I recall reading it about some other states. Sorry don't recall details or where I read it.
-
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
MA-Gun Laws (Fed & MA) and Inheritance
- Thread starter Len-2A Training
- Start date
Hey all, I hope someone can assist me with a little advice. My dad is real sick (unexpectedly) and may not make it the week. My mom is concerned about his firearms, as there currently isn't a will. He has a couple MA-compliant handguns but he also has an AR we built for him prior to the AG ruling. What's the best course of action to make sure these are all transferred legally to me so I can remove them out of the house. It's really the last thing we all want to deal with at the moment but if he passes, I don't want Mom to have to deal with them.
IANAL!
Mass compliance only matters if a dealer is required to transfer, which will be a problem with an intestate transfer.
Does anyone have comprehensive legal power of attorney? If so, and everyone agrees, transfer on eFA10 or bring to a dealer (one you can convince to honor the PoA) to effect the transfer.
Otherwise, they will become your moms property. She can ask you to store them until the estate probate is closed, at which point she can transfer them to you.
Mass compliance only matters if a dealer is required to transfer, which will be a problem with an intestate transfer.
Does anyone have comprehensive legal power of attorney? If so, and everyone agrees, transfer on eFA10 or bring to a dealer (one you can convince to honor the PoA) to effect the transfer.
Otherwise, they will become your moms property. She can ask you to store them until the estate probate is closed, at which point she can transfer them to you.
greencobra
NES Member
- Joined
- Jul 2, 2011
- Messages
- 27,191
- Likes
- 26,658
i want to keep my guns and gun related "stuff" out of my will and away from the executor of my estate who will probably be my sister. i have basically ear marked them to a good friend and shooting/gun enthusiast. he is to take everything in my gun room, reloading equipment, all gun related items, spare parts as well as the contents of the safe. it will be his to do with as he wants, keep all or sell off the items he doesn't want and won't use.
i want to hand over my house keys and safe combo so at my death he can just walk in and remove the goods.
so, documentation...can i just go to a lawyer and draw up something just for what i mentioned above and just put a brief mention of this document into my main will?
i believe i mentioned this before and a member who is a lawyer reached out to me. i dropped the ball on that so asking again.
i want to hand over my house keys and safe combo so at my death he can just walk in and remove the goods.
so, documentation...can i just go to a lawyer and draw up something just for what i mentioned above and just put a brief mention of this document into my main will?
i believe i mentioned this before and a member who is a lawyer reached out to me. i dropped the ball on that so asking again.
JRT
NES Member
Most people only think of a trust for NFA items. All firearms can be placed in a trust with explicit direction on how they should be distributed at death. This avoids the probate process and trusts are much harder to challenge. A trust will accomplish your goals.
bfm
NES Member
My wife and I are creating a trust, not firearm related, in place of a will to make sure our kids inherit and/or are taken care of by appointed guardians. Any advice on adding firearms to this trust, or creating a firearm specific one for the inheritance of them? Also, how does one handle the case of the parents both passing before the children are legally old enough to own firearms without having to transfer them to someone who you then have to trust to transfer them back? Do not have other direct family members who are licensed.
Mr. Brownstone
NES Member
A friend of mine (MA Resident with LTC) passed away a few months ago. He had a small collection. His girlfriend of many years, who is licensed in MA, is the executrix of his estate. There were no written instructions designating inheritance. He has a brother who is a Maine Resident.
After reading most of this thread, I just want to verify that I have this correct.
As executrix, she can designate whatever she wants to herself, and FA-10 it (not limited to 4/year). Whatever goes to his brother, or other out of state family members must be transferred to them by FFL in their home state.
Is there any paperwork etc… that an FFL would require to prove that she is executrix, or otherwise authorized to distribute? Or is this one of those, the less you say the better, it’s legal, just do it situations.
Any insight is appreciated.
Thanks!
After reading most of this thread, I just want to verify that I have this correct.
As executrix, she can designate whatever she wants to herself, and FA-10 it (not limited to 4/year). Whatever goes to his brother, or other out of state family members must be transferred to them by FFL in their home state.
Is there any paperwork etc… that an FFL would require to prove that she is executrix, or otherwise authorized to distribute? Or is this one of those, the less you say the better, it’s legal, just do it situations.
Any insight is appreciated.
Thanks!
Sorry for your loss.
Nope, when someone dies intestate, each state has a law that defines who gets what. IANAL but IIRC it goes to a pecking order of next of kin. GF may end up with nothing and anything she transfers outside of the state-mandated pecking order is a "regular transfer" with all attendant restrictions/paperwork/FFL/etc.
Nope, when someone dies intestate, each state has a law that defines who gets what. IANAL but IIRC it goes to a pecking order of next of kin. GF may end up with nothing and anything she transfers outside of the state-mandated pecking order is a "regular transfer" with all attendant restrictions/paperwork/FFL/etc.
Mr. Brownstone
NES Member
Thanks Len. Just to be clear, he died in MA. So if I understand correctly, she doesn’t decide, the State says it goes to next of kin, which would be the brother.(I think there was no other family) Does that absolve the brother of the FFL transfers? Or because there weren’t written instructions, they still need transfer in Maine?
I think she is only interested in one handgun. But its not on the list.
If it was the only way, I think he would loan it to her for sporting purposes. Possibly even leave it to her in his will.
Thank you again for your interpretation
If he died in MA, check MA Intestate laws for exact rules. Google should bring them up. I haven't checked the particulars on this.
Mr. Brownstone
NES Member
Will do. Thanks!
- Joined
- Jul 17, 2019
- Messages
- 1
- Likes
- 0
Hello all. I’m here looking for guidance. My father passed at the beginning of the year and has large collection (no will + only about half registered). He was NRA and State certified instructor, taught hunter safety, gunsmith and had curios and relics license. We could not do any probate/estate. From this thread I realize everything goes to my mother. She is fine with letting us keeping what we want however not sure how to transfer large amount (a lot can’t be done by FFL). Unsure if relevant but my sister and husband are PO’s, mom retired as civilian from PD and technically I’m employed by PD also. We were waiting for guidance from our licensor but never heard back. All of us have LTC and are in MA. I saw on another site that it may be possible for my mother to transfer using my fathers LTC and she could sign.? but it expires this weekend. Also I wasn’t sure if I could register with no source on something that was already registered to him. Does the state even ask for any proof of will/inheritance? Any help is greatly appreciated.
Side note - Len-2A I would’ve like to go to the seminar coming up but they fall on my fathers b-day.
Side note - Len-2A I would’ve like to go to the seminar coming up but they fall on my fathers b-day.
Joe, very sorry for your loss. IANAL, but yes, per intestate laws (check to verify for MA) it is likely that everything goes to your Mother. She can loan any of you whatever she wishes and put those items in a Will so that you'll legally own them on her passing. That's one option.
Second option is to do a FTF transfer of max 4 guns that an FFL can't touch per year. Lengthy way to distribute them but lawful.
Be real careful, most LEOs are clueless about MA gun laws and will give advice that is illegal without meaning to do so.
No she can't legally transfer on someone else's LTC. If he left paperwork proving handguns were in MA prior to 10/21/1998, some/most FFLs would be willing to transfer them for her. The AG's BS on AWs causes a problem that means only FTF will work in MA unless they are truly pre-ban (9/13/1994).
The state does not care if something was previously registered or not.
Legally speaking:
- Your Mother should REGISTER each gun online, do NOT use the Inheritance option, just registration . . . skip the "where did you get it page" and just fill in the info on the gun and her info. [Although in your unique case as long as she did it prior to his LTC expiring, using the inheritance option wouldn't cause any problems. After his LTC expires I would expect that option to no longer work.]
- After that, any disposition is just a regular transfer between 2 individuals per MGL. There are no special privileges wrt Family or Inheritance distributions without a will.
Since I have to get some dental work done before we move/lose my dental insurance, I will likely run another Mass Gun Law Seminar in August (looks like Sat Aug 10th should work). I still have no location for a classroom in NH, but once I'm up there full time, there are two gun shops that expressed interest in having me write them a proposal for teaching there.
Second option is to do a FTF transfer of max 4 guns that an FFL can't touch per year. Lengthy way to distribute them but lawful.
Be real careful, most LEOs are clueless about MA gun laws and will give advice that is illegal without meaning to do so.
No she can't legally transfer on someone else's LTC. If he left paperwork proving handguns were in MA prior to 10/21/1998, some/most FFLs would be willing to transfer them for her. The AG's BS on AWs causes a problem that means only FTF will work in MA unless they are truly pre-ban (9/13/1994).
The state does not care if something was previously registered or not.
Legally speaking:
- Your Mother should REGISTER each gun online, do NOT use the Inheritance option, just registration . . . skip the "where did you get it page" and just fill in the info on the gun and her info. [Although in your unique case as long as she did it prior to his LTC expiring, using the inheritance option wouldn't cause any problems. After his LTC expires I would expect that option to no longer work.]
- After that, any disposition is just a regular transfer between 2 individuals per MGL. There are no special privileges wrt Family or Inheritance distributions without a will.
Since I have to get some dental work done before we move/lose my dental insurance, I will likely run another Mass Gun Law Seminar in August (looks like Sat Aug 10th should work). I still have no location for a classroom in NH, but once I'm up there full time, there are two gun shops that expressed interest in having me write them a proposal for teaching there.
Joe, as a perspective on LEO knowledge of MA gun laws:
I just came back from a "celebration of life" (funeral) and sat with my chief and deputy at the reception. I reminded them about the MIRCS receipt for my Wife's LTC renewal . . . she filed about a month ago and signed the MIRCS generated form (you pick it up and sign it at the dispatch window then return it to them) but never got the MIRCS receipt (which is required for the infinite grace period). They were unaware that MGL requires giving it to the applicant within 7 days. The chief said that I'm probably the only person in town that even asked for it to which I reminded him that I teach that stuff and have been for a lot of years now. BTW, both the chief and deputy are really good guys and 2A friendly, they just don't know the laws about the process.
I just came back from a "celebration of life" (funeral) and sat with my chief and deputy at the reception. I reminded them about the MIRCS receipt for my Wife's LTC renewal . . . she filed about a month ago and signed the MIRCS generated form (you pick it up and sign it at the dispatch window then return it to them) but never got the MIRCS receipt (which is required for the infinite grace period). They were unaware that MGL requires giving it to the applicant within 7 days. The chief said that I'm probably the only person in town that even asked for it to which I reminded him that I teach that stuff and have been for a lot of years now. BTW, both the chief and deputy are really good guys and 2A friendly, they just don't know the laws about the process.
- Joined
- Sep 16, 2019
- Messages
- 1
- Likes
- 0
Looking for some guidance here.
My uncle who lived in VA passed away about 10 years ago. He had no wife or immediate family so my aunt (his sister) is the executrix of his estate. Fast forward to a couple of months ago...she was going through a bunch of his stuff and uncovered 4 handguns, 3 of which are not MA compliant (but all manufactured in 1994 or earlier), and she would like for me to have them. I have my MA LTC so I'm just trying to figure out how to do this the right way. My questions are as follows:
My uncle who lived in VA passed away about 10 years ago. He had no wife or immediate family so my aunt (his sister) is the executrix of his estate. Fast forward to a couple of months ago...she was going through a bunch of his stuff and uncovered 4 handguns, 3 of which are not MA compliant (but all manufactured in 1994 or earlier), and she would like for me to have them. I have my MA LTC so I'm just trying to figure out how to do this the right way. My questions are as follows:
- Does the inheritance law apply here? They were not specifically willed to me but I thought maybe because she is the executrix and he has no immediate family it might apply.
- If so, how can I legally get them here? Is it as simple as flying them here and registering?
- If not, is there any possible way to get them? Aside from the compliant one, which I know I can transfer from a dealer in VA to a local dealer here.
- One of the pistols is a custom build with parts from a number of different manufacturers. Can I obtain this, and if so how do I register? Do I use the maker of the frame and the corresponding serial number?
- Joined
- Apr 24, 2005
- Messages
- 47,488
- Likes
- 33,486
Check with an attorney, but...
1) The frame # is what counts on almost all guns. The other numbered parts are irrelevant in the US (but not in some other countries)
2) You are receiving guns disposed by the executrix, not getting them by bequest. You need to use an FFL
3) My will states my "guns are bequested to such individuals as solely determined by my executor" specifically for this reason.
1) The frame # is what counts on almost all guns. The other numbered parts are irrelevant in the US (but not in some other countries)
2) You are receiving guns disposed by the executrix, not getting them by bequest. You need to use an FFL
3) My will states my "guns are bequested to such individuals as solely determined by my executor" specifically for this reason.
Last edited:
Mr. Brownstone
NES Member
Yes. But standard capacity post 94 magazines will need to stay in free state.
Yes, you just have to register each one on the eFA-10 website. Use registration and NO info on when you got them.
The actual MGL AWB, not the BS press conference/memo! [IANAL]
George D
NES Member
If I bought a collection in MA from an estate, would I use the EFA10 "register" option, and not sale since the executor has no LTC? I was looking at Scriv's post from way back in the beginning where he mentioned listing the executor/court docket info, would I list that under seller or leave it blank?
If you "bought from an estate"in MA, and the personal representative didn't have a LTC, by law the transfers had to be done via an MA Dealer and they do the eFA-10 in MIRCS.
George D
NES Member
Thanks, I am wondering how that would be handled with post ban AR's and post ban double stack handguns. If it is an FFL, I am thinking that will be an issue.
You talk with the FFL and explain exactly what you want to do. There are ways around some/most issues.
RichLec
NES Member
Hello,
I am trying to wrap my head around all this and thought I knew what needed to be done but looks like I might be wrong...
My father (NH Res) recently passed away. He has a collection of about 10 firearms and when he and I talked about leaving them to me I thought I would just have to fill out eFA10's with the inherit option. But it looks like the form now requires LTC info for the deceased and since he was a NH Res with no LTC here in MA I am at a loss on how to properly do this. There isn't anything that isn't mass compliant (other than mags which will not be making the trip south). Can anyone please help?
Thank you in advance
Rich
EDIT: is this info from 2016 still valid and applicable in my case?
From Post 236 or 238 can't remember::
You absolutely should NOT use the "inheritance" option on the eFA-10 website. Read above and elsewhere . . . just do a "REGISTRATION" and ignore the screen requesting where you got the gun, just give them gun info and your info.
2nd Edit: He did put every firearm in his will to go to me if that matters.
I am trying to wrap my head around all this and thought I knew what needed to be done but looks like I might be wrong...
My father (NH Res) recently passed away. He has a collection of about 10 firearms and when he and I talked about leaving them to me I thought I would just have to fill out eFA10's with the inherit option. But it looks like the form now requires LTC info for the deceased and since he was a NH Res with no LTC here in MA I am at a loss on how to properly do this. There isn't anything that isn't mass compliant (other than mags which will not be making the trip south). Can anyone please help?
Thank you in advance
Rich
EDIT: is this info from 2016 still valid and applicable in my case?
From Post 236 or 238 can't remember::
You absolutely should NOT use the "inheritance" option on the eFA-10 website. Read above and elsewhere . . . just do a "REGISTRATION" and ignore the screen requesting where you got the gun, just give them gun info and your info.
2nd Edit: He did put every firearm in his will to go to me if that matters.
Last edited:
