I was discussing this issue with an attorney over the weekend and sent him the following text that I was able to find. Not being an attorney myself, there are areas of Fed and MA law on this topic that are open to interpretation that seriously impact our ability to transfer older handguns. Consider this as a "work in progress", if I get additional information on this subject, I will add it as a reply to this "sticky".
The discussion we had were with regard to "do the guns have to be explicitly willed or can they be part of the decedent's unnamed property which the executor has authority to dispose of according to their own wishes and desires" (within, of course, whatever guidance was left by the decedent).
Here are cut 'n paste directly from the USC, cites provided:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
18 USC 922(a)(3)(A)
18 USC 922(a)(5)(A)
27 CFR 478.29(a)
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=27:2.0.1.2.3.3.1.10&idno=27
27 CFR 478.30(a)
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=27:2.0.1.2.3.3.1.12&idno=27
MGL Ch. 140 S. 129C(n)
http://www.mass.gov/legis/laws/mgl/140-129c.htm
MGL Ch. 140 S. 128A
http://www.mass.gov/legis/laws/mgl/140-129c.htm
[MORE TO FOLLOW IN REPLY - FORUM SW HAS A LIMIT ON POST LENGTH]
Next Reply will "muddy the waters" with Ron Glidden's interpretation.
The discussion we had were with regard to "do the guns have to be explicitly willed or can they be part of the decedent's unnamed property which the executor has authority to dispose of according to their own wishes and desires" (within, of course, whatever guidance was left by the decedent).
Here are cut 'n paste directly from the USC, cites provided:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
18 USC 922(a)(3)(A)
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
18 USC 922(a)(5)(A)
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
27 CFR 478.29(a)
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=27:2.0.1.2.3.3.1.10&idno=27
§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
27 CFR 478.30(a)
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=27:2.0.1.2.3.3.1.12&idno=27
§ 478.30 Out-of-State disposition of firearms by nonlicensees.
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and
MGL Ch. 140 S. 129C(n)
http://www.mass.gov/legis/laws/mgl/140-129c.htm
Chapter 140: Section 129C. Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to executive director; exemptions; exhibiting license to carry, etc. on demand
Section 129C. No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.
No person shall sell, give away, loan or otherwise transfer a rifle or shotgun or ammunition other than (a) by operation of law, or (b) to an exempt person as hereinafter described, or (c) to a licensed dealer, or (d) to a person who displays his firearm identification card, or license to carry a pistol or revolver.
A seller shall, within seven days, report all such transfers to the executive director of the criminal history systems board according to the provisions set forth in section one hundred and twenty-eight A, and in the case of loss, theft or recovery of any firearm, rifle, shotgun or machine gun, a similar report shall be made forthwith to both the executive director of the criminal history systems board and the licensing authority in the city or town where the owner resides. Failure to so report shall be cause for suspension or permanent revocation of such person’s firearm identification card or license to carry firearms, or both, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense and by a fine of not less than $1,000 nor more than $5,000 for a second offense.
The provisions of this section shall not apply to the following exempted persons and uses:
. . .
(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;
MGL Ch. 140 S. 128A
http://www.mass.gov/legis/laws/mgl/140-129c.htm
Chapter 140: Section 128A. Application of Sec. 128
Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D and the purchaser has, in the case of sale or transfer of a firearm, a permit to purchase issued under the provisions of section one hundred and thirty-one A and a firearm identification card issued under section one hundred and twenty-nine B, or has such permit to purchase and is an exempt person under the provisions of section one hundred and twenty-nine C, or has been issued a license to carry firearms under the provisions of section one hundred and thirty, or in the case of sale or transfer of a rifle or shotgun, the purchaser has a firearm identification card or a license to carry firearms or is an exempt person as hereinbefore stated; and provided, further, that such resident reports within seven days, in writing to the executive director of the criminal history systems board on forms furnished by said executive director, the names and addresses of the seller and the purchaser of any such large capacity feeding device, firearm, rifle or shotgun, together with a complete description of the firearm, rifle or shotgun, including its designation as a large capacity weapon, if applicable, the caliber, make and serial number and the purchaser’s license to carry firearms number, permit to purchase number and identifying number of such documentation as is used to establish exempt person status in the case of a firearm or the purchaser’s license to carry number or firearm identification card number or said document identity number, in the case of a rifle or shotgun.
[MORE TO FOLLOW IN REPLY - FORUM SW HAS A LIMIT ON POST LENGTH]
Next Reply will "muddy the waters" with Ron Glidden's interpretation.