Ma resident LTC holder bringing gifted long guns from Wisconsin

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I have looked a bit, and can't find exactly the scenario I want information on.

I'm a recent Ma LTC holder ( 4 days... ), but not so recent on the planet ( 47 years... ). My father in law wants to give me his T Parker 12 Ga double bbl, a Marlin .22 rifle and a .22 air rifle. I assume the air rifle is a non issue for anything. There is no paperwork on any of the guns, and I think of the 12 Ga. as more of a sentimental item than a firearm ( it seems to be from late 1800's - might remove the firing pins and hang it on the mantle ), although law enforcement might not see it that way. My question isn't about the value of these guns ( I realize they're not of great value ) or safety of these guns ( I realize that the 12 Ga might not survive being fired ), but about bringing them back to Ma legally.

As a new LTC holder I've never owned a gun ( plan on buying some soon ), so I've never had to go through the process at all, more or less bring one in from another state, so not really sure what I need to do / know, and I'd rather not go to the clink because I inadvertently broke a law.

As I understand it, Wisconsin honors Ma LTC's, so it should be legal for me to posses a firearm there. I also understand that there is a federal law (FOPA) that essentially protects me if I am moving a gun from one place I can legally posses it to another place I can legally posses it. My intention is to lock the 2 guns ( not counting the air rifle ) in a locked box, unloaded, with no ammunition ( not planning on bringing any back ), in the bed a pickup ( under a locked tonneau cover so the whole box doesn't get stolen ).

So, here's my questions:
- Am I correct in assuming that transporting them that way is legal?
- I'll be traveling with my family, and will be staying overnight a couple of places along the way - I assume this still falls under 'traveling to my destination'? How about if we detour to sight-see along the way? I didn't see anything when I was reading about FOPA that specified what kind of stops are allowed - does anyone know of it being tried in court?
- If we stay in a seedy area ( Hotel ), would I be in violation of FOPA to bring them in? I would leave them locked in the case, unloaded, and again I don't plan on bringing any ammo.
- If I get stopped along the way, am I obligated to declare I have the guns?
- I will have my father in law write out a note stating he gave me the guns - is there anything I should have him include? Again, he has no paperwork - think they were his fathers'.
- Once I arrive home, what am I obligated to do as far as paperwork?
- Am I missing anything?
- Also, and I'm not planning on this, if I brought a Ma compliant pistol ( lets say 9mm with 10 round mag ) to Wi (assuming it's Wi compliant, too ), and back again, would that be protected under FOPA ( assuming locked, out of reach, unloaded )? Some stuff I read seemed to suggest that long guns are treated differently than 'high capacity' pistols. Doubt I'd ever do it, but just curious while we're on the topic.

I'm not overly worried - while I have a relatively heavy foot, I have done the drive a few times without getting stopped, and I don't think we come across as the type of family who deserves to have their car searched, and hopefully a cop would understand that an antique shotgun and a .22 are not my attempt at gun running ( with my 2 and 4 year old daughters...), but I'd hate to be sitting in a state or federal penn wishing I'd done something differently.

Thanks in advance
 
Ma and Wi reciprocate?? I thought Ma was all by itself.
Get a Utah out of state, it good in Wi and 30 others, but you should check for yourself.

Sent from my Nexus 7 using Tapatalk
 
If it's pre 1899 it's not considered a firearm,no license or FID required and can be shipped with the USPS.
This^^ if the gun in question was made before 1899, it is no longer considered to be a firearm, so no worries there.

The pellet gun is a non-issue.

The Marlin .22 is an issue. A lot of folks don't realize it, but you can't gift firearms across state lines, even between family members. There are ways around that, though. You could have a local FFL to your father do a transfer to you. You could have your father loan it to you for sporting purposes, such as shooting or hunting, then leave it to you in his will, listing the firearm with you as the heir specifically.

Keep in mind that you have to register the firearms within 7 days of bringing them into MA via Efa10.

FOPA covers you transporting an unloaded firearm in a locked case, separate from the ammunition.

Hope this helps a little. IANAL and this is not legal advice.
 
So, here's my questions:
- Am I correct in assuming that transporting them that way is legal?
- I'll be traveling with my family, and will be staying overnight a couple of places along the way - I assume this still falls under 'traveling to my destination'? How about if we detour to sight-see along the way? I didn't see anything when I was reading about FOPA that specified what kind of stops are allowed - does anyone know of it being tried in court?
- If we stay in a seedy area ( Hotel ), would I be in violation of FOPA to bring them in? I would leave them locked in the case, unloaded, and again I don't plan on bringing any ammo.
- If I get stopped along the way, am I obligated to declare I have the guns?
- I will have my father in law write out a note stating he gave me the guns - is there anything I should have him include? Again, he has no paperwork - think they were his fathers'.
- Once I arrive home, what am I obligated to do as far as paperwork?
- Am I missing anything?
- Also, and I'm not planning on this, if I brought a Ma compliant pistol ( lets say 9mm with 10 round mag ) to Wi (assuming it's Wi compliant, too ), and back again, would that be protected under FOPA ( assuming locked, out of reach, unloaded )? Some stuff I read seemed to suggest that long guns are treated differently than 'high capacity' pistols. Doubt I'd ever do it, but just curious while we're on the topic.

This has been addressed here hundreds of times over the years. Searching is an art however.

Addressing your questions:

- Transport as stated is legal.
- No, FOPA requires that you be legal ANYWHERE you stop (it becomes a "destination") for more than gas, quick meal, or bathroom break. Staying overnight requires that you be legal in the location you stay overnight. Yes, there are court cases and people have gone to jail and become felons due to not paying attention to this detail.
- If you are legal in the place you stay overnight, bringing the locked case into a hotel room should be legal. Try not to stay in any seedy areas!
- Declaration of possessing guns is a state issue. Some states require it, others don't. Do your research before traveling.
- The note your FIL writes is enough to send both him and you to Federal prison for a very long time, and all the evidence that they would need for a conviction! Federal law doesn't care about prior paperwork, but makes it ILLEGAL to transfer guns between two people who do not live in the SAME STATE, NO exceptions except inheritance (after someone dies)! The legal way to do this is for both you and your FIL to take any post-1898 mf'd gun to a FFL where he lives and make a legal transfer of the gun. The other guns (antique and airgun) he can simply write a letter/bill of sale giving them to you.
- When you arrive home, you go online with the CJIS/FRB website and REGISTER any post-1899 guns (yes, MA definition of antique is a different year than Feds) with NO info on the source of the gun, just a description of the gun and your info. Save the PDF and print for your own records. Done!
- YES, see above for what you missed.
- Bringing a pistol. Check laws for every place you intend to stop and FOPA for law wrt transportation (different for ammo than MGL). I suggest you go to handgunlaw.us ONLY for the quick links to each state's laws . . . read and print the actual law from each state's website. Obey it and you should be fine (except for NY and NJ, they ignore the law and prosecute).

Some states insist on (illegally) searching cars when people are stopped for a light out or speeding. We don't do that in MA, but procedures differ in other states.

Good luck!
 
This has been addressed here hundreds of times over the years. Searching is an art however.

Addressing your questions:

- Transport as stated is legal.
- No, FOPA requires that you be legal ANYWHERE you stop (it becomes a "destination") for more than gas, quick meal, or bathroom break. Staying overnight requires that you be legal in the location you stay overnight. Yes, there are court cases and people have gone to jail and become felons due to not paying attention to this detail.
- If you are legal in the place you stay overnight, bringing the locked case into a hotel room should be legal. Try not to stay in any seedy areas!
- Declaration of possessing guns is a state issue. Some states require it, others don't. Do your research before traveling.
- The note your FIL writes is enough to send both him and you to Federal prison for a very long time, and all the evidence that they would need for a conviction! Federal law doesn't care about prior paperwork, but makes it ILLEGAL to transfer guns between two people who do not live in the SAME STATE, NO exceptions except inheritance (after someone dies)! The legal way to do this is for both you and your FIL to take any post-1898 mf'd gun to a FFL where he lives and make a legal transfer of the gun. The other guns (antique and airgun) he can simply write a letter/bill of sale giving them to you.
- When you arrive home, you go online with the CJIS/FRB website and REGISTER any post-1899 guns (yes, MA definition of antique is a different year than Feds) with NO info on the source of the gun, just a description of the gun and your info. Save the PDF and print for your own records. Done!
- YES, see above for what you missed.
- Bringing a pistol. Check laws for every place you intend to stop and FOPA for law wrt transportation (different for ammo than MGL). I suggest you go to handgunlaw.us ONLY for the quick links to each state's laws . . . read and print the actual law from each state's website. Obey it and you should be fine (except for NY and NJ, they ignore the law and prosecute).

Some states insist on (illegally) searching cars when people are stopped for a light out or speeding. We don't do that in MA, but procedures differ in other states.

Good luck!
Also, doesn't MA consider antique guns that take currently available cartridges to not be antique?
 
re the parker:

check the serial number:

http://www.parker-shotguns.com/parker-shotguns-serial-numbers-and-year-of-production/

To find when it was made.

Some late 1800's guns are Damascus (not considered safe by many with modern ammo) barrels; others are fluid steel, and are fine. One of mine is 1898, and works just fine. When my kid gets it, he'll be generation 4. Don't mess with it until someone who knows Parkers checks it out.
 
I appreciate all the replies! A quick response to some of the issues:
- I saw some sites that showed Wi honors Ma LTC's, and confirmed it on the Wi DOJ site. Ma, however, honors no one else's it seems - I guess mid-westerners really are friendlier than new englanders ;)
- That's good info on the shotgun being antique - I couldn't find a date last time I was out there, but I'll look into it some more ( thanks for the link ). The barrel is stamped 'genuine Damascus', so I think I'll play it safe and not fire it ( have my eye on a new 12 ga anyway ). Still have to get the .22 home...
- That's good info on not being able to gift across state line - never occurred to me, but I guess I can see how that might be abused to circumvent laws if allowed. I guess he'll 'loan' them to me - kinda true because if he ever asks for them back I'd be happy enough to give them to him. I will not get a note - had been thinking it would explain why I had them, but I'm glad I asked. I guess if I have issues I'll let a lawyer explain why I have them...
- One issue with transferring ownership in Wi is that my father in law has never had an FID / LTC - they've just been in the family his whole life. I can talk to a local shop and see how that can be handled. It could be that he gave them to my now wife years ago, when they both lived in Wi, and we're just now bringing them home. Of course my wife doesn't have an LTC/ FID either.
- I'm sure there are posts that have addressed this in the past, but when I searched I was finding many posts about moving to Ma, or trying to buy out of state, or bringing guns that are already owned across state lines, etc., but I was having trouble finding this scenario. I did search for a while so I wouldn't waste people's time, which is how I learned about FOPA in the first place. Again, I'm glad I asked because I didn't know that gifting them would be an issue.
 
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