Mass. spousal property ownership and guns

[Tweed]

Both my wife and I are LTC holders. We have been together a long time and have a lot of stuff that under Mass property laws we own together. Items like real estate and vehilces would be viewed as joint ownership, even if the deeds/titles were in just one parties name. The laws talk about firearm ownership and being a licensee, mostly in the singular person sense.


Hypothetically speaking - Let's say that I buy her a S&W 642 for Mother's Day. Would an FA-10 need to be used to transfer it to her, or do we own it together? The words on the FA-10 say it is for Firearms Sale/Rental/Lease. It is a record between a buyer and seller.

What if she decided that she didn't like the 642 and wanted to trade it for something else? She is licensed for ownership and to make the trade. Does an FA-10 need to be filed to put under her name or do I go and sign the transfer to the dealer/third party?

How would a Durable Power of Attorney document be viewed on joint ownership of firearms? Most of them I have seen use the word property or goods (cars, furniture, lamps, dogs). Should a POA explicitly say firearms?

 

[Len-2A Training]

Excellent questions and I take the same approach to what my Wife and I own.

Legally the guns are only owned by one person. From what Chief Ron Glidden has told me, yes you would have to do an FA-10 for each gun you transfer to a spouse . . . limited to max 4/year or go thru FFLs.

Somehow I doubt that CHSB would allow a POA to be used in a gun transfer, even though the laws allow you to transfer damn near everything else with a POA.

Consulting an attorney would be a good idea.

What say our NES attorneys?

 

[Weerd Beard]

We're talking about a wife here. Just bring it home and it's her's anyway, Legality be damned

Since you live in the same home, and both can legally use the gun instate, does it really matter who's name is on the title?

Arrr

-Weer'd Beard

 

[EMTDAD]

resurrecting old thread.. at least I did my search homework..

wife and I are both licensed. Last week we each bought a pistol, and midweek, she bought a 10/22. So this exact question came to mind.. and not very much info in this thread... and since it's from 10 yrs ago, wondering if anything changed.

Now.. correct me if I'm wrong, it doesn't matter who's in possession of either, right? I can possess her's without a problem and vice versa, right? For example, if I decide to go to the range with all three, and she doesn't come, is it a problem that I have 2 of her guns in my possession?

Also, It appears that she'd be responsible for the legal transfer for any she purchased, and me for mine. Much like a car or home.

Am I missing anything else that I should be aware of?

Thanks NESers

 

[milktree]

Now.. correct me if I'm wrong, it doesn't matter who's in possession of either, right? I can possess her's without a problem and vice versa, right? For example, if I decide to go to the range with all three, and she doesn't come, is it a problem that I have 2 of her guns in my possession?

Also, It appears that she'd be responsible for the legal transfer for any she purchased, and me for mine. Much like a car or home.

Your understanding matches mine.

 

[Len-2A Training]

EMTDAD, it is the person who is licensed. Said person can shoot, carry*, possess any gun allowed by said license regardless of who the owner is.

* - Fed Law says you can only borrow a handgun across state lines for "sporting purposes" so no CCW allowed in that case.