Moved to Mass about 2-3 years ago, now I wanna bring my rifles from Maine.

[dmelectrician]

Hi,
I moved to Mass from Maine about 2-3 years ago. I recently got my LTC and would like to bring my shotgun home. Do I need to fill out an FA10 for this? I read the sticky on moving to mass, but didnt get an answer from that. I also have a 22 rifle that was my step dads and when he passed away my mother wanted me to have it. Problem with that is it holds 15 rounds. Can I bring that home?
Thanks for your help.
Dennis

 

[kingston73]

Good question, I'm in the same situation. My father gave me a .22 Ruger SA and a 9422 rifle for my high school grad presents many years ago, and when I moved to MA last aug. I left them with him in VA. Now I have my LTC-A. Also didn't know what exactly to make of the "move to MA' thread. Look forward to an answer or 3.

 

[KMaurer]

You can bring yours in, but will have to file FA10s on each one for registration purposes within 7 days of doing so. As for your late step-father's rifle, you and your mother should take it to an FFL in Maine and get it transferred to you. As long as it's tube feed or pre-'94 there should be no issue with it. A detachable magazine that was made after 9/13/94 is illegal, but the gun itself is OK with a 10-round or less magazine.

Ken

 

[securityboy]

...As for your late step-father's rifle, you and your mother should take it to an FFL in Maine and get it transferred to you...

I'm not following that??? Maybe I read this different than you, but I don't see why he would have to go through an FFL.

...I also have a 22 rifle that was my step dads and when he passed away my mother wanted me to have it...

We are talking Maine, not Mass BS...(Maine) mom gives rifle to (maine) son, no FFL needed that I know of, son moves to MA takes him a while but eventually gets MA licenses in order and bring guns down.

 

[Kevlar]

I'm not following that??? Maybe I read this different than you, but I don't see why he would have to go through an FFL. We are talking Maine, not Mass BS...(Maine) mom gives rifle to (maine) son, no FFL needed that I know of, son moves to MA takes him a while but eventually gets MA licenses in order and bring guns down.

The OP is a MA resident.

 

[dmelectrician]

Not sure if it matters, but I was a Maine resident when he passed.
Thanks guys

 

[securityboy]

The OP is a MA resident.

He is a MA resident now, but the way I read his post he was a Maine resident before when he got the guns. IE. "I want to bring my rifles from Maine" not "I want to bring my deceased step fathers gun to MA from Maine"...and he just confirmed that

Not sure if it matters, but I was a Maine resident when he passed.
Thanks guys

dmelectrian, you are "all set" move your guns here and FA10 them accordingly, assuming the .22 isn't some how an assault weapon, you are good.

 

[KMaurer]

He asked a two part question, and I answered both parts. First, what about his guns, second, what about his late step-father's rifle. The fact that he was a ME resident when he passed is irrelevant since he didn't get the rifle then. Now it's an interstate transfer.

Ken

 

[securityboy]

He asked a two part question, and I answered both parts. First, what about his guns, second, what about his late step-father's rifle. The fact that he was a ME resident when he passed is irrelevant since he didn't get the rifle then. Now it's an interstate transfer.

Ken

I am not trying to argue, but huh??? Even ignoring his update which he explains he was a Maine resident when step dad passed, because I don't know what you mean by "he didn't get the rifle then". His original post says

...I also have a 22 rifle...

Which indicates he "had" it...It didn't say "my mom still has my step dad's rifle that she wants to give me"...Its not really a huge deal but no reason to make this fairly simple issue more complicated than it has to be...

 

[dmelectrician]

Thanks for the replies guys..

 

[milktree]

You can bring yours in, but will have to file FA10s on each one for registration purposes within 7 days of doing so. As for your late step-father's rifle, you and your mother should take it to an FFL in Maine and get it transferred to you. As long as it's tube feed or pre-'94 there should be no issue with it. A detachable magazine that was made after 9/13/94 is illegal, but the gun itself is OK with a 10-round or less magazine.

Ken

Since the guns were acquired years ago, why is an FA10 necessary? It's not a new gun (like one bought out of state) or an old gun new to him (like if he inherited one) If I remember correctly, an FA10 is only required on transfers or acquisitions, not when moving into the state. Since the OP acquired the guns *way* more than 7 days ago, and in another state, the two options I see are that he's already in violation for not filing an FA10 years ago, or he doesn't need to fill one out.

 

[Len-2A Training]

Since the guns were acquired years ago, why is an FA10 necessary? It's not a new gun (like one bought out of state) or an old gun new to him (like if he inherited one) If I remember correctly, an FA10 is only required on transfers or acquisitions, not when moving into the state. Since the OP acquired the guns *way* more than 7 days ago, and in another state, the two options I see are that he's already in violation for not filing an FA10 years ago, or he doesn't need to fill one out.

Sorry, wishful thinking.

Whenever/However you bring/obtain/build a gun in MA you MUST file an FA-10. If a MA resident leaves their guns in another state for whatever length of time, no FA-10 required UNTIL the gun crosses the state line into MA. Then it MUST be filed w/in 7 days by law.

The ONLY exemption is if you MOVE INTO MA WITH YOUR GUNS (all caps for emphasis). If you move in this week and bring your guns into MA next week, you MUST file the FA-10. If you move your guns into MA at the exact same time you move yourself into the state, no FA-10 is required.

 

[milktree]

Sorry, wishful thinking.

Whenever/However you bring/obtain/build a gun in MA you MUST file an FA-10. If a MA resident leaves their guns in another state for whatever length of time, no FA-10 required UNTIL the gun crosses the state line into MA. Then it MUST be filed w/in 7 days by law.

The ONLY exemption is if you MOVE INTO MA WITH YOUR GUNS (all caps for emphasis). If you move in this week and bring your guns into MA next week, you MUST file the FA-10. If you move your guns into MA at the exact same time you move yourself into the state, no FA-10 is required.

How is that even possible? It takes more than 7 days to get an LTC, so how could anyone ever move in with one's guns? (legally, I mean.)

Furthermore, are you saying that if I leave a gun at my summer house in VT for a season, I have to fill out another FA10 when I bring it back? What if it's being worked on by a gunsmith in NH, but only for a week?

This:

http://www.mass.gov/legis/laws/mgl/140-128b.htm

Uses the words "obtains", "purchases","sells", "receives", seller", "donor", "buyer", "donee", all of which mean a transfer of ownership. Moving and not moving your guns at the same instant don't have any ownership transfer.

Can you point me to the law that clearly (or even obliquely) says you have to file an FA10 when moving into the state?

 

[dwarven1]

How is that even possible? It takes more than 7 days to get an LTC, so how could anyone ever move in with one's guns? (legally, I mean.)

Furthermore, are you saying that if I leave a gun at my summer house in VT for a season, I have to fill out another FA10 when I bring it back? What if it's being worked on by a gunsmith in NH, but only for a week?

You have a 60 day grace period when you move in to get an LTC.

As to your second point, no. You already own the gun. If you leave it in your VT house for a season or two years, you still own it, and you don't need to file an FA-10 when you bring it back in. Only when you first acquire it or when you first bring it into MA after acquiring it if you didn't move in with it.

 

[Kevlar]

How is that even possible? It takes more than 7 days to get an LTC, so how could anyone ever move in with one's guns? (legally, I mean.)

60 day grace period...

M.G.L. c.140 s.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.

>snip<

The provisions of this section shall not apply to the following exempted persons and uses:

>snip<

(j) Any new resident moving into the commonwealth, any resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any resident of the commonwealth upon being released from active service with any of the armed services of the United States with respect to any firearm, rifle or shotgun and any ammunition therefor then in his possession, for 60 days after such release, return or entry into the commonwealth;

Furthermore, are you saying that if I leave a gun at my summer house in VT for a season, I have to fill out another FA10 when I bring it back? What if it's being worked on by a gunsmith in NH, but only for a week?

No, if you, as a MA resident, acquire a firearm outside of MA, and never bring it to MA, there is no FA-10 required.

If/when that firearm enters MA for the first time, a FA-10 is required within 7 days.

 

[fnfal50.00]

Grammatically, the following phrase only applies to nonresidents: "and receives such firearm, rifle, shotgun or machine gun, within the commonwealth." Legislators and their staff members need to do more than just access a legislative research and drafting manual (Visit www.mass.gov/legis/drafting.htm .) The dolts need to go back to elementary school.

Chapter 140: Section 128B. Unauthorized purchase of firearms; report to commissioner; penalties
Section 128B. Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun...

Red text plus green text equals duty for resident to report acquisition almost immediately and regardless of physical location.

The black-text phrase "other than from" is incorrect on two levels. At the micro level, the phrase should read "from other than." At the macro level, either the word "from" should be dropped from the phrase or the phrase should be completely replaced with the word "beside."

In this particular case, the standing legal interpretation might accrue to the benefit of gun owners. However, I am quite tired of watching gun owners get screwed in most other cases by poor legislative draftsmanship.

 

[afajvan]

Does the same rule regarding the FA-10 apply to handguns?
When I lived in NJ, I had 4 guns, 2 handguns and 2 rifles. All 4 are pre-1970's. None are over 10 round mag, or assault weapons. They are 2-.22 cal, a .45, and a 30-06.
When I moved to MA back in the 90's, I brought the guns up to a friend in ME.
Now, that I recently got my LTC-A, I want to get the guns and bring them back with me.
Do I just have to fill out a FA-10 form for each and be done with it?

 

[drgrant]

Since the guns were acquired years ago, why is an FA10 necessary? It's not a new gun (like one bought out of state) or an old gun new to him (like if he inherited one) If I remember correctly, an FA10 is only required on transfers or acquisitions, not when moving into the state. Since the OP acquired the guns *way* more than 7 days ago, and in another state, the two options I see are that he's already in violation for not filing an FA10 years ago, or he doesn't need to fill one out.

The problem is he already moved and he didn't bring the guns with him when he moved, so the wallhack no longer is supposed to apply.

Of course it is pretty easy to read between the lines here to see how "fungible" this is, but I'm not going to go there.

-Mike

 

[Len-2A Training]

afajvan, yes same rules. Since they weren't brought in when you moved, you must FA-10 as "registration" for each one that you bring into MA.

When you moved was the only time you were exempt from this law and you had a 60 day grace period to get your LTC at that time.

 

[ericcif]

Better question is why he moved to MA from ME? I did the opposite and brought about 20 guns with me that I got when my dad passed.

 

[30Mauser]

Hi,
I moved to Mass from Maine about 2-3 years ago. I recently got my LTC and would like to bring my shotgun home. Do I need to fill out an FA10 for this? I read the sticky on moving to mass, but didnt get an answer from that. I also have a 22 rifle that was my step dads and when he passed away my mother wanted me to have it. Problem with that is it holds 15 rounds. Can I bring that home?
Thanks for your help.
Dennis

What's that you say? You moved into MA from ME 2-3 years ago and brought a shotgun and 22 rifle with you, then let a friend with an LTC-A hold them for you for safe-keeping until you got your LTC? What a great idea that was, because now you can take possession of them from him and don't have to file FA-10 forms. Good thinking!

Edited to add: IANAL

 

[mx250man]

From the FA-10 page, "Massachusetts General Law c. 140, §§128A and 128B, requires all individuals who sell, transfer, inherit, or lose a firearm to report the sale, transfer, inheritance, or loss of the firearms to the Department of Criminal Justice Information Services Firearms Records Bureau (FRB)". Looking through the referenced MGL sections, I don't see anything that indicates he needs to file FA-10's. For example, I don't see how he moving his own property into the state can be considered that he "purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth". Note that the phrase "purchases or obtains" is being applied equally to "within or without the commonwealth". But I hear people saying that if one move THEIR GUNS from one place to another "within" the commonwealth that is ok and no filing is required, but if they move THEIR GUNS from one place to another "without" the commonwealth they somehow now need to file? How can that possibly be construed from this section? I am not a lawyer, but as far as legal jargon goes that seems pretty clear that both cases - within and without - are treated equally in this section. Can someone reference a section of MGL that says differently? For the sake of argument, let's assume that he properly owned all the long guns in question before moving to MA, and none were acquired from a third party after his residency.

Here is a link to the section I referenced:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B

 

[terraformer]

This 60 day thing has popped up before. It's in the zeitgeist here but it likely has a rationale basis but it's not in the ch 140 laws per se. Actually two rationales as a basis but I will only detail one with any specificity. If you bring the gun in after 60 days, what is to say you didn't actually buy the gun after 60 days. Got proof you own it? Without that an aggressive DA can possibly talk a jury into convicting you. There is also that second, somewhat related, rationale, but I prefer to not discuss that as it relates to something we are working on and my statements can be used against us in court, potentially.

There is no case law on the subject that I can find.

ETA: Basically sometimes lawyers will tell you not to do something that isn't illegal. This may be one of those times. My above statement is actually not my personal belief per se, just my attempt at trying to make sense of the statements of people smarter and more knowledgable than I who can't discuss this themselves. NB: One is dead and the other two are banned/psuedo-banned here and they all seemed to agree on this IIRC.

 

[ChevyGuy91]

The ONLY exemption is if you MOVE INTO MA WITH YOUR GUNS (all caps for emphasis). If you move in this week and bring your guns into MA next week, you MUST file the FA-10. If you move your guns into MA at the exact same time you move yourself into the state, no FA-10 is required.

Len,

Is there something more official then an NES post stating this? I have a buddy getting out of the mil that might be interested to know this. I am trying to tell him to settle in NH, but he is as hardheaded as I was.

Thanks.

 

[terraformer]

PS: Len mentioned EOPSS' rationale here (http://www.northeastshooters.com/vb...-In-Maryland?p=2239573&viewfull=1#post2239573) which hints at what I am not willing to discuss here. But believe me, it sounds absurd but you need to understand property law to understand that there is something more behind that absurdity and it may have legs.

 

[Len-2A Training]

Len,

Is there something more official then an NES post stating this? I have a buddy getting out of the mil that might be interested to know this. I am trying to tell him to settle in NH, but he is as hardheaded as I was.

Thanks.

Hi Ed,

Pardon me but I'm still trying to wrap my head around the "bring all your guns when you move . . . but you are a felon if you bring hi-caps with you when you move"!! That one just blows me away . . .

Meanwhile I'm revising my MA gun laws seminar slides today to reflect this dangerous absurdity of MGL. Rev 10 coming up this weekend!

 

[jasons]

Cool, more Glidden Law. Are all of these "EOPS interpretations" that he talks about base on anything beyond his wild imagination and faulty logic?

That guy needs to retire and move to FL with the rest of the dinosaurs.

 

[Len-2A Training]

Cool, more Glidden Law. Are all of these "EOPS interpretations" that he talks about base on anything beyond his wild imagination and faulty logic?

That guy needs to retire and move to FL with the rest of the dinosaurs.

Talking with Ron recently, he was none too pleased with that unsigned/undated EOPS letter released last May (the one GOAL demanded be retracted . . . but never will be).

You blame Glidden for all such travesties and I'm not at all sure that this is the case. I do think that it is a "mixed bag" with some things coming direct from EOPS and others may be motivated by Ron. That is just my personal opinion.

 

[30Mauser]

Talking with Ron recently, he was none too pleased with that unsigned/undated EOPS letter released last May (the one GOAL demanded be retracted . . . but never will be).

Is that the one where they want to start interpreting hi-cap mags "legally possessed as of date..." to mean only "legally possessed IN MASS as of date..."?

Is anyone actually complying with that??

 

[ChevyGuy91]

Hi Ed,

Pardon me but I'm still trying to wrap my head around the "bring all your guns when you move . . . but you are a felon if you bring hi-caps with you when you move"!! That one just blows me away . . .

Meanwhile I'm revising my MA gun laws seminar slides today to reflect this dangerous absurdity of MGL. Rev 10 coming up this weekend!

It blows my mind as well. He is in CA right now, so I would imagine he has all low cap mags.

Thanks for keeping us up to date.