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Need help with Father in MA to Son in RI transfer question.

Discussion in 'Rhode Island Laws' started by Cuz, Jan 4, 2018.

  1. Cuz

    Cuz NES Member

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    I'm hoping someone here can help me with this. I have a non-gun owning friend who lives in RI. His very elderly dad lives in MA and owns a few firearms (handgun, rifles, and shotgun). The father let his license expire some years ago because he "forgot" about it. How can the father legally transfer possession of the firearms to his son in RI? Can the son legally just take the rifles and shotgun to his home in RI? I'm not sure what the RI laws say about this.

    Thanks,
    -Cuz
     

  2. jtnf

    jtnf

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    Pretty sure the son can 'borrow' the whole collection across state lines (cannot carry handguns that are 'borrowed' but can use for target/competition.)
    If son cannot possess in MA, a licensed individual will have to transport the collection.
    As for permanent transfer, a RI FFL will have to transfer handguns OR the gun collection can/should be willed to the son. As long as the executor and any potential claimants know the son has the collection for safe keeping, everything should be above board.

    LenS?


    --Edit: The above is generic interstate transfer advice. No idea WRT Rhode Island.
     
  3. chopper_man

    chopper_man Army Veteran NES Member

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    I would recommend to go thru a MA FFL who would then ship to a RI FFL, clears out any issues. I would have a MA licensed friend of the family accompany the dad to the MA FFL to do the transaction.
     
  4. CrackPot

    CrackPot NES Member

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    There are more complex ways, but the simplest is to get the firearms to an FFL in RI who would then transfer them to the son. There is no requirement for a MA FFL to be involved. Interstate transfer requires, by federal law, that an FFL in the buyers state perform the transfer.

    Some FFLs will not accept guns from an individual form out of state. Find your RI FFL first and determine what their requirements are.

    Because of the lack of MA LTC by the father, transport to RI is complicated. Ideally get a MA LTC holding friend and the RI son together at Dad's house and drive together to the RI FFL. That way you have transport covered.

    I suspect the RI FFL will want to father present to agree to the transfer/sale to the son.
     
  5. Rob Boudrie

    Rob Boudrie NES Member

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    This may seem cold, and diplomatically difficult, but if the elderly person wills the guns they can be transferred across state lines without an FFL.

    My will states that my guns are bequested to my friends in such allocation as my executor chooses. It's important that it be a bequest; not part of an asset liquidation by the executor.
     
  6. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    You nailed it.


    MA FFL NOT required or desired unless:

    - RI FFL won't accept them except from a MA FFL, or
    - No MA LTC holder available to transport them to the RI state line (then need to understand RI laws at that point, not my expertise, so no advice on that).

    "In-State" FFL only required for handguns, rifles/shotguns can be transferred by FFL in any state where legal (MA is not one of those).

    The rest of your post is also spot-on.
     
  7. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    He's still alive, so that won't work for now.
     
  8. Cuz

    Cuz NES Member

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    So what I think I'm hearing is that my friend in RI can legally posses/borrow/store his dad's firearms as long as they are legally transported from point A in MA to point B in RI with no FFL involved. As a MA resident, that sounds strange that a person could have in his house a handgun, rifle, and shotgun without ever having had a background check or even gotten his blue card. Does that sound about right?
     
  9. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    I don't think that anyone here is telling him what RI requires to legally possess (even as a loan). That's someone else's expertise needed for that portion of the equation.
     
  10. jtnf

    jtnf

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  11. appraiser

    appraiser NES Member

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    Guns can legally be "loaned" across a state line, but for "sporting purposes only IIRC.

    Find someone who is legal both in MA and RI, or two people, one legal in MA, one legal in RI, leave from Dad's house with the guns for a FFL in RI who you have found ahead of time who will handle the transfer. Bring Dad along for good measure.

    Does anyone have a reason that won't work?
     
  12. appraiser

    appraiser NES Member

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    IANAL but WRT to wills, the person has to specifically name what firearm ( make/model/SN) goes to what person in order to avoid any issues.

    That method can not be challenged, an executor disposing of them as they see fit does not give much IF ANY legal standing as to ownership as intended by the deceased or being able to move them across state lines without the benefit if a FFL after the persons death.
     
  13. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    Not required nor recommended unless some family members are expected to contest anything/everything. People buy and sell guns and revising a will every time you add or delete one is not desirable and is expensive.
     
  14. Jonny5

    Jonny5

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    18 plus in RI should be fine for the shotguns and rifles. However getting the pistols transferred without a blue card I am unsure of the fine details as the law states purchases require the blue card (no mention of transfers). However in all likelihood you need the blue card (and be over 21).

    Oh and you’ll be waiting 7 days for all items while they collect dust at the RI FFL.
     
  15. Rob Boudrie

    Rob Boudrie NES Member

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    The key is that the executor must be handing a BEQUEST of the guns, not a disposition of assets. If it's a BEQUEST, it means that the assets are transferred to the person receiving them. If it's a disposition, the executor is collecting money and disbursing the proceeds, which means the gun transfer would not be a bequest. My will makes it clear the guns are to be gifted to heirs as my executor sees fit. I doubt the ATF will go after them, since I will have a pitbull* handling the situation if he outlives me.

    I also had my attorney use the word "gun", not "firearm" since firearm is a term of art in MGL that does not generally includes handguns but not rifles and shotguns. (correction to word-o made)

    * - Remember Scrivener?
     
    Last edited: Oct 29, 2018
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