Picking up confiscated guns ...

[theGringo]

... for a friend who has had his guns confiscated.

I know this has been addressed here, but I can't find the thread. A friend had three guns taken by police when his LTC was suspended. Apparently TWO different MA police departments are involved. Each holds one or two of his guns. He needs an LTC holder to go and get them. Then he wants to transfer them to a guy in NH.

Last time I did this for a friend in a jam, there was no such thing as a MA FA-10. I just walked into a cheerful, small town PD and picked up the guns. He ended up selling them too me and that was the end of the story.

If I go get this guys guns from the two PDs, do I have to take possession on an FA-10? Can I sell them or transfer them to another party out of state on his behalf?

Thanks.

 

[HorizontalHunter]

I had to pick one up for a family member 5 or 6 years ago. All I needed was a letter from him authorizing me to pick it up as it was "his property". I also had to schedule the pickup when the Sargent that was in charge of the property room was there.

I had to present my LTC and the letter (which they kept). I took the weapon out of the evidence box it was in, inspected and made sure that it was clear, returned it to the evidence box and went on my way.

This was in a green town but I imagine it varies greatly by department.

IMO the best thing you can do is to call the PD and ask what they want to release the weapons into your custody.

ETA:

In my case the weapons were FA-10'd to me until his issue was resolved and his license was re-instated. Then they were FA-10'd back into his possession. The transfers to me were done several days after I had picked them up.

Good luck,

Bob

 

[NewGunGuy]

Man that sucks. I hope he can get whatever problem fixed, and I also hope he's not sending a Glock 17 to NH.

Charles.

 

[theGringo]

SO I guess FA-10 is required. That kinda sucks. If I then take these guns and transfer them to an out of state party via FFL, there's nothing there that would raise an eyebrow, right? Seems to me I should be able to do that.

 

[Mr. Brownstone]

SO I guess FA-10 is required. That kinda sucks. If I then take these guns and transfer them to an out of state party via FFL, there's nothing there that would raise an eyebrow, right? Seems to me I should be able to do that.

That part is easy. Yes you can do that. For your own records, get an itemized receipt of what you do transfer to an out of state FFL. MA has no mechanism for Un-FA10ing out of state outbound transfers. Read, they would still remain on whatever registry we have here, that we are not supposed to have.
So if they ever came for your firearms, you would have a paper trail that says you legally transferred the firearms out of state.

 

[2A_Esq.]

I would just add that if they (the firearms) were confiscated because your friend became subject to a 209A abuse prevention order, under M.G.L. c. 209A s. 3B, the firearms may be released only to an FFL - they cannot be released to you on an FA-10. Some departments don't know there is a distinction unique to 209A's, and try to require that they be released to an FFL in any circumstances.

 

[Rob Boudrie]

...the firearms may be released only to an FFL

Close, but actually, the guns may be picked up only by a state licensed dealer. There are circumstances under which one may hold an FFL but not a state dealer's license.

 

[2A_Esq.]

Close, but actually, the guns may be picked up only by a state licensed dealer. There are circumstances under which one may hold an FFL but not a state dealer's license.

In my haste, you got me.

 

[MA_Shooter]

I know you can hold onto/borrow someone else's guns without an FA-10 but is this situation different because the owner's license was suspended?

 

[Len-2A Training]

I know you can hold onto/borrow someone else's guns without an FA-10 but is this situation different because the owner's license was suspended?

No it is not different, however the person picking them up has no right to sell them to anyone. That must be done by the rightful owner.

 

[That Guy]

Once again, I offer my gun safe as free storage for firearms while anyone sorts through legal troubles. I won't sell them and I'll keep them broken in by firing them regularly.

OP: Sucks for your friend, but good on you for helping out.

 

[shamrockjr]

...under M.G.L. c. 209A s. 3B, the firearms may be released only to an FFL - they cannot be released to you on an FA-10.

Sound advice from an attorney is not something that I could add to.

No it is not different, however the person picking them up has no right to sell them to anyone. That must be done by the rightful owner.

Or the knowledgeable LenS.

 

[theGringo]

I would just add that if they (the firearms) were confiscated because your friend became subject to a 209A abuse prevention order, under M.G.L. c. 209A s. 3B, the firearms may be released only to an FFL - they cannot be released to you on an FA-10. Some departments don't know there is a distinction unique to 209A's, and try to require that they be released to an FFL in any circumstances.

Fortunately, this is not the case. He has a capable lawyer who is handling the paperwork. Looks like I can take them on an FA-10, and do the FFL transfer to NH.

 

[Len-2A Training]

I would just add that if they (the firearms) were confiscated because your friend became subject to a 209A abuse prevention order, under M.G.L. c. 209A s. 3B, the firearms may be released only to an FFL - they cannot be released to you on an FA-10. Some departments don't know there is a distinction unique to 209A's, and try to require that they be released to an FFL in any circumstances.

. . . and I contend that some know the difference but INTENTIONALLY make it as difficult as possible for the person to get their guns out of police "custody"!

When I teach my MA Gun Law Seminar (by and for Non-Lawyers), I make the point clear that in all cases (the 3 types of ROs and any suspension/revocation for any other reason) that one can expect the PD to act like the rules are all the same as a 209A confiscation . . . even though they are NOT the same rules/laws.

 

[theGringo]

. . . and I contend that some know the difference but INTENTIONALLY make it as difficult as possible for the person to get their guns out of police "custody"!

When I teach my MA Gun Law Seminar (by and for Non-Lawyers), I make the point clear that in all cases (the 3 types of ROs and any suspension/revocation for any other reason) that one can expect the PD to act like the rules are all the same as a 209A confiscation . . . even though they are NOT the same rules/laws.

Apparently, they have already suggested by their actions that some difficulty may be expected, not withstanding this: " Pursuant to G.L. c. 140, § 129D, “upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within ten days deliver such firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser” "

 

[Len-2A Training]

Apparently, they have already suggested by their actions that some difficulty may be expected, not withstanding this: " Pursuant to G.L. c. 140, § 129D, “upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within ten days deliver such firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser” "

Probably as many PDs IGNORE this law as abide by it! Sad, very sad.