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question answered
- Thread starter Klal
- Start date
Did you really inherit them? Was there a will and you were named as the recipient of the firearms?
grizquad
NES Member
Definitely get a C&R license through ATF, very easy and cheap. Does take a few months then like Brimac said as long as they are 50 years old all you have to do is acquire them through your c&R and do EFA-10. Good luck.
SalemCat
Banned
Not legally, Federal Law violation.
SalemCat
Banned
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- Apr 24, 2005
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It is also possible to "inherit" without the guns being mentioned specifically. For example, a clause like "my personal possessions are to be divided equally among my grandchildren" would still mean you "inherited" the gun even though the executor would be "letting you have it" rather than distributing it as a named item. The problem arises if there is nothing in the will that could be construed as letting you "inherit" the gun.
And no, transfer by intestate succession does not mean someone dies without their gonads.
Problem is that doing this is a Federal offense and could lead to a Federal prison sentence. Also realize that anything posted here is swallowed by Google and others for eternity and even if deleted, it is still in those archives ripe for the <LE> picking.
SalemCat
Banned
Can't a MA Non-C&R LTC purchase non-roster Handguns Registered in MA prior to 1998 ?
Or does the fact they were in NH at time of death screw things up ?
I thought being registered in MA prior to 1998 simplified things considerably ?
I think the reason Len is calling foul is that the firearms can't be brought into the state without either the inheritance or them being transferred through an FFL. Going to NH and bringing the guns back is a no no.
SalemCat
Banned
Gun Laws make SO much sense,
I just so happen to have a C&R and would be willing to help facilitate your acquisition. Or...buy them?
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Smuggle them the only place the DA's office won't find them......
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Smuggle them the only place the DA's office won't find them......
Exactly.
One would need written proof that the guns were in MA on/prior to 10/21/1998 to satisfy the MA FFL that making the transfer is legal (that the guns are indeed "grandfathered"). Most people never keep their documentation so proof is difficult or impossible.
Doing so is a violation of the terms of a C&R FFL and may well be a Federal crime (acting as a dealer) as well (unsure, not going to bother checking). C&Rs can only buy guns for themselves, not with the INTENT of giving/selling to others.
Everything posted on NES is gobbled into Google's servers within minutes, so deleting posts/threads is useless. If someone wants to prosecute the evidence is there for an eternity.
Legal ONLY if the guns are >50 yrs old. That hasn't been established yet.
SalemCat
Banned
Well put.
The OP has never answered that.
Not C&R ? SELL THEM in NH.
Take the cash and get over it.
SalemCat
Banned
Good News !
On a related note, C&R and Antique work differently. C&R's are 50 years old, so each year more weapons are added.
Antiques are 1898 and before. Been that way for decades.
There actually was a BILL introduced a year (or so) ago, that would have eliminated the 1898 Antique date, and substituted 100 years old instead. Sadly it went nowhere.
Oddly enough, there are some S&W Revolvers that were sold right into the twenties, that are still legal Antiques. Because the Frames were manufactured in a large lot prior to 1899. These particular handguns were, apparently, not hot sellers.
the_shootist
Banned
Old Colt pistols???? If there are no pictures it didn't happen ![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
If you have pre 98 dox some dealers may accept this as an exemption. Think old school not major dealers.... not going to drop anything else here, this problem is easy to fix, frankly... even having this thread overcomplicates things.
slugworth
NES Member
Yup....
There is no "list" of guns legal to own in MA. The only list that exists is a list of what is legal for an FFL to sell in MA. As long as it does not break the assault weapons ban regulations you can own it.
FIFY
Show me where in MGL is says "sell"? That section of law states "transfers" not sales so no matter if money is involved or not, inheritance, etc. if a MA Dealer touches it, it MUST comply with the EOPS List or be provable to be grandfathered. Each dealer makes their own decision wrt what they accept or not as proof as it is there neck on the line (felony) if they get caught and are wrong.
What federal law is being broken???? in fact although I am not a lawyer Federal Law allows for interstate transfer of firearms in the case of "intestate succession". You need to talk to a lawyer but if the guns were not covered in the will and the executor is willing to give them to you then you may be covered by federal law and since no FFL "transfer" is involved I have no idea what section of MA Law prohibits you from owning them.
18 US Code § 922 - Unlawful Acts - a(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
