Statute Of Limitations For eFA10'ing A Completed Firearm?

Marty McFly said:
@Reptile Will you seriously consider a youtube channel with a live weekly call in? You're the best man for it.
Click to expand...
Omg... yes 1145 pm saturday... random nes people calling in to chat with reptile

getyarn.io

Hey, what's happening? This is Leon Phelps. You got The Ladies Man.

The Ladies Man (2000) clip with quote Hey, what's happening? This is Leon Phelps. You got The Ladies Man. Yarn is the best search for video clips by quote. Find the exact moment in a TV show, movie, or music video you want to share. Easily move forward or backward to get to the...
getyarn.io getyarn.io
 
Reptile said:
Asking for a friend...
Click to expand...

You have seven days from the time the firearm is capable of firing a shot, to file the EFA10. When you bought the components is irrelevant.

In my personal view, the firearm is not capable of a shot until test fired after assembly, though I have no idea if that theory would hold in court.

If you FAIL to file the EFA10 within 7 days, you have violated the law. Look up the MGL numbers and read the text for gory details, if you're a maso.

I have read cites on past threads that there is a statute of limitations on your failure to file but don't remember the period.

Assuming you had and still have an LTC you, I mean your friend, should be fine legally assuming the limit is less than those 6 years.

You gotta look it up.
 
@Reptile are you thinking of the banter on gun forums where there is a statute of limitations when you a rifle was purchased out of state and brought back to their home of residence in MA to register it?
 
namedpipes said:
You have seven days from the time the firearm is capable of firing a shot, to file the EFA10. When you bought the components is irrelevant.

In my personal view, the firearm is not capable of a shot until test fired after assembly, though I have no idea if that theory would hold in court.

If you FAIL to file the EFA10 within 7 days, you have violated the law. Look up the MGL numbers and read the text for gory details, if you're a maso.

I have read cites on past threads that there is a statute of limitations on your failure to file but don't remember the period.

Assuming you had and still have an LTC you, I mean your friend, should be fine legally assuming the limit is less than those 6 years.

You gotta look it up.
Click to expand...
[rofl]

In @King's link I asked the same question 15 years ago.

6 years according to old timer @jdubois
 
slap shot said:
I think you mean grace period.

No
Click to expand...
In this thread we have conflated two different time allowances. Hey, it's what we do [laugh]

The grace period is the time limit to legally do something and be in compliance with the law/reg.

The statute of limitations is the time period in which you can be prosecuted for NOT doing the 'act' that you were supposed to in the 'grace period'.
 
Matt_SERE said:
@Reptile are you thinking of the banter on gun forums where there is a statute of limitations when you a rifle was purchased out of state and brought back to their home of residence in MA to register it?
Click to expand...
No. Not thinking that.
Matt_SERE said:
In this thread we have conflated two different time allowances. Hey, it's what we do [laugh]

The grace period is the time limit to legally do something and be in compliance with the law/reg.

The statute of limitations is the time period in which you can be prosecuted for NOT doing the 'act' that you were supposed to in the 'grace period'.
Click to expand...
Yes, the law may have been violated by not eFA10'ing.

NOW - is there a statute of limitations that would allow my friend not to get in trouble - if in fact he failed to eFA10?
 
Reptile said:
No. Not thinking that.

Yes, the law may have been violated by not eFA10'ing.

NOW - is there a statute of limitations that would allow my friend not to get in trouble - if in fact he failed to eFA10?
Click to expand...
Is he looking to sell? Or just hold? Why would it become a thing? And why wouldn't you just do them online for him and call it a day?
 
What does it matter when the parts were purchased? You can put any date of completion. Just because the parts were purchased some time in the past dosent mean the firearm was completed at that time. You can put the completion date any time you want to put the completion date. Example I have a Lonewolf Timber Wolf frame I purchased on let's say 10/15/2022 there is no EFA10 on frames so no firearm recorded. Then i purchase a Glock 23 compensated slide on 1/3/2023. I then purchased the slide parts on 1/21/2023 and the barrel on 2/4/2023 now I can say I assembled the parts into a firearm at any date I want. If I want to record the completion of this firearm on 2/2/2024 and put it into the EFA10 system who's to know.
Just put the firearm into the system no one really knows when the finished build was completed.
 
Last edited:
[
Matt_SERE said:
Wanna bet? :mad:
Also, @King 's post/link is a good thread on the "banter" I mentioned.
Click to expand...
In essence you can consider it “registered” as you’ve given the state all the identifying info regarding the firearm. In the law as written it is solely a “transaction”. Nothing in the law speaks of home built firearms or 80% or even 76% and nothing says anything about registration. Ch 277 section 63 states 6 years “for any other crime” which would cover this. There has never been a case in this state afaik where a clean resident with an ltc was prosecuted for not filing an eFA10. It just wouldn’t happen unless one was a pp or erpo’d.


This new gun grab when signed by the guv will change that status of home built and 80% firearms as well as serialization.
 
King said:
Penalties for not filing an FA10

Some laws are mentioned in this older thread
Click to expand...
Hey Maura,

You’re referencing MGL Chapter 140 S128B which speaks to recording the transaction/acquisition of complete firearms or serialized “receivers”, whether purchased or acquired by other means (“Crazy Uncle Joe gave it to me before he moved to Arizona”). There is no requirement to record or register a firearm you personally built either from scratch (no serial required unless you intend to sell) or from a stripped lower. I’ll eat my socks if you can prove otherwise. An AR lower for example does not meet the federal definition of a receiver. Building a firearm capable of firing from a stripped lower doesn’t meet the requirement of MGL Chapter 140 S128B.
 
Last edited:
TLB said:
My take is that is up to the state to prove that you didn't file an FA-10, not the other way around. Their database sucks and there is no record keeping requirement for gun owners so good luck to them.
Click to expand...
Exactly, the database says I have a shotgun of a brand I’ve literally never even held. There’s no requirement to save the paperwork and I’m pretty sure doing it online it literally says something like “print this transaction page it disappears after you close this window and can’t be retrieved”. Well I don’t bring my printer to Lowe’s parking lots and the MGL doesn’t say I need to.
 

Similar threads

MA Residents- EFA10’s are a registry.
2
Replies
35
Views
2K
CrackPot
CrackPot
you got a pet firearm?
Replies
12
Views
562
pinefd
pinefd
Framingham Man Sentenced to Seven Years in Prison for Illegally Possessing Firearm in Furtherance of Drug Trafficking
Replies
23
Views
543
drgrant
drgrant
Joe Biden: “I Used Teach the Second Amendment in Law School… There Are Limitations… You Couldn’t Own a Cannon!” (VIDEO)
Replies
22
Views
503
REM870
REM870
April Firearm Giveaway Karma
Replies
4
Views
362
Steve600
Steve600
Back
Top Bottom