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Statute Of Limitations For eFA10'ing A Completed Firearm?

Reptile said:
If that is the case I (ME) don't have to eFA10 a rifle that I just built up from a lower today or until the law changes???

That is pretty great because that mean I can create an off the books rifle without going the 80% route.
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Correct. If asked how you obtained it (not that you’re required to answer ahem 5th amendment) you could say you made it. End of discussion.
 
cstockwell said:
OP going to jail [rofl] Make the toughest guy your boyfriend Reptile. Then you only have to deal with 1 person being your new lover. Your model girlfriend may be upset but she will find love in the NES stud club.
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I'm already concerned about other members of the NES Stud Club trying to move in on my girl.

Some real perverts out there. Some are twice her age!
 
Reptile said:
NOW - is there a statute of limitations that would allow my friend not to get in trouble - if in fact he failed to eFA10?
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IANAL, but I can read.
The Statutes of Limitations on most crimes in Mass is 6 Years.
The Question then becomes is failing to record a transaction in the FA10 portal a Continuing Offense or an Instantaneous Offense.
My opinion is that it’s an instantaneous offense, because that’s what SCOTUS decided in Toussie v. United States, 397 U.S. 112 (1970).

Toussie failed to register for selective service in 1959 and was convicted of draft dodging in 1967.
SCOTUS overturned his conviction because the 5 year Statute of Limitations had run out.

I think your elderly friend would have a strong defense that the 6 years SOL had run out.
 
Youd have to double check but i know its 6 or less. It might be 5. (For paper gun crimes) That said ill put 2 things put there:

Regardless-
-trying to unring this bell is stupid
-fretting over mistakes you made years ago is stupid.

Either of these things will create more problems than the imaginary, fabricated ones that somebody is trying to solve.

I'll add a third one- if somebody is genuinely worried about any of this they need to talk to a competent firearms attorney (eg, like @nstassel or another competent attorney) and not just post about it on the internet.
 
drgrant said:
Youd have to double check but i know its 6 or less. It might be 5. (For paper gun crimes) That said ill put 2 things put there:

Regardless-
-trying to unring this bell is stupid
-fretting over mistakes you made years ago is stupid.

Either of these things will create more problems than the imaginary, fabricated ones that somebody is trying to solve.

I'll add a third one- if somebody is genuinely worried about any of this they need to talk to a competent firearms attorney (eg, like @nstassel or another competent attorney) and not just post about it on the internet.
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It's not me.

It's my old friend.
 
There's a translation/theory out there that (assuming you're required to efa-10 a PMF) if you've never kept it in a fully assembled state where it's able to fire a round, for more than 6 consecutive days, then it never has to be efa-10'd anyway.
And what if you had a number of frames/receivers and only one complete slide/upper that you rotated through them? To say, check function.
They can't all be complete at once...
 
Reptile said:
Exactly.

If my old friend assembled a Glock 5 years ago and never eFA10'ed it - should he be worried?

He's hoping since it happened long ago that he'll never have to in the future either.

He can't really use the internet.
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If only there was a way to disassemble a Glock.
 
wcorey said:
There's a translation/theory out there that (assuming you're required to efa-10 a PMF) if you've never kept it in a fully assembled state where it's able to fire a round, for more than 6 consecutive days, then it never has to be efa-10'd anyway.
And what if you had a number of frames/receivers and only one complete slide/upper that you rotated through them? To say, check function.
They can't all be complete at once...
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By that logic if you field strip it for even a second once a week then you keep on restarting the eFA10 clock. Seems like a significantly weaker argument than "a firearm you built or assembled from parts was not "obtained" per se".
 
namedpipes said:
View attachment 846625

I mean, how many times can everybody answer the questions.


Hey, at least five of you REALLY need to study up on MA gun laws. Is @Len-2A Training still doing that course? Look him up. Or somebody.
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Yes, I still teach the MA Gun Law Seminar on demand. Weebly blocked me from logging into my website because I refuse to give them my SSN and setup online payments. Therefore the website no longer gets updated. But if someone requests the seminar I will set it up with Londonderry F&G or I can be hired for a flat-fee to teach it at a gun club/org in MA or NH.
 
kalash said:
He was in the clear that same afternoon - it's on the seller to file the eFA10, not the buyer.
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Unless the transaction was out of state, you are correct. You buy a rifle from an FFL in NH, and bring it into MA, you’re responsible for EFA10ing it within the allowed timeframe.
 
Rob Boudrie said:
That is a non-answer.

If he failed to Efa10 it outside the statute of limitations, can he now be prosecuted?
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Good point. No. It’s outside the statute of limitations. Would the state try to prosecute anyway? Probably. Would it get thrown out? Probably.
 
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kalash said:
Two things don't make sense to me here
2) If you built out an AR lower, per your example, did you just "obtain" a firearm or no? I'm not sure if there's any case law that defines the word "obtain" as used in this law.
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if you choose to think of building a gun from scratch or assembling a frame as obtaining a firearm, then you are required. to list the seller. Who would that be?

And if obtained in the state it would be the sellers responsibility
 
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AMV said:
if you choose to think of building a gun from scratch or assembling a frame as obtaining a firearm, then you are required. to list the seller. Who would that be?

And if obtained in the state it would be the sellers responsibility
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I think you'd just leave that part (the seller) blank for a lower built up into a complete gun.
 
jkelly1229 said:
There most certainly is ask a Leo to run your plate
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It's "registration light", as there are legal ways to have a gun not in the state registry; the registry is imperfect; and you do not have an obligation to prove each gun you own is in the registry.

Compare this to the NFA registry, or the NY handgun registration (every handgun you possess as a non-dealer must be registered to you and listed on your pistol permit).
 
Rob Boudrie said:
It's "registration light", as there are legal ways to have a gun not in the state registry; the registry is imperfect; and you do not have an obligation to prove each gun you own is in the registry.

Compare this to the NFA registry, or the NY handgun registration (every handgun you possess as a non-dealer must be registered to you and listed on your pistol permit).
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All i know is a cop ran my plate and over a hundred guns showed up in my name l
 
Tartakovsky said:
If you personally built it, like from a stripped AR lower, or an 80% lower, or milled from a solid block of aluminum, MGL Chapter 140 S128B doesn’t apply.
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This is open for debate. I was told exactly the opposite from a well respected 2A attorney who is known on NES. I was told if you build a stripped lower you should eFA10 it.
 
AMV said:
if you choose to think of building a gun from scratch or assembling a frame as obtaining a firearm, then you are required. to list the seller. Who would that be?

And if obtained in the state it would be the sellers responsibility
Click to expand...

When you REGISTER* a firearm using EFA10 and there is no seller or serial number, write none.

* walking-duck.gif
 

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