Transfer Question

[Tater]

I tried searching but could not find a definate answer. Hypotheticly, my father has a shotgun in his home that has been fired 5 times. He used to have ha FID card but has since let it expire (about 30 years ago) Can I still get it transfered to me via form FA10 or do I need to go through a FFL. I am unsure if him not having any type of liscence will be an issue.

Thanks in advance for any help.

 

[vellnueve]

You need to take it to an FFL to do the transfer. And YOU, or someone licensed, needs to take it there. He can't.

 

[jdubois]

Vellnueve is right. MGL Chapter 140, Section 128a spells out that anyone who is not a licensed dealer and does not have an FID or LTC can only transfer a firearm, rifle, or shotgun to a dealer (or a museum).

 

[SJan]

Vellnueve is right. MGL Chapter 140, Section 128a spells out that anyone who is not a licensed dealer and does not have an FID or LTC can only transfer a firearm, rifle, or shotgun to a dealer (or a museum).

Does the firearm have to go to the dealer, as in into their inventory to sell as they please, or can that firearm be transferred right to somebody else by the FFL.

 

[jar]

The dealer should just transfer it directly to you. If the gun is older than 50 years, getting your own C&R FFL may allow you to avoid using a dealer. I'm not sure of the legality of that though.

 

[Scrivener]

If the gun is older than 50 years, getting your own C&R FFL may allow you to avoid using a dealer. I'm not sure of the legality of that though.

NO, it won't. The TRANSFEROR also has to be licensed (or the executor of the estate).

As was stated in posts # 2 and 3. Grasp the concept.

 

[szaino]

But it has only "been fired 5 times" ?

 

[jar]

NO, it won't. The TRANSFEROR also has to be licensed (or the executor of the estate).

As was stated in posts # 2 and 3. Grasp the concept.

My fault for not reading the law itself. The law says federally licensed dealer and not Federal Firearms Licensee. Post #2 says FFL, when it should actually say FFL dealer.

FFL is commonly understood to mean dealer, but it doesn't always.

In the future I shall avoid venturing opinions without reading the laws for myself. I'll take it as a forum badge of honor to be chastised for my indiscretion by the almighty Scrivener.

 

[jdubois]

FFL is commonly understood to mean dealer, but it doesn't always.

Yes, when people say FFL they usually mean 01 FFL, but I agree it's ambiguous. I tend to either say 'FFL dealer' if I'm talking about Federal laws, or 'MA dealer' if I'm talking about MA laws, since even though the overlap is probably near 100%, an FFL dealer and a MGL c140 s122 dealer are not the same thing!

 

[Chris]

Just a point...

FIDs were issued for a 'lifetime' before 1998. So, there was no way it could have expired "about 30 years ago". It would have expired 8-10 years ago.

Besides, didn't your dad loan that to you before his FID expired? (^_^)