Transferring handguns out of state

[agile_1]

Because of rapidly declining health I am in the unfortunate position of having to sell some handguns and have a couple questions that I was hoping NES's collective brainpower and knowledge could answer.

First off, my understanding is that I am limited to four direct/personal sales per year in MA and need to complete the FA-10 for each sale. What if I transfer a gun to someone out of state? I know it needs to go from FFL to FFL but does that transaction count as one of my four per year limit? And is the FA-10 required for out of state sales/transfers?

Second - all my family lives out of state (NY) and when I die I want them to have the guns I have not sold. Should I arrange all the transfers before hand, or can a family member with a NY permit initiate the transfers after I am gone?

I don't want my family to go through the hassle of having to get a MA non-resident license to transfer the guns.

Thanks for any help you all can provide.

 

[piman]

The FA10 isn't required when it goes thru a FFL. Since it is going out of state your LGS/FFL should have no problem taking in (almost) any gun. I say almost because I'm reasonably sure that AWB still applies. You don't need to go thru a local FFL but it might just be the cleanest/easiest way.

Don't know about your second question.

Take care.

Sent from my Nexus 5 using Tapatalk

 

[Cabinetman]

I'm NOT an expert in MA regs but I did stay at a Quality Inn last night so allow me to offer an opinion.

First of all, I believe that the laws restricting your handgun sales to 4 per year is to keep you from becoming a dealer or buying and selling for a profit. In your particular case, you are deseminating your collection to others and, obviously, if you have more than four handguns you'll need to exceed that established limit. I don't believe there will be an issue in that regard and you might want to work with an FFL in your area to help you if you're concerned.

Second, moving what remains to NY you've got a few issues. First, I'd make a list and attach it to your will indicating that some items might be sold ahead of time. Then I would designate someone to act on your behalf to be sure that your wishes are followed to the letter when the time comes. He/she will work with an FFL locally to accept the handguns and send them to a reciprocal FFL in the town where your relatives live and they will make the transfer for them. It's all pretty straight forward I believe. You should, however, clear it with the recipient in NY that this would happen and make double sure that the handguns going there are legal for them to take possession of. You don't want to send them something that NY would not allow.

You are being very prudent to think about this now. My close friends in this hobby and I have all essentially worked out a plan should one of us die so that our wives and families won't be burdened with having to 'dispose' of our hardware. At least we know that each of us would be acting in the best interest of the others and that nothing will go astray or missing.

Hope this helps and it's sad to hear that you've had to even consider this.

Rome

 

[jtnf]

First, props for doing the responsible thing.

ABSOLUTELY document your collection in a real Last Will & Testament and explicitly name those who will inherit your collection. You CAN generically name one or more assignees... That is, "All my handguns go to my nephew <name>" so you do not have to enumerate model/serial number OR document what remains unsold.


Federal law has specific provision for bequeathment of firearms, where the executor (who does not need to even have gun permits/licenses) can DIRECTLY transfer assigned firearms, even for handguns, even across state lines. (No FFL transfer required.)
Local laws with regard to assault weapons bans etc may still apply, so something that meets the definition in NY may need to go to a gunsmith for remediation. And, since its' NY, the SAFE act registration requirements will probably kick in when your family receives any handguns.

 

[Len-2A Training]

Sorry to read about your situation.

First off, read the lengthy Inheritance Sticky in MA Gun Law sub-forum. Most of the info you need is there.

- Transfers that go thru dealers do NOT count towards the 4/calendar year.
- FA-10s can be done on the transfers thru dealers but isn't essential in your particular case.
- I've been told that it may not be a good idea to mention anything about guns in your will but to create a separate Notarized document to deal with that. A few reasons:

1. A will is a public document, anyone can get a copy from the courthouse it was filed at.
2. In some cases a probate judge may demand that written appraisals of all guns and equipment be obtained (unneeded expense to the estate) prior to disposition. In one case I was told about this tripped over the limit for total estate valuation causing estate taxes to kick in.

- MGL and Fed Law allow an executor/executrix to transfer the guns across state lines WITHOUT any FFLs involved or even having a LTC. One would have to research NY law to see if this is allowed there under inheritance.
- As pointed out, those to inherit the guns must be legally capable of possessing them (in NY in this case) which means that they have to comply with all the ridiculous laws NY put into place recently.
- There is no need to list the guns/gear. A generic statement in a will/Notarized letter will do the trick, unless you want a specific item to go to a specific person.

 

[agile_1]

Thanks for the great info guys.

I will ask my brother who stands to inherit the guns to investigate NYS regs regarding inheritance. Good to know the executor does NOT need a license or ffl. That is one bit of good news.

BTW - they are all pistols legal in NYS - only issue may be 10 round magazines. Nothing of great value so I am not sure probate judge would even bother trying to get them added to estate value.