What to do with found guns?

[djroot2]

Say a buddy of mine found 2 revolvers and a box of ammo hidden in the ceiling of his place that look like they've been there since the 40's. Assuming he doesn't have a LTC what is the law on this? Does he have a certain amount of time to get his LTC before it is an issue? Would he need to fill out an FA-10 to register them? Would it make sense for me, with a valid LTC, to hold on to them for him? Thanks.

 

[TayNinh_66]

To the best of my knowledge, they haven't invented anything that looks through walls, so as long as he doesn't threaten his wife, neighbors, kids, etc he's good.
I'd check value on GB before deciding what to do. If he decides he wants to own firearms, then he will need a license of some sort, and he might decide he wants something more modern.

 

[Tackdriver VillenTactical]

There is an old Mass law that requires any found property (or beast) with a value over $3 to be turned into the police. That being said, I'd have someone with a LTC take possession until he gets a license if he doesn't already have one and be done with it.

Dave

 

[joncaparso]

In on the Karma Giveaway

 

[higgsmuon]

found something ?

don't blieve in coincedence.

finding guns and amo .... well doesn't sound too right.

now your turn. want to spend few years behind bars or ... think about it....

 

[higgsmuon]

you also know that gun may be dirty, right.
It may have killed somebody 30 years ago.

 

[Racenet]

you also know that gun may be dirty, right.
It may have killed somebody 30 years ago.

Humm, do not think that is possible.

Maybe it was used to kill someone, but I know for a fact that it didn't kill someone.

 

[Nicole]

Humm, do not think that is possible.

Maybe it was used to kill someone, but I know for a fact that it didn't kill someone.

+1

 

[Len-2A Training]

There is an old Mass law that requires any found property (or beast) with a value over $3 to be turned into the police. That being said, I'd have someone with a LTC take possession until he gets a license if he doesn't already have one and be done with it.

Dave

Do you mean that the sheets of plywood I found after I bought my house were supposed to be turned over to the police?

 

[drgrant]

There is an old Mass law that requires any found property (or beast) with a value over $3 to be turned into the police. That being said, I'd have someone with a LTC take possession until he gets a license if he doesn't already have one and be done with it.

Dave

If the guy owns the house it isn't found property, he owns those guns, period end.

-Mike

 

[Kicker96FS]

Finders keepers. Tell him to get a lic.

 

[BenDover]

Your "friend" needs to be careful because the police will not believe the story about finding guns. The instant he discovered them he should have called the police and reported them. Now he is technically in possession of ammunition and firearms without a FID. There was a recent case (look around) where someone put ammunition in friends safe the friend was charged for not having an FID.

Your "friends" options:
1) STFU and get an LTC, register the gun thru an FFL (this is a handgun so an FFL is needed...pretty sure but someone will correct me if needed). Make sure the class of LTC will allow ownership of firearms in question.
2) Find a friend or someone with an LTC to bring them to an FFL and do a transfer (about $25 per gun).
3) Bring them to a police gun buyback event. A waste IMO but still an option.

Every second he is in possession of these guns he risks loosing his 2A rights and being charged as a criminal. Sadly, if he lived in VT or NH his option would be "Go out in the back yard and see if they shoot!".


I am not a lawyer...so my advice is worth exactly what you paid for it.

 

[Racenet]

Guns? What guns?

 

[Carnea]

Sadly, if he lived in VT or NH his option would be "Go out in the back yard and see if they shoot!".

This also applies for RI - you find it, you just keep it...no problems. It is interesting how many people just "find" a firearm in their house these days...

 

[bill o]

Your "friend" needs to be careful because the police will not believe the story about finding guns. The instant he discovered them he should have called the police and reported them. Now he is technically in possession of ammunition and firearms without a FID. There was a recent case (look around) where someone put ammunition in friends safe the friend was charged for not having an FID.
[/B]

I read an article on Reason.com recently about a landlord who found a big package of heroin while cleaning the apartment of a recently evicted tenant. Guess what happened to the landlord when he promptly reported it to the police.

 

[BenDover]

Scary isn't it?

I read an article on Reason.com recently about a landlord who found a big package of heroin while cleaning the apartment of a recently evicted tenant. Guess what happened to the landlord when he promptly reported it to the police.

 

[Kicker96FS]

I read an article on Reason.com recently about a landlord who found a big package of heroin while cleaning the apartment of a recently evicted tenant. Guess what happened to the landlord when he promptly reported it to the police.

My guess is that he didn't get a metal?

 

[bill o]

My guess is that he didn't get a metal?

Metal bracelets, sort of.

 

[hminsky]

Your "friend" needs to be careful because the police will not believe the story about finding guns. The instant he discovered them he should have called the police and reported them. Now he is technically in possession of ammunition and firearms without a FID. There was a recent case (look around) where someone put ammunition in friends safe the friend was charged for not having an FID.

Your "friends" options:
1) STFU and get an LTC, register the gun thru an FFL (this is a handgun so an FFL is needed...pretty sure but someone will correct me if needed). Make sure the class of LTC will allow ownership of firearms in question.
2) Find a friend or someone with an LTC to bring them to an FFL and do a transfer (about $25 per gun).
3) Bring them to a police gun buyback event. A waste IMO but still an option.

Every second he is in possession of these guns he risks loosing his 2A rights and being charged as a criminal. Sadly, if he lived in VT or NH his option would be "Go out in the back yard and see if they shoot!".


I am not a lawyer...so my advice is worth exactly what you paid for it.

If he got an LTC, the regulations say"Massachusetts General Law c. 140, §§128A and 128B, requires all individuals who sell, transfer, inherit, or lose a firearm to report the sale, transfer, inheritance, or loss of the firearms to the Department of Criminal Justice Information Services Firearms Records Bureau (FRB). This on-line system will allow you to report the sale, transfer, inheritance, or loss/theft data electronically to the FRB."

Does "finding it in your house" mean it's a transfer? From who?

 

[jasons]

Does "finding it in your house" mean it's a transfer? From who?

Technically it was an illegal sale when he bought the house and it's contents. Best to let sleeping dogs lie.

 

[deezwho]

what if the guns had been used in a crime? that might cause a problem one day?

 

[ArnoldDent]

First thing you do is, Dont tell any one you found them, Duooooooo

 

[Len-2A Training]

If the guy owns the house it isn't found property, he owns those guns, period end.

-Mike

Like Mike said!

Finding them in the house you OWN is a lot different than finding them under a bush out in the woods somewhere.

IANAL but personally I do NOT see a need to involve the police in the first case (assuming you have no reason to expect that some mob enforcer owned your house before you did), but I definitely would involve the police in the second case.

 

[Len-2A Training]

what if the guns had been used in a crime? that might cause a problem one day?

I guess that you don't realize that there is NO WAY legally for a dealer to verify that a gun sold (or put on consignment) by his shop wasn't used in a crime either!

And if you buy from an individual FTF, what guarantee do you have that it was never used in any crime?

If you are truly that paranoid, I suggest that you never buy anything other than a new gun from a gun shop and make sure to vet the dealer first.

Realize that if you turn any gun into the PD that you found in your house, I'd give you odds that 99% of the time you would never get it back if it was found to be "clean" and unclaimed.

The only caveat is that the person possessing it MUST have a proper LTC/FID for the given guns. Someone properly licensed can hold onto them until the owner gets their LTC.

 

[bostonasphalt2]

Your "friend" needs to be careful because the police will not believe the story about finding guns. The instant he discovered them he should have called the police and reported them. Now he is technically in possession of ammunition and firearms without a FID. There was a recent case (look around) where someone put ammunition in friends safe the friend was charged for not having an FID.

Your "friends" options:
1) STFU and get an LTC, register the gun thru an FFL (this is a handgun so an FFL is needed...pretty sure but someone will correct me if needed). Make sure the class of LTC will allow ownership of firearms in question.
2) Find a friend or someone with an LTC to bring them to an FFL and do a transfer (about $25 per gun).
3) Bring them to a police gun buyback event. A waste IMO but still an option.

Every second he is in possession of these guns he risks loosing his 2A rights and being charged as a criminal. Sadly, if he lived in VT or NH his option would be "Go out in the back yard and see if they shoot!".


I am not a lawyer...so my advice is worth exactly what you paid for it.

Register the gun trough an FFL? What on earth are you talking about??!? *sigh*

 

[MAGG]

im not sure how the OP is so adamant it was never used in a crime....but im more curious what kind of guns said friend found

 

[Rob Boudrie]

The property interest presents an interesting legal issue when a house is sold, and something the seller obviously did not intent to sell, and the buyer did not intend to buy, is found secreted in the walls (the cache of cash found in a house that was in the news a few years ago comes to mind). The answer is one of those clear as mud situations where there is plenty of room for lawyers to argue title.

 

[deezwho]

So does the guy file a fa-10? I thought the onus was on the person disposing of the gun (in this case whoever left it up there) ?

 

[Jose]

what if the guns had been used in a crime? that might cause a problem one day?

I'll take that risk.

OP, let me know who to send a signed copy of my FFL's license.

- - - Updated - - -

The property interest presents an interesting legal issue when a house is sold, and something the seller obviously did not intent to sell, and the buyer did not intend to buy, is found secreted in the walls (the cache of cash found in a house that was in the news a few years ago comes to mind). The answer is one of those clear as mud situations where there is plenty of room for lawyers to argue title.

None of that matters if the finder just shuts the **** up.

- - - Updated - - -

Finding them in the house you OWN is a lot different than finding them under a bush out in the woods somewhere.

I don't think so.

 

[Len-2A Training]

None of that matters if the finder just shuts the **** up.

- - - Updated - - -

I don't think so.

Agreed on the first point.

Jose, my point wasn't a legal one wrt in house vs. under a bush in the woods. It was that the likelihood that a gun hidden in a house was there because it was a crime gun is very small (most likely had kids and hid it away and forgot about it), whereas one hidden in the woods may more likely have been used for illegal purposes (and especially depends on the neighborhood).