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Thread: Penalties for not filing an FA10

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  1. #11
    Moderator jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois's Avatar
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    Quote Originally Posted by RFWAVELENGTH View Post
    I am not advocating breaking any law
    Yes, you are. Please don't do that here.
    (Ob. IANAL)

    "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms, as the blackest." -- Mahatma Gandhi

  2. #12

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    Excuse me, but I seem to have missed the part where he actually advocating any law. I saw a reasonably accurate assessment of the pros and cons of following the law, but no recommendation as to what anyone should do. That sort of thing happens all the time here. Saying, for example, that there's no way to prove that a particular large cap magazine is pre or post ban so don't worry about it isn't advocating violating the law. Neither is pointing out the disadvantages of having filed an FA10 on a firearm advocating that one not file when required.

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  3. #13
    Registered User RFWAVELENGTH is a marksman RFWAVELENGTH is a marksman
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    Quote Originally Posted by jdubois View Post
    Yes, you are. Please don't do that here.
    Open your eyes and read the post before you spout off. I specified that I did not advocate breaking any law. You don't even have to file an FA10 if you buy the rifle/shotgun out of state and keep it out of state. A friend who hunts does just that. He is a MA resident but his hunting rifle stays in his vacation home in ME.
    Last edited by RFWAVELENGTH; 11-03-2009 at 12:50 PM.

  4. #14
    Moderator jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois State Champion jdubois's Avatar
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    Quote Originally Posted by KMaurer View Post
    Excuse me, but I seem to have missed the part where he actually advocating any law.
    Here:

    Quote Originally Posted by RFWAVELENGTH
    You must remember that if you choose to use FA10s, especially on out-of-state purchases [...]
    It is not a choice, it is a legal requirement. Suggesting that usage of FA-10s is optional is advocating breaking the law.

    Quote Originally Posted by RFWAVELENGTH
    You don't even have to file an FA10 if you buy the rifle/shotgun out of state and keep it out of state.
    Quite right, and indeed you shouldn't file an FA-10 in that situation.
    (Ob. IANAL)

    "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms, as the blackest." -- Mahatma Gandhi

  5. #15

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    Is there a statute of limitations on failing to file the FA-10?

    Say Uncle Marty gave you the shotgun 10+ years ago and you were supposed to do it THEN?
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  6. #16
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    Quote Originally Posted by namedpipes View Post
    Is there a statute of limitations on failing to file the FA-10?
    Generally, it will be 6 years (C. 277 § 63).
    (Ob. IANAL)

    "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms, as the blackest." -- Mahatma Gandhi

  7. #17
    Registered User RFWAVELENGTH is a marksman RFWAVELENGTH is a marksman
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    Quote Originally Posted by jdubois View Post
    Here:



    It is not a choice, it is a legal requirement. Suggesting that usage of FA-10s is optional is advocating breaking the law.



    Quite right, and indeed you shouldn't file an FA-10 in that situation.
    I did not suggest that the use of FA10s are optional. I do advocate not keeping all of one's eggs in one basket, though. Many MA residents keep guns out of state. My boss lives in NH and he does the same thing. He keeps a hunting rifle at his sister's place in upstate NY. Other MA residents do the same thing to avoid the hassles of transporting them around. If you purchase a rifle/shotgun in NH or another state and keep it there, you will not have to worry about confiscation when the local PD shows up at the door with a "not suitable" letter from the CLEO or, worse yet, a 209A RO. If you want the government to have a complete list of everything that you own and to keep the whole collection in your residence, by all means do so. If you find yourself on the receiving end of a confiscation action, you will lose them all in one fell swoop. I am sure that the Dowd extortion warehouse will be happy to store them for you.

  8. #18
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    Quote Originally Posted by RFWAVELENGTH View Post
    do advocate not keeping all of one's eggs in one basket, though. Many MA residents keep guns out of state.
    I apologize for the accusation, what you were suggesting was not clear.
    (Ob. IANAL)

    "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms, as the blackest." -- Mahatma Gandhi

  9. #19
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    Quote Originally Posted by RFWAVELENGTH View Post
    or, worse yet, a 209A RO
    It should be noted that even constructively possessing a gun while under a 209A order would be a federal felony via the lautenberg amendment. So while you may stop confiscation, you can't touch that gun or constructively possess it while the order is in effect. So that shotgun that's at your bother's cabin in maine or wherever, he would have to lock it up in a container that you cannot access when you come to visit, for you to stay legal, because people with DV RO's are prohibited persons as long as the RO is active.

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  10. #20
    Registered User RFWAVELENGTH is a marksman RFWAVELENGTH is a marksman
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    Quote Originally Posted by jdubois View Post
    I apologize for the accusation, what you were suggesting was not clear.
    Apology accepted. I should have been much more specific and/or cited actual examples of what I meant in my first post.

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