Firearm transfer problem

[chuck9899]

Ok my grandfather passed away a few years ago. i recently turned 21 and applied for my LTC A ALP should be coming in about 3 more weeks. The police who handled it said there was no problems and should go through smoothly. my grandfather died with 3 hand guns and 3 rifles. he had more but one of my uncles took a 30-30 and a 9mm and such but he lives in NY. my grandmother wants me to take the rest out of her house because my cousins are at that age were they snoop around and even tho there locked in a safe shes still scared. you know grandmothers. but she does not have a LTC or anything. how would i go about legally getting them. i know she shouldn't legally possess them but why back when it wasnt a prority.

one of my ideas is that my grandmother gives them to my cousin who lives in NH then when he moves down here he gives them to me. or is that against that 4 thing rule. or can i just get the form and say i but them out of state from a private person and be done with it.

 

[Rob Boudrie]

A reasonable approach would be to meet your grandmother and take the part of the guns which you may legally can. In the case of semi-automatics, take the slide and bbl; revolvers, take the cylinder (find a gun person who knows the correct way to remove it); in the case of riles of shotguns remove the bolt or another part without which the gun cannot fire.

 

[wchandler]

Call Northeast Trading in North Attleboro. I heard him dealing with a simlar problem a while back. Definitely get professional advice, but I think you can get FA-10's and just check the register box on the top of the form. Fill them out and send it in. There is no register limit. Or I think the gun shop may take them in and then transfer to you. Of course you would have to wait the three weeks until LTC comes.

Your cousin plan would work as well but then you would be limited to the 4 transfer limit. Unless you use a FFL to trasnfer.

 

[Rob Boudrie]

It sounded like the poster needed an immediate solution, hence my two-phase approach.

 

[Len-2A Training]

Legally speaking she only had 6 months to either get rid of them on FA-10s or get her LTC.

Since so much time has elapsed, the only legal option is to use a MA FFL for the transfers. If there is no proof of the handguns being "in state on 10/21/98", the FFL is prohibited by law from doing the transfer to a MA resident and can only sell them to a out-of-state buyer (non-MA FFL).

Sorry for the bad news.

 

[Len-2A Training]

Note: We're assuming that Grandma lives in MA.

If not, Fed Law may (check, I really don't know) allow more time for a person to dispose of an inheritance (to other states).

e.g. If Grandma lives in NH and so does the Cousin, no paperwork is required for the private transfer. If at some time said Cousin moves to MA, he/she could then do 4 FA-10s/calendar year to you with no FFL involved.

NO private transfers across state lines (other than limited inheritance circumstances), as that would be a Fed Felony.

 

[chuck9899]

she does not live in NH she lives 2 streets down from me. but the thing on the handguns tho is that they are not banned i dont think. there are 2 .22 one revolver and one a luger and the other a old .32 that my grandmothers father owned. so i dont know if that matters. i was thinking that my cousin could just apply for his LTC and say he brought them with him from NH and just REG them and get it over and done with but who knows.

but to prove that there were here any way to get my grandfathers list of reg. guns. or something similiar.

 

[Len-2A Training]

See what I wrote above and an Advanced Search here will turn up more info on the Fed and state laws/regs.

NO handguns can be transfered by any MA Dealer unless:

- the handgun can be proven to have been IN MA on 10/21/98, or
- the handgun is on the EOPS Approved Handgun List.

Since all state records were destroyed as follows:

- All private transactions prior to 1998 (the old "blue cards"), and
- All MA Dealer transactions prior to 1986,

It is very difficult to prove provenance for guns that folks had in their possession for many years.

Some ways to prove it:

- owner still has the old tissuepaper FA-10s from ages ago (and assuming it is still readable), or
- capture papers transferring war relics to a MA resident (issued by US Military), or
- "perhaps" notarized statement by owner. NOTE: This is unlikely to be accepted by many dealers, but you might just find someone who will accept it.

Skirting the law:

- you might get away with it, or you might get caught!
- if you get caught and they decide to prosecute, you could face 5 yr Fed Felony and/or similar penalties at the state level.

Do what you feel is right, as long as you are well armed with the facts and laws and fully understand the consequences of such action.

 

[Ripach]

If it was me I would consult with a Lawyer before doing anything, there are a few on this site who are shooters and know the gun laws of this F'd up state. They may/may not be able to show you other ways to accomplish what you need to do. I know Cross-x and Scrivener are lawyers maybe try sending either or both a PM, it can't hurt.

Also find out when your Great grandfathers .32 was made (A simple google usually accomplishes this) IAMNAL but if it is pre 1890s I believe it is not a firearm and not subject to transfer/registration laws.