Gun Confiscation Due to OUI in MA

appraiser said:
If the police department takes the guns you will never get them back by law they have to go to a bonded Warehouse they are not going to willingly give them back to you without a huge fee.
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This is not true. The cops MAY turn them over to a bonded warehouse, but they're not required to. I was involved in a similar case where the cops held on to the guns for over a year before making any sort of fuss about it, then were perfectly happy to work with an FFL to transfer them to me.

M1911 said:
Because they don't belong to the OP. They belong to the fellow who no longer has an LTC.
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Are you sure? Are you absolutely sure that the guy didn't give or sell them to the OP nine years ago? The state's records of FA-10s are notoriously inaccurate or missing, and the statute of limitations has long expired for "failure to report the transaction"
 
Rob Boudrie said:
5. As a side note, if someone expects to lose their LTC and gun rights, they should not just "hand you the guns" but transfer 4 on an E-FA10, and the remainder through a MA licensed dealer. They would then be legally yours, and you would have the paperwork to support it.
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Personal experience: The PD will not care and demand the firearms anyway, and will threaten obstruction.

I literally had firearms confiscated and presented the eFA10s first, they are less useful than toilet paper.
 
milktree said:
Are you sure? Are you absolutely sure that the guy didn't give or sell them to the OP nine years ago? The state's records of FA-10s are notoriously inaccurate or missing, and the statute of limitations has long expired for "failure to report the transaction"
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This is not a situation where you want to play games with the police. If you start lying to the police you can end up in a world of hurt. It isn’t worth potential criminal charges to try to stop the police from confiscating someone else’s guns — it’s just not.
 
Drix said:
Personal experience: The PD will not care and demand the firearms anyway, and will threaten obstruction.

I literally had firearms confiscated and presented the eFA10s first, they are less useful than toilet paper.
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Follow procedure, fight later.

I wonder how far back the lookback goes. If I bought a firearms from someone on an FA-10 or eFA-10 years ago and they get a confiscation will they come at me to get them if I bought them a week ago? A year ago? Ten years ago?
 
Same (ish) situation happened in southern NH. A bogus protection order was taken out on a gun owner husband by a wife going through a nasty divorce. The gun owner brought his toys to a local dealer (before the writ of protection was issued) and legally transferred them to the FFL. They were on his book when the local PD demanded he turn them over. The FFL's lawyer said to comply with the PD. I still don't believe that was the correct course of action.
 
Pitanh said:
Same (ish) situation happened in southern NH. A bogus protection order was taken out on a gun owner husband by a wife going through a nasty divorce. The gun owner brought his toys to a local dealer (before the writ of protection was issued) and legally transferred them to the FFL. They were on his book when the local PD demanded he turn them over. The FFL's lawyer said to comply with the PD. I still don't believe that was the correct course of action.
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Need a better lawyer.
 
Rob Boudrie said:
That is the legal way for the process to work. They do not need to use a LGS but, if they are willing to get you the guns that way, go for it.


The use of a MA licensed dealer is only required when the guns were confiscated due to a 209A, otherwise, the police can transfer them to an LTC/FID holder (depending on gun type) without use of the intermediary.
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I spoke with an attorney. I'll proceed as planned and will turn in the 2 guns this evening. I'll have my friend tag along so he can confirm that he would like the guns transferred to me. I'll ask if the PD can do the transfer. If not I'll ask about going the FFL route.

The guns in question are not subject to any ban so the transfer should not be an issue.
 
JD_Driver said:
A question for the knowledgeable folks here. I did a quick search and couldn't find what I was looking for.

1st the story:
A good friend of mine asked me to store his firearms. His wife wanted them out of the house yada yada yada... I've had them in my possession for probably close to 10 years now. We both live in MA but not in the same town.

Recently he was found guilty of an OUI. Yesterday, the cops come knocking on his door to collect his LTC. He wasn't home, but headed to the station after he got home from work. He surrendered his LTC and they asked him for his guns. At which point he told them I had them.

I was on my way to an awards banquet when I got a call from the PD asking if I had the firearms and if I could bring them down and turn them in. I told them I could but I would have to make arrangements to do so. At which time the officer became very pushy about when that would happen. I didn't know at that moment and said as much. Since I was driving at the time I excused myself, said I would call them back when it was convenient for me and ended the call.

While at the banquet I got another call from the PD, which I ignored. A few minutes later I got a call from my friend which I answered. We talked about the situation. He was still at the station and long story short I agreed to bring the guns in this evening.

About this same time I get a text from my Daughter who is at home. The local PD had showed up at our door asking about my friends guns. She said that she knew nothing about the situation and they left.

My question is about getting the guns transferred to me. The PD said they needed to take possession prior to getting them transferred but would support having them transferred to me. I know I'll need an FFL to do the transfer because my friend no longer has his LTC. Can someone explain how a transfer from the PD through an FFL would work? I want to figure out the basic logistics. Its over an hours drive to my friends PD and I'd like to get this done in as few trips as possible.

Thanks
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lawyer up. I do not think you have to turn in guns that were LOANED TO YOU.
 
I was in NC when my BIL sent all of his firearms down to my from MA due to DUI charge. It took a couple years, but he was acquitted.
Would have interesting to see what would have happened had he not been acquitted. Maybe I would have taken that schweet Sig716 to the range. Ha!
Of course, I would have sent him a check for the value of all the items I was keeping safe from MASP hands. the Sig alone was almost $2K.
Once the case closed and he got his permit back, everything was shipped by via an FFL in MA.
 
EJFudd said:
Yep, starting with why a "friend" has had to hold onto all his guns for 10 years. 🤔

Correct. Sure sounds like there is more to this story than meets the eye. 🧐
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This sh*t happens.

A guy, I was his best man, got married and let his LTC expire. He transferred all his guns to his dad. His wedding was 7 years ago and still no LTC. The dude became a total b*tch, his balls are so deep in her purse he can't find them.

If his dad wasn't around, the second option was giving me the guns.

So, it happens.
 
Rob Boudrie said:
The use of a MA licensed dealer is only required when the guns were confiscated due to a 209A, otherwise, the police can transfer them to an LTC/FID holder (depending on gun type) without use of the intermediary.
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Are you saying I don't need to pay for a transfer at the local FFL, the PoPo can do it for me?

This is awesome.








































Also, I am not serious.
 
Rockrivr1 said:
I don't know. MA gun laws only say the serialized part is the firearm. You're giving them the firearm part. Though I'd probably bring my lawyer with me on that one.
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Depends on the PD though. They have you by the balls, so no need to press your luck over a M&P9 slide or something; a highend upper and glass on the other hand…
 

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