Gun Confiscation Due to OUI in MA

EJFudd said:
Oh for God's Sake! We are talking about just 2 guns here? 😳 And members want you to hire a law firm to fight the police on this? 😳

Sorry, but I got the impression we were talking about a decent-sized gun collection here. Holy crap! My bad. Carry on with the thread... :rolleyes:

EDIT: Were the guns at least valuable guns? 🤔
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1. No one ever said hire a lawfirm to fight the PD.

What people recommended was the correct way of doing it, to consult an attorney.

2. OP waited too long to say it was only 2 guns. But this is NES, getting details in the OP is never a priority. Although the OP did better than 95% of people.

3. The number of guns doesn't matter. 1, 3 or 15. THe process is the pprocess and an attorney can advice. It won't cost $20K. This is simple advice that an attorney wont charge a lot for. I guess if you want the attorney to be with you at the PD then it gets expensive, now you are paying for several hours and travel.
 
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Just because one cop says you can pick up the guns doesn't mean you really can. I've been through this. The police took all my buddy's guns because his ex wife made a claim against him. All his guns went to a bonded warehouse and even though the claim was proven to be false, he never saw his guns again.
 
JD_Driver said:
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.
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Holy crap. 2 guns??
Not the hill to die on.
 
gerrycaruso said:
Just because one cop says you can pick up the guns doesn't mean you really can. I've been through this. The police took all my buddy's guns because his ex wife made a claim against him. All his guns went to a bonded warehouse and even though the claim was proven to be false, he never saw his guns again.
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Same. The "Storage Fee" a bonded warehouse (Dawg) charged ended up being more than what the guns cost. It's a complete scam/ripoff. The part that really stings is that they then take your "abandoned" guns and sell it in their store that's in Westborough behind the Roche Brothers. Nothing will piss you off more then seeing your guns for sale because you couldn't pay the "Fee" to get them back. Then you start hearing things like the kickbacks some police stations get back from Dawg for storing these guns there. It's a complete racket. Hence why I'd only give the frames.
 
EJFudd said:
I know. Worth a costly legal battle with the cops when they aren't even your guns? 🤔

Hell, I've lost more guns than that in-between my sofa cushions. [laugh]


Kidding Maura... KIDDING! ;)
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Not sure why you keep going at it. No one suggested a legal battle with the cops.

Hiring an attorney does not = legal battle.
 
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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Of course the FFLs lawyer advised this. It was in his clients best interest. That’s why you get one to look out for YOUR interests. PD Will absolutely try and pull whatever they want without any repercussions otherwise…
 
OnTheRoad said:
Then if the guns (or their value) are important to the friend he will have his attorney handle it. If not I'd just hand them over. It's not the OP's fight and not everyone has lawyer money burnin' a hole in their pocket.
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Its too late the friend got him involved
 
EJFudd said:
I'm sure cops love it when you try to be cute with them. [laugh]
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Following the letter of the law. The lower’s the gun and that is what they should get.

Complying with unreasonable demands from government officials gets you nowhere. They will still F you in the A if they can.
 
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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This isn’t true. Under Mass law it is not a “firearm, rifle, or shotgun” AT ALL, if it cannot go “bang”.

So, a black-letter reading of the law says the “firearm, rifle, or shotgun” has been destroyed when its functional components are removed from the frame. Or rather, you can say with legal accuracy that you are not in possession of any “firearms, rifles, or shotguns” as defined by Mass. law when you dispose of the barrels/uppers/cylinders/slides/whatever.

You’re not going to win that argument, obviously; and you’ll get in trouble for making it.

But it does bring up the question as to the requirement of turning in all your “firearms, rifles, and shotguns” in a condition capable of being fired. Removing the optics is an easy one, as it can still fire a shot. But it’s less obvious when it comes to AR uppers or 1911 slides.
 
Shark_Cage said:
Following the letter of the law. The lower’s the gun and that is what they should get.
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Except it’s not. Under Mass. law it’s only a “firearm, rifle, or shotgun” if it can go bang.

Strictly speaking, the lower, absent the rest of the parts, is unregulated.

Under federal law, you’re right.
 
Rob Boudrie said:
Not necessarily.

1. Nothing in the law REQUIRES the PD to turn them over to a bonded warehouse.

2. Since this is not a domestic violence issue, the PD is allowed to turn the guns over to any LTC holder or dealer authorized by the confiscee. Guns confiscated because of a 209A may only be turned over to a MA licensed dealer.

3. Playing games like turning them into an FFL instead of the PD is a losing situation. Play by the rules and you might prevail. Get creative and you can sink your own ship.
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Not completely true. There are lots of cases where the cops never show, and getting the guns into the hands of an FFL makes it harder.
 
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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I have friends who were arrested on some other disqualifying offense (ex, carrying under influence) the police never showed up to even get their guns despite the fact that their LTC was suspended.
 
SHOCKNAWE said:
Same here, in fact I got two different friends storing their firearms at my house as we speak.
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I had, um..significant pieces of my collection, stored at a buddies house for the two years it took me to fix up and sell my house, then buy another and renovate it. He has lots of space in the safe and I didn't want them loose in a house with contractors whom I don't know coming and going in my absence. No knock on contractors, of course, but I slept better knowing they were squared away elsewhere. 6 years ago I stored his guns for 6 months while he was extricating himself from a bad relationship.

Don't fail to plan, you know?
 
An individual under LE’s microscope, who thinks they know all the possible outcomes, is a complete fool. There are way too many routes for a PD in Mass to jam someone up to even consider interactions without legal representation. I’m not saying it should be this way….what you folks call it again….massprudence?

A decade ago I had the ”benefit” of coming under Boston PD and ATF for no valid reason. Showing up at my home, insisting to “look around” and freaking out my wife. Information I was being “fed” struck me as misleading. Thankfully attorney Guida quickly brought the situation into order and ended it. It isn’t fair that I needed an attorney but I have way too much on the line to play around…setting aside any testosterone-fueled nonsense - everyone on this forum would say the same.

this is old but still completely applicable


View: https://www.youtube.com/watch?v=d-7o9xYp7eE
 
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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Are you saying you legally bought guns on an eFA-10 and the police came and confiscated your lawfully owned property? WUT?

What kind of time frame are we talking about here....need some detail.
 

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