Gun Confiscation Due to OUI in MA

Something don’t smell, right
Yep, starting with why a "friend" has had to hold onto all his guns for 10 years. 🤔
Sounds to me this problem wouldn't be a problem if your buddy had handled it a long time ago.
Correct. Sure sounds like there is more to this story than meets the eye. 🧐
 
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. 🧐
Nothing untoward, just complacent. Friend's not a shooter. His wife wanted them out of the house and I had space in the safe. 1 pistol and 1 rifle. It was never an issue until now.
 
Nothing untoward, just complacent. Friend's not a shooter. His wife wanted them out of the house and I had space in the safe. 1 pistol and 1 rifle. It was never an issue until now.
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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Well this town obviously blows. A friend of mine went through the same situation a few years ago, and the PD was fine with me taking possession of his collection while prosecutor worked through the case. He got an CWOF and his license back. When he got his license back he took his guns back. End of story.
 
Congrats, you just committed a federal felony.


And this is exactly why you DON'T TALK TO THE POLICE!

As far as it being only 2 guns, and not getting a lawyer.... It isn't about the OP keeping the guns. It's about the OP avoiding catching a case at this point. The number of guns is irrelevant.

Don't talk to the police! STFU and let the lawyer do the talking...
 
Nothing untoward, just complacent. Friend's not a shooter. His wife wanted them out of the house and I had space in the safe. 1 pistol and 1 rifle. It was never an issue until now.

yea FWIW, I always stored my buddies rifle in my safe because his wife doesn't want guns in the house. Not terribly uncommon is my guess. Not everyone on the planet is a total gun-mo like us.
^^sounds like these guys should've gotten rid of the wives, not the firearms. FFS.
Batman Facepalm GIF by WE tv

let me tell the old lady to store her shoes(insert whatever other object here) elsewhere, we'll see what's store elsewhere first, the shoes or me.



I've stored guns for others for over a year.
As have I. On deployment and didn't have an apartment at that time... there are scenarios where it does happen and we're just being a good friend!
 
FFL goes to station and picks up the guns entering them into his book. FFL then sells to anyone. In fact the locals in both cases (two separate towns) were very accommodating.
I have owned several firearms that belonged to friends who had their LTC revoked for DUI.
 
And this is exactly why you DON'T TALK TO THE POLICE!

As far as it being only 2 guns, and not getting a lawyer.... It isn't about the OP keeping the guns. It's about the OP avoiding catching a case at this point. The number of guns is irrelevant.

Don't talk to the police! STFU and let the lawyer do the talking...
I came here to say this.
 
DWI = LTC revoked = back door gun confiscation/gun control

The friend will never see his guns again but will be able to still drive the car where the alleged offense occurred.

How does that make sense....


Oh yeah...Mass...enough said.
 
FFL goes to station and picks up the guns entering them into his book. FFL then sells to anyone. In fact the locals in both cases (two separate towns) were very accommodating.
I have owned several firearms that belonged to friends who had their LTC revoked for DUI.
Cops indicated that they were willing to meet at LGS with guns to accommodate transfer. However, they made it clear that they wanted to take them into the PD's possession first.
 
Because they don't belong to the OP. They belong to the fellow who no longer has an LTC.
And srating "they're mine" opens up failure to transfer and possession issues.

I was in a very similar situation, just that the guns were already transferred to me.

You'll need a lawyer. Your friend can write the PD requesting the guns release to a specific ffl, that ffl can pick them up and transfer. This needs to move quickly.

For anyone trying to take the tough approach when police come knocking, they come after 5, and will threaten you with interfering in a police investigation- not charges you want levied so your own ltc can be revoked.
 
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. I would say screw the police take the guns and your friend to an FFL and transfer them into your name.. then make sure you have a lawyer lined up I would suggest Neil tassel and when the cops come knocking on the door say I don't have his guns please call my lawyer
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.

4. Your friend should IMMEDIATELY provide the police with a letter (notarized if possible without introducing delay) demanding they transfer the guns to you once they are surrendered, and to not transfer them to a bonded warehouse.

This is not just theory. I am vary familiar with one case where someone was arrested, lost their LTC and had their gun taken by the PD. The person who attempted to pick them up at the owners direction was instructed on what form to fill out. He went home, did so, and the gun was released to him when he returned. The top corner of the form the PD gave him with the gun and transfer info is below. The PD was professional and competent, and expressed appreciation that he got the gun out of their property room.

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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.
 
Cops indicated that they were willing to meet at LGS with guns to accommodate transfer. However, they made it clear that they wanted to take them into the PD's possession first.
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.

Your friend can write the PD requesting the guns release to a specific ffl, that ffl can pick them up and transfer. This needs to move quickly.
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.
 
Massachusetts' gun laws really DO suck.

Friend of mine in CT got a DUI. It wasn't his first, and we knew he was going to jail. He got the notice from firearms commision to send in his permit. We transferred all of his firearms to me that day. Filled out the DPS-3C forms, called SLFU and got the authorizations. Firearms now legally belonged to me. Stuck them in the safe figuring that eventually we'd transfer them back. He got out of jail, put his life back together. A while later we came to the conclusion that he was never going to get his weapons permit back - and he owed me a favor; so the guns became mine. Which is why at one point I had (5) Browning BuckMarks, a couple extra .22 rifles, and a POS .380.
 
I've stored guns for others for over a year.
The only time i had my guns(not many) taken from my house was the night i kicked out my ex. I was afraid she was going to file for a restraining order so i called my brother to come over and take possession of them, and he held them until my divorce was final.
 
Well this town obviously blows. A friend of mine went through the same situation a few years ago, and the PD was fine with me taking possession of his collection while prosecutor worked through the case. He got an CWOF and his license back. When he got his license back he took his guns back. End of story.
I’ve stored a safe full of guns for someone, like moved the safe in the middle of the night, to prevent confiscation for a ‘domestic misunderstanding.’ Where are all your other guns?? At MAGA99s house. Oh, OK.
 
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