Hypothetical.....

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Married couple both permitted/gun owners in MA.
Husband (or Wife) commits large enough infraction to loose license.
Will all the firearms be taken out of the house?
 
Yes.

Well, sort of. If she has anything that is registered will need to be turned in or removed. Technically, you should be able to lock up your personal firearms (the ones in your name) and give your spouse no access, but I'm unaware of any situation where this works with exception of people have prohibited room mates. To complicate matters, I believe any firearm, even though registered to you, is technically joint property as a marital asset. Contact Comm2a.
 
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No, nothing happened.
Just thinking of worst case senerios, if crooked Killery gets in and that.
...ya know the wife's guns are very important to her
 
Person who commits infraction is required to turn in firearms. Other is not unless permit revoked. It depends who owns which guns on the FA-10s.


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Person who commits infraction is required to turn in firearms. Other is not unless permit revoked. It depends who owns which guns on the FA-10s.


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That makes sense, but is there a legal way to transfer them to the other party who isn't prohibited?
 
Or move them out of state. Out of reach. Ideally an FFL.

It is perfectly legal also to drive them to a friends in RI, VT, ME, or NH and leave them there. The cops will push you for proof they are gone. If you want to play nice, the only reason I can think of is that you think you may someday be able to get your LTC back, then bring them to a FFL in another state. He will give you a receipt listing the firearms and serial numbers.

He is out of reach of MA police but not out of reach of the courts.

The beauty of bringing them to a friends in another state is that its legal and completely anonymous. Please note, you are not transfering the firearms to the friend. He is just holding them. The ATF is very clear about what constitutes a transfer and this is not it.

Remember, if you are going to become a prohibited person, the goal is not to break the law and possess these firearms sureptitiously. The goal is for you to be able to lawfully sell or give them to whomever you want on your terms. i.e. not be deprived of property without due process of law. Which the MA judicial system seems to allow.

Don
 
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I know it's not the law but I wouldn't be surprised if the police didn't just take everything and let you "sort it out later".
 
Married couple both permitted/gun owners in MA.
Husband (or Wife) commits large enough infraction to loose license.
Will all the firearms be taken out of the house?

In order to protect the guns a lawyer is going to tell you to get them all out of the house until the case itself is done at least.

-Mike
 
I know it's not the law but I wouldn't be surprised if the police didn't just take everything and let you "sort it out later".

Hence the need to get them out of the house. So that YOU control the situation. And if you do agree to turn them in, its done in an orderly way at the time and place of your choosing.

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This seems most likely, they take everything and "Let the courts sort it out"

They also take more than guns. They will take accessories, optics, ammo, reloading equipment.
 
Person who commits infraction is required to turn in firearms. Other is not unless permit revoked. It depends who owns which guns on the FA-10s.

I know it's not the law but I wouldn't be surprised if the police didn't just take everything and let you "sort it out later".

42! is correct, the police will empty the house of all guns, ammo, mags, etc. They don't care who owns what. I've covered this numerous times here in the past and vetted that info with a handful of PDs.


Hence the need to get them out of the house. So that YOU control the situation. And if you do agree to turn them in, its done in an orderly way at the time and place of your choosing.

They also take more than guns. They will take accessories, optics, ammo, reloading equipment.

Try this and you'll be facing a C. 269 S. 10 felony conviction for failure to turn everything over instantly.

Yes, they will take everything and then some.
 
a lot of guess/uneducated advice. I know this is supposed to be "hypothetical" but dont act like you know the law when you dont.
not targeted towards anyone specific, but its pretty obvious who knows a thing or two and who is is throwing guesses out there.
 
Len has better please contact than I do. If it's a restraining order it has to go to the police first. If you're aware of another in pending suspension my suggestion is you transfer it to a dealer get a receiptand if I asked to turn in your firearms show the police your receipt.


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Keep in mind as well but the suspension letter and the statute allow time for an appeal prior to the surrender of firearms. I've never actually seen thatwork but it's in the statue


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Keep in mind as well but the suspension letter and the statute allow time for an appeal prior to the surrender of firearms. I've never actually seen thatwork but it's in the statue


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According to Glidden (and in this case I believe he is correct) the law says that if you have appealed at the time they show up, you can keep them until a judge hears the case. However, they come with the letter and you have no standing to appeal something until it is suspended/revoked so this is another bullshit part of law. They say something that is impossible to implement.

If you think otherwise please show me in the statute where it calls out the amount of time you have to appeal after being served?
 
According to Glidden (and in this case I believe he is correct) the law says that if you have appealed at the time they show up, you can keep them until a judge hears the case. However, they come with the letter and you have no standing to appeal something until it is suspended/revoked so this is another bullshit part of law. They say something that is impossible to implement.

If you think otherwise please show me in the statute where it calls out the amount of time you have to appeal after being served?

I don't disagree but it's there, and I successfully argued the point to a judge in Superior Court on a motion to suppress arguing that the suspension letter is not the equivalent of a warrant and it is not a license to seize property.


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