Inheritance question from out of state

[daveshrews]

I'm getting a lot of conflicting information this, so I'm posting here hoping for some better info:

Hypothetically, let's say my dad passed away a little while back (he lived out of state) and left me a few nice Smith and Wesson revolvers. HYPOTHETICALLY, let's say the revolvers are here in MA and I'm hoping to eFA10 them. I've been told a variety of things, including to simply use the "Registration" link and leave the seller info blank. I've also been told to use the Registration link and simply put in his info as the seller, since I don't believe it requires seller license info (no license of any kind is required in the state he lived in.)

Is any of this correct, and if not, what is my best path forward to avoid any legal trouble down the road in this purely hypothetical situation?

 

[FPrice]

Hypothetically, is this stated in the will?

Hopefully @Len-2A Training will see this and lend his guidance.

Added: I think I know what he will say but I am not going to try, I'd probably mess it up.

 

[DJBrad]

I'm getting a lot of conflicting information this, so I'm posting here hoping for some better info:

Hypothetically, let's say my dad passed away a little while back (he lived out of state) and left me a few nice Smith and Wesson revolvers. HYPOTHETICALLY, let's say the revolvers are here in MA and I'm hoping to eFA10 them. I've been told a variety of things, including to simply use the "Registration" link and leave the seller info blank. I've also been told to use the Registration link and simply put in his info as the seller, since I don't believe it requires seller license info (no license of any kind is required in the state he lived in.)

Is any of this correct, and if not, what is my best path forward to avoid any legal trouble down the road in this purely hypothetical situation?

Currently I’m taking on a firearm from an out of stater. I was informed by a very experienced and knowledgeable FFL here in MA who stated that the owner’s ID (DL) is needed and in person is best practice for the 4473 to be completed so that the serialized firearm can be transferred to me. So said firearm is logged on the FFL’s books and you in turn get it transferred to yourself. It cannot be done via efa10 as that is for Ma only person to person transactions. That is, Ma resident to Ma resident.

So in your case the firearms must go through an ffl. This will need definitive clarification though as IANAL or FFL.

 

[daveshrews]

Hypothetically, is this stated in the will?

Hopefully @Len-2A Training will see this and lend his guidance.

Added: I think I know what he will say but I am not going to try, I'd probably mess it up.

Unfortunately I don't think it's specifically stated.... no. Hypothetically, my mom is still living so I assume she would technically be the beneficiary but she doesn't really want them. And unfortunately my dad was really casual about stuff like this and didn't do a lot of paperwork.

 

[Yosemite Sam]

What guns ?

 

[daveshrews]

I don't believe there are any reasons these revolvers couldn't be transferred in by a MA FFL, so if my mom happened to have them in her possession and got an FFL in her state to send them to a MA FFL, would that be the best bet?

We're talking about a pair of 19-3's, a 28-2, and a 29-2.

 

[daveshrews]

What guns ?

Haha, yeah, I agree. The problem is that I'd like to use them often and don't want to be nervous about transporting them to and from the range, etc.

 

[JoeA]

Ya gotta love this state

 

[daveshrews]

Ya gotta love this state

The fact that this is even an issue is utterly ridiculous.

 

[FPrice]

The fact that we even have to ask such questions in the state where the Revolution started is very depressing.

 

[FPrice]

was informed by a very experienced and knowledgeable FFL here in MA who stated that the owner’s ID (DL) is needed

But, but, the owner is dead. And he was living out of state.

 

[DJBrad]

But, but, the owner is dead. And he was living out of state.

If willed through an estate then no problem but in this present theory that is not the case.

 

[grey]

Ask yourself if you believe it's a record of sale, which isn't occurring, or a registration of ownership, which has been stated this system is not

 

[Buck F]

If willed through an estate then no problem but in this present theory that is not the case.

I’m sure the OP can find a codicil to the Will leaving the guns to him, signed before his father passed. Doesn’t need to be notarized, although I’m sure it was witnessed by someone in the family. EFA-10 & leave seller blank

I am not a lawyer, this is not legal advice

 

[DJBrad]

I’m sure the OP can find a codicil to the Will leaving the guns to him, signed before his father passed. Doesn’t need to be notarized, although I’m sure it was witnessed by someone in the family. EFA-10 & leave seller blank

I am not a lawyer, this is not legal advice

Paper trail is important in this case.

 

[Buck F]

Paper trail is important in this case.

Exactly. In the event anyone ever decides to look, it’s good to have a paper trail.

 

[GM-GUY]

There is NO WAY I'd ever willingly register anything willingly in this state (or any other state for that matter). Have you not seen the BS being piled in committee on Beacon Hill?

 

[daveshrews]

I’m sure the OP can find a codicil to the Will leaving the guns to him, signed before his father passed. Doesn’t need to be notarized, although I’m sure it was witnessed by someone in the family. EFA-10 & leave seller blank

I am not a lawyer, this is not legal advice

Now that you mention it, my mom did mention a document like this. If that existed, would a simple EFA10 with seller blank cover it?

 

[daveshrews]

There is NO WAY I'd ever willingly register anything willingly in this state (or any other state for that matter). Have you not seen the BS being piled in committee on Beacon Hill?

Oh believe me, I’d prefer not to. The only reason I’m considering it is I want to use the guns often and don’t want to have an issue if I’m ever pulled over with them in the car. I’m well aware of all the BS on Beacon Hill. :-/

 

[Buck F]

Now that you mention it, my mom did mention a document like this. If that existed, would a simple EFA10 with seller blank cover it?

To the best of my knowledge, yup

 

[BigTimber]

First rule of inheritance guns is ….

 

[steve8140]

There is nothing wrong with borrowing firearms and there is no timeline of which they must be returned.
Even from out of state.

 

[GM-GUY]

Oh believe me, I’d prefer not to. The only reason I’m considering it is I want to use the guns often and don’t want to have an issue if I’m ever pulled over with them in the car. I’m well aware of all the BS on Beacon Hill. :-/

If you ever get stopped and foolishly authorize a search or they decide to search for 'reasons' - do you think them finding any gun, declared or not, will end well........

 

[daveshrews]

If you ever get stopped and foolishly authorize a search or they decide to search for 'reasons' - do you think them finding any gun, declared or not, will end well........

I would never authorize a search… just trying to make sure my a$$ is as covered as it can be.

 

[appraiser]

There is no reason why those guns cannot be loaned to you by your mother because it is legal to loan a gun across a state line for the legitimate sporting purposes. There is no need to record anything with Massachusetts because it is just a loan. Now if your mother was to make a will leaving the guns to you when she passes all you need to do is fill out the online form within 7 days with the seller being left blank. You could transport them anywhere you wanted to as long as you are not carrying them for self-defense.

 

[daveshrews]

There is no reason why those guns cannot be loaned to you by your mother because it is legal to loan a gun across a state line for the legitimate sporting purposes. There is no need to record anything with Massachusetts because it is just a loan. Now if your mother was to make a will leaving the guns to you when she passes all you need to do is fill out the online form within 7 days with the seller being left blank. You could transport them anywhere you wanted to as long as you are not carrying them for self-defense.

Good to know - thank you very much.

 

[42!]

I'm getting a lot of conflicting information this, so I'm posting here hoping for some better info:

Hypothetically, let's say my dad passed away a little while back (he lived out of state) and left me a few nice Smith and Wesson revolvers. HYPOTHETICALLY, let's say the revolvers are here in MA and I'm hoping to eFA10 them. I've been told a variety of things, including to simply use the "Registration" link and leave the seller info blank. I've also been told to use the Registration link and simply put in his info as the seller, since I don't believe it requires seller license info (no license of any kind is required in the state he lived in.)

Is any of this correct, and if not, what is my best path forward to avoid any legal trouble down the road in this purely hypothetical situation?

@Len-2A Training is definitly the best source for this one, I thinks it just the eFA10 register but there may be a deadline on when you do it. Hopefully Laen will be along soon to make it clear.

Currently I’m taking on a firearm from an out of stater. I was informed by a very experienced and knowledgeable FFL here in MA who stated that the owner’s ID (DL) is needed and in person is best practice for the 4473 to be completed so that the serialized firearm can be transferred to me. So said firearm is logged on the FFL’s books and you in turn get it transferred to yourself. It cannot be done via efa10 as that is for Ma only person to person transactions. That is, Ma resident to Ma resident.

So in your case the firearms must go through an ffl. This will need definitive clarification though as IANAL or FFL.

There are different rules for inherited guns.
And maybe I'm reading this wrong, but the 4473 has to be done in person and you need a gov photo ID. Of course that's for the buyer, the sell can just ship it to the FFL, although many FFLs won't accept anything from a non-FFL. The law allows it but their shop their rules.

 

[Fixxah]

180 days to figure it all out from the day the eatate is settled if I remember correctly. And IANAL so just getting a reply in.

 

[Palladin]

MA-Gun Laws (Fed & MA) and Inheritance

I was discussing this issue with an attorney over the weekend and sent him the following text that I was able to find. Not being an attorney myself, there are areas of Fed and MA law on this topic that are open to interpretation that seriously impact our ability to transfer older handguns...

www.northeastshooters.com

 

[DJBrad]

MA-Gun Laws (Fed & MA) and Inheritance

I was discussing this issue with an attorney over the weekend and sent him the following text that I was able to find. Not being an attorney myself, there are areas of Fed and MA law on this topic that are open to interpretation that seriously impact our ability to transfer older handguns...

www.northeastshooters.com

Best thread for this.