Inheriting a number of firearms, one in custody of SP

[namedpipes]

I think I'm pretty clear on the requirements for the other firearms - fill out an FA-10 from the executrix, noting the probate court docket number, for each item.

 

[theGringo]

This was unfortunately a very nice musket. The relative was apprehended and sent away and the musket has never been returned by the State Police. My uncle asked for it back after the trial and the third or fourth hand story I received is "They can't find it". This all transpired before my uncle's death.

I was told by a State Trooper once (and I'm not saying it's true) that a State Trooper may, once during his career, take an unclaimed weapon from SP inventory as his personal property.

You might want to find out if some kind of statute of limitations might have expired on that particular piece, allowing it to be claimed by another party. In any event, an item of unusual value might be inclined to vanish by any number of means.

If the records show it checked in, but never checked out, I imagine that you'd have a valid claim against its value. But how to assign value to an item that is no longer available for appraisal ...

Bit of a sticky wicket, old chap.

 

[OnTheRoad]

If there was a trial, I'm guessing you can check with the DA's office as to the disposition of the evidence; there will be a record of exhibits and they should be able to instruct the police to return the musket to you.

Depending on how old the case is there is also a chance that the musket may have been ordered destroyed by the DA's and the "they can't find it" story is a cover; however AFAIK police agencies can't dispose of evidence until a case is closed and a destruction or return order is issued by the court, in case there's an appeal or retrial for some reason. Maybe one of our resident lawyers can chime in on that one.

 

[namedpipes]

I guess I already knew that. I just hoped . . .

 

[Mil-Dot]

FA-10 for a musket?

 

[jdubois]

FA-10 for a musket?

Yeah, good catch. C 140 S 128B doesn't apply to acquisition of a musket (if it was manufactured before 1900 or is a replica of such), per C 140 S 121, so no FA-10 needed in this case. Not really the meat of this thread, though

 

[Tater]

Since the STATE POLICE were neglagent in losing a firearm I am afraid that they have been deemed UNSUITABLE by me and shall no longer be lisenced to carry firearms.

 

[namedpipes]

Yeah, good catch. C 140 S 128B doesn't apply to acquisition of a musket (if it was manufactured before 1900 or is a replica of such), per C 140 S 121, so no FA-10 needed in this case. Not really the meat of this thread, though

The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;


So, basically, ANYTHING in the collection manufactured prior to 1900 does not require an FA-10? Or is this one of those areas where you don't have to file it but you're screwed if you don't?

 

[jdubois]

So, basically, ANYTHING in the collection manufactured prior to 1900 does not require an FA-10?

You got it. Just make sure it also meets the requirements of clause (B) (which it would if it's not a replica):

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;