Not really worried about them all playing nicely together. Just wanted to have the correct wording to allow them to take them and self register them without needing an FFL, and for me not to have to change anything whenever I buy or sell a firearm.
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MA-Gun Laws (Fed & MA) and Inheritance
- Thread starter Len-2A Training
- Start date
Hi folks, Apologies if this has been brought up, but from what I could see this thread is mostly addressing inheritance after someone dies. My father (who does not have a license, but is still alive) is in possession of his father's shotgun, in RI. The shotgun came from WV before that, and I have no idea if my grandfather had it registered there. If my father wants to give it to me, how do we do this legally? Thank you.
If it's just a shotgun just have him send it to a willing MA FFL as a transfer, done. What happened to it in the past doesn't really matter at this point. So you just need to find a dealer that will take it, etc.
You might also be able to use an RI dealer too. (but I forget what kind of silly garbage they do to nonresidents buying long guns, wouldn't go down that road myself).
3rd option... by far the easiest... find a willing MA FFL, then pick your dad and the gun up in RI, bring both to MA FFL, inbound it that way, avoids shipping, avoids your dad breaking the law (because you technically have control as LTC holder while under transport). Your dad will need a DL or some other kind of ID so the MA dealer can log it in. Bring your dad home, take gun home, done.
-Mike
dcmdon
NES Member
Just to add to Mike's comment.
No license is required to possess a gun in RI. So there is no relevant license.
There is no registration in most states, including WV.
No license is required to possess a gun in RI. So there is no relevant license.
There is no registration in most states, including WV.
Thank you Mike! Helpful info, and it sounds like 3rd options is likely best. Although, do you think there is an option 3b? Would I be able to pick it up in RI on my own and transport it to MA? Then go meet my father at a shop, and do the transfer there? -Ben
OK, but based on Mike's comments, it sounds like I shouldn't do the transfer in RI?
You can do it there problem is you'll have to go back because of the RI 7 day wait period, and I also don't like the fact that they send a ratting letter out to your hometown PD saying you bought a gun. (that's not something they need to know). This may have changed, but I remember it being infeasible last time I checked.
Actually, in theory you could do that if the MA dealer can get a copy of his identification, they really just need his ID to log the gun in. That's essentially what would happen if he mailed the gun to a (willing) MA FFL. I'd check with whatever dealer you are going to use to inbound the gun. Some may be more or less flexible. Some may get retarded about it, others would do it in the blink of an eye if they had some ID from the owner. I would bet many MA shops are going to go "have him ship us the gun with a copy of his photo ID". Some may go full retard and want it sent out of an FFL to their FFL. (but this is rare, but not unheard of).
-Mike
I read through the thread and found something relevant to my situation, quoted below. I just want to make sure what was posted a few years ago is still relevant.
Here's my situation:
Stepfather in Arizona just passed away (he does have an Arizona concealed carry permit). The execution of the will hasn't started yet, but my mother had told me he would be passing down some guns to me, so I want to make sure I'm the best prepared I can be. I'm guessing there may be some revolvers, probably a CZ75 or a Glock, and an AR-15 he and I built up.
From reading this thread, am I correct that I can have the guns shipped from Arizona to here in Massachusetts (I hold a valid LTC in Mass and Arizona), and then do an FA-10 per instructions quoted below? In this case, I could have the guns shipped directly to me, correct? Otherwise, the only other two actions I could possibly take would be flying out there to get the guns which might be a hassle if I'm trying to fly into Logan with multiple guns, or driving out there and driving back (but then I deal with multiple states and their laws of interpretation.
Further, I believe the CZ75 is from before the high mag ban, and the date stamped on it should prove that to be correct. Therefore, I *should* be ok with bringing in the magazines which came with the gun and are greater than 10 rounds, correct? If I get a Glock, I think I can prove the same by serial numbers.
For the assault rifle, we only built that up last year-am I SOL on that one?
Thank you and I appreciate any help you can offer.
Here's my situation:
Stepfather in Arizona just passed away (he does have an Arizona concealed carry permit). The execution of the will hasn't started yet, but my mother had told me he would be passing down some guns to me, so I want to make sure I'm the best prepared I can be. I'm guessing there may be some revolvers, probably a CZ75 or a Glock, and an AR-15 he and I built up.
From reading this thread, am I correct that I can have the guns shipped from Arizona to here in Massachusetts (I hold a valid LTC in Mass and Arizona), and then do an FA-10 per instructions quoted below? In this case, I could have the guns shipped directly to me, correct? Otherwise, the only other two actions I could possibly take would be flying out there to get the guns which might be a hassle if I'm trying to fly into Logan with multiple guns, or driving out there and driving back (but then I deal with multiple states and their laws of interpretation.
Further, I believe the CZ75 is from before the high mag ban, and the date stamped on it should prove that to be correct. Therefore, I *should* be ok with bringing in the magazines which came with the gun and are greater than 10 rounds, correct? If I get a Glock, I think I can prove the same by serial numbers.
For the assault rifle, we only built that up last year-am I SOL on that one?
Thank you and I appreciate any help you can offer.
nwin, sorry for your loss.
ONLY if the Will (or another document) specified that the guns go to you . . . would it be inheritance and done as I had mentioned here many times.
Normally in a Will, the surviving spouse is noted to own all the deceased possessions. Verbal "he wanted x to have y" is only worth the paper it is printed on, meaning that his Wife owns the guns and she can't legally just ship them to you and you can't claim them as inheritance. She'd have to ship them to a MA FFL and they do normal transfers to you. In which case the EOPS List and AG Regs fall into play for all the handguns. Per the AG BS, no MA Dealer can transfer an AR to you either.
ONLY if the Will (or another document) specified that the guns go to you . . . would it be inheritance and done as I had mentioned here many times.
Normally in a Will, the surviving spouse is noted to own all the deceased possessions. Verbal "he wanted x to have y" is only worth the paper it is printed on, meaning that his Wife owns the guns and she can't legally just ship them to you and you can't claim them as inheritance. She'd have to ship them to a MA FFL and they do normal transfers to you. In which case the EOPS List and AG Regs fall into play for all the handguns. Per the AG BS, no MA Dealer can transfer an AR to you either.
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My will has wording similar to "My guns are bequested to my friends in such allocation as determined solely by the executor of the estate". Someone on NES called this a "quasi testimonial trust with a class gift".
This should establish that the transfer is indeed a bequest, rather than simply a transfer of estate property by the executor.
The exception is the SBR which already has two additional trustees - one my age, one much younger, both of whom will be fighting over the SBR if they are alive when I croak. Should be interesting since they are father and son.
Gun owners have special needs in this area and should not have a cookie cutter will. You may need to educate your estate planning attorney as to why the guns need to be bequested rather than just relying on your executor to distribute them as you wished.
Another estate planning tool is to bequest by bank account #. For example, if you want some $$ to go to your spawn instead of your spouse, and want to vary the amount depending on how much your spouse will need for the rest of his/her life, this allows you to increase or decrease that amount without modification to the will.
You can save many fights by printing out a who gets what spreadsheet and leaving it in your safe, and simplify the process by making sure an attorney friend is on the list to get one of the nicer guns. (If I turn up dead, check scriv's alibi
)
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So I've read through most of this thread several times and I do believe that all of my questions have been answered.
Many thanks for a great forum!
I do have one question though... Why has scrivener been banned?
Many thanks for a great forum!
I do have one question though... Why has scrivener been banned?
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One only needs to speak with him on the phone to understand.
I have recently inherited a number of firearms (specifically willed to me) including two pre Healy AR’s. For the other firearms I plan to simply register them as that seems to be the advice in this thread and not use the Inheritance option.
Not sure what to do about the AR’s, should I plan to register them in the same way? I know they are pre-Healy but haven’t found any paperwork that validates that yet, wondering what other folks have done in a similar situation.
Not sure what to do about the AR’s, should I plan to register them in the same way? I know they are pre-Healy but haven’t found any paperwork that validates that yet, wondering what other folks have done in a similar situation.
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I would comment, however, I believe discussion why someone was banned or questioning a moderator's actions on the forum is against the rules.
I wasn't trying to ruffle any feathers, just idle curiosity.
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Understood, but it is easy to cross the line from curiosity into dissidence and get an infraction.
I did and e-fa-10 for the few guns I inherited from my dad's estate. One would be considered an assault rifle by the AG.
From what my dealer and my lawyer (not a firearms specific lawyer) tell me, I am G2G. Mainly the wording of the law is vague and nobody from the AGs office has been going after inherited guns (yet).
^^^^^^^^^^ This!!!!
I've managed to keep my ass out of jail for the last 50 years. Just trying to keep it that way.
I don't want to be breaking rocks in the hot sun.
In that case worrying about a rabid AGs press conference and memo is a waste of time and energy.
D
Deleted member 67409
I realize Mike's post is from 2018, but the 7-day waiting period does not apply if someone (including a non-res AFAIK) has a town-issued RI permit, which is available to non-res people:
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Let me test this for understanding,
My brother in Texas past away last week. He has a lot of firearms and I was down there last week and cataloged the collection. In the will, I am listed as a beneficiary along with my siblings. My sister is the executer. The will states that his assets should be divided equally between the beneficiaries. Several of his firearms that I want are not on the ESOPS list and can't go thru an FFL. All the beneficiaries will take some firearms and the rest will be sold in Texas.
So given this info can I just put the firearms in my trunk (cased with locks) and drive them home. Note: none of the handguns are high capacity but there is a couple of M1A1's. I assume the M1A1 is fine just not normal capacity mags.
My brother in Texas past away last week. He has a lot of firearms and I was down there last week and cataloged the collection. In the will, I am listed as a beneficiary along with my siblings. My sister is the executer. The will states that his assets should be divided equally between the beneficiaries. Several of his firearms that I want are not on the ESOPS list and can't go thru an FFL. All the beneficiaries will take some firearms and the rest will be sold in Texas.
So given this info can I just put the firearms in my trunk (cased with locks) and drive them home. Note: none of the handguns are high capacity but there is a couple of M1A1's. I assume the M1A1 is fine just not normal capacity mags.
Sorry for your loss.
NO FFLs are required by MGL or Fed Law on inheritance of guns, period.
Thus, no EOPS List/AG Regs apply if you follow the law and don't mess it up by involving any FFLs.
Yes, you can drive them home, in locked cases, unloaded (some states consider a loaded mag seperate from the gun to be a loaded gun, so beware). Follow FOPA and when you get to MA just "REGISTRATION" option on FRB website, do NOT put down where you got the guns, skip that page.
NO FFLs are required by MGL or Fed Law on inheritance of guns, period.
Thus, no EOPS List/AG Regs apply if you follow the law and don't mess it up by involving any FFLs.
Yes, you can drive them home, in locked cases, unloaded (some states consider a loaded mag seperate from the gun to be a loaded gun, so beware). Follow FOPA and when you get to MA just "REGISTRATION" option on FRB website, do NOT put down where you got the guns, skip that page.
Thanks Len....I have looked through this and don't understand why I shouldn't use the inheritance function on the portal. But I will do it your way. The most important thing to the state is knowing who has a firearm and what it is.
Because the inheritance portal will ONLY work if the deceased had a MA LTC in affect upon death. That webpage was designed by an idiot. MGL (and Fed Law) allows you to inherit a gun from anyone in any state, yet the website won't allow it. Also nothing in MGL requires you to provide the name of the deceased, date of death, etc.
allen-1
NES Member
@Len-2A Training said "some states consider a loaded mag seperate from the gun to be a loaded gun"
I have to admit I've never heard this before. I'm going off to google it, but wonder if you could provide an example or citation?
