MA-Gun Laws (Fed & MA) and Inheritance

My condolences on your loss.

The FRB portal does not allow you to inherit any guns from anyone that doesn't have a MA LTC active upon their death. It was designed that way intentionally to help minimize the number of guns coming into MA.

To make matters worse, many widows/personal representatives ask their PD for advice on inheritance and most do one of two things: tell them to go to an FFL (MGL and Fed Law does NOT require this on inheritance) in which case handguns that aren't on the EOPS List and AG approved are lost to any rightful heir in MA OR they come and confiscate the guns directly (illegal, but nobody will prosecute them for it).

That said, MGL and Fed Law allow you to inherit guns from ANYONE anywhere in the USA regardless of their license status upon death. They also allow inheritance across state lines without any FFLs involved.

For that reason, I always advise the heirs to REGISTER the guns under Registration, NO info on the source of the guns, merely info on the new MA owner and the gun itself.

All this said, for an inheritance to be legal, a will or the laws of succession for someone who dies intestate MUST specify that the new owner is the heir for the guns. Otherwise, any transfers from the personal representative must go thru an FFL. It is a Federal Felony for transfers between 2 people that live in different states without an FFL, with the sole exception of someone designated to inherit the guns.
 
All this said, for an inheritance to be legal, a will or the laws of succession for someone who dies intestate MUST specify that the new owner is the heir for the guns. Otherwise, any transfers from the personal representative must go thru an FFL. It is a Federal Felony for transfers between 2 people that live in different states without an FFL, with the sole exception of someone designated to inherit the guns.
My will contains something close to "My guns are bequested to my friends in such allocation as to be determined by the executor of my estate".
 
Not much they can do to me if it doesn't. My written list of gun distribution has instructions that the recipients are to strip the gun area bare, leave no dust, and repaint anything that needs it.

Why? What does dusting and painting protect?
 
Why? What does dusting and painting protect?
I have a section of my basement dedicated to gun stuff - safe/ordnance locker, shelves, work benches, etc. Once my heirs clean out the gun stuff, I expect them to dust off the shelves and repaint the cement floor if necessary leaving that section of the basement suitable for other usage. Gotta work that one last deal :)
 
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My will contains something close to "My guns are {bequeathed} to my friends in such allocation as to be determined by the executor of my estate".
IANAL but that should work.
I have to admit that I was a bit surprised that Len was so quick to approve of that approach. It sure makes things simple if it will hold up legally, but it doesn't seem to be any different than saying nothing in the will and letting life take its normal course (i.e., leaving it all up to the executor of the estate).

But if that saves a ton of transfer & shipping fees and keeps people out of trouble, I'm all for it. [laugh]
 
I have to admit that I was a bit surprised that Len was so quick to approve of that approach. It sure makes things simple if it will hold up legally, but it doesn't seem to be any different than saying nothing in the will and letting life take its normal course (i.e., leaving it all up to the executor of the estate).
It is quite different, both in the legal sense of "bequest or not" and who the guns go to.

The executor does not have the authority to give away estate property to persons who are not legitimate creditors or listed heirs. An executor could decide to sell the guns (sell, not bequest) and deliver the proceeds to the heirs, but could not legally just give them away absent instructions in the will. Selling for anything less than fair market value on behalf of the estate would be an actionable breech of fiduciary duty.

These instructions (a) Establish that these persons, though not named, are heirs to my collection and (b) Establish that the delivery of the guns to these heirs is a bequest, not an asset liquidation by the executor. The person would be correct in saying "These guns were bequested to me" rather than "I got these guns from an estate". Note the exemption applies to bequested guns, not ones liquidated by the executor outside of bequest.
 
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When I re-wrote my will several years ago, I specified that all of my firearms would go to my son W. Actually no one else in my family, except a SIL in Kansas (to the best of my knowledge) is licensed or otherwise legal in the state they reside in to possess firearms.
 
It is quite different, both in the legal sense of "bequest or not" and who the guns go to.

The executor does not have the authority to give away estate property to persons who are not legitimate creditors or listed heirs. An executor could decide to sell the guns (sell, not bequest) and deliver the proceeds to the heirs, but could not legally just give them away absent instructions in the will. Selling for anything less than fair market value on behalf of the state would be an actionable breech of fiduciary duty.

These instructions (a) Establish that these persons, though not named, are heirs to my collection and (b) Establish that the delivery of the guns to these heirs is a bequest, not an asset liquidation by the executor. The person would be correct in saying "These guns were bequested to me" rather than "I got these guns from an estate". Note the exemption applies to bequested guns, not ones liquidated by the executor outside of bequest.
I guess I made the assumption that the executor is a trustworthy individual. After all, you are trusting him or her or it outside of the will to know who your friends are and to decide which of your friends gets what. If you have a dishonest executor, all is lost.

But we are getting away from the legal definition of a "direct bequest" as it related to Federal law and the exemption. I guess I would describe your approach as an indirect bequest in that someone else (the executor) is ultimately deciding who gets what.

Anyway, I am no lawyer. My point was only that Len has been pretty specific in the past that the details have got to be in the will, hence my confusion that we can now get by with something rather non-specific. [thinking]
 
But we are getting away from the legal definition of a "direct bequest" as it related to Federal law and the exemption. I guess I would describe your approach as an indirect bequest in that someone else (the executor) is ultimately deciding who gets what.
Indirect bequests usually involve trusts or third party entities, not the executor, holding the asset for the benefit of the bequestee or the bequest passing through a third party other than the executor. When the executor transfers property directly to the recipient in keeping with the will I dont think it becomes indirection as no pointer is dereferenced. Attorneys on this list are encourage to confirm or correct my understanding. Or simply post a thumbs up or turd emoji.

After all, you are trusting him or her or it outside of the will to know who your friends are and to decide which of your friends gets what. If you have a dishonest executor, all is lost.
Absolutely true. The significant assets are in a probate avoidance trust.

The reason I do it this way it is the best way I can think of to prevent a DLS (Dowd Like Scumbag) from coming in and doing things like paying a few hundred for guns worth a few thousand.

I also have to trust Scrivener to leave some of the good stuff for the other guys when he handles the paperwork (assuming I pre-decease him). The instructions in my safe say he gets one gun as a friend and another for his legal services advising the widow on the legalities.
 
I also have to trust Scrivener to leave some of the good stuff for the other guys when he handles the paperwork (assuming I pre-decease him). The instructions in my safe say he gets one gun as a friend and another for his legal services advising the widow on the legalities.
If Scrivener is your lawyer and executor and he says all this is good, it is probably good. [thumbsup]
 
If Scrivener is your lawyer and executor and he says all this is good, it is probably good. [thumbsup]
He was not the lawyer who drafted the will and estate plan, and is not the executor - but will be working with my executor to make sure things are done legally. That is, assuming, he accepts my posthumous offer to pay for his services with a nice gun.
 
He was not the lawyer who drafted the will and estate plan, and is not the executor - but will be working with my executor to make sure things are done legally. That is, assuming, he accepts my posthumous offer to pay for his services with a nice gun.
Oh nuts! [laugh] And here I was ready to go sign him up for my will. [cheers]

Actually, I think we need a trusts and elderly law lawyer anyway. Oh well...
 
A little help with a friend's situation is appreciated.

The elderly father passed away in April. At the time of his death his LTC was active.
In his will he left all of his assets to his daughter. She finds two older handguns in his house. A 1911 probably from the Korean War and an older small S&W revolver.
No paperwork on the guns was found anywhere. No idea if any were registered. She didn't even know he had them in his house.

Here's the issue. She doesn't have a LTC. Doesn't like guns.
And just wants them gone.
I offered to buy them off her.. But don't know how.

Can she transfer them to me? And if so, through the portal or do we have to go to a FFL?

She tried to give them to a local police station in Western MA where the old man lived. The po on duty just told her they didn't want them and she should sell them. He mentioned something about 180 days to get rid of them..? Not sure what that was about.

Thanks, Jay
 
A little help with a friend's situation is appreciated.

The elderly father passed away in April. At the time of his death his LTC was active.
In his will he left all of his assets to his daughter. She finds two older handguns in his house. A 1911 probably from the Korean War and an older small S&W revolver.
No paperwork on the guns was found anywhere. No idea if any were registered. She didn't even know he had them in his house.

Here's the issue. She doesn't have a LTC. Doesn't like guns.
And just wants them gone.
I offered to buy them off her.. But don't know how.

Can she transfer them to me? And if so, through the portal or do we have to go to a FFL?

She tried to give them to a local police station in Western MA where the old man lived. The po on duty just told her they didn't want them and she should sell them. He mentioned something about 180 days to get rid of them..? Not sure what that was about.

Thanks, Jay
IANAL.
If there is no record of them being part of the estate, they don't exist. Were it me, I would buy them and log an eFA - 10 (maybe) and withhold the part about whom I bought it from (definitely).
 
IANAL.
If there is no record of them being part of the estate, they don't exist. Were it me, I would buy them and log an eFA - 10 (maybe) and withhold the part about whom I bought it from (definitely).
Would you Register or Personal Sale / transfer?
Register just asks for your info.. The Sale asks for both and now you need to enter the sellers LTC and pin. Or name and dob. I have those from the deceased LTC.

Can't continue without a seller. I could put myself in there for seller and buyer?
 
A little help with a friend's situation is appreciated.

The elderly father passed away in April. At the time of his death his LTC was active.
In his will he left all of his assets to his daughter. She finds two older handguns in his house. A 1911 probably from the Korean War and an older small S&W revolver.
No paperwork on the guns was found anywhere. No idea if any were registered. She didn't even know he had them in his house.

Here's the issue. She doesn't have a LTC. Doesn't like guns.
And just wants them gone.
I offered to buy them off her.. But don't know how.

Can she transfer them to me? And if so, through the portal or do we have to go to a FFL?

She tried to give them to a local police station in Western MA where the old man lived. The po on duty just told her they didn't want them and she should sell them. He mentioned something about 180 days to get rid of them..? Not sure what that was about.

Thanks, Jay
Legally the only way to do this is thru an FFL. They legally belong to the Daughter and since she isn't licensed and doesn't want them, it is a regular transfer and must be done thru an FFL. Whether or not they were previously registered is totally irrelevant here.

That is the period of time during which the executor may possess the guns without a license.
Not quite correct. It is 180 days AFTER settlement of the estate, a grace period for an unlicensed personal representative to get their LTC if they are keeping the guns. Ask Atty. Guida as he was the one who clarified it for me some years ago.
 
Turns out 2 of the 3 guns are replicas that only fire blanks.
The Revolver is real though. I'll go to the FFL for the one.
Thanks for the help gentlemen.
 
I just became a member and want to thank everyone for this thread. I have read thru the entire thread and think I have a good idea of the direction I need to go in. My father in law passed away recently and he was very clear with me (the only family member who has an LTC) how he wanted his collection to be handled.
I just wanted to thank everyone but specifically Len2-A,

Scrivener

and

Rob Boudrie

for their informative posts.
 
Thanks to all for this helpful information.
Here is my situation.
Current LTC holder. Fighting Cancer since 2019. Wife not licensed not interested. two sons 15,12 too young for license.
Have a Trust for everything (home, Bank accounts, etc...) which includes approximate values of my firearm collection but not itemized and various accessories (Pre-Ban Mags, ammo) not calculated.
Would like to leave entire collection for my boys but don't know if this is possible.
Helpful advice would be welcome. Thanks very much.
ShuDawg
 
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