MA-Gun Laws (Fed & MA) and Inheritance

Inheriting 60+ year old un-serialized rifles from out of state. Is a person still supposed to do an E-FA-10 registration on them?
 
Bump. If anyone knows... [popcorn]

Buried in the now closed Healey thread (or one of the dozens of others, not certain) are some Q/A on that and the general impression I got was, it'll probably be ok.

I don't recall who posted answers, if they are lawyers or what their background is. Those threads are WAY too long for me to re-read, but you may find something useful with some creative search.

My heirs will be freer states by the time it becomes pertinent (with a little luck on both sides) so it should not be an issue.

IMO the AG is not stupid enough to interfere with inheritance. I drive a 'pewter for a living though, not a gavel.
 
Nobody knows for certain, but all intel to date is that she isn't out to get individuals at this time, just dealers/distributors.

ETA: My personal opinion is that this was to shut off all supply into MA, kill off most dealers in MA so we have nowhere to go to buy more guns.
 
Looks like I've got some reading to do.

The other day my uncle from Maryland called out of the blue and while chatting he brought up that when he dies I'm welcome to any of the guns he owns because his sons aren't into guns, they'll go out occasionally and shoot with him but that's the extent of their interest in it.

I've got mixed feelings about it though because he's not the type of guy to just purchase any old gun, most of(if not all) his stuff is custom or collectable and I don't want to come off as some circling vulture to my aunt and cousins. An example would be from my last visit, a few days before I arrived he received some fu-fu laa-dee-daa Wilson Combat or Kimber 1911 that took a good amount of time to get after he ordered it. I've got to say it's a damn pretty pistol and wouldn't be surprised if the cost of it was the ballpark of $3K-$4K.
 
Looks like I've got some reading to do.

The other day my uncle from Maryland called out of the blue and while chatting he brought up that when he dies I'm welcome to any of the guns he owns because his sons aren't into guns, they'll go out occasionally and shoot with him but that's the extent of their interest in it.

I've got mixed feelings about it though because he's not the type of guy to just purchase any old gun, most of(if not all) his stuff is custom or collectable and I don't want to come off as some circling vulture to my aunt and cousins. An example would be from my last visit, a few days before I arrived he received some fu-fu laa-dee-daa Wilson Combat or Kimber 1911 that took a good amount of time to get after he ordered it. I've got to say it's a damn pretty pistol and wouldn't be surprised if the cost of it was the ballpark of $3K-$4K.

Make sure he WILLS them to you. If not, you'll have much more difficulty in getting them
 
Thanks for the info on anything having to be willed to me, kind of got that idea through a cursory glancing of the thread. I'm not sure of what he owns but I'm 95% sure he has an M14/M1A of some sort that, IIRC, can't be transferred within MD any longer and I'd hate to see his family turn that in.

Next time I talk with him I'll give him the skinny on the will bit.
 
Hi guys,


Trying to help out the executor/trix of their family member's estate who had firearms. They are within the initial 180 day grace period and the deceased had a current LTC at time of death.

All of the individuals who would be inheriting the firearms have current LTC's as well.

From reading the sticky, it would *seem* that each inheritor can file an Inheritance transaction on the Massachusetts Gun Portal, but not 100% sure?

Just wondering what the best next steps would be and what options are available?

Thanks in advance
 
Hi guys,


Trying to help out the executor/trix of their family member's estate who had firearms. They are within the initial 180 day grace period and the deceased had a current LTC at time of death.

All of the individuals who would be inheriting the firearms have current LTC's as well.

From reading the sticky, it would *seem* that each inheritor can file an Inheritance transaction on the Massachusetts Gun Portal, but not 100% sure?

Just wondering what the best next steps would be and what options are available?

Thanks in advance

There is no "180 day grace period" to get rid of guns, forget that misinformation.

Inheritance means that the distribution was laid out in a will, not that the executor decided who gets what.

NEVER use the inheritance option, if you really want to know why take my MA Gun Law Seminar, otherwise take my word for it (or read some of my posts on that issue).

If it is a genuine "inheritance" (laid out as such in the will), use Registration with NO info on source of the gun, just info on gun and new owner.

If it is the executor deciding to split up the guns, then the executor can only do 4 FTF eFA-10 transactions/calendar year (assuming all parties are in MA, otherwise MUST use an FFL per Fed Law) or use an FFL to do any/all of them (assuming handguns are all on the MA EOPS Roster and AG compliant). These are just normal transfers between parties for a case like this.
 
There is no "180 day grace period" to get rid of guns, forget that misinformation.

Inheritance means that the distribution was laid out in a will, not that the executor decided who gets what.

NEVER use the inheritance option, if you really want to know why take my MA Gun Law Seminar, otherwise take my word for it (or read some of my posts on that issue).

If it is a genuine "inheritance" (laid out as such in the will), use Registration with NO info on source of the gun, just info on gun and new owner.

If it is the executor deciding to split up the guns, then the executor can only do 4 FTF eFA-10 transactions/calendar year (assuming all parties are in MA, otherwise MUST use an FFL per Fed Law) or use an FFL to do any/all of them (assuming handguns are all on the MA EOPS Roster and AG compliant). These are just normal transfers between parties for a case like this.

Thanks for the clarification Len.


Would need to confirm whether the handguns are on the roster -- what happens in the case of older ones that may not be on the list, would a dealer still perform a transfer in that case?


In the case of an eFA10 personal transfer, would the executor need to use their info as the seller?


Thanks
 
I assume you would want to leave instructions for the executor to transfer specific non-roster guns (post1994 Glocks, free-state versions w/out safety BS, etc) via the efa10 and save the others for ffl transfer .
 
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Thanks for the clarification Len.
Would need to confirm whether the handguns are on the roster -- what happens in the case of older ones that may not be on the list, would a dealer still perform a transfer in that case?
In the case of an eFA10 personal transfer, would the executor need to use their info as the seller?
Thanks

No, most dealers won't transfer handguns that aren't on the roster, it's a criminal offense and the FFLs probably don't want to spend years in jail plus $10-20K on a useless defense.

All eFA-10s for personal transfer eats up one of four/calendar year FTF transfers by the person giving/selling the gun. Yes in those cases MGL requires info on who transferred the gun.


I assume you would want to leave instructions for the executor to transfer specific non-roster guns (post1994 Glocks, free-state versions w/out safety BS, etc) via the efa10 and save the others for ffl transfer .

No need.

A properly written will avoids ALL FFLs and can be directly given to the named person, even across state lines. The new owner (if in MA) just does an eFA-10 as Registration.
 
That's good to know. How about legally owned pre-1994 and pre 7/20 AR15s? Still protected by a will or firearms trust?
 
Let me comment on the trust.

The beauty of a trust is that the owner of the firearm never changes. The trust continues to own the firearms. What changes is the trustees. The beauty of a trust is you can change who controls a firearm without ever actually doing a transfer because the trust remains the owner of the firearm.

I know people who prior to PA13-3's passage in CT, put every AR they owned into its own trust. This effectively allows them to transfer the firearm to another person by writing the other person into the trust as a trustee and writing themselves out of the trust.

Also, one clarification on what Len said. If you are transferring out of state, you need to go through a FFL only on the receiving end of the shipment. A non-licensee (non-ffl) can ship a firearm directly to a licensee (ffl) in another state. Who completes the transfer to the recipient in compliance with federal and local laws.

Don
 
Simple question I think, on details and logistics, and revealing I'm not the biggest gun guy here on the board:

I've been sent a copy of the will, my name is expressly stated to inherit the guns and accessories.
So after reading 7 pages here I understand I just fill out the EFA-10, register and done.
Questions on the details though:
When the guy dies, I assume I will get a call from the lawyer/executor whomever...I will need to drive to the deceased house and have someone let me into the safe to grab the items, someone would "inventory" it I presume for whatever legal purpose....My question specifically is: am I bringing a laptop with me and EFA-10ing these things right there at the guys house? Will the lawyer make me do that? (dumb question I know)...or I am clear to simply take the guns and do this some time after I get home?
Follow up: like I say, I'm no the biggest gun guy, what if this guy has some rare pieces I cannot identify and I need to EFA-10 them? Is that when I post pics here??
 
Whatever the lawyer demands. Legally you have 7 days to register all of them. NES (with pics)or Google should ID anything strange.
 
Can someone explain exactly how you go about willing someone a firearm? Can your will simply state that you want your Glock 34 to go to your son John A. Smith, and your Glock 26 to go to your cousin Jason B. Smith? Or does it have to specifically identify each firearm by make, model, and serial number? Or can you just say I want both my Glocks to go to Jason B. Smith and both my rifles to go to my son John?

And, is there any benefit to having a gun trust if you live in MA and DO NOT own any short barrel rifles or full autos?

Thanks,
Cuz.
 
Cuz, it is as simple as stating the name of the person a particular gun (or all the guns) are to go to in a Will. Since MA only recognizes the name of the person on the FA-10 form (and it can't be a trust or corporation) as the owner, there doesn't seem to be any advantage for non NFA guns in MA. You can check with a firearms attorney and see what they have to say about it.
 
Thanks Len.
I understand that I need to verify any info received here, but in your (much valued) opinion, would the following statement in a will suffice, assuming everyone involved is a MA resident?

“Regarding my Firearms collection, I want one third of them to go to my spouse if she survives me, and the rest divided equally between my son John Smith, and my daughter Mary Smith. “

I want to be able to put in a general statement that works if I have 3 guns or 13. I don’t want to have to change it every time I buy or sell a gun. The above statement also assumes all parties have their MA LTC.

- Cuz
 
Thanks Len.
I understand that I need to verify any info received here, but in your (much valued) opinion, would the following statement in a will suffice, assuming everyone involved is a MA resident?

“Regarding my Firearms collection, I want one third of them to go to my spouse if she survives me, and the rest divided equally between my son John Smith, and my daughter Mary Smith. “

I want to be able to put in a general statement that works if I have 3 guns or 13. I don’t want to have to change it every time I buy or sell a gun. The above statement also assumes all parties have their MA LTC.

- Cuz

I agree with you as one can't predict years in advance exactly what guns they will still have. Then you just hope they don't fight over any particular gun when the time comes, but you have covered the law. There is no requirement to list them by mfr/model/S/N. The law also allows those to inherit the guns to obtain their LTC, assuming nobody is DQ'd at that time. A lawyer can help with the wording and if he's not familiar with our gun laws, better to use one that is.
 
“Regarding my Firearms collection, I want one third of them to go to my spouse if she survives me, and the rest divided equally between my son John Smith, and my daughter Mary Smith. “

Often times, the best thing is simply to work out in advance with the person who will be the executor of your estate, and a blanket "my firearms are to be distributed to my listed heirs above per the direction of the executor" statement.

My wife and I have each other listed as executor. If both of us are gone, we've listed one of our children as executor. My wife knows my wishes for the things that should be going to the kids even if she is alive, and the child we've chosen knows how things from both of us should be spread around if we're both gone.

Sure, people change, but if you know you can trust the child you select, and you've told everyone else what they're getting in the presence of that particular child, you can cover it that way. Is there a chance that a p***ing contest will break out between the kids? Perhaps, but if everyone has been told up-front about the specific item disbursement, that can hopefully be minimized.

Now, if you don't have at least one child you'll trust to hold to your wishes, all bets are off. My wife still talks about a group of relatives who literally raced back to their mom's home straight from the cemetery and engaged in a grabbing contest for items in the house, including things like the bank books. [rolleyes]
 
If you don't think your heirs can work it out then put in some simple rules for the executor to follow. My brothers and I drew straws then we went round robin and donated what was left.
 
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