Personal sales now under the new law

[drgrant]

What’s the deal with using statute of limitations on not FA-10 ing a build or frame acquisition as a “thing”?

I want to say the paper gun violation thing was like 5 or 6 years but that still doesn't stop police from attempting to file bogus charges as outlined above. Police that actually charge people over 128 A/B violations are basically the biggest douchebags on the planet so they're just going to do whatever they want anyways. Evidence? Who needs that?

 

[chris_1001]

I want to say the paper gun violation thing was like 5 or 6 years but that still doesn't stop police from attempting to file bogus charges as outlined above. Police that actually charge people over 128 A/B violations are basically the biggest douchebags on the planet so they're just going to do whatever they want anyways. Evidence? Who needs that?

Yup. Charge first, deal with the lawz later.

 

[M1911]

That would just be more garbage police work because there isn't any consistency/linking between the events. Most dealers don't even file FA10s when they take shit in they just put it in their books and then it goes out to somebody else. So more charges based on "assumptions" vs facts.

If Mr. I M Screwed registered a purchase of the gun two years ago and now Mr. I M Effed owns it (and he didn’t move into MA in the meantime), then that is pretty convincing evidence that I M Effed didn’t record the purchase, probably because I M Screwed didn’t record the sale. Yes, I M Screwed could have sold the gun to a dealer and if he did then he can successfully defend himself.

 

[M1911]

I would like to know what the statute of limitations is for failing to register a transfer. Asking for a friend.

 

[drgrant]

If Mr. I M Screwed registered a purchase of the gun two years ago and now Mr. I M Effed owns it (and he didn’t move into MA in the meantime), then that is pretty convincing evidence that I M Effed didn’t record the purchase, probably because I M Screwed didn’t record the sale. Yes, I M Screwed could have sold the gun to a dealer and if he did then he can successfully defend himself.

Nope. I can think of 3+ easy contingencies that still clear the guy. Regardless this doesn't matter because cops that apply this charge don't really give a shit.

 

[drgrant]

I would like to know what the statute of limitations is for failing to register a transfer. Asking for a friend.

It's either 5 or 6 years for all paper gun violations in mass. I forget which I'd have to go back and look it up again. This won't stop shit cops from applying charges but it's probably a viable defense if you have the documentation.

 

[KH56010]

That's a very high degree of confidence.

MGL Ch. 140, s 121B still says:

(e) Whoever fails to register a firearm in violation of subsection (a), or fails to report a transaction, loss or theft in violation of subsections (b) or (c) shall be punished as follows: (i) by a fine of not more than $1,000 for a first offense;

You have to read the entire section your quoting. Specifically (F) and then to understand how (F) applies to this thread, skip ahead about 93 pages in the law and read about why section (E) is meaningless.

 

[nstassel]

You have to read the entire section your quoting. Specifically (F) and then to understand how (F) applies to this thread, skip ahead about 93 pages in the law and read about why section (E) is meaningless.

Gee thanks bruh!

 

[not new guy]

Don’t give nstassel free legal advice.

 

[paul73]

Gee thanks bruh!

View attachment 1003923

it is so nice when good people explain, ain`t it?

 

[drgrant]

@M1911 as an aside not sure if you knew him but I went to a meet up where the esteemed sir Swatgig (rip) was in attendance. He mentioned to me in passing that he had a client who was accused of failure to register. He said the guns were clearly well outside of the statute of limitations but the cops didn't care and still charged him anyways. I think it's a combination of malice but also just willful ignorance in terms of the fact that they don't really understand how 128 A/B actually works. It's pretty clear that some of the shitty PD's and shitty officers just like racking up a score.

 

[Mark from ?]

@Mark from ? Most of these assertions are probably bogus like they don't even know that you might have brought the thing into the state yesterday and just didn't get around to registering it yet. There are all kinds of elements that they really should have to prove, but when bringing charges they just do the bologna throwing instead of actually bringing evidence.

I fully agree the circumstances around having an unregistered firearm could be so many no one knows......

 

[sig shooter]

Panic We’re all going tah jail.

 

[drgrant]

I fully agree the circumstances around having an unregistered firearm could be so many no one knows......

Well there are a ton of lawful ways you could have guns not in the MIRCS database.

But shit-town cops dont give a shit why its not there, even if you are incontrovertibly legal and you can show proof at time of charging. Namely because theyll never get called out for overcharging, unless its the only charge, which it never is. It's all part of a cheap, dirty hack to induce pressure on the accused to suck for a plea or whatever.

 

[Ricky Bobby]

Well there are a ton of lawful ways you could have guns not in the MIRCS database.

But shit-town cops dont give a shit why its not there, even if you are incontrovertibly legal and you can show proof at time of charging. Namely because theyll never get called out for overcharging, unless its the only charge, which it never is. It's all part of a cheap, dirty hack to induce pressure on the accused to suck for a plea or whatever.

Most cops don't know shit about firearms laws, they'll arrest/charge you and sort it out later. It's OK for them to make mistakes but not you.

 

[nstassel]

Interesting that this discussion is going on now. Yesterday a DA and a police department tried to get me to have a client plead guilty to a failure to register three transfers. They went through all my guys transfers in the mircs records. They found three in which the sellers had more than four private transfers and therefore they concluded that those efa10s didn't count bc in their twisted logic the seller wasn't authorized and my client should have done another efa10. Yes that was their theory. My response was that neither they nor the police had any idea how the efa10 process works.

These are the morons running the asylum.

 

[Broc Tuah]

Panic We’re all going tah jail.

All I ask is that I don't have to share a cell with Reptile.

 

[MAJoe]

Interesting that this discussion is going on now Yesterday a DA and a police department tried to get me to have a client plead guilty to a failure to register three transfers. They went through all my guys transfers in the mircs records. They found three in which the sellers had more than four private transfers and therefore they concluded that those efa10s didn't count bc in their twisted logic the seller wasn't authorized and my client should have done another efa10. Yes that was their theory. My response was that neither they nor the police had any idea how the efa10 process works.

And even if true, how would any buyer know that? The system does know, and does nothing to prevent or notify when >4 sales.

 

[Ricky Bobby]

Interesting that this discussion is going on now. Yesterday a DA and a police department tried to get me to have a client plead guilty to a failure to register three transfers. They went through all my guys transfers in the mircs records. They found three in which the sellers had more than four private transfers and therefore they concluded that those efa10s didn't count bc in their twisted logic the seller wasn't authorized and my client should have done another efa10. Yes that was their theory. My response was that neither they nor the police had any idea how the efa10 process works.

These are the morons running the asylum.

I assume the person had other charges that led up to them going through his/her firearms?

Crazy that even the DA didn't understand the EFA10 process.

 

[M1911]

Interesting that this discussion is going on now. Yesterday a DA and a police department tried to get me to have a client plead guilty to a failure to register three transfers. They went through all my guys transfers in the mircs records. They found three in which the sellers had more than four private transfers and therefore they concluded that those efa10s didn't count bc in their twisted logic the seller wasn't authorized and my client should have done another efa10. Yes that was their theory. My response was that neither they nor the police had any idea how the efa10 process works.

These are the morons running the asylum.

Jesus H Christ.

 

[MaroonedinMA]

I think you fools are being cavalier with the law and it's gonna come back and bite you. Then you'll be all "wah, I need a go fund me."

Personally I register 2 guns for each 1 that I acquire, just to be safe.

Your move, MIRCS.

 

[M1911]

I assume the person had other charges that led up to them going through his/her firearms?

Crazy that even the DA didn't understand the EFA10 process.

Or just typical malevolence? It may well be that the other charges are things that the ADA isn’t sure will stick. So they and the PD are just throwing stuff against the wall. Most defendants are broke and have public defenders who pressure them to plead out. Lather, rinse, repeat.

 

[chris_1001]

All I ask is that I don't have to share a cell with Reptile.

If by chance you do, I’m sending you some lingerie and you two can figure out who’s wearing it!

 

[Dench]

Nope. I can think of 3+ easy contingencies that still clear the guy. Regardless this doesn't matter because cops that apply this charge don't really give a shit.

When i renewed my ltc for the last time in 2019 i had the licensing officer look up my guns. No joke, it was missing 75% of the guns i bought both at local shops and guns i bought face to face.

When he showed me i didn't even say anything

So, records keeping is ass.

 

[Amputee Marksman]

Interesting that this discussion is going on now. Yesterday a DA and a police department tried to get me to have a client plead guilty to a failure to register three transfers. They went through all my guys transfers in the mircs records. They found three in which the sellers had more than four private transfers and therefore they concluded that those efa10s didn't count bc in their twisted logic the seller wasn't authorized and my client should have done another efa10. Yes that was their theory. My response was that neither they nor the police had any idea how the efa10 process works.

These are the morons running the asylum.

The real question here is are they going to go after the culprits who had greater than four transfers.

 

[nstassel]

I assume the person had other charges that led up to them going through his/her firearms?

Crazy that even the DA didn't understand the EFA10 process.

Not really. They suspended his license because he made a huge number of transfers that got the ATF's attention who then reported it to the local PD. I'm trying to get an AWB charge and a bunch of charges of exceeding 4 per year.

 

[nstassel]

The real question here is are they going to go after the culprits who had greater than four transfers.

I was wondering that too, which is what my guy is facing too.

 

[Ricky Bobby]

Not really. They suspended his license because he made a huge number of transfers that got the ATF's attention who then reported it to the local PD. I'm trying to get an AWB charge and a bunch of charges of exceeding 4 per year.

Thank you for the back story, you hear about charges and wonder how they got to that point.

 

[Mark from ?]

Not really. They suspended his license because he made a huge number of transfers that got the ATF's attention who then reported it to the local PD. I'm trying to get an AWB charge and a bunch of charges of exceeding 4 per year.

Personal transfers or FFL transfers? You can transfer as many as you want via FFL transfer, that goes in their book, and they do the transfer to the new person.

So.....If personal.......How does the ATF see a huge number of FA-10 transfers?

I'm not naive to think they don't have access to that shit database...but........really they are gonna charge someone off that POS?

 

[nstassel]

Personal transfers or FFL transfers? You can transfer as many as you want via FFL transfer? so.....If personal.......How does the ATF see FA-10 transfers?

I'm not naive to think they don't have access to that shit database...but.....

When the ATF inspected a dealer's book they saw and unusual number of sales to him and that raised their concern that he was in business which they shared with the local PD who pulled the mircs information.