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Police want my Dad's gun
- Thread starter ProGun
- Start date
The police never got the guns. Keith Langer made it clear that wasn't going to happen.
Post in thread 'Legal question' https://www.northeastshooters.com/xen/threads/legal-question.479499/post-9182382
Chris M.
NES Member
Excellent. Very glad to hear this. Is there anything general you could share that we should know to prepare similarly? If not no problem. Glad it worked out.
namedpipes
NES Member
What is the statute of limitations on failing to fa-10 a transfer? I hope the transfer was at least that far back.
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New Mass law requires a gun to be transferred IF borrowed for more than 7 days. Unless you have a power of attorney, you cannot make a transfer on your dad's behalf. If that is the case, you are illegally possessing a firearm and you need to contact an attorney that specializes in firearm related legal matters.
Bodhisattva
NES Member
@ProGun, I’m sorry you’re going through this. It’s brutal. I deal with it daily at work and watched it take my Grandfather. It’s a shitty, long, brutal process for everyone involved. Don’t lose sight of all the good memories, especially when things are or are getting bad. Nothing will ever be strong enough to take that away from you or your family.
Even when you’re doing the right thing you’re still gonna feel like a piece of shit. That’s a normal feeling. At this point it’s about quality of life, not quantity of life.
Make sure everyone in the family is always up to speed and kept in reality with what’s going on, and that they understand the inevitable. And again, don’t lose sight of the good stuff. That’s where you where you want the memories to remain.
Even when you’re doing the right thing you’re still gonna feel like a piece of shit. That’s a normal feeling. At this point it’s about quality of life, not quantity of life.
Make sure everyone in the family is always up to speed and kept in reality with what’s going on, and that they understand the inevitable. And again, don’t lose sight of the good stuff. That’s where you where you want the memories to remain.
1) It's impossible for the state to know when that seven day window starts.
2) It's not required and impossible to report/register a loan to comply with §121B(b) at this point, and will continue to be so for at least another year (or two?) Read SECTION 157 of H.4885
3) No, you're not illegally possessing the gun, you're simply guilty of failing to register it. The two are not the same.
Rob Boudrie
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I know of a case where an individual's aunt had turned in a gun from (I think) her deceased husband.
The individual went to the PD to retrieve the gun and was told hit was never surrendered, and they don't have it.
Now for the gun part......
The individual showed his badge from a nearby town department and said somehting like "The officer probably has not just had time to log it in. I'lll back tomorrow for the gun". The gun was logged in as volutary surrender when he went back, and he got the gun.
The individual went to the PD to retrieve the gun and was told hit was never surrendered, and they don't have it.
Now for the gun part......
The individual showed his badge from a nearby town department and said somehting like "The officer probably has not just had time to log it in. I'lll back tomorrow for the gun". The gun was logged in as volutary surrender when he went back, and he got the gun.
Sabougolden
NES Member
DON'T YOU COMPLY!!! LEO KEEP THERE GRUBBY PAWS OFF THAT!!! MOST LEO DONT EVEN KNOW HOW TO CLEAN THAT WHEEL GUN... LOL!!!!
Here’s a story.
The now disgraced with permanently revoked LEO credentials police chief of my town, was under investigation for a bunch of totally separate things. During that investigation, a handgun had been voluntarily surrendered by a widow. Said police chief kept it and sold it for personal profit.
That was just one of the small things he was doing. He was also growing marijuana in the evidence room. Ordering supplies meant for the town and PD for use in his personal landscaping business. Doing the same with the federal 1033 program, including signing off as the approving authority himself. Committing timecard fraud claiming to be working while off on vacation. Violating the state’s inmate trustee program, which is what started the whole investigation in the first place. He allowed a state prisoner unsupervised access to the PD in which the convict took a police cruiser with loaded rifle for a joy ride around town. Maybe thousands of calls to his girlfriend on the towns phone. And eventually broke into and stole drugs from the evidence room!
I’ll see if I can find it, but I just saw a video in which a woman had a handgun confiscated by police. I don’t remember why, but it was probably a bogus reason seeing as how the court ordered it returned to her. They then claimed they couldn’t return it because it had a defaced serial number. Their original report mentioned nothing of this and listed a serial number (that corresponds correctly to the woman’s own records). Hmm.
Do the math. Either they stole her gun and are trying to swap in a throw down or they defaced it themselves to be a throw down. Or something along those lines.
Do the math. Either they stole her gun and are trying to swap in a throw down or they defaced it themselves to be a throw down. Or something along those lines.
MisterHappy
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Geez - with that attitude, you should post some stuff in the cops behaving badly thread.
I'm sure it's just lost behind a couch, or in a drawer somewhere.
Rob Boudrie
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Executors have unlicensed possession rights for a period of time after death, as well as the legal authority to transfer the decedent's gun in accordance with the will and report it on an eFA10.
All of this is irrelevant if you do not have a will and a designated executor. If one acts quickly, the response should be "The guns have already been transferred by the executor, here is the MIRCS printout confirming the eFA10 was filed.
All of this is irrelevant if you do not have a will and a designated executor. If one acts quickly, the response should be "The guns have already been transferred by the executor, here is the MIRCS printout confirming the eFA10 was filed.
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ThePreBanMan
NES Member
Fill out the FA-10, select "register," and it's now officially yours...
Garys
NES Member
Totally out of curiosity, but does the Personal Representative (Executor) get a license of some sort? IOW, how can they do a transfer if they don't have a number?
dcmdon
NES Member
One other thing to remember is that the cops' authority ends at the state line.
"The gun is in another state and won't be coming back into MA", should shut them down. They will of course tell you that they need to know where it is.
They don't.
"The gun is lawfully possessed by another person in another state."
"The gun is in another state and won't be coming back into MA", should shut them down. They will of course tell you that they need to know where it is.
They don't.
"The gun is lawfully possessed by another person in another state."
dcmdon
NES Member
Oh no. I'm suggesting to make it true.
Rule #1, never talk to the cops. If you ignore that #2, never lie to the cops.
I knew someone who became the subject of a protective order in CT. He moved them to a FFL in another state. The cops showed up looking for them. He said they were at a FFL. They said they wanted to see paperwork.
He repeated "I am in full compliance with the protective order" dozens of times. No thinking. Just say the same dumb thing over and over. The cops eventually left. Very frustrated.
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Which is why everyone should have a trusted family member or friend hold a durable power of attorney. You can easily prepare one from an online template and get it signed and notarized.
blindndead
NES Member
Well I would try my best to figure it out before the no knock raid at your place at 2a.m. think what could happen to your dog or if you have kids be careful. Why not just call the Chief directly and see if you can explain the situation? Sorry Just noticed your update. Sometimes its just a matter of communication.
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