Police want my Dad's gun

[bobmet]

Lawyer.

 

[TLB]

Not really.. there was another thread on this here maybe 2 months ago... Exact same thing. Pit Bull Lawyer involved... Ultimately cops got the guns...

Husband went down hill, cops revokes the LTC, Told the wife to turn them in, she tried to hold off, but ultimately had to give in. I tried to look for the thread...

ETA: Found it

https://www.northeastshooters.com/xen/threads/legal-question.479499/

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.]

All good. Transfer done, much easier than expected. Thank you @nstassel
Seriously, Neil is the guy to call!

And thanks to everyone for the input, much appreciated! Been a tough year, Alzheimer's is an absolutely brutal, heartbreaking disease. My Dad was a very successful, smart man...but did not prepare for the possibility of this disease which runs in the family. And it's been alot harder without propper planning on my mom & dad's part. I will not make the same mistake!

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.

 

[Yazz]

View: https://youtu.be/nyFgdTIzfXo?t=2

 

[namedpipes]

Could this be a case of he sold it to you a while ago and never did the paperwork? Isn’t the transfer requirement on the seller?

What is the statute of limitations on failing to fa-10 a transfer? I hope the transfer was at least that far back.

 

[40 Creedmoor fan]

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]

@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.

 

[milktree]

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.

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]

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.