Review of Chapter 135 seize/surrender law

[GOALJim]

SeizeSurrender

www.goal.org

 

[The Anchor]

Chapter 135 Seizure/Surrender Language Review
Chapter 140, Section 129D

The following is a basic summary of the new language in Chapter 135 and should be NOT taken as an entire legal representation of the complete language.

If a License to Carry, Firearms Identification Card, or Temporary License to Carry (Non-resident) is revoked, suspended or an application is denied the person must:

1. Immediately deliver or surrender all firearms and ammunition to their local licensing authority. (It is unclear how a non-resident would be required to comply. The new law requires all registered firearms be surrender, so the key might be that nonresidents entering the state must register their firearm unless they a traveling through.)
2. The delivery or surrender must be reported on the new registration system.
3. The licensing authority must due care of all property turned over.
4. The person or their legal representative can within 1 year their property to a licensed retailer or another license person.
5. The request must be done in writing.
6. The licensing authority has 10 days to comply.
7. The licensed retailer of licensed person must certify in writing that they will not “transfer” the property back to the original owner. (It is interesting that it does not talk about access in general.)
8. No transfers area allowed if the firearm is evidence in any pending criminal investigation.When the licensing authority takes possession they must inform the owner, in writing, of their right to transfer their property.
9. The licensing authority may transfer possession of the property to a licensed retailer who operates a bonded warehouse unless the property might be evidence in a crime. (Without the owner’s consent.)

Possession by a Retailer

1. The retailer must inspect the firearm or ammunition.
2. The retailer must issue a detailed receipt.
3. The owner is responsible for all storage fees even if they did not consent to the storage.
4. The retailer can submit the property for auction by the state if the property has been stored for more than one year.
5. The retailer can submit the property for auction if the storage fees are behind by more than 90 days.
6. After the auction all fees must be paid first, if there are any funds left they will be forwarded to the original owner.

Firearms not Disposed

1. Firearms and ammunition not disposed of within 1 year shall be sold at public auction by the colonel of the state police.
2. Sold to the highest bidding person legally permitted.
3. All proceeds will be put in the State’s general fund.

Any firearm or ammunition that has been used to carry out a criminal act or is prohibited by law from being owned or possessed within the commonwealth must be destroyed by the colonel of the state police.

Determination of Lawful Ownership

1. If the licensing authority cannot determine a lawful owner within 180 days:
2. They can trade or dispose of any firearms or ammunition to a licensed distributors or firearms retailers.
3. The proceeds shall be used to purchase firearms, equipment or supplies or for violence reduction or suicide prevention.

Licensing Authority Reporting Requirements

1. The licensing authority shall report the delivery or surrender or seizure of firearms and ammunition to the state via the registration system to include:
2. Date of delivery, surrender or seizure.
3. Make, model, serial number and caliber of the firearm delivered, surrendered or seized and any identifying information for ammunition delivered, surrendered or seized.
4. Grounds for surrender or seizure.
5. Whether the firearm or ammunition is prohibited by law from being owned or possessed in the commonwealth.
6. Whether the firearm or ammunition was classified as having been used to carry out a criminal act.
7. Information on the possession, storage, transfer, sale and any income derived therefrom.
8. The destruction or other disposition of the firearm or ammunition. Upon submission of this information, the system shall automatically report back to the licensing authority whether the firearm is registered, serialized, reported lost or stolen or potential evidence in a pending criminal investigation.

 

[HorizontalHunter]

Nothing more than legalized theft of personal property.

 

[APFSDS]

The state just issued guidance that if you already have your guns in the EFA-10 database they will be auto-registered. How do you turn in all the guns you “own” in this database if you sold them? There was/is (for now) no requirement to report transfers out of state etc. This law is once again a dumpster fire. I cant wait to move.

ETA: what if the guns are out of state? How can they compel surrender if the guns are not in their jurisdiction?

 

[Palladin]

Temporary License to Carry (Non-resident) is revoked, suspended or an application is denied the person must

Who's going to come to NH and attempt to get me to surrender my firearms????

Seriously, these a**h***s don't even know what they're writing anymore

 

[Foudre]

Temporary License to Carry (Non-resident) is revoked, suspended or an application is denied the person must

Who's going to come to NH and attempt to get me to surrender my firearms????

Seriously, these a**h***s don't even know what they're writing anymore

Massachusetts will probably try to strike some bullshit deal with New Hampshire that allows them to carry out "interstate enforcement" or something retarded like that. Never underestimate the arrogance and entitlement of politicians and bureaucrats in this stupid place. As long as New Hampshire tells Mass to pound dirt there should be no issues for NH residents.

 

[Palladin]

Massachusetts will probably try to strike some bullshit deal with New Hampshire that allows them to carry out "interstate enforcement" or something retarded like that. Never underestimate the arrogance and entitlement of politicians and bureaucrats in this stupid place.

that will never happen, they won't even attempt it. Back during covid NH sued MA to stop them from taxing NH citizens working from home. Of course, NH lost in MA court, so NH immediately passed a law stating it was illegal for another state to tax NH citizens working from home!

 

[LakeTrout]

Let’s start posting these in the MA gun law forum, please.