When a gun owner dies, the “heir or legatee” is not immediately in illegal possession if they do not have a license. Chapter 140, § 129 gives a 180 day exemption. By the end of 180 days, the person in charge of the estate should have either done one of three things:
- Transfer the firearms to a dealer.
- Transfer the firearms to a person who has the appropriate FID/LTC.
- Or, applied for an extension of the time period to the chief of police
- If the deceased had a MA license: It appears that an E-FA-10 could be filled out during this 180 day period, with the deceased person’s information as the seller, and the new owner as the buyer. The executor/executrix should sign [her name] for the estate of [deceased’s name].
- If it has been longer than 180 days, or the deceased did not have a current LTC, then the sales must go through a licensed dealer.
- If the inheritor is out of state, then have the executor/executrix ship the guns to a licensed dealer in that state OR have the inheritor pick them up directly.
- Inherited guns still need to be transferred with the Ma. E-FA-10 form! Inheriting Across State Lines: If a MA resident with an LTC/FID inherits guns from a deceased person out of state, they may go directly and pick up those guns (provided it is lawful for them to possess those guns in that state as a non-resident). Although the federal government prohibits private transfers across state lines, it does make an exception for “direct bequest or interstate succession.” This is especially handy when we are talking about a person inheriting handguns that may not be “MA compliant”. Inherited guns still need to be transferred on an E-FA-10 form.
The electronic ‘E’-FA-10 will be used in place of the paper firearms transaction forms as of 8-13-2014, (E-FA-10) used by Ma. residents to report firearms transactions to the Firearms Records Bureau (FRB) as required by G.L.c.140, §§ 128A and 128B. E-FA-10 is an Internet-based application that allows residents of the Commonwealth to safely and securely submit firearms transfer records electronically from any Internet-enabled computer.
In order to utilize the E-FA-10 system, you will need your firearms license number and personal identification number (PIN). The ONLY way you will be able to complete your firearm transaction, ( E-FA-10) will be with your State provided Personal Identification Number (PIN). If you did not receive a PIN or can’t find it, call the Firearms Records Bureau at 617-660-4722 Monday through Friday between 9am and 6pm.
Generate Firearms License Validation Use this link to prove your license is valid before you buy any firearm from a gun show, individual, or gun shop. Know your PIN #.
Again, for any other questions if you don’t see your answer on this page, “Firearms Record Bureau”. FRB, 200 Arlington Street, Suite 2200, Chelsea, Ma 02150 617-660-4722
No person to person interstate transactions are allowed using these forms, for other than, “direct bequest or interstate succession.” You could consult a Gun Dealer.
In Ma. The E-FA-10 form is not a gun registration form, it is a transfer of ownership form, from the gun store to you, or from you to another person. By law it can NOT be used to determine what you own unless a firearm is part of a criminal investigation. Here is the statute that defines this;
NOTICE: FIREARMS RECORDS are EXEMPTED from the PUBLIC RECORDS statute. G.L c.4,§7 (clause twenty-six)(j). FRB may not disseminate firearms records “to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request.” G.L. c. 66, § 10(d).
See (GS#43 & GS#45) also.
Link below are guns approved in Ma., copy and paste.
Anything NOT mentioned obviously is NOT approved…..but that does not necessarily mean they can not be legally owned.
Mark Shean, About Me
FYI, Revised 8-13-2014