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Concealed Carry

Reviews  Towns Served

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:

  1. Transfer the firearms to a dealer.
  2. Transfer the firearms to a person who has the appropriate FID/LTC.
  3. 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.

 Please put your PIN in your phone, file, and with a magic marker on the back of your LTC/or FID.
  
 For Ma. Firearm Transaction List;  https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans choose the option you need.
 _________________________________________________________________________________________________________

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

Gun Sense #43, Ma. Gun Registration Misconception

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.

NOTE:

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.

http://www.mass.gov/eopss/firearms-reg-and-laws/frb/approved-rosters/

Anything NOT mentioned obviously is NOT approved…..but that does not necessarily mean they can not be legally owned.

Mark Shean,  About Me

Reviews  Towns Served

FYI,  Revised 8-13-2014

www.mafirearmsafety.com

 

 

5 Responses to “Gun Sense #36, E-FA10 Form, Inheritance and Other Firearm Transactions”

  • Bill says:

    Wow, got my first LTC in MA when I was 18, long ago. I have had LTCs in multiple states & foreign countries since and am amazed by what has become of the Commonwealth’s laws as I read your web page (which I compliment you on). I was hoping to gift a 1908 mfg Smith and Weson to a relative still resident in MA, from me in TX via an FFL in MA. Obviously not a gun on the state list, I am wondering if it is even possible, Do they prohibit gun collecting? After wading through the MA gun laws I am glad to be a Texan, no offense intended.

  • Mark Shean says:

    Hello Bill, No offense taken, I am not originally from Ma. I am from The Pine Tree State, Maine. Yes you can ship that S&W through an FFL there to an FFL here for your relative to pick up. Here an E-FA-10 form will be filled out at a nominal fee and if your relative is licensed he can pick it up. Sincerely, Mark

  • Bill says:

    Thanks, Mark, appreciate your insight.

  • Paula Tennison says:

    Please , can you give me any information that could help me to find out what happened to my Dads possessions he had # 3 guns . This question is just related to what happened to the guns? I was married at the time of my Dads death. My Mother had cancer and was in the Massachusetts General Hospital very ill. I have 1 sister who is mentally retarded & unable to care for herself. She was put in a nursing assisted living facility. My Mom had all my fathers things stored at her low income housing apartment on Washington street in Somerville The Cobble Hill apartments. At the time of my Fathers death 2/10/1981. My Mom died 4/26/1986. My sister took possession of some things, i am not sure what? She has no memory of the whole ordeal.I was making funeral arrangements & busy with my own family & baby. The apartment was abandoned eviction was made. I never heard from anyone regarding the firearms? We were all very poor and did what we could. But to this day i have no idea how to find out what happened to the guns. My Dad was a security officer for many years also, a Marine Cor.veteran. He was very proud of these items. This is the only way i can think of to try and find out this information. Please I know it’s been a long time . My husband had a kidney transplant has been ill for years. I wonder is there a statue of limitation? I DO HAVE SOMEONE WHO could legally obtain the items a very dear brother in law i would really like for him to have them and have one last look at these myself if possible. This was the only memory I would know since the loss of my Dad. Thank you Sincerely for any help. Paula

  • Mark Shean says:

    Hi Paula, I would start with the police in that town or with the apartment owners. If you do not know what the guns were or know the serial numbers it is going to be very difficult to explain what you are looking for. I would say that after all this time the chance of retrieving them is more than slim. You could try the owners of the apartment where they had lived, maybe they found them and kept them? Or someone cleaning out the home found them and took them? I would be surprised if you could find them at this late date. The police are under no obligation to store them very long, and after six months can auction guns to gun dealers or destroy them….. I am sincerely sorry that I could not be more helpful.

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