Things happen sometimes that are not under our control, we are all susceptable to being blindsided from time to time. If someone pulls a 209A restraining order against you for instance while they are having an alcohol induced fit ect., and suddenly the police are there taking your firearms/ammo away, here is something for you to consider.
At the time of confiscation, by law, the police are supposed to do two things.
1. As of 8-13-2014 under bill H.4376, If your firearms are confiscated by the licensing authority, (the police) shall at that time inform the person(s) in writing of their ability to transfer their firearms to an independently licensed individual OR dealer, after the 209-A has been terminated by the court, plaintiff, or expires and is not renewed.
2. The officer shall, at the time of confiscation, provide to the person whose firearm(s)/ammo has been confiscated, a written inventory and receipt for any/all of the firearms/ammo confiscated, and the officer and his employer shall exercise due care in the handling, holding and storage of these items. Nothing listed on the inventory should mysteriously be ‘missing’ later on when/if the court terminates the disqualifing conditions…..
So now that you know this, if there is someone that you can trust, and will help you, this is a templet letter he/she can use to present to the police in order to legally take custody of your firearms at the termination of the 209-A, should you want to transfer them at that time instead of taking them back, otherwise barring any other condition that may prevent you from taking them back yourself the court should release them back to you.
I John Q. Doe II, LTC # 12345678A, of 123 Main St. (name of town) zip code, phone #. With the permission of (persons name), who was recently under a 209A restraining order. I will take transfer of said person’s firearm(s) and ammunition as listed on the enclosed/attached copy of official inventory list, as is a legal proceedure under H.4376 passed on 8-13-2015. I will keep them stored as to maintain compliance with applicable state firearm storage.
Sincerely, John Q. Doe II, +(signature)
Printed name of person whose weapons were confiscated and his/her signature below yours.
I would add this whole section along with the letter.
Directly from the 188th session 2013-2014, H.4376, Sec. 42, Section 129D of said Chapter 140; An Act Relative to Reduction of Gun Violence.
SECTION 42. Section 129D of said chapter 140, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Upon revocation, suspension or denial of an application for a firearm identification card pursuant to section 129B or for any firearms license if the firearm identification card is not then in force or for any machine gun license, the person whose application was so revoked, suspended or denied shall without delay deliver or surrender to the licensing authority where the person resides all firearms, rifles, shotguns and machine guns and ammunition which the person then possesses unless an appeal of the revocation or suspension is pending.
The person or the person’s legal representative shall have the right, at any time up to 1 year after the delivery or surrender, to transfer the firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of the firearms, rifles, shotguns and machine guns and ammunition and, upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within 10 days deliver the firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and the licensing authority shall observe due care in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition; provided, however, that the purchaser or transferee shall affirm in writing that the purchaser or transferee shall not in violation of section 129C transfer the firearms, rifles, shotguns or machine guns or ammunition to the former owner.
The licensing authority shall at the time of delivery or surrender inform the person in writing of the authority’s ability, within 1 year after delivery or surrender, to transfer the firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer OR OTHER PERSON LEGALLY PERMITTED, (as in licensed) TO PURCHASE OR TAKE POSSESSION.
In my opinion, reasoning to the contrary does not reflect what H.4376, passed on 8-13-2014, clearly states in the above section. As this outline does not describe a transfer of ownership or use of an FA-10 form, it is merely a written transfer to another licensed individual taking custody, not ownership of the firearms until any disqualifying conditions have been dropped. It is true that a licensed individual can sell up to four firearms in a year, and more through an FFL but it is also true that this cannot be done legally by someone with a suspended license, so it does not pertain for this transfer.
NOTE: If the police don’t know, or pretend not to know this about this law, and refuse to research it or turn over the firearms/ammo, your second step should be to send the police chief the request by certified mail return receipt. If then he will not be reasonable your next step would be to go to court and petition a judge, who is supposed to know the laws, he should inform the police to release the firearms to you per law, see Gun Sense #13, Petition for Judicial Review. I hope no one has to go to this extreme, but guns can be a big tug of war…..
ADDITIONAL NOTE: Section 44. Said section 129D of said chapter 140, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-If the licensing authority cannot reasonably ascertain a lawful owner within 180 days of acquisition by the authority, the authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms, rifles, shotguns or machineguns or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or transfer shall be remitted or credited to the municipality in which the authority presides to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; provided, however, that no firearm, rifle, shotgun or machinegun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q shall be considered surplus, donated, abandoned or junk for the purpose of this section.
Note: Section 44 is a great incentive for the police to cling to the firearms and to block transfer under any pretense to someone you would want to hold them for you pending any court decision. Legal/illegal theft of valuable property is what this section could be used for. So stalling for 180 days would be in their best interest. Contact the Commonwealth Second Amendment Lawyers if this happens, the link is at my website.
Also, there are no stipulations in H.4376 as to a 209A vs. any other reason why the police would not turn the guns over to a licensed individual.
Ma. Gun Transaction Portal; https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans
I hope this is helpful, of course it may not be applicable to cover all reasons for confiscation.
Submitted by Mark Shean, 4-22-2015