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………….

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7 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.

  • Confusedpowers says:

    So my grandfather died leaving me with a old firearm.
    I had prepared for it by getting my ltc (class a unrestricted)
    Problem is…. after the estate was liquidated, I was just handed the gun in the case. I’m told it’s a German drilling gun and that my gramps had gotten it in Africa in the early 60. It has no numbers or identifying marks. It is both a shotgun and a rifle.
    Worst part is – zero paperwork and apparently my gramps was either grandfathered into a old standard or just kept it illegally.

    My plan was to go to my local PD but I have anxiety that they will confiscate it.
    If it was identified as stolen I would give it up of course, but otherwise I don’t want to risk losing my inheritance (the gun, a bible and a cigarette case was all I got).

    Ideas, advice, guidance?

  • Mark Shean says:

    Call me, 508-333-6151

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