Unsure Of The Legality

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StuckInMA

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My brother-in-law has a few long guns and a handgun (pre-ban hi-cap with no receipt). The problem is his license to carry expired about 10 years ago. I've done everything in my power to get him to take the necessary steps to obtain a new LTC but he seems to view laws as mere suggestions. For some reason he can't get it through his thick skull that a weapons violation will sting a bit more than a parking ticket. :banghead:

So I have a few questions. (We live in the same state and we're dealing with MA laws.)

1) Can I take possession of his firearms with no paperwork? Not ownership, just possession.

2) If not, could charges be brought against me if his firearms were in my possession?

3) If paperwork needs to be filed couldn't/wouldn't he be charged with unlawful possession as soon as it's submitted?

4) If the law came knocking and saw the firearms in his house could my 17 about to be 18 year old nephew be charged with unlawful possession?

Basically, I want to get the guns out of the house for the sake of my nephew but I don't want to put my butt on the line in a legal sense. My sister has a choice in the matter since she could go apply for an LTC herself but my nephew can't.
 
Ask a lawyer. Here in IL I ran across almost the same thing with some of my gun owning friends. They have thier FOID but their wives don't.

Maybe both you and your sister should get a LTC or whatever you need to be legally to in procession of a firearm.

-Bill
 
Skip NRAILA and call GOAL.

http://goal.org

They will help you out. Join if you are not already a member.

First question is whether the guns are registered to him in MA. If not, then just take them. (My advice, not legal advice).
If they are registered to him in MA, then take them, but file an FA-10 for each. Just put them down as being registered, and leave the seller info blank. (again my advice not legal advice).
 
MA promised many lifetime permits.

After some time had gone by they decided the lifetime permits no longer counted and people needed to reapply. I think many people realize the game being played and just act like they never heard of the change.

The game is that they want to restrict more, keep better track of who has what and where, and then that way they are in a position to have an immediate say over everyone's firearms whenever they legislate a new policy or outlaw something.

However to originaly get most people playing they had to promise them the "lifetime" permits that never expired.
Now that they got them on record though things are different.
 
It was only the FID's that were supposed to be lifetime. An FID would not have covered the handgun anyway. LTC's always had expiration dates.
 
Thanks for the links and info folks.

It seems like I could be considered a "lawfully authorized user." I don't know if that law would only apply if he was licensed though. (And after looking at things again it's actually been about 14 years since his license was valid.)

My biggest fear is the pre-ban hi-cap. I can't find anything that says what happens to a weapon post ban if the owner is no longer licensed. So I don't even know if it would be legal to have it in my possession.

I think I may drop GOAL a line and keep my distance from the firearms for now. I don't feel like losing my rights over his stupidity.
 
The Hi-Cap does not matter any more than the long guns. If you have a Class A LTC you are good to go as far as possessing hi-caps. Your only concern is that the mag was made before Oct 1998.
 
Pardon me for the question, but in MA does one have to have a license to carry in order to possess a handgun in his home? If so, it would be unique, as I know of no other state that has that law.

Jim
 
It was only the FID's that were supposed to be lifetime. An FID would not have covered the handgun anyway. LTC's always had expiration dates.
Click to expand...

If you go even further back in history an ability to have was an ability to take them places. Remember only 40 years ago kids took guns to school.

It was due mainly to the threats percieved by government during the "civil rights movement" that firearm carrying and ownership become distinctly seperate many places. You could still own one, but could no longer transport or take it places in person freely.

A "license to carry" is a modern thing. Everyone used to have a right to carry most places. That became so heavily restricted however that a new "license" was created to allow under license what once existed most places as a right.

But yes I was talking about the FID. When a place tells everyone all they need to do is sign up and register thier guns for a lifetime permit to have them, and then a couple years down the road after already having that large registry changes thier minds... They are not to be trusted.

They want to know who has what and how many in MA, and have for some time now. Why do you think it matters so much to them? It is not because they are just curious.

Many places are becoming more "modern" in registration though. No longer requiring people to actualy be aware or consent to registration. Now it is automaticly added to a computer database and no consent is necessary upon purchase. Both at state and federal level.
If your place does not allow private transfers then all guns are virtualy registered, but that is only a modern thing made possible by modern computers. Slyly creating such a registry before would have been difficult, browsing it just as difficult.
 
Pardon me for the question, but in MA does one have to have a license to carry in order to possess a handgun in his home?
Click to expand...

This is from the info on NRA-ILA site. Have to admit that's about all I know. I've been trying to figure out certain MA firearm laws and always seem to end up going in circles.

POSSESSION
Firearms and feeding devices for firearms are divided into classes. Depending on the class, a firearm identification card (FID or “card”), class A license or class B license is required to possess, purchase, or carry a firearm, ammunition therefor, or firearm feeding device, or “large capacity feeding device.”1 One’s home or place of business is not exempt from the FID or class A or B license requirements.
Click to expand...
 
Pardon me for the question, but in MA does one have to have a license to carry in order to possess a handgun in his home?
Click to expand...

Short anwer is, YES.

Long answer is that there are different classes of LTC. A MA LTC literally means "License to Carry" Firearms. Many people, however, have a Class B or restricted Class A, so they really cannot "Carry". It means that they can own a handgun, and take it unloaded and locked in the trunk to the range. It's still called an LTC, though, even if you cannot carry with it. What you want to get in MA is a Class A that says "For All Lawful Purposes". Then you can CCW everywhere except schools and court houses (and Fed stuff obviously). You can even legally carry in a Bar in MA.

Another point is that, although the LTC says "Firearms", it only applies to carrying handguns. You cannot carry a long gun. Makes perfect sense if you work in the State House. :rolleyes:

With the FID "Firearms ID Card", you cannot possess a Handgun AT ALL.
 
If he paid for the guns and possesses them lawfully (I'm not talking about CCW, just possession) then no, you can't just go remove his guns from the house. That is burglary, plain and simple, and I'd bet good money he could successfully press charges against you for taking his lawful posessions without his permission.
 
If he paid for the guns and possesses them lawfully
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1. He does not lawfully possess them, as his license expired years ago. You need a license to even possess guns in MA, never mind CCW.

2. Nobody was talking about taking the guns without the prior owner's consent.
 
Another point is that, although the LTC says "Firearms", it only applies to carrying handguns. You cannot carry a long gun.
Click to expand...

Ok, now I'm even more confused. (Not that hard to do when talking about MA firearm laws.) I thought Class A LTC issued as "ALP" covered everything.

Class A carry license is required to possess, purchase, or carry any large capacity firearm (handgun, rifle, or shotgun), large capacity ammunition feeding devices therefor, and ammunition therefor.
Click to expand...

If he paid for the guns and possesses them lawfully (I'm not talking about CCW, just possession) then no, you can't just go remove his guns from the house. That is burglary, plain and simple, and I'd bet good money he could successfully press charges against you for taking his lawful posessions without his permission.
Click to expand...

Sorry if I made it sound that way. I don't mean I'm going to swoop in and grab his guns. He'd be on board with it. I just don't want to do it if it's going to put me in hot water.
 
Ok, now I'm even more confused. (Not that hard to do when talking about MA firearm laws.) I thought Class A LTC issued as "ALP" covered everything.
Click to expand...

Sorry, perhaps I did not word that as well as I could have. What I am saying it that in MA you can CCW with a handgun, but not carry a long gun. Long guns must be unloaded and locked in the trunk when transporting. When walking around, they must be unloaded unless actively engaged in hunting or target shoting.

You are corrrect in that a Class A LTC unrestricted will allow you to buy any legal handgun, shotgun, or rifle (hi-caps included). You do not also need an FID. The only other thing you would potentially need in MA beyond the Class A would be a machine gun license to possess machine guns.
 
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