I am working on my will, and I've come to the issue of my firearms.
I have no relatives that shoot, and they all live in Mass. I am not sure if there is a legal issue with them loading up their car with my guns, and going down to the nearest New Hampshire gun store to sell them.
I don't believe there is, as New Hampshire sales to gun store FFL's are usually just a receipt and cash to the seller.
Anyone have any insight into this?
This is the paragraph I have written, unless I hear otherwise-
My firearms, firearms accessories, and ammunition, may present legal issues if transferred to Massachusetts, so my personal representative should disposition them by obtaining the services of a licensed gun dealer in the state of New Hampshire. First, if any heir is legally able to possess any of the firearms, and wishes to do so, they shall be transferred legally, and with the assistance of the licensed New Hampshire gun dealer, to that heir. If no heir takes possession of the firearms, I request that they be sold to a New Hampshire gun dealer, with my personal representative equally dividing the proceeds to all living heirs named in this will.
BTW- Any transfer/dealer fees my personal representative has to pay, are covered in a blanket statement I have in the first pargraph of my will, stating that any fees they have to pay in executing my will are reimbursed prior to dispersing any funds to my heirs.
I suggest that you invest some time in the BATFE website, Q&A on inheritance.
Per Fed Law, inheritance across state lines is the sole exception to dealing with FFLs. The executor is authorized to take possession and dispose of them in accordance with the will, no FFLs or fees involved (except shipping via common carrier).
Even MGLs acknowledge inheritance! Executor can deliver/ship to a MA Resident with LTC directly, no FFL. NO handguns are banned on inheritance (as long as you abide by law and do NOT use an FFL). No-ban guns (so-called SAWs) and new hi-cap mags are banned however, and should be disposed of outside of MA. When MA resident takes possession, they fill in FA-10 for each gun as a "Registration", only inserting gun description and their (owner) info, leaving the seller info blank.
This is all legal per MGLs, confirmed by Chief Ron Glidden (the only real authority on MA gun laws in the state).
Thank you LenS.
I had hoped you would add your 2 cents, as you seem well versed in Mass gun laws
from past posts.
I plan on leaving a list in my safe, with details on
approximate fair trade value, so they do not wind up
selling a $1000 new condition rifle to an unscrupulous FFL
for $100. My main reason for the list however will be to
detail what items are not transferrable to Mass (post AWB
mags, rifles, etc...) with the suggestgion they consult a
New Hampshire or Mass dealer to confirm current resrictions
at the time of my death.
For those things that are legal in MA (probably most of your handguns if you saved your old FA-10s), you should probably have them deal with Carl at Four Seasons (Woburn). If they put them on consignment, they get sale price less 18% (may be negotiable with quantity . . . don't know, but worth asking) vs. typical 50% of value in outright sale to most FFLs.
For truly collectible items, a good auction house (I think there are some in NH/ME that advertise in SGN/GL) is a better bet than most gun shops. For instance, Four Seasons customer base are mostly "shooters", not collectors of expensive C&Rs.
Frank Ferrante (Weare NH) deals mostly with Class 3 toys, but he's someone that I trust and have done business with. He might be able to advise you on who in NH is reputable and could get good money for "shooters". email@example.com or www.franksgunshop.com/. Frank isn't real big on keeping his website up to date or using Email so he suggests phone is best.