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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3702
Experience:  Experienced in state and federal criminal litigation.
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If I have guns that are not registered, how can I get them

Customer Question

If I have guns that are not registered, how can I get them registered without either getting them confiscated or running a foul of the law? I have a class A license to carry.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

TexLawyer :

How did you obtain the guns?

Customer :

I had them when I lived in Virgina. Took them with me when I moved to Western NY in 1995 and the brought them with me to MA in 1998.

TexLawyer :

OK. Let me do a little research. It should not take very long.

Customer :

great!

TexLawyer :

I assume you do not have any firearm identification cards?

Customer :

no. Only one was bought by my wife through a store in Virgina when resistration was not required. I have two others i obtained from a private individual in Tenn. in 1980.

TexLawyer :

The problem you are going to have is that a new resident has 60 days to get the proper firearm identification card.

TexLawyer :

Without an FID, you should not possess a firearm.

Customer :

I know that is why my question is what do I do now???

TexLawyer :

I'm still checking on that. There may not be a painless way to do it. Let me check a few more things.

Customer :

OK

TexLawyer :

There doesn't appear to be a sure way to avoid possible penalties. Essentially, you are in violation of the law by having an unregistered firearm, and not registering it within the necessary time period. My suggestion is to complete the necessary courses (if you have not already done so) and complete this form: http://www.mass.gov/Eeops/docs/chsb/frb_fid_lic_app.pdf

TexLawyer :

It is unlilely that your weapons will be seized, but you run the risk of incurring a fine.

Customer :

I have completed the course on safety and legally have a Class A license to carry. I will look at the form

TexLawyer :

Essentailly, you have to decide between risking the penalties of being caught with an unregistered firearm, or the penalty of making a late registration. Clearly, the punishment for getting caught with an unregistered firarm is MUCH greater.

Customer :

How much of a fine is possible?

TexLawyer :

I know you were looking for a definate answer, but I think the situation is what it is. It is important that you take actions to quickly.

TexLawyer :

The law allows fines up to $5,000, but since you are bringing the guns in on your own, it would be unlikely they would be more than a few hundred.

Customer :

Also is it possible I would be arrested when I apply for the FIC for each gun/

Customer :

If it is possible I could be arrested, I may be better off just destroying my guns.

TexLawyer :

Technically, it is possible, however, it is unlikely. I reccomend you call the firearms records burerau at


(NNN) NNN-NNNNto see what the proper protocol is, and what you can expect. If they tell you their practice is to charge a crime, you need to destroy the weapons.
Customer :

Thank you for your help. Good advice!

TexLawyer :

Is there anything else I can help you with?

Customer :

No you did good. thank you.

TexLawyer :

Great. Thanks. Good luck.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3702
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 6 other Criminal Law Specialists are ready to help you

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