Know your rights! Surrender/Confiscation Fact Sheet.(Please see the full text of the law by clicking links)
Most common reasons why your firearms are confiscated;
- Denial of application
- Revocation of License/Card
- 209A Restraining Order
Revocation information (M.G.L. 140 c 129B)
- Any revocation or suspension of your LTC/FID has to be in writing and will state the reasons.
- Upon revocation or suspension, the licensing authority will take possession of your LTC/FID and will give you a receipt for fees paid for your LTC/FID. The person whose card is revoked or suspended must take all action required by section 129D (see below)
- Revocations and suspensions cannot be delayed by appeal. A revoked or suspended card may be reinstated only after the cause of the revocation/suspension has been lifted/cleared.
- If you believe the revocation or suspension to be unjust or in error, you have 90 days within the receipt of the notice to file a petition for review in the district court that has jurisdiction of the town in which you are licensed.3ó4After the hearing, a justice of the court may re-instate your LTC/FID if the justice finds that you are not prohibited by law from possessing an LTC/FID.
(Note if the revocation/suspension is due to a 209A restraining order, please see below)
Surrender/Confiscation of Firearms Information (M.G.L. 140 c 129D)
- If you receive a notice of revocation or suspension you must surrender your firearms, rifles, shotguns, ammunition, and FID/LTC card immediately to the licensing authority in the city or town that you live in.
- Your rights after you have surrender or confiscation. (i) After delivery you have one year to transfer your firearms, rifles, shotguns, machine guns, and ammunition to any person legally permitted to possess them, including a licensed FFL of YOUR CHOICE. (ii)Once your firearms and ammunition have been surrendered or confiscated, immediately write and deliver a letter to them with instructions as to where they are going to be transferred. The licensing authority must deliver the firearms/ammunition within ten days of receipt of your letter.
- The licensing authority, after taking possession of your firearm, rifle, shotgun, machine gun or ammunition may transfer possession for storage purposes to a federally and state licensed dealer who operates a bonded warehouse unless the firearm, rifle, shotgun, machine gun or ammunition is believed to be evidence linked to a crime, in which case the licensing authority will keep possession. Very important in order to avoid the costly fees of having your weapons stored in a bonded warehouse, make sure that you immediately deliver your letter with instructions for transfer to your licensing authority (see above).
- Any dealer that takes possession of a weapon under the provisions of this section shall: (i) inspect such weapon; (ii) issue to the owner a receipt indicating the make, model, caliber, serial number and condition of each weapon so received; and (iii) store and maintain all weapons so received in accordance with such regulations, rules or guidelines as the secretary of the executive office of public safety may establish under this section
- Having your firearms and ammunition stored in a bonded warehouse can get very expensive. You will be responsible for paying all storage, handling, and processing fees before you can get them out or have them transferred. This is why delivering your letter with transfer instructions to your licensing authority immediately is so important. Once your licensing authority has your letter they must transfer the firearms/ammunition to your legally designated person, instead of the bonded warehouse.
- If you leave your firearms and ammunition in a bonded warehouse fees will pile up very quickly and will often times total more than they are worth. You only have one year to get your firearms and ammunition out of the bonded warehouse, after one year they can and will sell them and will only reimburse you the amount of the sale minus the various fees. As stated, often times these fees add up to as much or more than the firearms and ammunition are worth. Be sure to keep your firearms from winding up in the bonded warehouses!3ó4Also, if you let your due storage fees get more than 90 days late, they can legally sell your firearms and ammunition! Know your rights, do not let this happen!
- If somebody files a restraining order on you AND if the person filing the restraining order convinces the court that you are likely to abuse or harm them you will need to immediately surrender your firearms, ammunition, LTC/FID Card etc. to your licensing authority. Also, the surrendered or confiscated firearms, ammunition, etc. can only be transferred to a licensed FFL, and not a “duly authorized person”. (This is what differentiates a 209A suspension/revocation from any other.)
- Once somebody files a restraining order on you, law enforcement officials will immediately take possession of all firearms, rifles, shotguns, machine guns, ammunition, and LTC/FID that you possess, often times through confiscation at your place of residence.
- Any violation of such orders shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment.
- If you feel the restraining order is in error or unjust you may petition the court which issued the order to surrender for a review. The court must hear your plea within ten days of filing.3ó4If your employment requires the possession of a firearm or ammunition the court must hear your plea within two days of filing.
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