In Massachusetts if you do not possess an FID card or LTC or a valid receipt for the same you cannot possess a firearm even in your home (MGL 140. Section 129c). So if you don’t have an FID or LTC you simply cannot have a firearm or ammunition in this State (Mass).
There are many reasons why a person might not receive or be denied an FID or LTC from their licensing authority, which is normally the Police Chief in the town that the applicant resides in. These situations have many components but it is safe to say that any disqualifying events that would prevent you from purchasing a firearm on (ATF Form 4473) would categorize you as an unsuitable person and would most likely result in the denial of an FID or LTC. Although there are questions about issuing everyone an FID card there are situations where you still would not be able to possess a firearm.
The most common reasons why firearms are confiscated or must be surrendered include the denial of your LTC or FID application, revocation of your current LTC or FID and finally a 209A Restraining Order. If you are notified that you must surrender your firearms do to any of these events (as well as others) you will be told how you should go about the immediate surrender of said firearms and ammunition by the Licensing Authority that has demanded the surrender (normally the Police Chief in your town). Failure to surrender your firearm(s) / ammunition, LTC / FID are punishable under (c.209, section 10(i)).
The Licensing Authority, after taking possession of the surrendered firearms / ammunition and providing you with a receipt of the surrendered items, may transfer the firearms / ammunition to a Federally and State licensed dealer who operates a Bonded Warehouse Licensed by The Massachusetts Department of Public Safety, unless the firearm(s) are believed to be evidence in a crime (MGL 140 section 129D). You as the owner of the surrendered firearms / ammunition are responsible for the fees and storage cost of the firearms and ammunition to the FFL / Bonded Warehouseman. If you become 90 days late (arrears) on your payments of such fees to the FFL / Bonded Warehouseman, they have the right to sell your firearms / ammunition to recover those cost plus any other costs (auction fee’s, disposal fee’s, transfer costs, shipping & handling costs, ect). Once the past and accrued charges are paid in full the balance must be returned to the owner. It should be pointed out that title of the firearms is transferred to the Dealer / Bonded Warehouseman at this point so that the items can be handled at sale in the prescribed legal manner.
Once the firearms / ammunition is received by the FFL / Bonded Warehousemen they are required to provide you with the following information, 1) the make of the firearm, 2) model of firearm, 3) caliber, 4) serial #, 5) condition of firearm.
You have rights after you are told to surrender your firearms, ammunition and FID or LTC. You or your Legal Representative (your Attorney) has the right to provide written instructions to the Licensing Authority as to where your firearms and ammunition will be sent for storage, transferred to a licensed FFL or transfer to a person legally permitted to possess them (MGL chapter 140 section 129D). The Licensing Authority must deliver the surrendered firearms/ammunition to the dealer, person or storage facility you designate within 10 days of receipt of your letter. You must understand that you can transfer the firearms but that must be done by a Dealer with the appropriate FFL (Federal Firearms License). You can transfer up to (4) guns per year through the Massachusetts Gun Portal, but you will have to have the FFL do it for you as you will no longer have an LTC or FID which is required to use the portal. If you have been served with a 209A Restraining Order your firearms / ammunition MUST be transferred to a licensed FFL. You cannot simply give all the firearms to a person who has an FID or LTC.
