Release of Firearms Seized by SPD

EVIDENCE

Any firearm seized during a criminal investigation and is evidence of a crime such as, but not limited to, Unlawful Possession Firearm, Assault & Battery, Threats, Improper Storage, etc. will only be returned at the conclusion of the criminal case, and only pursuant to a court order.

RESTRAINING ORDER

If your firearms were seized by the Swansea Police Department because a Restraining Order (209A) was issued against you the firearms may only be released in the following situations:

  1. The Restraining Order EXPIRED, or was VACATED AND Your LTC is Active
  2. The Firearms may be transferred to a LICENSED FIREARMS DEALER ONLY

Firearms will only be held in the Swansea Police Department for a period of 2 weeks.  After two weeks the firearms may be transferred to a licensed bonded warehouse in accordance with Massachusetts General Laws Chapter 140 Section 129D. 

If you wish to transfer the Firearms to a licensed firearm dealer you must contact the Evidence/Property Control (508) 674-8464 officer within 2 weeks of seizure and make arrangements to have the firearms transferred.

LICENSE TO CARRY DENIAL OR SUSPENSION/REVOCATION

If your firearms were seized because your license to carry a firearm (LTC) or firearms identification card (FID) was suspended or revoked, or your application to renew was denied your firearms may only be released in the following situations:

(Note: If the suspension or revocation was a result of a Restraining Order/209A see above instruction for Restraining order)

  1.  Your LTC is reinstated and active
  2. The Firearms may be transferred to someone with an ACTIVE Massachusetts LTC/FID
    1. If you wish to transfer to someone with an active LTC/FID you must write a letter to the Evidence/Property Control Officer indicating your intention to transfer the firearms.  You must include the name and LTC # of the person you are transferring them to and you both must sign the letter.
    2. Complete the transfer on-line at the Massachusetts Gun Transaction Portal.  Choose option for “Transfer to Buyer After Surrender”.  This on-line transaction must be completed before firearms will be released and documentation of the transaction must be presented to the Evidence/Property Control Officer
    3. Transferee must sign a Swansea Police Department Firearms transfer form.
  3. The Firearms may be transferred to a LICENSED FIREARMS DEALER
    1. Contact the Evidence/Property Control Officer (508-674-8464) to make arrangements to have the firearms transferred to a licensed dealer. A letter must be presented indicating your intention to transfer the firearms.

Firearms will only be held in the Swansea Police Department for a period of 2 weeks.  After two weeks the firearms may be transferred to a licensed bonded warehouse in accordance with Massachusetts General Laws Chapter 140 Section 129D.