Somerset Police Department

Release of Seized Firearms

Evidence

Any firearm that is seized during a criminal investigation and is evidence of a crime such as, but not limited to, Unlawful Possession of a 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 Somerset 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 Somerset Police Department for a period of two 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 firearms dealer, you must contact the Evidence/Property Control officer (508-679-2138) 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. In order to complete this transfer, you must:
    1. Notify the Somerset Police Department in writing by completing the Somerset Police Department Firearms Transfer Form and submitting it 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 both of you must sign the form.
    2. Complete the transfer on-line at the Massachusetts Gun Transaction Portal.  Choose the 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. The Firearms may be transferred to a LICENSED FIREARMS DEALER
    1. Contact the Evidence/Property Control Officer (508-679-2138) to make arrangements to have the firearms transferred to a licensed dealer. A Seized Firearms Transfer Form must be completed indicating your intention to transfer the firearms. 

Firearms will only be held in the Somerset 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.