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Concealed Carry

Hello, I am not a lawyer, If you want to research anything you may see here be my guest. This is my attempt to make certain that you will understand the two main criteria set down, at this time, on how we should handle firearms  in Massachusetts. I decided to try and translate this from ‘lawyers legalese’ to common English, so that we mere mortals could then vaguely understand it. I believe that they are vague in order for the courts to ‘interpret’ them any which way they feel like interpreting them depending on the circumstances. NOTE: [Be aware, it is up to you to keep up on the murky gun laws if you own firearms…..

To read this chapter in full, and any other articles in the #Gun Sense series, it is available as an Ebook and a Paperback at Amazon under:
Gun Sense Massachusetts Gun Law Information and Common Sense Firearm Safety By Mark R. Shean Sr.

Gun safety for anyone anywhere.
The paperback version Rated #1 at AMAZON in the Shooting section!!  Check out GUN SENSE now.

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Gun Sense #22, Firearm Storage and 'Direct Control' in Ma., 7.6 out of 10 based on 7 ratings

21 Responses to “Gun Sense #22, Firearm Storage and ‘Direct Control’ in Ma.”

  • nelly says:

    I must say I find it slightly ironic that a Law Abiding Citizen cannot carry in a bank that is most likely to be robbed. Alot of banks may not have gotten robbed if a patron was carrying-But the law is the law. How is it that the criminals get away with murder “literally” and those of us who have an honest regard for our life and that of others are restricted? As always I appreciate every post I have read of yours and I am very thankful to have taken your course. Not only do you guide your students during your class but you give us a place to learn whether gun sense or politically, you are an ongoing influence to those you have taught. I would recommend you to anyone who has an intrest in learning about firearm safety because your class was the most informative class I have ever attended (and I have gone to a few club courses and hunting courses). Thank you again for your knowledge and giving us a place to share ours. Nelly- NOTE: Thanks Nelly, You already know where I stand (unofficially) on certain issues. Mark

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  • John says:

    Please point me to the detail on this “Also if you own one of those nice gun safes with the little compartments for ammo built into it, they did not construct the safe with Ma. in mind, you should not store ammo in the fancy safe with your guns at this time. I believe ammo can be stored in a safe with guns.

    NOTE: You can verify this through the Framingham Ma. State Police at 508-988-7434, ask for Ina Hoyle, she is in charge of licensing John. Tell her Mark Shean sent you. 😉 MS

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  • John says:

    Mark no need for a follow-up. I spoke to my local Chief and Atty Jesse Cohen today and confirmed I was correct…ammo can be stored in the same container. I’m not sure why you think it is illegal…Please also see the many posts here on the same. NOTE: John, there is no wording in the law that actually says you can store ammo in with the guns, that is only your assumption. Point to me the paragraph, or even one sentence that explicitly says that you can…….. It certainly is not in Chap. 140 sec. 131L. It also confirms to me that you did not call the State Police # I gave to you. If you give me a real email address (name?) I will point something out to you that will show you why I think the way I do. Better yet, have J. Cohen or your chief point out to you the wording where it says you can, I would be very interested to see where they dig those words up…show me those words and you win this debate……..Thank you. respectfully, MS

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  • Kevin says:

    “Secured locked container is a house”? I respectfully disagree. Putting something under lock and key would prevent other occupants from possessing the gun. Locking it in the house does not.

    You have to think of the purpose of the law and the ordinary meaning of words. “Locked container” allows things like locked desk drawers, tool boxes with pad locks, etc. It does not have to be a three thousand-dollar fireproof gun safe. One of the reasons for the law is preventing children and persons without gun knowledge from injuring themselves. The law knows that determined thieves can open almost anything. A gun safe is certainly a good idea.

    I don’t necessarily like the legal mandate, but the behavior the law requires is practical, something I was taught when first introduced to guns. Almost every child will snoop around and get into the guns and ammo. Teenage boys love to show off and show their friends Dad’s guns. The friends tell their parents and then the problems can start. At the very least, good practice is to child proof guns and ammunition.

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  • Mark Shean says:

    Hello Kevin, Thank you for your opinion/comment. When I talk of secured in a locked house I mean a house that is empty of occupants. Absolutely anything that is secured can be comprimised, but if you live alone and you know every door and every window is secure your house in essense becomes a locked container. The term ‘locked container’ is not defined in the law as to certain items or items of a certain size range. Of course it is better to have it locked in something else, and you should try, I dont try to say otherwise, but at some point the criminal has to become responsible for his concerted actions, and the second he comprimises your locked window(s) or door(s) he has broken the law. We can only do the best we can do. As far as kids snooping or teens playing show and tell with guns, that is where education early on in their life comes in, from their parents. Please read # 3 Gun Sense. Sincerely M.S.

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  • Dick Johnson says:

    Your restricted areas are not correct. There is no law restricting concealed carry at Banks, Hospitals, or a house of worship/church in Mass. Airports, you cannot carry on Logan property, which includes up to 1,000 ft in the water, but you can travel with a firearm and bring to airport in a locked case and declare at airline check in. Anywhere that may be posted ‘no guns allowed’ is not legally enforceable, all they can do is ask you to leave.

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  • Mark Shean says:

    Hi Dick, you may have missed were I had this in with the rest of the information;

    Other Places where law OR policy can curtail carry.

    *Public Library’s

    *Private party sporting events, concerts etc. where a search at the entrance takes place.

    *Any House of Worship without permission, (again, good luck getting that…)

    *Medical property, Hospitals/Clinics etc.

    Any private property where posted ‘no guns allowed’ certainly is legally enforceable, if you do not leave when told the police will show you the error of your ways.

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  • Brian Daniels says:

    Can you please quote state or federal law or regulations which bar the carrying of firearms in these locations? I must have missed something that you know.

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  • Mark Shean says:

    What locations are you referring to? This is about Storage and Direct Control.

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  • jay fry says:

    So… in massachusetts vehicle holster mounts are ok?? They are within arms reach which is direct control correct??

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  • Mark Shean says:

    That’s correct Jay

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  • jay fry says:

    Awesome was having a debate over it….thanx for reply and confirmation

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  • ted says:

    Q; I have been researching for MA cases on trigger locks/loaded gun, with my belief that a gun cannot be loaded – even if mag attached – if the bolt action is rendered inoperable to bring a round into the chamber. Unsuccessful so far, with no cases + or neg. I read what you wrote above…common sense dictates otherwise. I agree that one should detach mag, but my desire is to show gun not loaded while in locked vehicle trunk as had trigger lock securing action. Any cases you know of in this jurisdiction or another? Statute (131 63) is not helpful and I can find no definition of loaded.

    Thank you for your time and your valuable site. BTW, GOAL rep says it is not violative of statute, i.e., not loaded under that fact pattern.

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  • Mark Shean says:

    Hi Ted, Read Gun Sense #37, that may be helpful.

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  • Jennifer says:

    Hi. Very good article,thanks for sharing. I visit this website every day.

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  • John OB says:

    “Point to me the paragraph, or even one sentence that explicitly says that you can…….. It certainly is not in Chap. 140 sec. 131L.”

    You clearly don’t know how laws work.
    You can do whatever the law doesn’t explicitly say you cannot do.

    Also, please point to the word “unloaded” in reference to storing firearms in 131L, I’ll wait….

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  • Mark Shean says:

    As you hide anonymously.
    527 Board of Fire Prevention Regulations, 13.04, Licenses, Permits, and Certificates.
    Section E: Small arms ammunition primers, smokeless propellants and black powder shall be stored in original containers and such containers shall be stored in a Locked cabinet, closet or box When NOT in use. Key words, -When Not In Use-
    That is by the State Fire Marshall and is law.
    You need to look outside of your little box or you will be setting your students up for failure.
    While you are sleeping for example you are Not considered to be in Direct Control of anything, so what does that tell you about the gun next to your bed? you only have two options under Ma. law, either under your Direct Control or Stored, no third, fourth or fifth options. Is that clear enough?
    There, that was not much of a long wait was it?

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  • Paul R. Donaghue says:

    Chap. 140 sec. 131L improper storage in Mass. is a misdemeanor, not a felony.

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