First, if you would like a copy of your adult criminal record, (if any) you can call the CORI unit at 617-660-4640, Also look at Gun Sense #34. I think the fee is $25. You can use this report to clarify, in your own mind, if there are any possible ‘road blocks’ that may stand in the way of your getting a gun license.
Conviction”; A finding or verdict of guilty or a plea of guilty, whether or not final sentence is/was imposed.
I will list some laws that you as a gun license holder are required to know. I am not a lawyer, but the last time I checked I don”t have to be to reproduce what is public information, is at times vague, confusing, and contradictory. There will not be any order to this information, and I am not going to sprinkle case laws throughout to justify anything, it is what it is. I will just put down the facts as they stand at this time, not always verbatim. You may or may not be aware of this information, but like I said, as a license holder your supposed to be aware of it, and more. This list is not all inclusive, it is an example of what you need to know, the links provided help to show a more complete picture. M.S.
These are a list of links that are important, starting with a link that has a letter+ petition for review concerning past misdemeanor convictions; www.mass.gov/Eeops/docs/chsb/firearms/Petition%20and%20Instruction%20Letter_20100126.pdf Or www.handgunlaw.us/states/massachusetts.pdf Or www.malegislature.gov/Laws/SessionLaws/Acts/1988/Chapter180 Or www.malegislature.gov/Laws/GeneralLaws/PartI/Titlexx/Chapter140/Section131l
1. Change of address notification form. Any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves, and the executive director of the criminal history systems board within 30 days of your move. You may pick up these forms at any local police dept. Failure to notify shall be cause for revocation or suspension of your gun license. Directions on the form are clear and easy to follow. While it is a given that the authorities do not have any knowledge of where the criminals live with their illegal firearms, it may not comfort you to know that not one crime will be prevented by the authorities knowing exactly where you live at all times.
2. Transfer/Sale of Firearm(s). A seller shall report all such transfers to the executive director of the criminal history systems board, according to the provisions set forth in section one….etc,etc,etc. In short, as of 8-13-2014 you will need to use the online portal in real time, through the Ma. State police website to transfer firearms with the E-FA10 transfer form. Failure to report the private sale of a firearm(s) may be cause for permanent revocation of you’re gun license, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense. A fine of not less than $1,000 nor more than $5,000 for a second offense……. I’m not sure here how a second offense could come down the pike if you lost your gun license ‘permanently‘ for a first offense, so….. file this second penalty under “BEWARE” I guess.
3. If you do not intentionally let your gun permit expire, and was not otherwise disqualified from renewing it, (you just forgot, life got in the way), and then when you go try to renew it, you will be subject to a civil fine of not less than $500 nor more than $5000. That should keep honest people from trying to renew a simple expired license………Hey, you keep voting these so-called ‘law makers’ back into office, deal with it.
4. Any law enforcement officer who discovers a person to be in possession of a firearm(s) after the person’s license has expired, or it has been revoked or suspended solely for failure to give notice of a change of address, said officer shall confiscate such firearm(s), and the expired or suspended license as well, and said officer shall forward the license to the licensing authority by whom it was issued. The officer shall provide a written inventory to owner of firearm(s) confiscated and shall exercise due care in the handling, holding and storage of these items. Any confiscated weapon shall be returned to owner upon the renewal of the license within one year of such confiscation, or the firearms will be disposed of through auction. Basically, your guns will be held hostage until you cough up the $500 to $5000 dollar ransom as punishment for your being forgetful.
5. An LTC shall be valid for the purpose of owning, possessing, purchasing and transferring low/or large capacity rifles and shotguns, handguns.
6. Penalty for loan of money secured by weapons; Whoever loans money secured by mortgage, deposit or pledge of a firearm(s), shall be punished by a fine of not more than $500 dollars or by imprisonment for not more than one year, or by both. Banks and other institutional lenders are exempt and can do this. The government and its big money lobbyists hate competition.
7. Sale or possession of electrical weapons, (stun guns). It is illegal, it carries a fine of not less than $500 nor more than $1000 or by imprisonment in the house of correction for not less than 6 months nor more than 2 1/2 years, or by both fine and imprisonment. A law enforcement officer may arrest without a warrant any person whom he has probable cause to believe has violated this section. Non law enforcement, (civilians) can not own/have them. (This may change soon due to a case pending in court.)
8. Citizens Right to arrest; A private citizen may lawfully arrest someone who has in fact committed a felony. Felonies include the crimes of murder, rape, assault, or assault and battery with a dangerous weapon, robbery, and burglary. A felony is any crime punishable by death or imprisonment in State Prison. All other crimes are misdemeanors. The private citizen cannot use fatal force to effect an arrest or prevent escape of one who had committed a felony concerned with property only. The citizen can only use that amount of force necessary to bring the person under control when effecting the arrest. (My suggestion, just be a good witness instead…..unless you’re defending your life or the life of another person.)
9. The ‘Castle” statute, (Doctrine); The statute provides to one that injures or kills another in a dwelling an affirmative defense under certain circumstances. (a) Person using defense is an occupant of dwelling. (b) Reasonable belief that another is about to inflict great bodily injury or death upon the occupant or other lawfully present person(s). (c) The threatening attacker is unlawfully in said dwelling. (d) That occupant used reasonable means to defend himself or others lawfully present. The statute also says, “There is no duty for the occupant to retreat from the person who is unlawfully in said dwelling.
10. About BB guns, Air Guns, and Paintball Guns; Adults do not need an LTC/FID to purchase a BB gun, Air Gun, or Paint Ball Gun. Minors under 18 may not buy BB Guns, Air Guns or Paint Ball Guns. No Person shall discharge any projectile from these guns, across any street, alley, public way, or railway right of way. No minor, unless a holder of a sporting license, shall discharge these guns unless accompanied by an adult. There is a fine of up to $100 and confiscation of BB gun or Air Gun.
BB guns, Air Guns, and Paint Ball Guns are dangerous weapons per M.G.L. c. 265, Assaults and Assault and Battery. BB Guns, Air Guns, Paint Ball Guns, are firearms by definition per. G.L. c. 269 10 (a.j.), as they relate to possession on school grounds. BB pellets are not ammunition.
11. Definition of Ammunition; Cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm. The term ‘ammunition’ shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate. It is a crime to possess ammunition without an LTC or FID card, this is an arrestable violation. The Commonwealth, in the context of a prosecution under M.G.L. 269 10 (h), does not bear the burden of proving that any particular ammunition is capable of being fired… Rather, the government must show only that the alleged ammunition is designed for that purpose.
12. Again, “Conviction”; A finding or verdict of guilty or a plea of guilty, whether or not final sentence is/was imposed.
Submitted by Mark Shean, About Me
For the Ma. Firearm Transaction List; https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans choose the option you need.
revised as of 8-13-2014