Archive for April, 2011

   Below is an explanation of the graduated licenses under Massachusetts Law as dated back to Oct. 21, 1998. And “Green Card” firearm licensing info.

CLASS D:  Possession of pepper spray, mace or other chemical incapacitating agents legal in the State of Massachusetts.           NOTE: Without this license you are subject to arrest, heavy fines and jail time up to 2 1/2 years in the house of correction!   You may obtain the class D license from your local police department, call them for details $25 {Be warned, requirements  can vary from town to town as there is no one set standard under the ‘arbitrary discretion’ citizens are at the mercy of,  this is because ‘lawmakers’ refuse to, or are too incompetent to establish set state wide uniform guidelines for any of these licenses. Arbitrary Discretion rules the day, contact your ’representitives’ and demand this be changed.}

CLASS C: Possession of low capacity rifles and shotguns, known as an ’FID’card. Low capacity is defined as a shotgun with a loading capacity of five rounds or less and a rifle with a loading capacity of ten rounds or less. $25 for age 15-17.   For all other residents $100.

CLASS B: Possession of high capacity rifles and shotguns. High capacity is defined as a shotgun with a loading capacity of more than five rounds and a rifle with a loading capacity of more than ten rounds. Class B also permits the holder to possess low capacity handguns for target practice and hunting only. A low capacity handgun is defined as a handgun with a loading capacity of ten rounds or less. A Class B license supersedes Class D and C licenses. $100     NOTE: {The class B license is not license to carry a low capacity handgun loaded, it must be carried in the ‘Stored or Kept’ condition.} Please read ‘Gun Sense’ # 22.

Class A: Known as a ‘LTC,‘ Possession of high capacity handguns. High capacity is defined as a handgun with a loading capacity of more than ten rounds. This is the only license that allows an individual to carry a concealed weapon if authorized by the licensing authority in your town. Class supersedes B, C + D. $100     NOTE: { Authorization/requirements vary from town to town and chief  by chief due to the disservice of  ‘Arbitrary Discretion“, again, contact your ‘representitives’ to establish set uniform guidelines, end ‘Arbitrary Discretion’ once and for all.} To understand this issue Please read;

Arbitrary Discretion, a Gun Licensing Problem in Ma.

NOTE: The possession of electronic incapacitators (stun guns) is illegal, there is no license available and if caught with one in your possession you will be arrested, fined up to 10,000 dollars, and can be jailed for up to 2 1/2 years in the house of correction.

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“GREEN CARD” Information: I verified this information through the Framingham State Police, (Inaa Hoyle) who also verified it through the Firearms Record Bureau in Chelsea Ma..

 If you have a ‘green card’ you may only apply for an FID, (firearms identification) card. You must still take the state approved firearm safety class before applying  for an FID card. The FID card will only be good for one calender year, from January 1st to December 31st and will cost $75 each time you apply,(see fees below). I strongly suggest that you start the application process in the third week of November for your best chance to receive the FID card by the first week of January.

 As of August 1st 2009 you must appear in person for fingerprinting at CHSB, 200 Arlington St. Suite 2200, Chelsea Ma. 02150

1. Call the Firearm Records Bureau at 617-660-4780, (prompt # 2) for a permit application, to apply for a non resident alien license.

2. You can take the Ma. Firearm Safety class any time and hang on to the Certification as proof you took the required course. 

  3. After you get approved for a non resident alien license,(now called Permanent Resident) application then you bring the Ma.Firearm Safety Certification, and the approved non resident alien license paperwork to the police station to fill out the Firearms Application. Remember, the only license you can apply  for is an FID card  (long guns) only.

Permanent Resident Alien Firearm Fee:

SECTION 166.   Section 131H of said chapter 140, as so appearing, is hereby amended by striking the third sentence and inserting in place thereof the following sentences:- The fee for such permit shall be set at $75 (yearly), which fee shall be payable to the licensing authority and shall not prorated or refunded in case of revocation or denial. The licensing authority shall retain $12.50 of such fee; $37.50 of such fee shall be deposited into the general fund of the commonwealth, and $25 shall pay the fees for an interstate fingerprint check.

Non-Residents and Non-Resident Aliens Firearms Fee:

SECTION 165.   Section 131F of said chapter 140, as so appearing, is hereby amended in the fourth paragraph by striking the third sentence and inserting in place thereof the following sentences:- The fee for an application for such license shall be $75 (yearly), which fee shall be payable to the licensing authority and shall not prorated or refunded in case of revocation or denial. The licensing authority shall retain $12.50 of such fee; $37.50 of such fee shall be deposited into the general fund of the commonwealth, and $25 shall pay the fees for an interstate fingerprint check.

News UPDATE: Mass Alienage Ban Overturned

On Friday,March 31,2012, a Federal Court Judge granted our motion for summary judgment in Fletcher v. Haas, effectively overturning the state’s prohibition on handgun possession by resident aliens.

In his 41-page ruling Federal Judge Douglas P. Woodlock concluded that: “The Massachusetts firearms regulatory regime, as applied to Fletcher and Pryal, does not pass constitutional muster regardless of whether intermediate scrutiny or strict scrutiny applies…” and continues: “Any classification based on the assumption that lawful permanent residents are categorically dangerous and that all American citizens by contrast are trustworthy lacks even a reasonable basis.” 

In answer to the Commonwealth’s assertion that the Second Amendment protects a right of citizenship Judge Woodlock writes: “The defendants’ reading of Heller requires a considerable analytical strain.”

In the coming weeks Comm2A staff will be working with individuals affected by this ruling to determine next steps and to insure that the court’s ruling is correctly applied. If you are a foreign national residing in Massachusetts or know of one please contact us at info@comm2a.org for more information.

Commonwealth Second Amendment

 Mark Shean, Submitted on 4-6-2011

“It will be an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it” -GEORGE WASHINGTON-

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