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Concealed Carry

Archive for the ‘Gun Sense’ Category

The Past:

The Firearms Reform bill s.2367, was passed by the Ma. House and Senate making it law on 6-29-2004. It created the Firearms Licensing Review Board, (FLRB). Firearm license applicants disqualified by a prior misdemeanor conviction could now file a petition for review, (see Gun Sense #20) now moot, in front of a seven member board. The petition could be filed 5 years after the conviction, adjudication, commitment, probation or parole.

The Firearms Reform bill s.2367 merely took the existing state references to Federal law, and fixed the language to a point in time in 1994. Lawmakers followed that Federal language supposedly in 2004 as well, and believed the net effect on Ma gun owners should be zero.

Under M.G.L c. 140/ 130B, since 2004, people who were previously denied a firearm license were able to sometimes successfully petition the FLRB to regain or gain a firearm license. Police chiefs would ultimately have the final say but normally were comfortable with the findings of the FLRB.

PRESENT DAY:

Recently,…..

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.

 

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This information came from these two links below. You should understand the firearm you own and its parts.

https://www.atf.gov/file/61811/download

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-and-implements-war-terminology

Terminology & Nomenclature

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.

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This is a list of 23 States that honor your Ma. LTC. Be advised that this list can change without notice from year to year so before you travel to any of these states give their State House a call and ask for the firearm licensing division to confirm that they still honor the Ma. license.

Alabama, Alaska, Arizona, Arkansas

Idaho, Indiana, Iowa

Kansas, Kentucky

Maine, Michigan, Mississippi, Missouri, Montana

New Hampshire, North Carolina

Ohio, Oklahoma

South Dakota

Tennessee, Texas

Utah

Vermont

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.

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Things happen sometimes that are not under our control, we are all susceptible to being blindsided from time to time. If someone pulls a 209A restraining order against you for instance while they are having an alcohol induced fit etc.., and suddenly the police are there taking your firearms/ammo away, here is something for you to consider.

At the time of confiscation, by law, the police are supposed to do two things:

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

Rated #1 at AMAZON in the Shooting section!! Check out GUN SENSE now.

 

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Changes in the gun laws as of 8-13-2014;

H.4376 Highlights Breakdown:

H.4376 Accomplished many positive things for Ma. gun owners including Juniors:

Critical Training language correction for juniors, this now allows trainers to provide firearms to junior shooters and hunters with parental consent. Allows juniors to apply for their FID card a year early,(age 14) and receive their card at 15, price $25. NOTE:  Age 15 up to 18, The fee for FID is $25, as stated in the MA General Law (Chapter 140, section 129B)(9C) Except as provided in clause (9B), the fee for an application for a firearm identification card for any person under the age of 18 shall be $25, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain 50 per cent of the fee and the remaining portion shall be deposited into the General Fund. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit quarterly that portion of the firearm identification card application fee which is to be deposited into the General Fund, not later than January 1, April 1, July 1 and October 1 of each year.

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.

 

 

 

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Mark Shean, author of GUN SENSE on Amazon, and inventor of the FTSS switch for the KSG shotgun. 

The link to this demonstration is on youtube.  http://shotgunswitch.com

 

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The Ma. E-FA10 form is a transfer of ownership form, it is not gun registration. When you buy a firearm at the gun store, or from an individual, you need to fill out the E-FA10 form online now, by law, to transfer ownership of that firearm. If you did not do that in Ma. you would be committing a felony. See ‘Notice’ 20 lines down as to why this is not registration. See (GS#36) and……

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.

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Gun Sense #42, Legal Resident Aliens, (Federal Law) and license info.

Question: Can a LEGAL Resident Alien apply now for an LTC, (license to carry) in Massachusetts ?

Answer: Yes, a Legal Resident Alien (so-called ‘green card’ holder) can apply for an LTC on the SAME BASIS as a citizen.  It is the result of the federal court, Fletcher v. Haas decision, found here: …….

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

 

 

 

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Submitted by Mark Shean, author of GUN SENSE, now on Amazon.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 121 of chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the figure “(30)”, in line 11, the following words:- as appearing in such section on September 13, 1994.

SECTION 2. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the figure “922”, in line 21, the following words:- as appearing in such appendix on September 13, 1994.

SECTION 3. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the figure “(31)”, in line 58, the following words:- as appearing in such section on September 13, 1994.

SECTION 4. Section 129B of said chapter 140, as so appearing, is hereby amended by inserting after the word “board”, in line 148, the following words:- in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90.

SECTION 5. The first sentence of clause (9) of said section 129B of said chapter 140, as most recently amended by section 34 of chapter 140 of the acts of 2003, is hereby amended by striking out the figure “4” and inserting in place thereof the following figure:- 6.

SECTION 6. Said first sentence of said clause (9) of said section 129B of said chapter 140, as so appearing, is hereby amended by inserting after the word “issue” the following words:- , except that if the cardholder applied for renewal before the card expired, the card shall remain valid for a period of 90 days after the stated expiration date on the card, unless the application for renewal is denied.

SECTION 7. Clause (12) of said section 129B of said chapter 140, as so appearing, is hereby amended by inserting after the word “expired”, in line 201 the following words:- , meaning after 90 days beyond the stated expiration date on the card.

SECTION 8. Said clause (12) of said section 129B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 215, the words “expired on” and inserting in place thereof the following words:- expired, meaning after 90 days beyond the stated expiration date on the card, or.

SECTION 9. Said chapter 140 is hereby further amended by inserting after section 130 the following section:-

Section 130B. (a) There shall be a firearm licensing review board, established within the criminal history systems board, in this section called the board, comprised of 7 members, 1 of whom shall be a member of the criminal history systems board appointed by the executive director and who shall be the chair, 1 of whom shall be the secretary of public safety or his designee, 1 of whom shall be the colonel of state police or his designee, 1 of whom shall be appointed by the Massachusetts Chiefs of Police Association, 1 of whom shall be the attorney general or his designee, 1 whom shall be an attorney with litigation experience in firearm licensing cases and appointed by the governor from a list of qualified persons submitted to the governor by the Massachusetts Bar Association, and 1 of whom shall be a retired member of the judiciary and appointed by the governor.

(b) An applicant for a firearm identification card or license to carry who has been convicted of or adjudicated a delinquent child or youthful offender by reason of an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth which was not: (a) an assault or battery on a family member or household member, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the review board, may, after the passage of 5 years from conviction, adjudication as a youthful offender or a delinquent child or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring, file a petition for review of eligibility with the firearm licensing review board.

(c) The petitioner shall provide to the board a copy of a completed firearm identification card or license to carry application, which application shall have previously been submitted to the licensing authority or be submitted to the licensing authority contemporaneously with the petition filed with the board. The petitioner shall have the burden to prove his suitability to receive a firearm identification card or a license to carry by clear and convincing evidence. The board shall set a reasonable filing fee to file the petition.

(d) If the board determines, by 2/3rds vote, that: (i) the sole disqualifier for the petitioner is any conviction or adjudication as a youthful offender or a delinquent child for an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth, arising out of a single incident and which does not otherwise disqualify the petitioner under subclauses (a), (d) or (e) of clause (i) or clauses (ii) to (ix), inclusive, of paragraph (1) of section 129B or subclauses (a), (d) or (e) of clause (i) or clauses (ii) to (vii), inclusive, of paragraph (d) of section 131, and which was not an assault or battery on a family member or household members, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the board; (ii) 5 years has passed since such conviction or adjudication or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring; and (iii) by clear and convincing evidence, that the petitioner is a suitable person to be a firearm identification card or license to carry holder, the board shall determine that the petitioner’s right or ability to possess a firearm is fully restored in the commonwealth with respect to such conviction or adjudication and that such conviction or adjudication shall not prohibit such petitioner from applying to a licensing authority for a firearm identification card or license to carry. The board shall make a determination on a petition within 60 days after receipt of the petition.

(e) The board shall hold hearings at such times and places as in its discretion it reasonably determines to be required, but not less than once every 90 days, and shall give reasonable notice of the time and place of the hearing to the petitioner. The board shall have the power to compel attendance of witnesses at hearings.

(f) All hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and payment for stenographic services, as determined by the board, accompanies such request, the board shall cause a verbatim transcript of the hearing to be made. The board’s decisions and findings of facts therefore shall be communicated in writing to the petitioner and to the licensing authority to whom the petitioner has applied or intends to apply within 20 days of rendering a decision.

(g) Members of the board shall serve without compensation, but shall be entitled to reasonable subsistence and travel allowances in the performance of their duties.

SECTION 10. Section 131 of said chapter 140, as so appearing, is hereby amended by inserting after the word “board”, in line 210, the following words:- in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90.

SECTION 11. The first paragraph of subsection (i) of said section 131 of said chapter 140, as most recently amended by section 103 of chapter 46 of the acts of 2003, is hereby further amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- A license to carry or possess firearms shall be valid, unless revoked or suspended, for a period of not more than 6 years from the date of issue and shall expire on the anniversary of the licensee’s date of birth occurring not less than 5 years but not more than 6 years from the date of issue, except that if the licensee applied for renewal before the license expired, the license shall remain valid for a period of 90 days beyond the stated expiration date on the license, unless the application for renewal is denied. Any renewal thereof shall expire on the anniversary of the licensee’s date of birth occurring not less than 5 years but not more than 6 years from the effective date of such license.

SECTION 12. The fifth sentence of subsection (i) of said section 131 of said chapter 140, inserted by section 429 of chapter 26 of the acts of 2003, is hereby amended by inserting after the word “commonwealth” the following words:- and not less than $50,000 of the funds deposited into the General Fund shall be allocated to the Firearm Licensing Review Board, established in section 130B, for its operations and that any funds not expended by said board for its operations shall revert back to the General Fund.

SECTION 13. Said first paragraph of said subsection (i) of said section 131 of said chapter 140, as most recently amended by section 103 of chapter 46 of the acts of 2003, is hereby further amended by adding the following sentence:- For the purposes of section 10 of chapter 269, an expired license to carry firearms shall be deemed to be valid for a period not to exceed 90 days beyond the stated date of expiration, unless such license to carry firearms has been revoked.

SECTION 14. Said section 131 of said chapter 140, as appearing in the 2002 Official Edition, is hereby amended by inserting after the figure “70”, in line 243, the following words:- and any law enforcement officer applying for a license to carry firearms through his employing agency.

SECTION 15. Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expired”, in lines 280 and 293, the following words:- , meaning after 90 days beyond the stated expiration date on the license.

SECTION 16. Subsection (m) of said section 131 of said chapter 140, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- The officer shall, at the time of confiscation, provide to the person whose firearm, rifle or shotgun has been confiscated, a written inventory and receipt for all firearms, rifles or shotguns confiscated and the officer and his employer shall exercise due care in the handling, holding and storage of these items.

SECTION 17. Section 18C of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the second, third, fourth and fifth sentences.

Approved July 1, 2004.

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Recently someone who had taken my class had followed my advice about how to handle a town that only wanted to give a restricted license to the law abiding citizens that pay their salary’s, the particular town he lives in is Wareham, there are other towns that also disrespect the residents in this manner. You may want to read the following letter he sent me, with his permission, I have put it on my website.

Comment: Mark, I have been meaning to contact you and thank you for your help but I wanted to wait until I had good news yesterday I picked up my class A license at the Wareham PD; a full five months after my interview, and almost seven months after I applied.

The interview went well and in fact it went down just as you suggested it would. I was told that they would probably start me off with just an FID I politely said, not interested; if you want to reject my application do so in writing and I will appeal.

I was then told that we’re winning all the appeals. I replied, you would not win this one. I am a picture of stability. I’ve been in the same job for forty years, the same address for 30 years, I pay all my taxes & bills, I owe nobody anything, I’ve never been in trouble or arrested, and I’m not going to be the only one in this town without a gun. If I don’t qualify then nobody here does and you’ll have to defend virtually every permit you have given out to justify excluding me.

The officer then said well we don’t  give you a license to drive without a permit why would we give you a permit to carry a handgun when you have no experience? I said well, I don’t have a right to drive, but I do have a constitutional right to have a weapon and since you brought it up, I’ve had a drivers license for 43 years, driven over one million miles, and not had an accident.

At the end I said; Look,I don’t own any property that I can’t just replace. I don’t own anything that’s worth hurting anyone or getting in trouble over but I do have a wife and two daughters in a neighborhood that is becoming increasingly dangerous, and the police alone cannot guarantee their safety. The officers response, perfect.

So again, thanks a lot for your help Mark, particularly with preparing me for that interview. Tom M.

Thomas, Wareham Ma. 9-15-2013

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