Archive for the ‘Gun Sense’ Category
After you receive your State Firearm Safety Certification the first thing you should know is that it will be a waste of your time if you go to the police station thinking that you can just walk in and fill out the gun permit application, 99% of police stations will send you away and tell you to make an appointment. So save your time by following these tips and good advice. It is not really an ‘Interview’ in the sense you might think, what they want is for you to fill out an application, they take your picture, your fingerprints, and your $100…….
1. Call the police station first, ask for the person in charge of licensing, get his/her name, extension #, and email, if he has no email get the police department email. The email will be real handy when it is time to renew your license 6 years later, because two months before your birthday you should contact the police by email to let them know your license will be expiring and that you would like to set up an appointment to fill out an application to renew it. SAVE the email as proof you contacted the police and started the process. If your birthday comes and you have not yet filled out the application because the police have not brought you in for an appointment, by law they will have to honor your ‘expired’ license for an additional 90 days, email them again with attached copy of the original email. Note: If you are a Plymouth resident you will need to email Marsha at Bruillard@plymouthpolice.com do not call her.
OH NO!! If you forget to start the process to renew, and your birthday passes by before you think about it, then you realize and run to the station very concerned that your license has expired, the police will tell you that since you allowed it to expire you will need to turn in your guns. They can also fine you $500 for allowing it to expire, that fine is on the books though I have not heard of anyone being fined. If you now have no license you can not legally take your guns to the station, you will need someone else to go with you that does have a license. A friend or relative can hold your guns for you but will need to write a note to the police that has this information on it : Name, gun license #, address, phone#, and the note saying he will take responsibility for your guns while you renew your license, by law the police will/should accept this. Some police chiefs will tell you to take the firearm safety course for another certificate first, as a ‘hoop’ to put you through.
The moral to this story should be not to forget to start the process. Even though the state is supposed to send you a notice that your license is about to expire two months before it expires, don’t hold your breath for that notice. I have been renewing my license since 1970 and have NEVER recieved a notice, some of my friends have and others have not, so it is a hit or miss proposition. Note: If you decide that you no longer want a license, before it expires you would need to be rid of guns in your name.
2. Take note of the date of your application appointment, go 40 days out and note that date on your calendar also, this is the ‘window’ they have to deny or approve your permit. If you are denied you will receive a letter from the police stating why,(this can be appealed, see #13, #20 Gun Sense). After 40 days if you have not been denied, your not going to be, every town has experienced longer than the normal turn around time legally prescribed by the state, (the state is breaking it’s own law) for these licenses, now you need to just be patient.
3. Next, as you look at the front of the application you will see license choices, if your 21 years or older check off class ‘A’ Large Capacity, if your under age 21 choose FID. As you read you will find a question that asks for your reason for the license, put three words here, ‘Any Lawful Purpose’. If for some bizarre reason, (known only to them) the police in your town do not like giving a license for lawful reasons,,,, use this as your second choice: ‘For Personal Protection’, it is a silly matter of semantics’s as far as I can see. If you are required to bring letters of recommendation please read G.S. #33. If you are required to write a letter as to what your ‘reason‘ or ‘need’ is for wanting a license please read G.S. #19. If they try to insist that they are going to give you a license you do not want, class ‘B’ for instance, simply refuse it, tell them you would like a letter from them stating why you are being denied the license you applied for. If you know you should not be denied as stated in 4 below, stand your ground, don’t be needlessly bullied. Read G.S. #13.
4. There are three set reasons to be denied, If you have been a Felon, if you have been convicted of Substance Abuse, if you have been incarcerated in a Mental Facility against your will, (by court order). There is a fourth reason also, ‘Dishonesty‘.
G. S. #34 Excerpt: There is a range of questions about being convicted for certain things. The application is not looking for parking tickets/moving violations. It is absolutely imperative that if you have been in front of a judge at some point in your life for some other reason, even if ultimately nothing came of it, you need to mention it, it is already part of your record and they want you to repeat what they already know about you. If something was ‘dismissed’ make sure you emphasize that it was dismissed, or, ‘continued without a finding’, or, ‘expired’. If you leave something out it is deemed a ‘lie by omission’, ( dishonesty) and grounds for denial.
5. There is not much room on the application to write down what you may need to say about something that once happened to you. So at home write it on a sheet of paper to the best of your recollection, make a copy of it for your gun file, ( save copies of anything you submit) because you will need this information every six years. When you come to a question that pertains to you write ‘see attached paperwork’. If you want a copy of your state CORI record,(that you could also submit) go to #34 G.S. and follow the prompts.
Mark Shean www.mafirearmsafety.com
This question comes up quite frequently in my classes: ‘Do I have to tell the police that I have a gun or a gun license if I get pulled over?’ I will start by saying that in many other states when a police officer pulls you over, and if you do have a gun license, the first words out of your mouth will have to be “I have a gun license”, if you do not say that as the first thing out of your mouth you will be arrested. If you say ‘hello’ before you say ’I have a gun license’, you will be arrested. But this is not a requirement/law here in Ma.
When you are pulled over on the highways or byways in Ma. you are not being pulled over because you happen to be a legal gun license holder, no, you most likely are being pulled over for a motor vehicle violation/infraction of some sort, typically speeding as the most common reason.
As a gun license holder of a Ma. class ‘A’ LTC or FID you may be, or you might not be carrying or have a long gun in the car at the time when you are pulled over. Following is an important ‘tip’ for you to seriously consider for handguns. Even though most of us can easily reach our glove box from behind the steering wheel in the little shoe boxes that pass as cars these days, and even though you would be considered under ‘direct control’ because you can easily reach the glove box, NEVER have a hand gun where your car registration ‘lives‘, do you see where I am going with this? The police officer asking for your drivers license, proof of insurance and registration does not know you from a hole in the wall, he does NOT need to see a handgun tumble from your glove box, bad things could happen to you from there…….use your own imagination on this one. He/she would have a legitimate reason to be very ’upset’ with you.
When the officer runs your information in his cruiser computer he will see that you are a legal gun license holder, so what? As I said before, you are not being pulled over because you happen to be a legal gun license holder. If the officer asks if you are carrying, this is as far as that conversation needs to go; ‘Yes sir I am” or if not “No sir, not today” don’t lie about it, there is no legitimate reason for the conversation about a legal gun license to go any farther. If a police officer says he would like to search your car, and you know there is no reason or ‘probable cause’ for him to do so, don’t be bullied, ask if he has a search warrant, this should end any fishing trip in its tracks.
There are police officers out there, (few) that may try to treat you badly because they personally do not like the idea of anyone having a gun license, or maybe they are young, (rookies) and possess far more authority than they possess matureity, not a very good combination for public relations/service. My advice is to politely listen to the unprofessional rant, at the end of the tirade ask for his/her badge number and name. Write the chief a letter clearly detailing what happened including time of day and date, any witnesses etc, then cc, (courtesy copy) it at the end of the letter to the towns selectmen, by name, to your lawyer, by name, and to your personal ’file’. Be sure to send it certified mail with return receipt to all listed, this way everyone will be on the same ‘sheet of music’ in this matter. You will be doing the chief/town a favor in the long run. The chief may already have complaints against this person and knows he needs to nip it in the bud before it costs the town a lawsuit.
Mark Shean, Submitted on 2-22-2013
Under 527 CMR, Board of Fire Prevention Regulations: 13.04 Licenses, Permits, and Certificates. Under M.G.L. Chapter 148-13 the following quantities of explosive materials that shall be exempt from license, registration, and permit, and may be kept, or stored in a building or other structure:
(a) Small Arms Ammunition:
1. Not more than 10,000 rounds of rim fire ammo.
2. Not more than 10,000 rounds of center fire ammo.
3. Not more than 5,000 rounds of shotgun ammo.
(b) Small Arms Primers:
1. Not more than 1,000 caps or other small arm primers.
(c) Smokeless Propellants:
1. Not more than 16 pounds.
2. Persons under age 18 may not keep or store smokeless propellants.
3. Not more than 2 pounds of such propellant shall be stored in a multiple family dwelling or a building of public access.
(d) Black Powder:
1. Not more than 2 pounds.
2. Persons under age 18 may not keep or store black powder.
(e) Exempt quantities of small arms ammo, 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. Mark’s NOTE: A firearm certainly is NOT considered an ‘original container’ to lock away with ammo inside it. If a loaded firearm became hot enough in a fire the gun would go off just as if you pulled the trigger yourself, a fireman’s job is dangerous enough without the added danger of inadvertently being shot. The fire Marshall understands this. So if someone tells you that you can leave a gun loaded so long as it is locked up or trigger locked, ask that person to point out specifically in the law where that is stated, because obviously it runs contrary to what is stated under M.G.L Chapter 148-13. Pardon the pun, but Ma. gun laws are written vaguely so that the courts can ‘burn’ you any which way they choose to interpret them. So Beware. It is better to be proactive and do a little more than what is thought to be required, than to take chances on being charged over misconceptions in vague law.
NOTE: Storage by Permit increases the amounts of ammo, primers, smokeless propellants and black powder in private use that you may have. But be aware that when you apply for and are approved for a permit to store more than quantities listed above you consent to periodic inspections by the Fire Marshall or his designee. The entire code can be viewed under 527 CMR.
Submitted/added to ‘Gun Sense’ 12-2-2012 By Mark Shean
When a gun owner dies, the “heir or legatee” is not immediately in illegal possession if they do not have a license. Chapter 140, § 129 gives a 180 day exemption. By the end of 180 days, the person in charge of the estate should have either done one of three things:
- Transfer the firearms to a dealer
- Transfer the firearms to a person who has the appropriate FID/LTC
- Or, applied for an extension of the time period to the chief of police
- If the deceased had a MA license: It appears that an FA-10 could be filled out during this 180 day period, with the deceased person’s information as the seller, and the new owner as the buyer. The executor/executrix should sign [her name] for the estate of [deceased’s name].
- If it has been longer than 180 days, or the deceased did not have a current LTC, then the sales must go through a licensed dealer.
- If the inheritor is out of state, then have the executor/executrix ship the guns to a licensed dealer in that state OR have the inheritor pick them up directly.
- Inherited guns still need to be registered with the state! Inheriting Across State Lines: If a MA resident with an LTC/FID inherits guns from a deceased person out of state, they may go directly and pick up those guns (provided it is lawful for them to possess those guns in that state as a non-resident). Although the federal government prohibits private transfers across state lines, it does make an exception for “direct bequest or interstate succession.” This is especially handy when we are talking about a person inheriting handguns that may not be “MA compliant”. Inherited guns still need to be registered on an FA-10 form.
The electronic ‘E’-FA-10 can be used in place of the paper firearms transaction forms, (FA-10) used by Ma. residents to report firearms transactions to the Firearms Records Bureau (FRB) as required by G.L.c.140, §§ 128A and 128B. E-FA-10 is an Internet-based application that allows residents of the Commonwealth to safely and securely submit firearms transfer and registration records electronically from any Internet-enabled computer.
In order to utilize the E-FA-10 system, you will need your firearms license number and personal identification number (PIN). If you do not have your PIN, please contact the licensing authority from which you obtained your firearms license to obtain it. E-FA-10 is available at: https://mircs.chs.state.ma.us/fa10
For information on firearm laws governing private sales go to www.mass.gov/cjis under the heading of “Firearms Record Bureau”. If you are using the paper, (3 page ) form FA-10 follow the directions carefully, the address to mail this form is: FRB, 200 Arlington Street, Suite 2200, Chelsea, Ma 02150
No person to person interstate transactions are allowed using these forms, Consult a Gun Dealer.
Mark Shean, Submitted FYI, July 2012
Q. Are there any places in the Commonwealth of Massachusetts that I cannot lawfully carry a firearm?
A. Yes. Some of the more common places include *State and Federal Courthouses, *Post Offices, *Prisons and Jails, and virtually all other *Federal Buildings and some *State Buildings where metal detectors are in use. *Schools and school grounds. Do not bring a gun onto school grounds without written permission, (good luck getting that…). School grounds include parking lots, driveways, and the grounds outside the building.
Marks NOTE: While all law abiding citizens are prohibited from carrying on school grounds, history shows us time after time, this has not prevented psychopaths from murdering our children there, (or anyone anywhere else) in fact it has helped to enable criminals to easily commit these atrocities in so-called ‘gun free’ zones. Foolish legislation for places not under static law enforcement protection….
Other Places where law or policy can curtail carry.
*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.
*Anyplace where there is a ‘No Guns Allowed” posting on private property. If you are not sure about a Hotel/Motel firearm policy, call ahead anonymously and ask.
*Airports, For a brief and painful stint as a TSA employee for one very long year at Logan, I had opportunity to inspect numerous firearms declared in checked baggage. There is set protocol/regulations in place that allow this, they are posted on airline websites. Notify the airline in advance of your intention to bring a firearm(s). NOTE: Do NOT show up the day of your flight with a gun asking if you can bring it with you! You would be carried away by six huge State Troopers, and may never be heard from again…
*Bars/Restaurant’s, Use your head when it comes to drinking at these places. If your bound and determined to get smashed, leave the gun at home. If your caught intoxicated while in possession of a firearm you will lose your license to carry. Just as if your caught intoxicated while driving a vehicle you will lose your drivers license. Here is the difference, in Ma. you will get your drivers license back loooong before you will get your gun license back, if ever…..keep that in mind.
You can comply with state law by leaving your firearm temporarily unattended in your vehicle if you first unload it and store it locked in the trunk of your vehicle, a locked case, or some other secure container,(not in your glove-box) ammo in a separate location. Note: Never on School Property. Please realize, however, if you leave a firearm in your vehicle, and that firearm/vehicle is stolen, you could lose your LTC. Use your best judgment in deciding whether it is a good idea. Does your destination really demand that you would need to leave your firearm behind when you park your vehicle? Weigh this consideration carefully. Again, you must unload and secure it locked in the trunk, in a locked case, or another secure container, (not in the glove-box) ammo in a separate location/area of the vehicle. You can expect that if the police become aware that you have failed to follow these provisions, they would probably file criminal charges against you.
Sincerely, Mark Shean, submitted 6-25-2012
Firearm Education Saves Lives, Firearm Ignorance Takes Lives. Ignorance of the Law lands you in Jail.
This is information that I think people need to know if they want a better chance for a gun license in Ma. If you did not hear this in your firearm safety class, you have been inadvertently set up for failure by someone who did not know enough to bring it up.
For your ‘reason’ ask if they accept, (Any Lawful Purpose), if for some bizarre reason that is not accepted, for your second runner up put, (For Personal Protection) as a reasonable alternative, it boils down to a silly matter of semantics’s in some towns. Next, read carefully, and please, take it very seriously;
When you are filling out your application for a firearm license you will come to questions that the police already have the answers too. It may be helpful for you to request a current Criminal Offender Record Information (CORI) report. This is a tool you can use to help you if your not sure of what might be part of your record, you can attach it to your application. Let me stress that you do not have to get a CORI report, only if you want to.
There is a range of questions about being convicted for certain things. The application is not looking for parking tickets/moving violations. It is absolutely imperative that if you have been in front of a judge at some point in your life for some other reason, even if ultimately nothing came of it, you need to mention it, it is on your record and they want you to repeat what they already know about you. If something was ‘dismissed’ make sure you emphasize that it was dismissed, or, ‘continued without a finding’, or, ‘expired’.
If you leave something out because you don’t think it was important, because maybe it was a ‘continued without a finding’, (cwoaf) or maybe it is an expired 209-A restraining order, or perhaps a long ago, long gone probation when you were a teen, it may not be important to you anymore, but if you leave it out the police consider it a “lie by omission” and it can lead to a denial of your gun license. It may be something that happened when you were a teen and you think to yourself that those records are sealed, think again, when it comes to a gun license they break the ‘seals’. Just because something may have happened in your past it does not necessarily mean that you will not get a license, but, if you don’t mention it, that is what may stop you short in your quest. They have your record, and they want you to repeat it, consider it a serious test of honesty. If there is nothing in your past, good, just put N/A on each conviction question.
Please see the attached information on how to get your report. Again, you do not have to get one, but if you do want one:
How do I get a copy of my CORI report?
- Go to the Massachusetts iCORI Service and click on the “Register as an Individual” link
- Answer “Yes” to the question “Would you like to request your own Personal CORI?”
- Enter your personal information, including a username, password, and e-mail address
- Verify your information; then follow additional instructions and submit your registration
- Check your e-mail for the iCORI Account Activation notice; follow the instructions to activate your account
- After you have registered, enter your username and password at Massachusetts iCORI Service
- Click on “Add Request,” select the purpose of the request, and enter the subject information
- Click on “Add & Checkout” and follow the instructions for submitting your payment
- View your CORI online (in PDF format) or download your CORI to your computer
- see the iCORI Quick Reference Guide – Register as an Individual for complete registration instructions
- see the iCORI User Guide for more information about how to request CORI and maintain your account
- call the Constituent Assistance Unit at 617-660-4640
- sign the form in front of a notary public
- include a $25 check or money order payable to the Commonwealth of Massachusetts
- include a business size, self-addressed stamped envelope
- mail the notarized form, $25 payment, and self-addressed stamped envelope to:
Department of Criminal Justice Information Services200 Arlington Street Suite 2200Chelsea, MA 02150ATTN: CORI Unit
- Your CORI report will be mailed to you in about two weeks
There are some towns in Ma. that require from 2 – 5 letters of ’recommendation’ when you apply for a class ‘A’ LTC. As mentioned, this is on a town by town basis, *most towns do not ask for these letters even though they can. If you are applying for an FID card this will not be asked of you, and is stated on the application that it is not required. If you are asked to produce letters of recommendation my advice to your friends is to keep it short and to the point. This is an example/template to follow: I have known Eric for X number of years and have no reason to believe he should not attain a gun license. He has always been level headed in my view. Any questions please feel free to call. Thank you, John Doe, address, phone #
The reason it should be kept ‘short and sweet’: *In my opinion it has no legitimate purpose, as I am certain many towns have already surmised. When towns ask for letters from friends, it would follow that friends will write nice things about you. What would the police possibly glean from these nice letters? Nothing. It is just a ‘hoop’ that some towns want you to jump through simply because they can. I do not believe the police even glance at these letters. Your friends can not possibly know what the police already know about your legal record, (if any) so it is a pointless and time consuming exercise/’hoop’.
If you were a criminal in prison you would probably be asked for names of those who might want to come visit you. This has relevance, if you were to escape, the authorities would now have a wider base of information in their search for you. You on the other hand are a law abiding citizen, the police already know this to be true, due to the lack of any criminal record, you should not need to jump through ‘hoops’. Treating you badly does nothing to prevent a single crime. *Don’t be discouraged or intimidated, play this game if you must, you will still get your license. Another ‘hoop’ some towns/cities put people through is demanding a “Reason” letter, please go to Gun Sense #19, ‘Reason’ Letter for Ma. class ‘A’ LTC for help in dealing with this game. Sincerely,
Mark Shean, submitted 1-5-2012
A Synopsis of State Laws on Purchase, Possession and Carrying of Firearms in Massachusetts
NOTE: Caution: State firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult an attorney.
POSSESSION: Either a Firearm Identification card (FID) or a License to Carry (LTC) is required to own or possess a handgun, rifle, shotgun or ammunition. An investigation of the applicant by the local chief of police or his delegate is required before issuance of an FID. There is a $100 fee for the FID and LTC is valid for 6 years, unless revoked or suspended “for cause” at the will of the licensing authority. When you renew, prior to the expiration date, (your birth-date) you will receive a 90 day grace period should your license expire while waiting for said renewal. Persons over 70 shall be exempt from all renewal license fees.
An applicant is entitled to an FID unless he has been convicted of a felony within the last five years, or has been confined or treated for drug addiction or habitual drunkenness within the last five years, or has been confined to any hospital or institution for mental illness unless he has an affidavit from a physician stating that he is not disabled in a manner which should prevent his possessing a handgun, rifle, or shotgun. All aliens and minors under the age of 15 are prohibited from obtaining an FID card; but a minor between the ages of 15 and 18 may obtain an FID card with the written permission of his parent or guardian.
The licensing authority “may not prescribe any other condition“, (as stated above) for the issuance of an FID. Notice of approval or denial must be given to the applicant within 30 days. If denied, the applicant may appeal to the District Court for judicial review. (see link below)
Any person who inherits a rifle, shotgun or handgun is required to obtain an FID or license to carry LTC, within 180 days if he intends to retain possession of the frearm(s).
A new resident moving into the state who owns firearms has 60 days in which to obtain an FID or a LTC to make the possession legal in Massachusetts. A person may possess but not carry during this 60 day period. An alien may obtain an “alien permit to possess” from the state Commissioner of Public Safety which will allow him to possess a rifle or shotgun. These permit cards are valid for one year and are issued only to aliens with a U.S. Immigration card.
EXEMPTIONS from the FID and licensing requirements are provided for: 1. The temporary holding or firing of a handgun under the supervision of a person with a LTC, or the holding or firing of a rifle or shotgun under the supervision of a person with an FID or “where such holding or firing is for a lawful purpose”. 2. The use of a rifle or shotgun for hunting or target shooting by a minor under age of 15, provided he is under the immediate supervision of a person holding an FID or a LTC. 3. Possession by a chartered veterans organization and possession by their members when on ceremonial duties. 4. Possession by museums and institutional collections open to the public, provided such firearms are unloaded and secured. 5. Possession by federally- licensed manufacturers and dealers and their employees when necessary for manufacture, display, storage or testing.
PURCHASE: To purchase a rifle, shotgun, handgun or ammunition the buyer must have an FID or LTC or proof of exempt status (police or military) and be at least 18 years old. It is a crime (felony) to sell, give away, loan or otherwise transfer any firearm or ammunition to anyone who is not properly licensed or otherwise authorized to possess or receive such firearm or ammunition.
A private individual is permitted to sell up to four firearms in a linear (365 day period) year, unless sold directly to a licensed gun dealer. He must be properly licensed to possess these firearms and the purchaser must be properly licensed to buy them. The seller must file a report of the sale with the Commissioner of Public Safety within seven days of the sale. This report must be on the proper forms provided by the Commissioner and give all required details regarding the seller, purchaser and the firearm being transferred, including the caliber, make, and serial number along with the FID or LTC numbers of both buyer and seller. NOTE: This is form F.A.-10 or “Firearms Sale/Rental/Lease Transaction Form” and should be found at your local police department.
CARRY: A person may not carry a loaded rifle or shotgun on any public way. The LTC allows the holder to purchase, possess or carry an unlimited number of handguns. A license may be issued to an applicant who satisfies the requirements for obtaining a LTC, who appears to the chief of police to be “a suitable person to be so licensed” and who has “good reason to fear injury to his person or property”. In addition, the applicant must never have been convicted of a felony, must be 21 years of age, or 15, (with parents permission) for FID, and be a US citizen. A license also may be issued for “any lawful purpose” including the carrying of firearms for the reason of ”target and hunting only”.
An applicant must be notified of a denial within 40 days of submitting an application for a LTC. In the event a license is denied, revoked, or no reply has been given within 40 days of submitting an application, the aggrieved may, within 45 days file a petition for judicial review in the District Court.
Change of Address: Any license holder who moves his residence to another jurisdiction within the state must, within 30 days, notify the chief of police who issued the license, the chief of police in the jurisdiction where he is moving, and the Commissioner of Public Safety. Failure to provide such change of address notification is unlawful and may void the license. NOTE: You can find the form ”Change of Address Notification For License To Carry Firearms And Firearms Identification Card” at your local police department. Pick up four of them, one is for your file.
Transportation in a vehicle: A resident may transport a rifle or shotgun provided it is unloaded and he has at least an FID. A resident may transport a handgun only if he has a LTC. It is legal to temporarily leave a firearm unattended in a vehicle if it is properly in the “Stored or Kept” condition only. Note: See this link for Stored or Kept” and “Direct Control” Gun Sense #22, Ma. ‘Stored & Kept’ and ‘Direct Control’ definition.
NON-RESIDENTS: A non- resident may possess a rifle or shotgun in Ma. 1. While hunting and in possession of a valid hunting license. 2. While on a firing or shooting range. 3. While traveling in or through Ma. if the rifle or shotgun is unloaded and enclosed in a case. 4. While at a firearms show organized by a “regularly existing gun collector’s club or association”. 5. If he has a license or permit to possess any firearm in his home state. To transport or possess a handgun, a non-resident must obtain a temporary LTC good for one year, from the Commissioner of Public Safety, 200 Arlington St. Suite 2200, Chelsea Ma. 02150, Tel: 617-660-4600. A temporary license may be issued to a non-resident or alien or person not falling within the jurisdiction of a local licensing authority.
The colonel of state police may issue a temporary license to carry a handgun to a non-resident, alien, or resident who does not live within the jurisdiction of a local licensing authority. 1. A temporary license must clearly indicate whether it is a class A or B license. The fee for a temporary license is $50. 2. Temporary licenses are good for one year, and renewable at the discretion of the colonel of state police. Unlike regular class A and B licenses, temporary licenses may not be used to purchase firearms. 3. A non-resident with a license to carry a handgun issued by his home state* may carry a pistol or revolver in Ma. for the purpose of taking part in a competition or exhibition of handguns, or for hunting provided he has a valid hunting license issued by Ma. or the state of his destination. *( Provided that the home state has the same requirements as Ma. for obtaining a LTC ).
Antiques and Replicas: An antique firearm is defined as any handgun, rifle or shotgun manufactured in or before 1898, or any replica thereof which is not designed for firing fixed ammunition or which uses fixed ammunition no longer manufactured in the United States and no longer readily available commercially. An FID card is not required to possess antique and replica firearms in the home or place of business. A LTC is required when antique and replica handguns are being carried outside the home or place of business. An LTC is also required to carry antique and replica rifles ad shotguns outside the home or place of business.
Machine Guns: A machine gun “is a weapon of any description, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, and includes a sub-machine gun”. It is unlawful to possess a machine gun without a special license. Application is made to the local police chief who, in his discretion, may issue a license to any applicant “who is a suitable person to be so licensed”, and is a firearm instructor certified by the criminal justice training council for instructing police personnel or is a bona fide collector of firearms. A LTC is a prerequisite.
Miscellaneous Provisions: 1. Although persons in the military and other peace officers are exempt from the above requirements, this exemption is applicable only when they are performing their official duties or when duly authorized to possess weapons. It is not applicable for any private or sporting use of such rifles, shotguns or handguns. 2. Air guns and BB guns are regulated by the above provisions. 3. It is unlawful to possess, sell, or transfer any firearm whose shape does not resemble a handgun or short-barreled rifle or shotgun, or that is not detectable by x-ray or metal detector. 4. It is unlawful to remove, deface or alter in any manner the serial or identification number of a firearm, or knowingly to receive such a firearm. Possession of a firearm with an altered or defaced number creates a legal presumption that the possessor committed the offense. 5. Discharge of any firearm within 150 feet of a public way or 500 feet of a building in use is prohibited, except with the consent of the owner or legal occupant, in defense of life and property, or at licensed shooting galleries, target, test, trap or skeet ranges with the permission of the owner or legal occupant. 6. In the event of theft, loss or recovery of any firearm, the owner is required to notify the executive director of the Criminal History Systems Board, and the licensing authority in the city or town where the owner resides. 7. Any person in possession of any firearm is required to exhibit his FID, receipt for FID card fee, license to carry, or hunting license to a law enforcement officer upon demand. If the person fails to display the appropriate document, he may be required to surrender his firearm, although he may recover it if he produces the license within 30 days. 8. The governor shall appoint a 7 member gun control advisory board. Their duties include compiling and publishing a roster of large capacity rifles, shotguns, handguns, and feeding devices. 9. Any handgun or large capacity firearm sold without a safety device approved by the colonel of state police “shall be defective and the sale of such weapon shall constitute a breach of warranty … and an unfair or deceptive trade act or practice.” This creates a civil cause of action. 10. All firearms must be stored or kept secured in a locked container or equipped with a lock or other safety device. A firearm is not considered stored or kept if carried by or under the “direct control” of the owner or other lawfully authorized user. A violation of this provision is evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under 18 gains access to a firearm. A violation of this provision is also criminally punishable by a fine of up to $10,000 and/or imprisonment up to 10 years. 11. In a domestic relations restraining order, (201-A) the court shall also order the defendant to surrender any firearm, ammunition, and cards and licenses therefor if it makes a determination that the defendant presents a likelihood of abuse to the plaintiff.
Addtional Provisions for Boston: In Boston under a vague law it is unlawful to possess, display, transfer, or receive: 1. Any shotgun with a revolving cylinder and/or a capacity exceeding six rounds. 2. A semiautomatic rifle with a fixed magazine capacity exceeding 10 rounds. 3. Any SKS, AK47, UZI, AR-15, Steyr AUG, FN-FAL, and FN-FNC rifle. 4. Any semiautomatic pistol which is a modification of a proscribed rifle or shotgun with a shorter barrel or no stock, and any magazine or belt which holds more than 10 rounds. Also:
An “assault weapons roster board” may add additional firearms to the list of so-called “assault weapons.” Such firearms must have been registered with the Boston Police Commissioner within 90 days of the effective date of the law (12/9/89), or they are unlawful. An owner, in Boston, of a firearm added to the roster of assault weapons must obtain a license to possess it within 90 days of its addition, or it becomes unlawful. The provision does not apply to possession by non-residents of Boston at a sporting or shooting club by persons who possess the requisite state license to carry. It also does not apply to persons taking part in competition or at a collectors’ exhibit or meeting or traveling to or from such event or while in transit through Boston for the purpose of hunting by licensed hunter, provided that in all cases the “assault weapon” is unloaded and packaged and the person has a Massachusetts FID card or has a license or permit to carry or possess firearms issued by another state.
Massachusetts has a mandatory sentence of one to two and 1/2 years imprisonment for anyone convicted of illegally possessing a firearm loaded or unloaded. It is illegal to possess chemical ’mace or pepperspray’ without an FID or LTC or class D license at this time. It is illegal to possess a ‘stun gun/tazer’, there is no license available.
Printed 12-28-2011 mafirearmsafety.com
Dear Rep. Dwyer, This is a copy of a certified letter I sent 5 years ago to the State House, to my elected ’Representative’, with no response. Can I ask that you now represent this ongoing concern?
State House, Boston: Dear Mr. DeMacedo; Hello, I will try to be as concise as possible concerning the problem herein. I am a basic firearms instructor registered with the state. As such, I have had the opportunity to hear many varied true stories that concern many an honest citizens quest to gain his or her license to carry concealed in this state. I will relay to you the following examples that highlight a few of the road blocks that are being reported to me from people that have taken my safety class, as well as others who have contacted me.
I am attempting to give you all an accurate reference or ‘at a glance’ guide of what states will honor the Utah non resident CCW, and what states will honor the Florida non resident CCW, and what states will honor both of them, or just one of them. Now , I have found this to be harder than I thought it would be when I set out to do this project, if there is something, anything I have missed please email me about the oversight pointing to accurate facts, and I will research and correct the error quickly. Thank you. Mark Shean–
First things first, I thought it would be best to begin by listing all the constitutionally dysfunctional states/regimes, these are the regimes where the progressives, (democrats) will not honor anyone’s out of state license to carry, (your a bad guy in these states). These regimes are listed here in alphabetical order:
CALIFORNIA, CONNECTICUT, HAWAII, ILLINOIS (Obama nation), MARYLAND, MASSACHUSETT’S, NEW JERSEY, NEW YORK, OREGON, RHODE ISLAND, WISCONSIN. There you have it, eleven states that do not consider your gun rights as a citizen of the United States under the Constitution. Personally, I will not spend my money in states that do not honor our Constitutional/God given right to self defense within our nations boarders, from sea to shining sea.
These next 4 states will only honor the UTAH non resident CCW, (as opposed to Florida) if you have it, not both: Arizona, Michigan, Minnesota, + North Carolina. *Bear in mind the title of my article, I am not talking about other non-resident licenses these states may already honor, only these two ‘multi’ state license’s.
These next 3 states will only honor the FLORIDA non resident CCW, (as opposed to Utah) if you have it, not both: Kansas, New Mexico,+ South Carolina.*Again, bear in mind the title of my article, I am not talking about other non-resident licenses these states may already honor, only these two ‘multi’ state license’s.
Colorado, under 18-12-213. Current Reciprocity.
(1) A permit to carry a concealed handgun or a concealed weapon that is issued by any state that recognizes the validity of permits issued, (by Colorado) pursuant to this part 2 shall be valid in this state in all respects as a permit issued pursuant to this part 2 if the permit is issued to a person who is:
(a) Twenty-one years of age or older; and
(b) (I) A resident of the state that issued the permit, as demonstrated by the address stated on a valid picture identification that is issued by the state that issued the permit and is carried by the permit holder; or
(II) A resident of Colorado for no more than ninety days, as determined by the date of issuance on a valid picture identification issued by Colorado and carried by the permit holder.
(2) For purposes of this section, a “valid picture identification” means a driver’s license or a state identification issued in lieu of a driver’s license.
Before I get to the states that do honor both the Utah and Florida CCW, there needs to be some clarification for New Hampshire, Florida, Kansas, New Mexico + South Carolina. OK, here we go, New Hampshire will honor the Florida and Utah CCW only if you are a resident of Florida and Utah. Kansas, South Carolina and New Mexico will honor the Florida CCW only if you are a resident of the ‘Sunshine’ State, they will not honor Utah. Lastly, Florida will recognize the Utah license only if your a resident of Utah. Please read this paragraph over a couple times, it can be confusing.
The next list of 27 states will honor both the Florida and Utah CCW, this does not mean they will not honor other state licenses as well, but for the sake of attempting simplicity, if you have a non resident Florida and/or Utah CCW multi state license you will know where you can take your concealed handgun in your travels: Alabama, Alaska, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah-(FL), Vermont, Virginia, Washington, West Virginia, + Wyoming. Again, 27 states in all. NOTE: Utah honors the Florida CCW even if your not a resident of Florida. As mentioned previously, Florida does not do the same for Utah.
These next are a few states that do not honor the Utah CCW, but a couple may honor Florida* and other state licenses, only if you are a resident from that state:
KANSAS, As of 6-14-2011, will recognize: Arizona, Florida, (as already mentioned), Minnesota, Nevada, New Jersey, North Dakota, South Carolina, + Texas.
MAINE, As listed 8-23-2011,will recognize: Arkansas, Delaware, South Dakota, Louisiana, North Dakota, + Wyoming.
NEVADA, As of 7-1-2011, will recognize: Alaska, Arizona, Arkansas, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, North Carolina, Ohio, Tennessee, Rhode Island, + West Virginia.
NEW HAMPSHIRE, As listed 8-23-2011, Alabama, Alaska, Arkansas, Arizona, Colorado, Florida (as previously mentioned), Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, North Dakota, Oklahoma, Pennsylvania, Tennessee, Utah (as previously mentioned), + Wyoming.
NEW MEXICO, As listed 8-23-2011, Formal written reciprocity with Texas, informal reciprocity with; Alaska, Arizona, Colorado, Delaware, Florida, (as already mentioned), Kentucky, Michigan, Minnesota, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Virginia, + Wyoming.
SOUTH CAROLINA, As listed 8-23-2011, will recognize: Alaska, Arizona, Arkansas, Florida, (as already mentioned), Kansas, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Tennessee, Texas, Virginia, West Virginia, + Wyoming.
NOTE: It does not matter what license you may have to go into other states, the states you go into EXPECT you to know their laws concerning concealed carry. So it is in your best interest to do your homework prior to traveling. Even in the 11 constitutionally dysfunctional states you are protected by a federal law* if you find yourself passing through one of these 11 regimes, it is known as the McClure-Volkmer Act of 1986, you can read it below:
INTERSTATE TRANSPORT of FIREARMS info:
NOTE: The Federal McClure-Volkmer Act of 1986*: In a nutshell, (as I read it, not verbatim). This federal act will protect you from criminally friendly, ‘constitutionally dysfunctional’ states/regimes, (11 of them, Ca. Ma. Ill. NY. NJ. etc.) in this way: Individuals transporting through certain states that would otherwise view such transport as ‘illegal’, may do so under this law if the weapons are unloaded, cased and stowed in a trunk or locked vehicle compartment which is not readily accessible to the occupants. Any ammunition must also be kept separate and be locked away from the occupants and firearms.
Mark’s Note: (This ‘act‘ I believe, is to ensure the safety of any criminal(s) intent on a felony assault of you and your loved ones in these 11 ’constitutionally dysfunctional’ states/regimes) also (I suggest buying the ammo when you get to where your going, as there may not be enough ‘compartments’ in your vehicle to be in compliance.) This ‘act’ is a reflection of our so-called Representative’s looking out for our safety…….?! Sure…..
‘ACT’ 0f 1986 continued; The law abiding traveler(s) must simply be passing through the ‘constitutionally dysfunctional’ states/regimes, and must be bound for a jurisdiction where the possession of such weapons are not considered a threat or illegal by any ‘constitutionally respectful’ state(s). As long as the traveler(s) maintain a steady uninterrupted course through the ‘constitutionally dysfunctional’ states/regimes with the ‘offending’ weapons/ammo stowed in the manner described above, they will be protected from a felony assault on their inalienable rights from the 11 ‘constitutionally dysfunctional’ states/regimes that they might travel through. Prime example; New Jersey
On a personal note: I believe we should be able to go anywhere within our United States, with one license issued by the state wherein we live, as we do with a drivers license per the Full Faith and Credit clause in our Constitution, found under Article IV, Section I. Go read it, it is already clear, all but two of these states are playing games with our gun rights. Vermont and Alaska has the Constitution right, they dont need gun licenses there to own firearms, if your a known criminal, a code is put on your drivers license, you can not own firearms, and you better not be caught with one.
Submitted By Mark Shean, 8-23-2011 www.mafirearmsafety.com