Mark Shean

Archive for the ‘Gun Sense’ Category

   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. Example: 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.

    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

www.mafirearmsafety.com

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)

Gun Sense #13, Specific to Ma. Petition for Judicial Review

    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.

Temporary Licenses:

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

  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

I will list some questions here that I have encountered in my Ma. classes, with answers.

Q. How long do I have to wait once I submit my firearm license application to the police ?

A. Generally speaking, you should receive your carry permit anywhere from 4 to 6 weeks from the time you turn in the application. This may still vary from town to town depending on staffing. Some towns will hold applications until they accumulate a certain number of them before sending them to Boston to be processed, this can add a little time to your wait.

Q. How does the denial process work ?

A. You are sent notification. If you do not receive written notification, with reasons for denial from the police within 45 days from the day you applied then you are not being denied, it is still within the 4 to 6 week ‘window’ so just be patient and it will come.

Q. If I am denied what recourse do I have ?

A. part 1, That depends on the reasons given for the denial. If you do not think the reasons given have legitimate grounds then I suggest you go to Gun Sense #13 (Specific to Ma. Petition for Judicial Review). This is on my website and walks you through the process, and yes, a denial can be overturned by a judge without the use of a lawyer. part 2, If you are denied for a past misdemeanor go to Gun Sense #20 (Ma. Misdemeanor, Been Denied Your Gun Permit/License?) Some loosening of the laws occurred in 2004, this could mean you are no longer banned from getting a gun license in Ma. under certain circumstances.

Q. Do I have to notify the authorities if I change my address while in possession of a gun license?

A. If you move out of state no. If you move from one town to another in Ma. yes. If you move from one street to another street in the same town no. Go to Gun Sense #14 (Change of Address Notification Forms). For detailed important information.

Q. What do I put on my application for a ‘reason’ to get my gun license?

A. These three words,  ’Any Lawful Purpose’, this should suffice for reasonable police as it covers any contingency in your use of a firearm under the law. But, if for some reason your police department inexplicably will not accept that, use these three words: ‘For Personal Protection’ as your second option. And if your police department also wants you to write a letter to the chief explaining your ‘reason’ for wanting a gun permit then go to Gun Sense #19 (Reason Letter for Ma. class ‘A’ LTC).  If  your now feeling a bit intimidated, I wrote a ‘template’ letter to help guide you.

Q. Can I store a loaded firearm as long as it has a trigger lock on it ?

A. No, stored firearms are to be unloaded. improper storage is a felony. Read Gun Sense #22 (Ma. Stored and Kept & Direct Control).

Q. Can I carry a loaded handgun in a motor vehicle?

A. Yes, under your ‘direct control’ .  Read Gun Sense # 22.

 Q. Can I leave a firearm unattended in my motor vehicle?

A. Yes, temporarily, a few hours at most, as long as the gun is in the ‘stored and kept’ condition, be aware,  do not turn your car into a  24/7/365  rolling gun safe, use some common sense.

Q. Where can I find a gun club to join?

A. Ma. has an abundance of gun clubs, many feature fishing as well, some specialize in other kinds of outdoor hunting/shooting sports.  Here is a good link to find a club near you:  http://massgunclubs.org/mass_gun_clubs.htm

Q. Can I bring someone shooting at a range on my license if  he/she has no gun license ?

A. Yes, but you may only have one gun present, you are responsible for safety as you supervise  someone shoot. 

Q. How much is charged by the state for an FID card?

A. As of July 12, 2011, the cost for someone under the age of 18 will be $25, and $100 dollars 18 or over. An LTC or FID are free if you are 70 or older.   (should be 65)….

Q.  If I found myself in a situation where a criminal has broken into my home and I fear for my life and the lives of my family, should I fire a warning shot or shoot to wound a threatening criminal?

A.  Every situation can be unique, never fire a warning shot, (thats a Hollywood move) it just shows an attacker where you are and if he has a gun he will not return the favor by firing a warning shot.  Do not shoot to wound, shoot to stop the threat. Under stress you lose your fine motor skills and use your gross motor skills, if you try to wound the criminal you will not stop the threat to you, he can still fight back, aim for the largest portion of the attacker and fire until the threat has been stopped.

I will be adding to this list as more questions arise that would be beneficial to pass on to you. My Gun Sense series may have answers to many of your questions already, please use it as a source of information.

Sincerely,

Mark Shean, www.mafirearmsafety.com

   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 A 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.

___________________________________________________________________________________________________________

“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

“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-

The answers can be found at the bottom of  ‘Gun Sense’ # 23  at  www.mafirearmsafety.com

1.   A firearm is given to, or received from another individual with the ‘action’ open whenever it is possible to do so?  T   F

2.   Firearms should be stored separate from ammo in your home, vehicle, or any other place they are kept.  T   F

3.   Can a handgun be carried loaded in a vehicle in compliance with ‘Direct Control’ ?  Y   N

4.   A firearm in the ‘Stored or Kept’ condition may be temporarily left in a vehicle unattended?  Y   N

5.   What condition is a firearm in, if it is not under your ‘Direct Control’ ?

6.   Define ‘Stored or Kept’.

7.   While transporting firearms not under your ‘Direct Control’ can they be loaded?  Y   N

8.   When firearms are kept in the home, is it a good idea to talk to children about gun safety at the earliest age possible?  Y   N

9.   Are firearms that are not under your ‘Direct Control’  in the home supposed to be unloaded and secured?  Y   N

10.  Should you treat firearms as loaded at all times?  Y   N

11.   Today’s double and single action revolvers have external safeties?  Y   N

12.  Should you exercise the same degree of firearm safety no matter what size caliber/type firearm you handle?  Y   N

13.  Are a ‘mis-fire’ and a ‘hang-fire’  exactly the same thing?  Y   N

14.  Should you ever take a firearm from anyone if that person has not shown you it is unloaded first?  Y   N,  Once taken how should it be handled?

15.  How long should you wait in a ‘mis-fire’ situation?

16.  When hunting always identify your ‘game’ before taking a shot.  T   F

17.  Can you describe a ‘squib’ load?

18.  Should a mechanical safety on any firearm ever be trusted?  Y   N

19.  Definition of  ”Conviction”; A finding or verdict of guilty, or a plea of guilty, whether or not final sentence is/was imposed.   T   F

20.  Who bears the responsibility of firearm safety at all times?

The answers can be found at the bottom of  ‘Gun Sense’ #23   at www.mafirearmsafety.com  or tab at top center of this page.

Mark Shean

     DO you live in a house or a condo or perhaps an apartment? Most of us do not live in tents or caves, but Barney Frank (D-Ma) and Chris Dodds (D-Ct) tried to make that happen with the housing crash…. Maybe you will want to read this.

    I am going to point out some court decisions that have come down on the side of the police. These cases were filed by people who were victims of violent crime, or filed by the surviving members of  families on behalf of a  member killed by violent criminals. They have two things in common, 1. The police did not arrive in time, or at all, to save the victim(s), and  2. No one has ever won a decision in court against the police because someone died before they could respond. Here are a sample of  four cases to highlight why the Second Amendment is vital. At the end I will give a brief summary as to why this is the way things will always remain.

    This first case, (1) concerns two women in D.C. who called the police for help when they heard people breaking into a closed off section of their apartment building. They called many times over an hours time frame before the criminals broke into where they were hiding. Over the next 14 hours they were repeatedly raped before the criminals decided to leave. The police never came. The criminals were never caught. (pay close attention to what the court ruled)

 1. In Warren v. District of Columbia (1981), The D.C. Court of Appeals ruled, “official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection…a government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen.”

   This next decision, (2) from the court is simply chilling, but, in lock step with the thread that runs through all of these court decisions. (pay close attention to the courts ruling) For more on this case and other cases like those mentioned on this page go to: www.endtimesreport.com/NO_AFFIRMATIVE_DUTY.htm

2. In Bowers v. DeVito (1982), the Seventh Circuit Court of  Appeals ruled, “[There is no constitutional right to be protected by the state against being murdered by criminals or madmen.]”

This next case, (3) involves a woman, (Linda) who had a restraining order against her violent husband, she lived in the city of New York. She was killed by her husband. The city had then, as it has now, a ban on firearms, even for protection,   Linda was a good little citizen (victim), followed the law, so,  did not own a gun…….and died because of it. (pay very close attention to the court ruling ).

 3.  Riss v. NYC, (1958). Justices rule Police do not have a constitutional duty to protect someone. The ruling applies even for a woman who had obtained a court issued protective order against a violent husband, making an arrest mandatory for a violation. Linda’s family lawyer stated; “What makes the City’s position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry/own any weapon for self defense. Thus by a rather bitter irony she was required to rely on the City of New York  for protection which now denies all responsibility to her”.

Is it starting to  SINK IN YET ?

And last, but certainly not least, # 4 …(pay close attention)

4.   Castle Rock v. Gonzales, on June 27,  the Supreme Court found that Jessica Gonzales, did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales husband, with a track record of violence, stabbing Mrs. Gonzales 3 children to death after abducting them, the police told her to wait and see if he brought the children back and made no move to locate the children. Mrs. Gonzales could not get the Supreme Court to change their 7-2 decision for one’s individual protection.

  It is a well settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen received death threats.

   There have been over 10 various Supreme and lower court cases the individual has never won, and never will win. Notably, the Supreme Court stated this about the responsibility for the security of your family and loved ones security; “You, and only you, are responsible for your security and that of your family and loved ones“. That was the essence of a U.S. Supreme Court decision in the early 1980′s when they ruled that “the police do not have a duty to protect you as an individual, but to protect society as a whole“.

 I thought society was made up of individuals? ?

     This is the rock bottom line folks, YOU ARE ON YOUR OWN! When you hear all the clowns, (our own ‘reps’) screaming about ‘gun control’ and banning law abiding citizens from owning guns, or cities forcing people to rely on the police for protection, don’t buy it. Never give up your right to self defense, even if that means ‘breaking’ the law,……maybe you should read number 3 over and over again, until it sinks in. If, as the Supreme Court says, “that we alone are responsible for our own safety”, we can never allow anyone to negate our Second Amendment or God given rights to self defense!

Summary:

    I know the courts will never allow a case to hold police responsible where someone died because they did not respond in time, or at all, that would open the flood gates of litigation, bankrupting police departments all over the country, because it is a common fact they get to the scene after the fact to gather evidence. So stop being naive by thinking the police will get there in time, it is your responsibility, and duty to defend yourself and your family at the very moment crime happens. The police are the ‘clean-up crew’, you make sure it will not be any of your family members they will put into body bags.

    I would much rather be judged by a jury of my peers, than be murdered, and carried by six to the cemetery because I FOOLISHLY put my ‘trust‘ in the government to protect me and mine.

      And you should take note of this; Even in light of the above mentioned facts, there are those in positions of authority all over the country that treat the people in their jurisdictions as if they were mere annoyance’s. Example: In San Diego County, Sheriff William Gore will not consider issuing a gun permit unless someone can show they have ‘good cause’ for it first. This is his definition of ‘good cause’; “A set of circumstances that distinguishes the applicant from other members of the general public and causes him or her to be placed in harms way”, adding to this, “fear for ones personal safety is not, standing alone, considered by me as ‘good cause’.”

Mark’s Note: About Sheriff Gore. In my estimation, after reading this highly educated pinheads convoluted ‘reasoning’, I can only come to one conclusion. He, and many other, politically appointed  hacks must think, {whats the point of having authority if you cant abuse people with it by playing ‘God’ with their safety}?  I believe he, and others, are callously putting the lives of people in danger because they want to and because they can. With that in mind, remember to read number 3 over and over until it ‘sinks’ in.

“When injustice becomes law, resistance becomes duty” -THOMAS JEFFERSON-

Submitted by Mark Shean on 2-24-2011

      First, if you would like a copy of your adult criminal record, (if any) you can call the CORI unit at 617-660-4640, 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, you can pick up the transfer form at any local police station and follow the instructions. The transaction must be reported within 7 days. Failure to report the private sale of a firearm(s) may be cause for permanent revocation of your 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.   Notice shall be sent by first class mail to license holders 90 days prior to your license expiring, and a form shall be enclosed for the renewal of such license. I guess this is why the heavy penalties if you don’t notify the authorities when/where you move, they dont want to waste our tax money on postage, there are more important pork projects to waste it on.

4.   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. (part 2)  Any law enforcement officer who discovers a person to be in possession of a firearm(s) after the person’s license has expired, meaning after 90 days beyond the stated expiration date on the license, 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.   Either a Class A or Class B license shall be valid for the purpose of owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, and for purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, consistent with the entitlements conferred by a firearm identification card.

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.

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.

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. ”Conviction”; A finding or verdict of guilty or a plea of guilty, whether or not final sentence is/was imposed.

Submitted by Mark Shean, 2-23-2011

FYI;

     As of 2005; an FID card or LTC no longer allows you to purchase a hunting license,  but,  if you happen to have a previous hunting license dated from 2007 or older, that would suffice for you to obtain a new hunting license without your having to go through the hunter safety course. For more information call the Ma. Wildlife Department at 978-772-0693 for upcoming classes, or call Bass Pro Shops in Foxboro at 508-216-2000, as they sometimes host the Hunter Safety classes in their store.

    Topics covered during the Basic Hunter Education course include: safe handling of hunting arms and ammunition, hunting laws and ethics, wildlife identification, wildlife management, care and handling of game, basic survival skills, and first aid. The course also allows students 15 years or older to apply for a firearms license, (FID) at their local police departments. These Certificates of Completion are also recognized in all the United States, (to bad our gun licenses are not…) Canada, and Mexico for the purchase of a hunting or sporting license. The state requires this to be a 12 hour course.

    Basic Hunter Education courses for the beginning of 2012 are posted at www.mass.gov/dfwele/dfw/education/hed/hed_course_schedule.htm other useful links are as follows: for schedule of classes, www.mass.gov/dfwele/dfw/education/hed/hed_basic_listing.htm  also to submit an online form: www.mass.gov/dfwele/dfw/education/hed/forms/basic_request_form.htm

  Previous graduates who have lost their certificates may obtain a duplicate by calling 978-772-0693 or filling out a form requesting a duplicate on the website at www.mass.gov/dfwele/dfw/education/hed/hed_duplicates.htm

   New Electronic Licensing Website debuts for 2011. Inquiries regarding purchases of electronic licenses and permits from MassFishHunt should be directed to ActiveOutdoors by calling toll free 888-773-8450 or emailing: mahfwebmaster@als-xtn.com  License buyers will still be able to purchase the traditional paper hunting, trapping and freshwater fishing licenses and stamps at license vendors throughout the state until the switch is made to an entirely electronic system. For a list of current hunting, trapping, and freshwater fishing license vendors:  www.mass.gov/dfwele/dfw/recreation/licensing/vendors/license_vendors.htm  .

   NOTE: Gun Owners Action League, (GOAL) is sponsoring a bill that, in part, would exempt ‘any person under the age of 18 years of age from the requirement of paying a fee for a firearm identification card’,(FID). This bill is called; ‘An Act Relative to Youth Hunting Programs’ . It is up to you to call your Representatives to vote to pass this bill. Once  politicians have their hands on your wallet it is a hard tug of war to make them let go, but give it a try anyway, and remind them they are supposed to be working for us. 

Mark Shean, submitted 1-5-2011,    www.mafirearmsafety.com