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Concealed Carry

Archive for the ‘Gun Sense’ Category

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Approved July 1, 2004.

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

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

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

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

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

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

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

Thomas, Wareham Ma. 9-15-2013

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It falls under Section 103(i) in the Brady Law:  And backs up the Second Amendment………….

(i) PROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS- No department, agency, officer, or employee of the United States may–

(1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or

(2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922 (g) or (n) of title 18, United States Code or State law, from receiving a firearm.

“….the right to keep and bear arms shall not be infringed.” Infringe means to encroach. You cannot even encroach on that right. Any thing which restricts in any manner the right to keep and bear arms is Unconstitutional. Now you must understand that therefore any federal firearms laws are unconstitutional.

 

The answer to that question decides what type of country we live in: a constitutional republic where individuals have unalienable rights, or an unlimited democracy where individuals have only privileges the fickle majority grants them.

 

“Shall not be infringed” is powerful language. Up there with “Congress shall make no law…”

Requiring paperwork, and disclosure of private information are all infringements.

 

It’s real easy, “SHALL NOT BE INFRINGED”.

If the feds are data basing gun owners they are infringing their right to keep and bear arms by requiring an unreasonable action on the part of the gun owner. A database has the potential to be abused therefore it is in itself an infringement of the right to own a firearm.

“Guard with jealous
attention the public liberty. Suspect everyone who approaches that jewel.
Unfortunately, nothing will preserve it but downright force. Whenever you give
up that force, you are inevitably ruined.” unquote, -Patrick Henry-

Take heed from this very astute
warning fellow Americans…

NOTE:

In Ma. The E-FA-10 form is not a gun registration form, it is a transfer of ownership form, from the gun store to you, or from you to another person. By law it can NOT be used to determine what you own unless a firearm is part of a criminal investigation. Here is the statute that defines this;

NOTICE: FIREARMS RECORDS are EXEMPTED from the PUBLIC RECORDS statute. G.L c.4,§7 (clause twenty-six)(j). FRB may not disseminate firearms records “to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request.” G.L. c. 66, § 10(d).

Mark Shean

Reviews

MA.FID/LTC/FL CCW

www.mafirearmsafety.com

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Reviews   Contact

Change The Rule ! Americans who CARE!

After you receive you`re 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,  fingerprints, safety certification, and your $100…….

*Save anything/everything you give to the police by making copies for your records, ANYTHING!* Duplication is key!

If you want to check the status of your LTC application call 617-660-4722.

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, it will be valid and in force until you get the new license, you will be issued a receipt, 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  follow up with a call to her at 508-830-4218, ext. 222.

OH NO!!   If you forget to start the process to renew, and your birthday passes by before you think about it, then you realize it and run to the station very concerned that your license has expired, the police can 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 may tell you to take the firearm safety course for another certificate first, as a ‘hoop’ to put you through, this is not in law.

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 three 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  the gun(s) in your name by selling or giving them away and ultilizing the E-FA-10  form(s) online at the Ma. State Police, see GS #36

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 LTC permit.  If you are denied you will receive a letter, (by law) from the police stating why,(this can be appealed, see #13, #20 Gun Sense).  After 40 days if you have not been denied, you`re not going to be, every town has experienced longer than the normal ‘turn around’ time legally prescribed by the state, (the state has/is breaking it’s own law)  for these licenses, now you need to just be patient. You will now be given a receipt when you reapply on time, this will keep your expired license in force  until the State issues you your new license, no matter how long that takes……

3. Next, as you look at the front of the application you will see license choices, if you are 21 years or older check off ClassA’ Large Capacity, if your under age 21 choose Firearms Identification Card (FID). As you read you will find a question that asks for your reason for the license, put three words here, for LTC, 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 only a silly matter of semantics as far as I can see. For FID, TARGET and HUNTING se GS #26.  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 with restriction(s) that you do not want, politely 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 by leaving out something that’s on your legal record.  If the police want to deny based on a non statutory reason they now need to petition the court to gain permission to do so, as of 8-13-2014.  

Gun Sense  #34 CORI REPORT, 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, take this advice seriously!!

  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/if 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.

*Save anything you give to the police by making copies for your records, ANYTHING!* Reviews    Contact

6. When you renew your license in six years you will need to submit a signed affidavit stating, (‘That no guns were lost or stolen within the last 6 years’). If that were to happen, you would need to report it as soon as you became aware of it,  and then it can not be used against you for a license renewal, by law as of 8-13-2014

If you want to check the status of your LTC application call 617-660-4722, FRB in Chelsea

For the Ma. Firearm Transaction List; https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans choose the option you need.

 

Recently someone who had taken my class had followed my advice about how to handle a town that only wanted to give a restricted license to the peasents, the town he lives in is Wareham, you may want to read the following letter he sent me, with his permission, I put it on my website. :

LETTER FROM WAREHAM, this also applies to WEYMOUTH as they both treat citizens this way;

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

The interview went well and in fact….went down
just as you suggested it would. I was told that they would “probably start me
off with just an FID…”. I politely said, “no…not interested; if you want to
reject my application do so in writing and I will appeal.”

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

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

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

So again….thanks a lot for your help Mark, particularly with
preparing me for that interview. Tom M
Thomas,
Wareham Ma. 9-15-2013

NOTE: Some towns will act as if, because you have never had a gun license before, or because of your age, that they instead want to give you a restricted license like an FID instead of the LTC you are legally eligible for. Here is a note you can and should put onto your application if you live in a town such as this. ( I have met the criteria as set down by the law, age or experience notwithstanding). The police enforce existing law, not ‘invent’ new laws……….

Synonyms
1. Notwithstanding, despite, in spite of imply that something is true even though there are obstacles or opposing conditions. The three expressions may be used practically interchangeably. Notwithstanding suggests, however, a hindrance of some kind: Notwithstanding the long delay, I shall still go. Despite indicates that there is an active opposition: Despite procrastination and disorganization, they finished the project. In spite of implies meeting strong opposing forces or circumstances that must be taken into account: She succeeded in spite of many discouragements.

Mark Shean      About Me

www.mafirearmsafety.com

Revised 8-13-2014

Reviews    Contact    Gun Sense #44, KSG 12ga. Shotgun Demonstration

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Reviews  Towns Served

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……..yet…..

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. If you feel like having a handgun in you’re glove box keep the registration SOMEWHERE ELSE, maybe on your visor…

When the officer runs your information in his cruiser computer he may 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, (hopefully very 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’ about the unprofessional  bully 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 will, or should know he needs to nip it in the bud before it costs the town an expensive lawsuit(s).

Mark Shean,   About Me

Submitted on 2-22-2013

Reviews  Towns Served    Gun Sense #44, KSG 12ga. Shotgun Demonstration

www.mafirearmsafety.com

 

 

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Reviews

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, (or magazine) certainly is NOT considered an ‘original container’ to lock away with ammo inside it. Also, if a loaded firearm became hot enough during 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 at home, (a felony), 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.

 It is better to be pro-active 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 By Mark Shean

About Me

Reviews

www.mafirearmsafety.com

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Reviews  Towns Served

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:

  1. Transfer the firearms to a dealer.
  2. Transfer the firearms to a person who has the appropriate FID/LTC.
  3. 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 E-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 transferred with the Ma. E-FA-10 form! 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 transferred on an E-FA-10 form.

The electronic ‘E’-FA-10 will be used in place of  the paper firearms transaction forms as of 8-13-2014, (E-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  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). The ONLY way you will be able to complete your firearm transaction, ( E-FA-10) will be with your  State provided Personal Identification Number (PIN). If you did not receive a PIN or can’t find it, call the Firearms Records  Bureau at 617-660-4722  Monday through Friday between 9am and 6pm.

 Please put your PIN in your phone, file, and with a magic marker on the back of your LTC/or FID.
  
 For Ma. Firearm Transaction List;  https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans choose the option you need.
 _________________________________________________________________________________________________________

Generate Firearms License Validation  Use this link to prove your license is valid before you buy any firearm from a gun show, individual, or gun shop. Know your PIN #.

Again, for any other questions if you don’t see your answer on this page, “Firearms Record Bureau”.  FRB, 200 Arlington Street, Suite 2200, Chelsea, Ma 02150   617-660-4722

Gun Sense #43, Ma. Gun Registration Misconception

No person to person interstate transactions are allowed using these forms, for other than, “direct bequest or interstate succession.”  You could consult a Gun Dealer.

NOTE:

In Ma. The E-FA-10 form is not a gun registration form, it is a transfer of ownership form, from the gun store to you, or from you to another person. By law it can NOT be used to determine what you own unless a firearm is part of a criminal investigation. Here is the statute that defines this;

NOTICE: FIREARMS RECORDS are EXEMPTED from the PUBLIC RECORDS statute. G.L c.4,§7 (clause twenty-six)(j). FRB may not disseminate firearms records “to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request.” G.L. c. 66, § 10(d).

See (GS#43 & GS#45) also.

Link below are guns approved in Ma., copy and paste.

http://www.mass.gov/eopss/firearms-reg-and-laws/frb/approved-rosters/

Anything NOT mentioned obviously is NOT approved…..but that does not necessarily mean they can not be legally owned.

Mark Shean,  About Me

Reviews  Towns Served

FYI,  Revised 8-13-2014

www.mafirearmsafety.com

 

 

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Reviews

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, *Police Stations, 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. You can pass by on the public roads while in legal possession of a firearm(s).

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….there is a lot of blood on the hands of the asses that made the ‘Gun Free’ zones.

Other Places where law or policy can curtail carry.

*Public Library’s, (maybe a policy)

*Private party sporting events, concerts etc. where a search at the entrance takes place, sign posted, or policy. Anonymously Call ahead to find out….

*Any House of Worship without permission, (again, good luck getting that…), (maybe a policy)

 *Medical property, Hospitals/Clinics etc., (maybe a policy, usually is).

*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, (maybe a policy, maybe not, at the owners discretion).

*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.

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, (loaded under direct control, read #22 Gun Sense) but only if he/she has a LTC.

Transporting Firearms

Q: How do I transport a gun in my vehicle?

A: A person with a Class “A” LTC may transport a handgun loaded or unloaded on his person or under his direct control in the vehicle. If the handgun is not under his direct control, it must be unloaded and in a locked case, locked trunk or other secure container.

For more specific information see M.G.L. c. 140, §131C.

Q: Do I need to lock my non-large capacity rifles and shotguns in a case while transporting them in a vehicle?

A: No. They must be transported unloaded, but are not required to be in a locked case while transporting.

Q: Can I leave my gun in my car if I need to go into the store on my way home from the range or from hunting?

A: If your handgun or large capacity rifle or shotgun is transported in accordance with the provisions of M.G.L. c. 140, §131C (i.e. unloaded and in a locked case, locked trunk or other secure container) then the gun may be left temporarily unattended in the vehicle. Weapons transported in this manner will automatically be considered “stored or kept” in compliance with the safe storage requirements of §131L.

A person leaving a non-large capacity rifle or shotgun in an unattended vehicle is required to lock the rifle or shotgun in a case/container or in the trunk, or install a mechanical locking device on the weapon (i.e. cable or trigger lock).

Sincerely, Mark Shean,

submitted 6-25-2012, revised 8-13-2014

In my opinion/observation, a no guns allowed ‘policy’ or so-called ‘Gun Free Zone’ does NOT come with any guarantee on the part of the policy maker to protect me or you, I protect me……the police get there to late 99% of the time. These ‘policy makers’ have much innocent blood on their hands. These very misguided ‘policy makers’ are trying to make it so the only place we can carry would be from our home to our vehicle and back to our home again…………..

Firearm Education Saves Lives, Firearm Ignorance Takes Lives. Ignorance of the Law lands you in Jail. Ignorance of history can cost you your freedoms……..

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Reviews    Gun Sense #44, KSG 12ga. Shotgun Demonstration

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 you’re firearm safety class, you have been inadvertently set up for failure probably 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 you’re 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 you’re not sure of what might be part of you’re record,  you can attach it to you’re application. Let me stress that you do not have to get a CORI report, only if you want to.

There are 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 you’re life for some other reason, even if ultimately nothing  came of it, you need to mention it, it is on you’re 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 you’re 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 check NO on each 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?

Online: You can request a copy of your CORI online using the web-based iCORI service:
  1. Go to the Massachusetts iCORI Service and click on the “Register as an Individual” link
  2. Answer “Yes” to the question “Would you like to request your own Personal CORI?”
  3. Enter your personal information, including a username, password, and e-mail address
  4. Verify your information; then follow additional instructions and submit your registration
  5. Check your e-mail for the iCORI Account Activation notice; follow the instructions to activate your account
  6. After you have registered, enter your username and password at Massachusetts iCORI Service
  7. Click on “Add Request,” select the purpose of the request, and enter the subject information
  8. Click on “Add & Checkout” and follow the instructions for submitting your payment
  9. View your CORI online (in PDF format) or download your CORI to your computer
For more information about using the iCORI service:
By mail: You can also request a copy of your CORI by mail:
To get a copy of your Massachusetts CORI report by mail, you must send a Personal CORI Request Form to the Department of Criminal Justice Information Services (DCJIS).
You can call the DCJIS at 617-660-4640 (TTY: 617-660-4606) and ask them to send you a copy of the form, or you can download a copy from the CHSB web site:
After you complete the form, you must:
  • 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
If you go online and pay for your CORI report you can get it almost immediately and just print it out.
Mark Shean,   About Me
submitted 5-21-2012
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Reviews  Towns Served   Gun Sense #31, Frequently Asked Questions

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, *many 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 me.  Thank you, John Doe], include you’re 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’. Police Dept. Firearm Policies in some Ma. Towns,

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,  About Me

submitted 1-5-2012 revised 8-13-2014

www.mafirearmsafety.com   Gun Sense #29, Firearm Safety Test with relevance to Ma.

Gun Sense #19, ‘Reason’ Letter for Ma. class ‘A’ LTC

 

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