Mark Shean &amp; Son

Gun Sense #2, How DO people get killed by ‘unloaded’ guns?

Author: Mark Shean

How do people get killed by so called unloaded guns? Have you ever thought that this was possible? It is possible and happens, sadly, on a fairly frequent basis, it is in the news from time to time, but it does not have to happen. People are quite often killed by ‘unloaded’ guns.

It can go something like this….. One day Jon buys a .38 caliber revolver at the local gun shop, he has always wanted to buy a handgun, and this one just feels right in his hand, the price is right also, so what the heck. Next Jon brings it out to a dirt pit in the woods behind his house with a friend, they run quite a few rounds through it, they have a good time. Jon puts it away in the house and forgets about it for awhile……. A couple of months go by and Jon has invited a group of friends over for a house party, no special occasion, just a get together.

When people get together like this, oftentimes the ‘toys’ will come out of the woodwork. We may want to show something off that is kind of unusual, that is simple human nature. Guns easily fall into this category. People are particularly drawn to firearms, they appear to be excellent “show and tell” material. Jon gets the .38 caliber revolver out of his bedroom and takes it into the backyard where the grill and music are in full swing, the beer is flowing, and the party is underway. Hey, he says, anyone want to check out my new handgun? Hey Scott, check it out, its unloaded…..and the safety is on, here take it Scott, take it! Everyone in the backyard heard this, as Jon had to speak loudly over the music, and now they are all looking directly at Scott, some egging him on to take the gun. The peer pressure is real, and starting to effect the situation. Scott thinks, what the heck, I will take a look at it, Ive never held a real gun before, this could be cool. Then Scott thinks, Jon said it was unloaded, even said the safety is on, what could be the harm? So he takes it from Jon.

Now, it is inevitable, that once a gun is in the hands of someone that has never had any sort of firearm training, the first thing they seem overwhelmingly, inexplicably, inclined to do, is to put their finger on the trigger, next they want to test the ‘theory’ that the safety is on, and to test the ‘theory that the gun is unloaded, simultaneously. Scott points the gun playfully at someone in the group to test these two ’theorys’. Susan sees Scott pointing it at her and says to Scott not to do that! Scott laughs, “its not even loaded” he says, and pulls the trigger, BANG! Susan drops to the ground with a hole in her chest, the gun hits the floor immediately afterward, dropped by a stunned and confused Scott! The first thing out of Scott’s mouth is, I thought it was unloaded! Jon says, oh my God! I thought it was unloaded! All this combined wisdom from Jon and Scott will never change the fact that Susan is now tragically dead, killed by an “unloaded” gun, she will be dead for a very long time. Jon evidently did not even understand the fact that a common revolver has no external safety. Jon and Scott will now have to pay the legal consequences for this ‘accident’. Susan’s family and friends will never fully recover emotionally from the loss of Susan.

How do you avoid a terrible scene like this? Firearm education is the first critical step. Common sense plays a huge roll, I like to think that we all have common sense, the key is to engage it before you act, think about what your doing before you do anything with a firearm. Take your common sense for a walk around the block once in awhile, exercise it! You NEVER take anyone’s word that a firearm is unloaded, EVER! THERE IS NO SUCH THING AS AN UNLOADED GUN!! Treat them all as LOADED!! THAT IS THE ‘MINDSET’ EVERYONE NEEDS TO EMPLOY for firearm safety!

Think about it this way; pretend that your very own mother comes home one day with a handgun, a revolver for instance. Now we all know that our mothers love us dearly and would never want to see any of their children ever get hurt, they would do anything in their power for their kids, mothers are ‘hard wired’ that way. With that in mind, your mother comes home with that handgun and wants you to see it, she is quite proud of it. Look what I bought she says, check it out , as she tries to hand it to you. (I’m sure we can all picture our mothers doing something like this right?….) Well for the sake of making my point we will all pretend that she comes home and says exactly that. Should you take the gun from her and look at it? No, you should not. You should say to your very own dear mother, whom you know loves you, look ma, could you please just show to me that the gun is unloaded first? And because she is your mother, she will not have any problem with that very simple request. She will quickly reach over and push forward the cylinder release button with the thumb of her right hand, and at the same time she will deftly push the cylinder open from right to left with the middle finger of same right hand, openly exposing the now obviously, (technically) empty cylinder for your inspection. Now that you are satisfied that the gun is indeed technically unloaded you may take it from your mother to ‘check it out’, observing muzzle discipline, (pointed in a safe direction) and treating it just as if it were loaded…..(proper mindset).

The point that I am trying to make by using ‘dear ole ma’ in the example is this; If you are going to make your very own dear mother, whom you love, show you that the gun is unloaded before you will accept it from her, you will NEVER give anyone else privilege’s that you would not give your own mother! Not Joe Blow who you hardly even know, the head of the NRA, nor anyone else in this entire world would you ever give that privilege! Understand? If someone is not willing to show you that a gun is unloaded, then you are not willing to take it from that person, period!

Remember, there is no such thing as an unloaded gun! Have I mentioned that yet? That is the mindset you must always have to handle them safely!

{Note: I will continue with some more ‘Gun Sense’ in my next few blogs for your awareness, please pass this information on to those you know and/or love. Remember: Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives. Sincerely,

Mark Shean, NRA Law Enforcement Firearm Instructor-

www.mafirearmsafety.com written 7-1-2009

Your comments/insight are welcomed.

Posted in Gun Sense |

Gun Sense #3, About Those Children…and Your Guns

Author: Mark Shean

How many of you have children? How many of you know someone with children? They are everywhere, and because they are everywhere they can get into mischief just about anyplace. Where guns are concerned there can be no room for mischief.

I am originally from the state of Maine where the gun culture was quite a bit different from where I live now, in Massachusetts. People seem more savvy about firearms and firearm safety generally in Maine, this is what I have observed in my experiences within both states. Growing up I had a lot of supervised exposure to firearms, that was the key, and I learned early-on how to safely handle and use firearms, it was encouraged. Knowledge kept me safer than someone without firearm knowledge. If that makes sense to you, as I hope it should, than I will share a bit of advice designed to keep your little ones safer than they were moments before you started reading this. Children, we all want them safe.

When it comes to firearms I believe there is a wrong way, (based on wishful thinking) and a right way, based initially, on very simple, rudimentary education. You may think you are able to insulate your child from harm and from knowledge of firearms in your home, but what about when your child is old enough to visit and play with the next door neighbors children, in their home? How things are done in the house next door may be quite different than how you prefer to do things in respect to firearms. You cannot insulate your child from the world. Do you think it may be wiser to impart to your child the danger that can be, and is, associated with firearms?

Education, it is like a form of preventive maintenance. If you own a firearm and believe that by keeping the gun well hidden and a secret, that the child will be safer, that line of thought is only good to a point….until the child, caught up in the spirit of exploration, inadvertently finds the gun while you are mowing the lawn or taking a nap, etc. I like to call this the Easter egg syndrome, children are very curious about everything around them, their whole mission in life at a young age is to dig around looking for/at things. If you have kids you know exactly what I am talking about. If you don’t yet have kids, when you do, you will see soon enough that I do not speak with forked tongue. Would you rather the child find a gun while you are busy? I hope not.

I feel that the very best way is to take the mystery out of firearms where children, (or adults) are concerned, is to show the child the unloaded firearm. Explain the danger, let the child hold and look at it, let him know he will be in big trouble if he ever touches it without your permission or supervision, but the main thing is to take the mystery out of it. Once you do that, you will have taken the right step towards a child that will be safer around firearms. That is the first correct step on a long trail of steps where firearm safety is concerned. Let the child know that you are accessible, if he/she wants to see the gun in the future to come to you, and that you will drop what your doing to look at the firearm together, this accessibility is very important and should keep your child from going behind your back to look at the gun(s). But, you must keep your word about this at all times.

The ammo should always be kept separate from guns, and the unattended guns should, at a minimum, have trigger locks on them. Firearms should never be left laying around loaded. You probably are saying; that is just plain common sense! Do you think we are all idiots!? Well folks, if it is such plain common sense, why are children involved in accidental and tragic shootings in the home? That is not common sense at work, that is irresponsible gun ownership and parenting. I am not talking about gang bangers who burglarize homes, steal guns, and go out into the street intentionally and idiotically trying to murder one another, no. I am referring to young children finding a parents loaded gun in a night stand, etc, and through curiosity, they accidentally shoot themselves or a sibling. Not only tragic, unacceptable!!

You can begin teaching a child at the tender age of 3 or 4, a very simple message; if they ever see a gun they…1. Stop,…2. Don’t Touch,…3. Go Tell An Adult. Children are very smart, don’t short change them, they can easily learn this with gentle reinforcement and incentive, make a big deal out of it when they repeat those words to you when they find the toy gun you put down as a training aid, because it is a big deal, it could save a life one day.

If you own guns, or want to own guns, you owe it to yourself and your entire family to be proactively responsible in the safety of that ownership. For every body’s safety, and for years of family enjoyment, being involved in a great American heritage and birthright.

{Note; Please feel free to comment on the content of any of these articles.} Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives.

Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor,

www.mafirearmsafety.com written 7-2-2009

Posted in Gun Sense |

Gun Sense #4, No Such Thing As An Unloaded Firearm, Proper ‘Mindset’.

Author: Mark Shean

I can hear them now; ‘what do you mean all guns are loaded all the time?!’ ‘That’s stupid!’ ‘I have guns at home right now that are not loaded’! ‘Hell, I was at the gun store the other day, none of them guns behind the counter and on the wall rack were loaded’! I say, yes they are, they are all loaded, every gun at your house, every gun in that store, and everywhere else, they are all loaded. ‘Your Crazy, They Are Not’!…. If you don’t have the mindset that they are all loaded, and ready to fire, you are a prime candidate for a firearm accident, you assume too much, take to much for granted.

Even people with a high level of firearm experience can get ‘lazy’, over confident, are even more susceptible to accidents, when that happens they become ripe for an accident. And I will go so far as to say they don’t take firearms as seriously as they once did, they need to pause and ’regroup’. They have become a distinct danger to themselves and others with that lackadaisical mindset. To make the point, even police can accidentally shoot themselves, for stats see these links: http://www.dailymail.co.uk/news/article-535071/Gun-injuries-soar-police-experts-blast-colleagues-mistake.html#ixzz1ulAaBTqE http://www.thesmokinggun.com/archive/0411061foot1.html

The NRA now says the first rule in firearm safety is: Always keep the gun pointed in a safe direction,(muzzle discipline). That was not always so, and I will never agree with that change. As a kid, I distinctly remember the first rule being: Treat all firearms as loaded at all times. It conveys a far sterner, and implies a much stronger sense of urgency to safe firearm handling. And I still have my little red Jr. Rifle Handbook from the mid 1960s to prove it. Even though I will agree that pointing the gun in a safe direction is a key to safety, if you treat every single gun you come into contact with as loaded, you had better point that muzzle in a safe direction! No exceptions! That will, and should, naturally, always follow suit. Just handling a gun and keeping the muzzle pointed in a safe direction does not lend to the situation the same grave responsibilities/danger as having the mindset of handling a loaded gun will impart.

All additional gun safety rules revert back to the number one rule: Treat them all as loaded. If you live by this you should never do anything unsafe with a firearm, that is why this is the most important rule. It governs all my actions with firearms, as it should yours. So, from this moment forward, for the rest of your life, all guns that you ever come into contact with will always, with no exceptions, be loaded (proper mindset) and treated accordingly.

A safety on a firearm does not give you license to carelessly handle that firearm, , you are the best safety on any firearm. NEVER trust anyone that tells you a gun is unloaded while trying to hand it to you! Make that person show you that it is technically unloaded before you will accept it from them. Then, you must still handle it exactly like it is loaded! EVERYONE must show you the gun is technically unloaded first, from your mother, to the gun shop owner, to the head of the NRA. Agreed? If all people did this, firearm accidents would damned near cease to exist, we can all live with that. If anyone has a problem with that, it is not your problem, but theirs, they obviously treat firearms far to nonchalantly, assume too much, and are accidents waiting to happen…..

Maybe you think that I am to ‘hard line’ on this issue? No. Firearms are very unforgiving of careless/foolish people, your first mistake could be your last breath on this Earth, or maybe someone else’s last breath due to your negligence. I do not believe there can be such a thing as to ‘hard line’ in regards too firearm safety. Firearms do not give you second chances.

{Note, If you agree, and I sincerely hope you do, please pass this on to the people in your life.} Thank you. And remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives.

Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor, NOTE: Please read add-on, a recent story below, (sent to me by one of my past students) to reinforce my meaning.

Va. couple accidentally shot at gun safety class

Associated Press – 3 hrs ago, 4-24-2012

ROANOKE, Va. (AP) — A Roanoke, Va., man and his wife were recovering after he accidentally shot himself and her during a firearms safety class.

The Bedford County Sheriff’s Office tells media outlets that Michael L. Deel shot himself in the hand with a .45-caliber handgun. The bullet also struck his wife, Michelle, in the leg as she was sitting beside him.

The incident occurred Saturday during a firearms safety class at a residence. The instructor, Thomas Starke, told police he’d left the room and then heard a shot.

The Deels were taken to a local hospital where they were treated for non-life threatening injuries.

Michael Deel says the shooting was a “stupid accident.”

Why would the instructor have a loaded weapon anyway and then leave the room? How stupid.

Jean-

NOTE: I bring guns to my classes and I bring select ammo to illustrate points being made, in my classes, I do not bring any ammo that fits any gun into my class, that is a recipe for disaster as the story above illustrates. There is so much more than just placing a ‘Firearm Instructor’ pin on your shirt, this is a very serious business, here experience matters over ‘titles’. -Mark Shean-

www.mafirearmsafety.com written 7-3-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #5, What Is a Misfire, what is a Hang fire?

Author: Mark Shean

Some of you may already know what a misfire is, it is caused by a faulty primer at the back of a bullet casing, that when struck by the gun’s firing pin will not detonate, thus failing to send a spark into the main powder charge of the casing, that would have, in turn, sent the bullet on it’s way down the gun’s barrel. So here is a little scenario: Let’s say that you load 6 rounds into your revolver at the gun range, take careful aim at your target, BANG!, BANG!, BANG!, click! You know you have taken three shots of the six you loaded, so you don’t necessarily have to be a NASA rocket scientist to realize that there should be at least three shots left. So what just happened is known as a misfire. What should you do?

Do not try to squeeze off another shot. When you hear that ‘click’ instead of the usual BANG, keep the barrel of your gun pointing DOWN RANGE, that will be your safest direction. Start a slow count to 10. When you reach 10 the danger will be over, unload the gun. You will notice that there will be an unfired round that falls from the cylinder, on closer inspection of the round you should notice a dent in the primer where it had been struck by the gun’s firing pin. The primer was a dud, faulty from the factory, it happens from time to time, the main thing is to handle the situation properly and safely when it does happen. You can now throw it away and resume your shooting practice.

Your next question will probably be; why did I have to count to 10 while pointing the gun down range? It is a wise precaution that can protect you and others from what is known as a hang fire. A hang fire starts out as a misfire but can actually go off after a few seconds, the primer is faulty but not quite a dud, the spark gets ‘hung up’ that is where the danger lays. If while you are pointing down range counting , the gun fires, it will give you a start, but will do no harm because you handled it the correct way. Hang fires are rare, but they do exist, and now you know how to safely guard against them. Misfires are far more common and should always be treated as if they could become a hang fire. A misfire and a hang fire are not the same thing, a hang fire cannot become a misfire.

If you want to see a misfire that becomes a hangfire then google: ’Stupid people with guns’ and look at the video of the guy wearing the orange hunting vest shooting the pump shotgun at bottles ten feet away, (a real Davy Crocket). Only God will ever know why he looked down the barrel, and it was only God that saved the fool.

Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives.

Be safe, Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor,

www.mafirearmsafety.com written 7-8-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #6, What is a Squib load ? Understand the danger.

Author: Mark Shean

The word ‘squib’ is used in other applications, but for the purpose of this article the term is known and used in relation to firearms. A typical round of ammunition is made up of four components, the outer casing or ‘shell‘, the primer, the gun powder, and the projectile or ‘bullet‘. This will only be a general outline of production; When these components are assembled at the factory in mass production, the primer goes into the casing, the casing moves to the next step where a measured charge of gun powder is funneled into the casing, then the casing is moved to the next position where the bullet is seated. Next they are all boxed and sent to the store for you , the consumer.

In the event of a squib load, the casing goes through the same steps mentioned above, but when it gets to the position where the gun powder is supposed to be funneled into the casing, there is a glitch or malfunction, the automated powder drop does not work properly and very little, or no gun powder is put into the casing. (This is more apt to happen to people that reload their own bullets at home by not paying proper attention to detail). But for the purpose of this example we are at the ammunition factory. So now, with no gunpowder in the casing it is automatically moved to the next position where a bullet is seated. The ammunition is boxed up and sent to various locations for sale.

Now you enter the store, looking to buy a box of ammo, you buy a box of .38 caliber ammo for your revolver and off you go to the range. The round without the gunpowder just happens to be in that box, but you don’t know that, how could you, you just want to do a little target practice. All the rounds look the same from the outside to you. You set up your targets load the gun with six rounds, (unknown to you one of them is the squib load) you start shooting, BANG!, BANG!, pop! What the heck was that you think? What you just heard was an audible ‘pop’, it was the primer detonating, but with no gun powder in the casing you do not hear the loud bang that you would normally hear. DO NOT TAKE ANOTHER SHOT!! The primer, (that ‘pop’) can generate just enough pressure within the shell casing to ‘push’ the bullet into the barrel of your gun, this creates a blockage in the barrel, this can be a very dangerous situation if you attempt another shot. With such a blockage in the barrel, the next bullet you might fire, with all of the pressure generated going down the barrel, (for a .38 caliber around 52,000 psi, or 26 tons!) you could easily kill yourself and others around you. The firearm is not rated to contain that kind of pressure and will violently come apart at the seams like a grenade. All that pressure needs to escape ‘yesterday’ and will take the path of least resistance, back at you, not good. All that energy will be transferred to the shrapnel going in every direction at 900 + feet per second!

NOTE: You may hear a ‘pop’ sound, but not in all cases, (initially you may think it is a misfire so treat it like one) you know that ‘pop’ sound is not typical, or now you should know, in all cases stop what you are doing , if you think its a misfire count to ten, unload the gun, check it twice, now you can put a cleaning rod down the barrel, chances are that you will not be able to push it through to the other side due to the bullet lodged in the barrel. Take the cleaning rod and tap the bullet gently out of the barrel, once that this is done you now have a rare, but also harmless squib load souvenir, set it aside, reload , and resume shooting. You may have just saved your own life and the lives of those nearby. It is the follow-up shot that makes this situation so dangerous, and is what we must avoid.

We must all be alert for abnormalities while shooting, it is all part of staying safe. My reason for telling you about squib loads, misfires, and hang fires is not to make you paranoid, it is simply to give you the knowledge that will help keep you safe.

I have been shooting on formal range settings since the age of 8, I have been a member of many gun clubs, rifle and pistol teams, I also like to hunt. In my work as a Nuclear Security Officer since 1987 I have been required to qualify at the gun range many times with different types of weapons/ammo. My point is this, I personally, with all that shooting, have only encountered a squib load once, no hangfires yet but I know that they do exist, and now you will know how to handle one with confidence if it occurs.

Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives. Please shoot safe, firearm safety is no accident, sincerely,

Mark Shean, NRA Law Enforcement Firearm Instructor,

www.mafirearmsafety.com written 7-8-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #7, Uncontrolled bullets anyone? Not on your life!

Author: Mark Shean

If you are not some kind of control freak in your day to day personal life, that is probably a good thing, I mean, no one likes a control freak. They are overbearing, domineering, insensitive, rude, crude, socially unacceptable, (probably your boss) and usually end up in divorce court. But when it comes to firearms we all have to be control freaks where bullets are concerned.

I have mentioned common sense before and I will bring it up again, engage your common sense every time you handle a firearm, take common sense for a walk around the block, give it a bit of exercise. You do not need to be a ballistics or trajectory expert to know that bullets can go far and do damage beyond your field of vision if you are not careful. If you are setting up targets, think of your backstop, be it dirt, tires, wood, whatever, be aware of what is behind those targets. If there are stones, (for instance) large enough to cause a ricochet, move them out of the way, if you can not move them, find another safe spot for your targets.

A short definition of a ricochet is; ‘an uncontrolled bullet’. Gun clubs have been closed down due to ricochets, pending investigations as to what may have caused it and how it will be avoided in the future before reopening, that is no fun for the membership. Another form of uncontrolled bullet is to indiscriminately shoot a bullet up into the air, this is very irresponsible, and dangerous. If done at a ‘rainbow pitch’ a bullet as small as a .22 caliber rim fire can carry a mile or more before coming back to earth, you have no idea where it will land, (you will be held responsible for what it may do, you own it), that certainly fits the ‘uncontrolled’ category.

Bullets are not meant to be shot at water, the speed of a bullet will cause it to ‘glance’ off , and it will carry clear across that pond, and if your unlucky, into someones camp ground. Again,you are responsible, and will be held responsible for your negligence, weather it be known or unknown to you as to the damage the bullet has done. So make a point to at least understand the caliber(s) you own, and the capabilities of those calibers, that is the responsible and right thing to do, when you own firearms. The only firearm that is meant for over the water shooting is a shotgun. The bird shot from a shotgun does not carry very far. A shotgun shell with bird shot, once fired, will lose its energy rapidly, the pellets will fall and sink at around 150 yards give or take. The utmost effective range is about a third of that distance.

If you intend to hunt you must always be diligent as to what is beyond your intended game. It is not as controlled as a shooting range. If you are deer hunting you may be carrying a rifle or shotgun , both with the capability of shooting a long distance with large game loads. If you see a deer, look beyond it for the color orange, that will be another hunter, (he/she is on your side) that means you do not take the shot. If your really hungry go to McDonald’s and get a burger, that deer will never be worth risking someones life. You may say; gee that’s just common sense! Well, if it is such damned common sense, why are hunters shooting each other out in the woods most years all across this country? Because they are not taking their common sense around the block and giving it a little exercise now and then, that is why. Common sense is simply thinking something through before acting.

Once you squeeze off that shot you can not suddenly say ‘oops’ that was a mistake, gee whizz, come back here little bullet and let me do that differently, it is far to late for that, you will have to live with the consequences. Firearms are very unforgiving, the mistake you make could be someone else’s last breath. My point here is to think BEFORE you shoot. If everyone did that we would all be much safer. Avoid uncontrolled bullets at ALL costs! Please Pass This On.

Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives. Please, always err on the side of caution.

Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor,

www.mafirearmsafety.com written 7-9-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

11 Comments »

Gun Sense #8, Cease Fire!!! What you do, completely.

Author: Mark Shean

I know, I know, your going to say that when you hear a command like ‘cease fire’ at a gun range, you stop shooting, of course you are correct, to a point. But what else do you do, and should you do? Well that is what I am here to let you in on, there are those of you that may already know, so please be patient. For safeties sake I can not take for granted that everyone knows this information, that would be irresponsible on my part.

When we are at a gun range we naturally will be inundated with loud gun fire, especially if there are more than just a couple of people there. We need to protect our hearing under this barrage of noise. If we ever damage part of our hearing it can never repair itself, we lose it forever, so we must protect our ear drums. In the course of doing this we don various forms of hearing protection, not only do we muffle the sharp sound of gunfire we mostly block the lower sounds of human voices. Lets say there are 7 people shooting at the same time on the range today, they are all concentrating on their targets when suddenly a ten year old kid,(or anyone) that has been watching his parent screams CEASE FIRE!!! At that point in time you will not immediately know why he yelled cease fire, but you must obey the command instantly, it can be a life and death command.

The second you hear the command you must loudly repeat the command so that the people to the right and left of you hear it, they in turn loudly repeat the command, while all are repeating the cease fire command they should also be simultaneously unloading their firearms and placing them on their shooting benches, with the actions open. The reason that it is so important to repeat the command down the line is so that everyone on a loud firing line will hear it.

That little ten year old kid,(or anyone else) is the ‘boss’ at the second he yelled cease fire, and everyone had better comply. He may have seen someone coming out of the woods down range chasing a dog, who knows, but never second guess a cease fire command! When the issue is resolved, what ever it was, then an all clear will be called and the shooting may resume. Anyone has the right to call a cease fire on a gun range if they feel there is an unsafe situation, and everyone must repeat that command, for safeties sake.

Remember, {Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost us our freedoms.

Mark Shean, NRA Law Enforcement Firearm Instructor, www.mafirearmsafety.com written 7-9-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #9, Why might Dry Firing be used?

Author: Mark Shean

Dry firing, there are two camps on whether or not dry firing can or cannot do damage to a firearm. I lean to the side that says damage can be done to the internal workings of a firearm. I am not going to chance doing damage to any of my investments, and that is exactly what firearms are, investments. The firing pins in firearms are designed to to strike the primers of the ammunition being used in the chamber. If there is nothing for the firing pin to strike it can over extend, it was not designed to take that kind of punishment from the viewpoint of my camp.

There is a solution to this dilemma though, the solution is called snap-caps. Snap caps are nothing more than artificial, or ‘fake’ bullets. They do not fire, they do not make noise, they come in most common caliber sizes, usually 5 or 6 to a pack, and can be used over and over again, they are of a color that can not be confused with real bullets so you can tell immediately that they are not real ammunition. They can be manually functioned through semi-auto’s and are easily used in revolvers. They are specifically designed to give the firing pin something to strike to avoid any possible damage to the firearm. Whom ever invented snap-caps must be in my camp on this issue. Remember that when you practice dry firing in the home, NEVER have any live ammo in the same room.

Why would you want to dry fire you might ask? Dry firing is a tool to practice the mechanics/fundamentals of shooting, mainly at home, prior to going to a range, without putting holes in your walls. The idea is that by practicing the ‘elements’ of shooting while dry firing you will produce better results on targets when you actually shoot at the range. The ‘elements’ that we strive to become proficient with are, 1. Concentration, we can not shoot well if our minds are wandering, we must stay focused. 2. Breath Control, we must know how to regulate our breathing so that we are not all over the target, this takes additional coaching and practice, as does every aspect of shooting. 3. Good Positioning, whether this will be standing, kneeling, sitting, or prone, you will need to find what is most comfortable and effective for you in each position, and practice it, muscle memory will develop over time. 4. Proper Grip, again, this can simply mean what is most comfortable and effective for you, depending on the size of your hands, the length of your arms, the type of firearm, be it handgun, rifle or shotgun. How to ‘mount’ a rifle or shotgun to your shoulder consistently for consistent results, these are all consideration’s to be looked at and figured out. 5. Proper Trigger Squeeze, learning where best to place your finger on the trigger, learning not to ‘slap’ the trigger, your trigger ‘work’ along with every other element of shooting will begin to blend together becoming ‘second nature’ eventually. They all boil down to this, the holy grail,# 6. Proper Sight Alignment, without every other element coming together correctly, your target will not look as good as it would when everything does come together correctly. The main theme throughout the entire breakdown of these mechanics/fundamentals of shooting is simply this, practice, practice, practice, and some more practice.

Dry firing does not prepare you for muzzle blast or felt recoil. Expolsions a few inches in front of our face is not a natural thing, it may cause us to flinch, recoil may hurt slightly which may cause us to anticipate recoil which also causes us to flinch, we must learn to ignore these , it can be tough to do, especially for larger calibers. I recommend you start with a .22 cal. if you are new to firearms. With proper coaching you will learn to ‘work’ through these shooting distractions. As your skills improve, the satisfaction that you receive will be reflected in the scores you produce on your targets. Dry firing is an aid in developing all these aspects of shooting. These skills do not come over night, but they will come and become second nature.

Remember, {Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost us our freedoms.

Mark Shean, NRA Law Enforcement Firearm Instructor, www.mafirearmsafety.com written 7-12-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #10, Weapon Safeties, Understand them.

Author: Mark Shean

Safeties, and where they are placed on firearms vary from one maker to another, and cover a huge variety of firearms. I am not going to go into each type of firearm, that would take far to much space and bore you, (and me) to tears. I am going to generalize the subject by giving you some good advice, and coupled with your own common sense,(that I know you have) this should suffice if taken seriously.

When you go to the store to buy a new firearm it will come with a manual telling you all about it, please be sure to read the manual before you go shooting the gun. Make sure you understand everything about the gun. If you buy a second hand firearm from someone and it does not come with the manual, you can find the address of the gun maker on the barrel. You can write them and ask for a copy of the manual for the model you bought, the model number will be on the gun also. That is what I did decades before computers, (showing my age) but now it is easier to go on-line to the gun maker and simply down load the manual, free in most cases.

Some firearms do not have external safeties, revolvers are prime examples, keep your finger off the trigger and it will not go bang! Glock semi-autos are another good example of no external safety, it has a series of internal safeties activated by the trigger, read the book. So, some guns have only one safety, others have multiple safeties, some have none, internal or external, none what so ever, understand this. Now I am going to let you in on a secret; YOU are any firearms best safety, you can not EVER trust a safety on ANY firearm! Firearms are man made and anything man makes can fail, and does fail. Simply because a safety is on a firearm do not think for a second that it gives you license to carelessly handle that firearm! Remember that number 1 rule, TREAT EVERY FIREARM AS LOADED AT ALL TIMES!! Because they are all loaded! That has to be our mindset. Weapons safety is every one’s responsibility, especially yours. Practice safe weapons handling until it becomes a habit. Please pass this information on to your family and friends.

Remember, {Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost us our freedoms.

Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor, www.mafirearmsafety.com written 7-12-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #11, Glazer Safety Slugs, and Home Defense.

Author: Mark Shean

You may want to consider this information if you are looking to buy a hand gun for home defense or personal protection reasons, it is important to know. The study/science of Kinetics, (motion) is way over my head, but I understand the general properties of how a bullet works, and for this segment that is good enough for me. Glazer Safety Slugs are made by the Dakota Ammunition Co. www.dakotaammo.net , if you need to find a store that sells their ammo you can contact them. I do not own stock in this company or benefit in any way from their sales, I just want to pass on information that will help keep you safer concerning firearms.

For home defense you need to be concerned about “over penetration” if you were ever forced to fire shots in your home,(and I hope that you never do) but if you did, in defense of your family and or yourself, you need to understand the danger of “over penetration”. Conventional bullets such as ‘ball’ ammo or lead cast ammo or jacketed hollow points, shotgun slugs or buckshot, all have their place in the world of firearms, I just do not think that ‘place’ is in the home for personal defense. A bullet, once fired, delivers energy known as kinetic energy. If the bullet strikes a mass, travels through that mass, and continues on, it has not yet delivered all of its kinetic energy and will need do so somewhere else. This is what you want to avoid happening, and keep to the utmost minimum at all costs in your home.

The danger of over penetration is obvious, if you took a shot at an intruder, and missed, the bullet could easily pass through the walls of your home, leave your house, entering the house next door endangering your neighbors before its flight path ends. You do not want that sort of thing happening, it could as easily kill a person in that house next door. In protecting your family you would not feel very good about injuring/killing a neighbor.

Glazer Safety Slugs have a very unique design, they are filled with tiny compressed ‘ lead shot’, the walls of the bullet that contains this ‘lead shot’ are very thin and designed to fragment on impact. This fragmentation immediately disperses all of its kinetic energy on the ‘target’, (intended or not), causing abrupt stopping power and a large cavity wound. If you miss your intended target, and this could easily happen under the stress of the situation, the bullet will then strike a wall and fragment, dumping its energy on the wall and not delivering any lethal fragments through to people that may be in another room, very important. Chances are good that even if you miss the intruder that he will not hang around letting you take ‘pot shots’ at him.

The usefulness of these Glazer Safety Slugs should now be apparent, the down side to them (if any) would be their cost, they are about $4.00 per bullet, but there is only 5 or 6 in a pack, so it will not ‘break’ the bank, and you will not use them for shooting tin cans at the range, they are for defensive use only, hopefully you will never have to use them.

Another thing that you may want to consider for a great home defense firearm is a pump shotgun of any gauge. A pump shotgun has a very distinctive sound when it is ‘pumped’ to chamber a shotgun shell, this sound is universally known and carries with it an ‘intimidation factor’ for the intruder in your home. If someone is not willing to exit your home after you warn them that you have a shotgun and especially after you make the sound of pumping the shotgun, then in all probability that person is either insane or has a death wish. In either case it would then become a form of natural selection weeding out the idiots. He will be of no great loss to mankind.

You still need to be aware of the problem of over penetration with the use of a shotgun. Do not use shotgun ‘slugs’ they carry with them far to much kinetic energy, a shotgun slug will pass through the bad guy, through your house, through the next two houses, and kill someone in the third house down the lane, not good. Do not use ‘buck shot’ for the same reason, though it does not have as much over penetration as a shotgun slug it can still make it into a next door neighbors home, again, not good.

The best defensive load to use, in my opinion for a shotgun is #6 bird shot, with a ‘full choke’ smooth bore barrel. The average bedroom is around 17 feet wide, if an intruder were to enter that room and you let loose with a load of #6 bird shot you could put a hole the size of a silver dollar and two dimes in that criminal, the bird shot would deliver most all of its kinetic energy on impact, keeping the # 6 shot confined to your bedroom. It would make one heck of a debilitating wound, stopping the threat to you and your family. If you were to miss, the criminal probably would not stick around for you to try again, and the bird shot would loose its energy before leaving your home, it would not carry very far, and the chance of it killing someone in another room would be greatly minimized due to the way bird shot disperses as distance increases.

Again, I hope that you never find yourself in a situation were you have been forced to shoot at anyone breaking into your home, but if you are ever in that situation it is your first duty and responsibility to protect your family and yourself. The police have a very important and dangerous job to preform, but they are not assigned to sit at the foot of your bed and guard you all night long, you are on your own when the criminal(s) enter your home in the early AM, it is up to you to defend your family. {The Supreme Court has ruled that police have ‘no obligation’ to protect the individual and they have no responsibility to protect you from madmen or murderers.} That says it all in my book, we are on our own.

We should all have a plan to follow in case of a fire, right? We should also have some idea as to what to do in case of a criminal(s) breaking into our home. Even if that plan is as simple as quickly going to the kids room with a gun a cell phone, house keys, a flashlight and staying there. If you can, start the ball rolling by calling the police and telling them the situation, but be prepared to act in the interim. Do not go looking for the criminal, again, stay put! Let him steal everything in your house, so what, it is only stuff, you can replace stuff! If your car keys and house keys are together and you can set off your car alarm, do it, it may help pressure the criminals to leave. This is not the movies where the good guy will go and catch the bad guy(s), that is not your job, your job is to protect your family, not to catch the bad guy(s) , let the police do that. This is not some phony Hollywood script, this can be life or death for real.

When the police do come, do not meet them at the door with a gun in your hand, they will be hyped up and do not know who you are so be careful. If your in contact with the police by cell phone and the intruder is still in your home, direct the police to a window were you can throw the house keys to them. The police, generally speaking, are the ‘clean up’ crew, they come after the fact in most instances. Make sure that if you had to act, then the scene they come to ‘clean up’ or sort out, does not include the body’s of any of your family members.

Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives. Sincerely, Mark Shean, NRA Law Enforcement Firearm Instructor, www.mafirearmsafety.com written 7-13-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

18 Comments »

GUN SENSE #12, The aftermath of defending your family/home.

Author: Mark Shean

On TV there is allot of exciting action designed to keep you on the edge of your seat, but most importantly, for the TV executives, to keep their ratings high. TV is fun to watch but it can give the wrong impression more often than not. That can not be more true than when it comes to guns. TV entertainment never seems to go to the next level after a home invasion scenario. I talked about having a plan in my 7-13-09 #11 ‘Gun Sense’ blog concerning home defense among other important aspects.

First of all, I hope that you never have to shoot someone defending your family in your home, sadly the situation can be forced onto you. That said, I will touch on the aftermath of your use of a firearm defending your family and home. Previously, (in #11) I talked about having a plan should someone ever break in while you are home, I hope that you do have a plan. On TV or in the movies the bad guy(s) kick in a door in the middle of the night and start going through the home. The good guy in the story takes his trusty firearm and calmly saunters through the house, he easily takes care of each bad guy in turn. Of course the actor playing the good guy is suppose to win, it is written that way in the script. He is in no danger, it is all make believe and he knows that after the scene he will go home to his mansion complete with body guards, camera surveillance’s and killer dogs to protect him from the public at large. You on the other hand could just as easily be killed if you try to go find the bad guys.

Once you know that someone has broken into your home your “plan” should begin. Stay put, but be ready to act. If the bad guy(s) should come into the room where you and your family are, even after your loud verbal warning that the police are coming and that you are armed, be damned sure and understand that he is NOT the neighborhood welcome wagon delivering flowers and candy, he, or they, are there to rape and/or murder you and your family! At that instance in time you have an obligation and a duty to protect your family with any means at your disposal. Try your very best to hit who you are shooting at, under the stress of the situation you may miss, you may not, people handle stress in different ways. Some people may become very focused and angry, (a female is hardwired to protect the children) at the thought of a home invasion endangering their family, others may become jittery nervous wreaks, but in any case you must do something, so fire away, aim for the largest target, his torso. Even if you miss, the chance is very good that the criminal(s) will not hang around to let you take ‘pot shots’ at them.

Never fire a ‘warning’ shot, that gives away your position and gives the bad guy the first chance to get you. You must survive, your family must survive. After, if the criminal is dead or badly wounded, the police come, you may initially be arrested. The police will need to work out who the bad guy is in relation to you, to make sure there was no bad motive on your part. After they figure out that this was/is a criminal, or there is a history of abuse linked to this person with you, etc., you will be released in short order, probably within hours.

Fast forward; The court date. The person that you killed in defense of your family and home also may have relatives, and the chances are good that you took out their only source of income, they want restitution, to replace that income somehow. They want your home, to garnish your wages, whatever they can do to take away what you have. All because you stood your ground to save your family. They will have a lawyer, his job will be to make you look bad and say things you don’t really mean in front of the jury. And he has the ability to do it, the courtroom is his playground, its how he makes his bread and butter, he is right at home there. You on the other hand are light years away from being accustomed to a courtroom setting like this. You never wanted to be here, it was forced onto you by the actions of a criminal. The lawyer is going to do his very best to finish the job the criminal started and make you a victim. He will say things at you in a forceful way to make you nervous, as he talks at you, that’s right, at you, he is really talking to the jury, everything he says is for their benefit. He may say something forcefully like; So you wanted to shoot Rufus didn’t you! You may nervously say something like; I had to! He had a knife and was coming at my wife and I! He will try to make you sound like your a trigger happy nit wit to the jury; So!, you admit wanting to murder him! I, I, I, didn’t know what else to do! Now the jury is starting to look at you in a different light, the lawyer is planting a subliminal seed in their minds that does not bode well for you, he used the word ‘murder’ for the jurys sake.

People have lost their homes in cases like this because they said things that made them sound guilty when in actuality they were only very nervous and upset. Your lawyer knows what can happen in court and should do what he can to prepare you for the coming onslaught. You should focus on one main thought, that you did nothing wrong. That you were only trying to stop the threat to your family and yourself. When the lawyer for the plaintiff trys to make you rush your words in his attack, such as; You wanted to shoot Rufus didn’t you! Say no, I only wanted to stop the threat to my family and myself, that the criminal died was not my intention. Don’t use his name, use ‘criminal’, you can plant subliminal seeds in the minds of the the jury also. The lawyer will come at you from all different angles to try to make you change your answer, just stick like glue to the fact that you were only trying to stop the threat to your family, never vary, because it is the truth. The jury will side with the truth. I am not a lawyer, this is meant as a guide, to give you an idea as to what can happen in court. Seek legal advice in the event that you do have to defend your home from a violent criminal attack, don’t be a victim twice.

Remember, {Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost us our freedoms.

Mark Shean www.mafirearmsafety.com written 9-20-2009

Your comments/insights are welcomed.

Posted in Gun Sense |

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

Author: Mark Shean

In Massachusetts if you go through the ‘hoops that many towns in the state force you to jump through in order to exercise your right to self defense, and are not successful in gaining your LTC or FID, the police must, (by law) within 40 days send to you a written notification stating the reason(s) that you are being denied. If you do not agree with the reason(s) stated than you have at your disposal a remedy in which to challenge the police decision.

This remedy is called a Petition for Judicial Review. You would need to go to your areas District Court, to the ‘clerks’ office at the courthouse to file a petition for judicial review based on the letter that the police sent to deny you your permit. The law states that you would need to show that the refusal was {arbitrary, capricious, or an abuse of discretion} that wording is straight from the law. You would want to state that there is nothing in your police record that would raise to the level of denying you your Constitutional, or God given right to self defense. You would want to attach a copy of your record, you may obtain that from the Criminal History Systems Board in Chelsea Ma., www.mass.gov/chsb (617-660-4780, or-4600) ’for a nominal fee of course’, to use as evidence to strengthen your argument, also attach the letter from the police that denied you.

Once you file your petition you will be given a date and time to go before a judge, the police will send a representative. The judge is supposed to make a ruling based on FACTS, if the police are short on facts and long on hearsay, you should win. If you are not denied a gun permit but instead are given a restriction such as “for target and hunting only” or “for employment reasons only” or maybe a “class B license” then technically, if you accept it, you have no grounds for a Judicial Review because you have not been denied a permit. Please read #19, ‘Reason’ Letter for class ‘A’ LTC, before you even go to submit an application for a permit, this may help you. In those cases it would be wise to contact your selectmen or your state Representative and lodge a complaint, have them work for you, that is their job, but you need to let them know.

Now, apart from the ‘afore mentioned, if you had a gun permit in the past and would like to have it reinstated after losing it due to a past misdemeanor conviction, a new law in 2004 created a seven member review board with the authority to look at your case,see # 20 Been Denied your Gun Permit, the burden is on you to show why you should get your permit back, the review board can recommend reinstatement of the permit based on the circumstances that surround your case, of course each individual case is different. Many gun owners with certain criminal records may now get the licenses that they were denied prior to the new 2004 laws. The best way to keep your rights is to know your rights.

Mark Shean, www.mafirearmsafety.com written 10-18-2009.

IMPORTANT NOTE: Also there is a non-profit group of lawyers under the name of Comm2A that can help if you have been denied an LTC due to an old conviction, or a minor firearms conviction or even a minor drug offense that may have caused you to lose your LTC/FID. If they take your case, there will be no cost to you. Comm2A has multiple cases pending in federal court in an effort to ensure state firearms law treats all lawful residents fairly and equally. You can contact this group at www.comm2a.org or info@comm2a.org or 617-942-0660.

Note: A word from a Founding Father; {“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the Tyrants will, and always so when it violates the rights of the individual” } THOMAS JEFFERSON-

Your comments/insights are welcomed.

Posted in Gun Sense |

Gun Sense #14, Ma.Change of Address Notification Forms-and a Renewal ‘tip’.

Author: Mark Shean

This information is for those who live in Massachusetts and have either a Firearm Identification Card (FID) or a License to Carry permit (LTC). This information can save you from losing your gun permit and or paying a fine; Any FID card holder or LTC 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 of any change of address. Such notification shall be made by certified mail, (with a return receipt for your protection) within 30 days of changing your address. Failure to do so shall be cause for revocation or suspension of said license.

Basically the state wants you to to photocopy each side of your gun permit three (3) times, When you send in the states Change of Address Notification form, you send it in three (3) different directions. 1. to the police chief in your old city or town, 2. to the police chief in your new city or town, 3. to the Firearms Record Bureau at 200 Arlington st. Suite 2200, in Chelsea Ma. 02150. www.mass.gov/chsb So you will attach to each notification form the two copies (front and back) of your gun permit, and mail them out. It is very important that you file away the return receipts when they come back to you, in a safe place, later they may come in very handy as proof that you did what you were supposed to do. Police departments may (misfile) this information and not have it when you go to renew your permit later, so CYA. And if you trust the state not to (lose) your information,….. God bless you. I don’t trust the state to do anything efficiently except to create new tax burdens/ fees.

Your local police stations should carry the Change of Address Notification forms if you need them, or the Firearms Record Bureau in Chelsea, (617-660-4780 or 4600) could mail them to you, or they can downloaded from the Ma. State Police website. You DO NOT need to fill them out if your only moving from one street in your town to another street within your town because your still in your town, also you DO NOT need to fill them out if your moving out of state. I put one copy of the form in each folder I hand out so that you can make as many copies as you need. Just keep in mind that the Change of Address Notification forms have explicit directions on them for your convenience, read them.

As far as where the criminals live and keep their guns, no one knows, but by God, you should feel all warm and fuzzy knowing all the people least likely to commit crimes, (legal gun owners) are right under the thumb of big brother at all times, makes me feel good, and makes politicians feel they have created something really special and important, (more like impotent). As far as the number of crimes this address notification form has prevented, there are no statistics readily available at this time, and never will be.

Renewal ‘Tip”:

Your permit is good now for 6 years and expires on your birthday. You are supposed to get a ‘reminder’ notice to renew, but don’t hold your breath waiting for it to come, I have never seen one since 1970. Two (2) months before it expires you should start the renewal process anyway, if you have started that process ‘prior’ to expiration, and your birthday comes before you have received your new gun permit you are given a 90 day grace period beyond your birthday. You should receive it easily within the grace period, maybe.

Here is the ‘catch’, if your permit expires and you never started the renewal process, you DO NOT get the 90 day grace period and you lose your license/guns and, (in some towns) you go through the safety class/process again, and you may be fined $500, as ridiculous as that fee sounds! Hey, you keep these pinheads in office….. So please, mark it on your calendar two months out, and try to pay attention. If you do not want to renew your license it is up to you to get rid of your firearm(s) prior to your license expiration so that you will not be in illegal possession of them. I know that ‘life’ sometimes can get in the way, that is why I give you this reminder. If you took my class you will know where you should stand on this issue….Sincerely,

Mark Shean, www.mafirearmsafety.com -written 11-30-2009

Your comments/insight are welcomed.

Posted in Gun Sense |

3 Comments »

Gun Sense #15, Concealed or Not Concealed, That is the Question…

Author: Mark Shean

This next little segment will illustrate the confusion that is out there in the law enforcement community, and in general, on weather you can carry handguns out in the open or not. I do not blame law enforcement for this confusion, I blame the legislature for drafting archaic laws that could confuse Einstein! I was talking to Kevin Traver, he is a firearm instructor. So in his words, as he relayed them to me;

“I was in Plimouth Bay Outfitters in downtown Plymouth, and I could not help but overhear a conversation between a patron and one of the store keepers. They were discussing the purchase of a new pistol and the patron asked about weather it was required in this Commonwealth to carry concealed when in public? The storekeeper emphatically announced that if one was to carry in the open without a badge, that it was a felony and they would go to jail. The statement struck me as odd, as I had recently been on one of the interactive maps through www.usacarry.com , and had read that Massachusetts was an open carry state.

Now I am not generally an advocate of open carry; I have always felt that it should be a surprise to those around me and especially my attacker that I am usually armed. Nonetheless, I have never found the statute that requires me to carry concealed. So I challenged the storekeeper for the source of their declaration. And although he was absolute in his resolve, he could not produce the Ma. General Law (MGL). I made a quick phone call to my local police station and queried the on duty detective. He had no answer (although he was certain as well that it was an arrestable offense to carry open). So, I called a few more police departments all with the same result.

By this point I decided to bump the issue up to the State Police and phoned the Bourne barracks. The Trooper at the other end of my cell was pretty sure that open carry was prohibited and said he would arrest an individual carrying in the open, but could not find the specific MGL that supported the statement. He recommended that I call the State Police Headquarters. The nice woman at the State Police Headquarters did not have a clue what I was talking about, but kindly referred me to the Firearms Record Bureau in Boston. After playing a few rounds of phone tag with an attorney name of Jason Guida, he answered the long and sought query. There is no specific written statute or law that prohibits open carry in the Commonwealth of Massachusetts. That technically makes us live in an open carry state. HOWEVER, as the local authority has the power to grant and revoke a license to carry, the wise gun toter would check with their local police chief before waltzing down Main Street with a .45 strapped to their thigh……just to avoid unnecessary harassment and trips to the court house.“ Source, -Kevin Traver-

{Note from Mark} I concur with Kevin. Law enforcement ‘perceptions/misconceptions’ are a funny thing, not in a laughing sort of way. In my class I tell people that it is a good practice to carry concealed because of the liberal culture here in Massachusetts, which for the most part is very much anti-gun, anti Second Amendment. Even though you would ultimately win in court because no one would be able to dig up the law against open carry, it would surely put you through headaches and monetary burdens that you could live without. Err on the side of caution, conceal that handgun.

Mark Shean -Ma. Firearm Safety- www.mafirearmsafety.com written 12-8-2009

Posted in Gun Sense |

Gun Sense #16, Parents Guide to Gun Safety page 1

Author: Mark Shean

NOTE: Some of this information is taken from an NRA pamphlet, and some from my own experience, it is not all NRA verbatim, it is an informative read, especially for people with children or those whom you know have children.

ACCORDING TO FEDERAL STATISTICS, THERE ARE GUNS IN APPROXIMATELY HALF OF ALL U.S. HOUSEHOLDS. THE PARENTS RESPONSIBILITY; In a home where guns are kept, the degree of safety a child has rests squarely on the child’s parents. Parents who accept the responsibility to learn, practice and teach gun safety rules will ensure their child’s safety to a much greater extent than those who do not. Parental responsibility however does not end when the child leaves the home. Even if no one in your family owns a gun, chances are that someone you know does. Your child could come into contact with a gun at a neighbor’s house while playing with friends, or under other circumstances outside your home. It is critical for your child to know what to do if he or she encounters a firearm anywhere, and it is the parents responsibility to provide that training.

TALKING WITH YOUR CHILD ABOUT GUN SAFETY; There is no particular age to talk with your child about gun safety. A good time to introduce the subject is the first time he or she shows an interest in firearms, even toy pistols or rifles. Talking openly and honestly about gun safety with your child is usually more effective than just ordering him or her to “stay out of the closet”, and leaving it at that. Such statements may well stimulate a child’s natural curiosity to investigate further, when your not around. As with any safety lesson, explaining the rules and answering a child’s questions help to remove the mystery surrounding guns for them. Any rules set for your child will also apply to friends who visit your home. This will help keep your child from being pressured into showing a gun to a friend.

TOY GUNS vs. REAL GUNS; It is advisable, particularly with very young children, to discuss gun use on TV as opposed to gun use in real life. Firearms are often handled carelessly in movies and on TV. Additionally, children see TV and movie characters shot and “killed” with well documented frequency. When a young child sees that same actor appear in another movie or TV show, confusion between entertainment and real life may result. It may be a mistake to assume that your child knows the difference between being “killed” on TV and in reality. If your child has toy guns, you may want to use them to demonstrate safe gun handling and explain how they differ from real firearms. There should be no chance that he or she could mistake a real gun for a toy. (Continued on page 2) Mark Shean- www.mafirearmsafety.com written 12-25-09

Your comments/insight are welcomed.

Posted in Gun Sense |

Gun Sense #17, Parents Guide To Gun Safety page 2

Author: Mark Shean

WHAT SHOULD YOU TEACH YOUR CHILD ABOUT GUN SAFETY? If you have decided that your child is not ready to be taught in a gun’s handling and use, teach him or her to follow the these simple instructions: If you find a gun: STOP! DON’T TOUCH! TELL AN ADULT! This may be at a very rudimentary level, but it is far better than nothing. To counter the natural impulse to touch a gun, it is imperative that you impress these steps of the safety message upon your child. You can accomplish this by using a toy gun, tell your child that your going to pretend that the toy gun is real. Set the gun down in the house somewhere in plain sight for your child to easily see. Now, when your child spots it, ask your child what he or she should do? When the child repeats to you at least the Stop, Don’t Touch, and Go Tell an Adult, parts of the lesson, make a very big deal out of it, because it is a very big deal, and a lesson that should be reinforced every few days so that the child understands the importance of the lesson. This lesson could well avert a tragedy one day while your child is in a friends home, playing with another child that was never taught at even this rudimentary level.

Gun Owner’s Responsibilities; Most states impose some form of legal duty on adults to take reasonable steps to deny access by children to dangerous substances or instruments. It is the individual gun owner’s responsibility to understand and follow all laws regarding gun purchase, ownership, storage, transport, etc. Contact your state police and/or local police for information regarding such laws. If you own a gun and do not know how to operate it, do not experiment with it. Seek competent assistance and instruction as soon as you can. An untrained adult can be as dangerous, and in as much danger as a curious child.

A parent must, in every case, be absolutely sure that the firearms in your home are inaccessible to your children, and that your children may only see them under your direct supervision. There are states that mandate a basic firearm/law course, and have certified state instructors teach the course, like myself. There is also a NRA program pertaining to children called “Eddie Eagle,”call (800) 231-0752 for more information. Note; This was not verbatim from the NRA pamphlet, I added my knowledge, drawn from my life experience’s as well.

{Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost us our freedoms.

Mark Shean Ma. Basic Firearm Instructor 508-333-6151- www.mafirearmsafety.com written 12-25-2009

Your comments/insight are welcomed.

Posted in Gun Sense |

Gun Sense #18, If you ‘misplace’ your Ma. LTC or FID

Author: Mark Shean

I hope this does not happen to you, but if you ever lose, (as in opps, where is it?) your Ma. Firearm License, LTC or FID you can get it replaced by going to to the police station where you originally filled out the application for the license if you still live in that town and have not renewed it after moving to another town. The police will or should have on file proof that you got the license through them and take care of the problem by getting a replacement for you. If you have moved and renewed your permit in a different town then go to that towns police department for the replacement. Also call the Firearms Licensing Bureau at 617-660-4780 or 4600 to tell them that you have lost your firearm license, this is so they can notify the National Instant Check System (NICS) people to be on alert in case someone tries to fraudulently use your lost license.

You should have a place where you keep important records and have on file the number that is on your LTC or FID so you can tell the police what the number is as well as the people at the Firearms Licensing Bureau, www.mass.gov/chsb . You will be issued a different number than the one you previously had , the original number will be ‘red flagged’. It is also a very good idea to have on file a list of the serial numbers for each gun you own in case of theft, in order to help the police identify your property when and if it is recovered. -Mark Shean- www.mafirearmsafety.com written 2-3-2010

Your comments/insight are welcomed.

Posted in Gun Sense |

(3-9-2006 Letter to Rep. V. DeMacedo (R) Plymouth, Page 1 of 3),

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

Author: Mark Shean

I am getting more and more feedback from people around Massachusetts that have taken my State Basic Firearm Safety course, or took it somewhere else but could not get any answer(s) from where they took it, asking me about what they should say when the police chief of their town will not accept “Any Lawful Purpose” as good enough a reason for issuing the gun permit. He will issue them a restricted license for ‘target and hunting’ only, but later, they are told, if they can prove some good “reason‘ to be issued an unrestricted license with a letter explaining ‘why’ you think you need an unrestricted LTC the chief will consider it, but of course that can/will cost you another $100!

NOTE: ( My ‘Reason Letter’ is further down the page near the bottom in Bold type, you cant miss it ).

In my opinion this is meant to intimidate you, and is an illegal scheme/scam to charge honest people $100 twice by the state, it does absolutely zero to prevent crime, hell, I think it is a crime! Call your Representative,( 617-722-2000) if this is happening to you. If your Representative is not willing to stop the scheme/scam, then he/she is a willing participant in the scheme/scam, vote them out in November!

I have helped each person in turn on a one to one basis, but now will simplify things for everyone (and myself). I have already talked about arbitrary discretion and its disservice to the law abiding public in past articles for years, so I am not going to go there. You may contact Rep. George Peterson about House Bill 2259 Rep.GeorgePeterson@hou.state.ma.us or call him directly at 617-722-2100, his bill would curtail ‘arbitrary discretion’. If you would like to read any of my related articles they are listed below, you simply click on them. [Again, I strongly urge you to call your so-called state reps to complain about it, demand change, tell him/her to support house bill 2259!] They might listen, after all it is an election year. I am going to give you a ‘template’ to use if your police chief tries to intimidate you in your legal pursuit for your right to self defense. The Second Amendment is not about ‘target and hunting’, this is a restriction some police chiefs coyly love to use.

One reason I decided to do this was because recently someone called me who had taken the class from someone else, he knew someone who had taken the class from me. The place that had given him the class told him they could not help him, that they only give the required class and that was all. Shame on them! I believe in standing with my students or anyone else looking to exercise their gun rights as American citizens.

The following letter will be your guide as to how you can counter, and hopefully satisfy the chief demanding such a (hoop) for you to jump through. If this does not satisfy him, then he is not trying to be reasonable, and nothing short of a Petition for Judicial Review will help if you are denied outright. In that case revert to Gun Sense #13 Specific to Ma. Petition for Judicial Review of my web site. If the chief or his designate want to give you a permit for ‘target and hunting only’ even though you know your record or lack of a record does not warrant that decision, I advise that you tell them to deny you outright, and to put the denial in writing as to why they will not give it to you for ‘Any Lawful Purpose’.

They may argue that your not being denied, but you most certainly are being denied the reason you want it for! Dont accept less in the form of an unwarranted restriction like ‘target and hunting’, or a Class B license. Please read: Gun Sense #30, Graduated Licenses,(D-A)under Ma. Law & “GREEN CARD” Info. for definitions of the license’s. They know it is wrong, don’t allow it.

Here is a letter designed to guide you; {Dear Chief of Police,(his name if you know it) I am currently applying for my class ‘A’ LTC and would like it for [ all lawful purposes] as this would cover any contingency/reason that I would ever need for its use. I am a devoted family man to my wife and children, and as such must think of their protection. I pray that I would never be forced into a situation by a criminal(s) that would put the lives of my family and/or myself in jeopardy, so while I hope for the best, I would like to be prepared for the worst, wherever I may lawfully be.

I realize that there are bad people in the world that do not follow the laws of man nor God. As important as I know the jobs of policemen are, I am not naive, I realize they can not be everywhere at once, especially in our homes at night guarding us. Is anyone anywhere truely safe from a violent criminal act? This is why I feel strongly, that as the head of my household, the defense of my family is my immediate duty and responsibility, and it falls to me first and foremost. Thank you sir for your consideration in this matter.} (your name, address, and phone # should be at the end). This letter will not cover all individual circumstances but can easily be molded to your liking. Send it ‘certified’. As I said before , it is merely a guide as to how to write down your humble reason(s).

Always keep copies of your gun related information, including the state certificate for the gun safety class, along with your ‘letter’ in case you need it for proof in the future should you be unreasonably denied or injured because of such denial. Your concern about crime is real, most crime happens when the police are not around. List of articles concerning what I have written about ‘Arbitrary Discretion’; (House Bill 2259, Everyone should pay attention, 1-5-2010)

(Some Ma. Police Departments, 2009)

(Arbitrary Discretion 3-8-2007) {Remember, Firearm Education Will Save Lives, Firearm Ignorance Can Take Lives}. Ignorance of History could cost you your freedoms.

NOTE: Another game some towns put people through is letters from friends, even employers, go to Gun Sense # 33, Ma.”Letters of Recommendation”,Gun License Help.

Sincerely, Mark Shean- Ma. Firearm Safety- www.mafirearmsafety.com written 3-21-2010

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

Your comments/insight are welcomed.

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Gun Sense #20, Ma.’Misdemeanor’,Been Denied Your Gun Permit/License?

Author: Mark Shean

If you have been denied in your quest for a firearm permit, (LTC) here in Ma. due to a past misdemeanor conviction(s), there is a process that you may initiate to try to counter the denial by your police chief. You need to realize though that if the Firearms License Review Board, a 7 member board, finds in your favor, that will be a good thing, but your police chief will still be making the final determination. He will look at your application in a different light if the review board has found in your favor, that will lend weight to your cause and may sway him to issue you a license. Initially he may only issue you a license with a restriction like ‘target and hunting only’ and the next time around in six years may issue the license you really want, so keep this in mind.

Another option for you would be to apply for an FID card first. With an FID card there are only 3 reasons you can be denied. The reasons are, 1. If you have not been a felon within the last 5 years. 2. If you have not been a substance abuser within the last 5 years. 3. If you were not involuntarily placed in a mental institution within the last 5 years. Under the law no other reason/criteria for denial may be used when issuing an FID card. There are even exemptions to these 3 reasons. As a courtesy I have added the following link for you to find instantly the ‘petition form’ needed, if your being denied a LTC, along with all related information. www.mass.gov/Eeops/docs/chsb/firearms/Petition%20and%20Instruction%20Letter_20100126.pdf Another link that gets you to the Criminal History Systems Board is, www.mass.gov/chsb

Please go to the ‘Gun Sense’ page for all Gun Sense Articles from first to last.

–>IMPORTANT NOTICE: Also,there is a non-profit group of lawyers under the name of Comm2A that can help if you have been denied an LTC due to an old conviction, or a minor firearms conviction or even a minor drug offense that may have caused you to lose your LTC/FID. If they take your case, there will be no cost to you. Comm2A has multiple cases pending in federal court in an effort to ensure state firearms law treats all lawful residents fairly and equally. You can contact this group at www.comm2a.org or info@comm2a.org or 617-942-0660.

Sincerely, Mark Shean, www.mafirearmsafety.com written 4-11-2010

Your comments/insight are welcomed.

Rating: 8.6/10 (5 votes cast)

Rating: +2 (from 2 votes)

Posted in Gun Sense |

Gun Sense #21, Shooting not Mandated? Why I do not have you shoot.

Author: Mark Shean

*In a nutshell, it is a waste of your time and extra money, read on…

I have an educated theory,(3rd grade) as to why the state has not made shooting mandatory for the state certification. The course is carefully titled Basic Firearm Safety with emphasis on the ‘basic’, it covers gun laws and safety aspects. You do not want to run afoul of the gun laws in Ma., that is a point of the course. The main reason I believe that shooting is not required can be summed up in one very big word, liability. Someone may be a felon, no one has done a background check on the people I initially see, I dont do them, so a background check must be run after my class when they apply at the police station. I would not want a felon who may want only to steal a firearm and ammo endangering me at a range. That is number 1, my safety, call me selfish.

Accidents also come under the heading of liability. The state does not want to be sued for making shooting mandatory in case of an accident. The Representative’s we elect may never be bright enough to balance a budget, (its easy to spend someone elses money) but they are not crazy. Also the state would not want the appearance of discriminating against the disabled, etc, etc.

These things are legal and political ’landmines’ that will always be avoided. The state is perfectly willing to let private instructors take any falls should there be an accident, i.e. (the little boy in Westfield Ma.) I have something to say about that ‘accident’ in my blog. [Zero Gun Sense=Uzi sub-machine gun tragedy in Westfield Ma.] *The instructors who do infer that shooting is required in Ma. do so at their own risk, and if they are careful/smart they carry insurance which of course will drive the price of the class up to significantly impact your wallet. The state wide average runs around $155 per person, (a house call and/or discounts not included).

*I do not believe, knowing what I have learned in a lifetime of shooting, that the extra cost is justified, this is where knowledge through experience comes in… If you already know how to shoot it is a waste of your time and additional money paying for the instructors liability insurance, range, ammo, guns, lights, targets, other overhead ect. to take a few shots. On the other hand a complete novice will not even begin to retain any of the fundamentals. I know I cannot instill the fundamentals of shooting by waving a ‘magic’ wand after a few rounds.

Well intentioned or not, the few shots taken are more about justifying their higher price for the course than anything else. I strongly advise that the novice would be far better served by joining a gun club, to learn from knowledgeable members who will gladly help, or by taking the time for a series of lessons from an instructor which most clubs have, to get you started down the right path, over time.

In my experience with this state course since 2000, I can say without a question that a majority of the people I come into contact with have had previous experience with firearms through one venue or another. Some had moved into the state and needed the course simply as a way to legally keep the guns they already own. Others through life experience and/or military training. Still others because they had just come to figure out that the old FID card that said ‘indefinite’ in their wallets was no longer indefinite, it had expired years ago, (Oct. 1998) to be exact, and had to be brought up to speed.

Then there are those who take the class because they want to legally keep guns that have been inherited, for sentimental or other reasons. There are people that want their spouse to have some knowledge of the firearms they keep in the house as well as the laws surrounding the proper storage of those guns. Then there are people that learn certain laws loosened in 2004 no longer keep them from getting their gun permits back, lost years ago over something minor.

After looking at all that, it is not quite as dire as, “no one could possibly know anything about firearms or the proper use of them” until they talk to someone like me. I wouldn’t flatter myself for a second by thinking that egotistical nonsense. For the types of circumstances surrounding the people I have just mentioned, people like me are useful in helping them understand the Ma. state firearm laws so that they may stay in sync with them, as well as introducing/reiterating specific safety aspects.

Discovering the varied levels of firearm experience that I have come into contact with from class to class, really does not surprise me. On the contrary, considering that firearms are an American birthright, and are estimated to be numbered in the hundreds of millions throughout America, it would be foolish of anyone to think all people looking for a gun license are completely ignorant about firearms or incompetent in the handling of them. I cannot resist inserting a quote by one of Americas greatest Founding Fathers, (in my opinion) as it happens to punctuate what I have been saying about American citizens….

This is an excerpt from the of very first session of Congress, made by our first President: {“Firearms stand next in importance to the Constitution itself. They are the peoples liberty, teeth and keystone under independence, the rifle and the pistol are equally indispensable…more than 99% of them by their silence indicate that they are in safe sane hands. The very atmosphere of firearms everywhere restrains evil interference. When firearms go, all goes, we need them every hour”} GEORGE WASHINGTON-

Note: The word ‘Keystone’ is from 1630, it means; The central supporting element of a whole. Synonyms include; principle, foundation, basis. It is obvious to me, the meaning is clear, firearms and American citizens have had, and will continue to have a long standing ‘relationship’ with firearms. You hear that all you socialist ‘progressives’ ? We will run many of you out of office in 2012, my preference would be to have them all tarred and feathered and run out on a rail!

Mark Shean- written 5-2-2010 www.mafirearmsafety.com

Your comments/insight are welcomed.

Rating: 7.2/10 (6 votes cast)

Posted in Gun Sense |

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Gun Sense #22, Ma. ‘Stored & Kept’ and ‘Direct Control’

Author: Mark Shean

Hello, I am not a lawyer, this is my attempt to make certain that you will understand the two main criteria set down, at this time, on how we should handle firearms in Massachusetts. I decided to try and translate this from ‘lawyers leagalise’ to common English, that we mere mortals could then vaguely understand it. I believe that they are vague in order for the courts to ‘interpret’ them any which way they feel like interpreting them depending on the circumstances. NOTE: [Be aware, it is up to you to keep up on the murky gun laws if you own firearms, (but, as a courtesy I send my past clients any changes to gun laws by email. MS] (see my Gun Sense #32 for latest updates)-

The ‘new’ gun law, (not quite so new now), Chapter 180 of the acts of 1998, will take affect on or about October 21, 1998. Note:{As of that date anyone having a Firearm Identification Card (FID) marked ‘indefinate’ will no longer be honored and you will need to renew it every six (6) years thereafter- MS.}

The following precautions are advised to avoid perceptions/misconceptions and or laws, leading to arrest, felony charges, confiscation of guns, and suspension or revocation of your (FID) card or (LTC) License to carry.

This is taken from Chapter 140 MGL, Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons , or machine gun in any place unless such weapon is secured, (unloaded) in a locked container or equipped with a tamper-resistant mechanical, (trigger) lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. Note: If you store a loaded firearm trigger lock or not, that is a felony.

NOTE: There is no definition under the MGL Chapter 140 for the term ‘secured in a locked container’, container being the key word. So I decided to crack open a dictionary, {Websters Encyclopedic Unabridged Dictionary of the English Language} to come up with that nugget of information. Container: ”Anything that contains, or can contain something, as a carton, box, crate, can, etc. (NOTE; ‘etc.‘ can cover allot of things, such as a secured and locked house for instance.) Under the definition of ‘contain’ I found this for instance; ‘To keep under proper control’. Also under the definition of House: to remove from exposure; to put in a safe place; to stow securely. So, in short, a ‘secured locked container’ is also a house! Note: Anything can be compromised by a determined criminal, you can only do your best.

NOTE: There are penalties/charges for improper storage of your firearm(s) and the associated ammunition, so again, use good judgement, don’t try to ‘split’ hairs. Also if you own one of those nice gun safes with the little compartments for ammo built into it, they did not construct the safe with anti gun Ma. in mind, you should not store ammo in the safe with your guns, again, why make it easy for the criminal. But remember, nowhere in the law does it specifically say that you cant store ammo with the guns. A State police lieutenant from Sandwich was charged with a felony, for improper storage of a firearm. He had left an unlocked, unloaded gun in a dresser drawer along with a loaded magazine, in an unlocked house in 2008. I heard the charges in this case were swept under the rug. Err on the side of caution, you probably will not be so lucky, keep stored guns away from the ammo.

During transportation, regardless of the gun license you may have, all ‘long guns’, ( rifles and shotguns) must be unloaded with trigger locks, and in a carry case, box, or bag, or you can lock the case without trigger locks on the guns, your choice, but a lock has to be somewhere. As in the home, any ammunition ought to be kept separate from the ‘Stored’ firearm(s) in another area of your vehicle. You may leave a firearm(s) temporarily, (a few hours at most) unattended in a vehicle only if the vehicle is locked and the firearm(s) is/are in the ’Stored or Kept’ condition as described. You can not turn your vehicle into a rolling gun safe 24/7/365! Even with a LTC with no restrictions, only a handgun may be carried loaded in a motor vehicle, and only if it is under your ‘Direct Control’.

“Direct Control”: This means under your immediate control, within arms reach. NOTE: {If you are watching television in the family room and your handgun/’any gun’, is loaded upstairs in the master bedroom it is not considered under your direct control, that would be labled as a felony. Again the gun described in that situation would need to be in the ‘Stored or Kept’ condition, otherwise it would be a felony. Of course Direct Control applies to rifles and shotguns to a lessor degree, normally they would be stored unless being used in a hunting or gun club activity, certainly, most of us do not walk around our homes clutching a loaded shotgun, though legally you could……..{your call}. Handguns are carried far more frequently ‘on your person’ and under your ‘Direct Control’ for personal protection, than long guns would be. When in public you need to ensure hand guns are concealed so as not to be arrested on the ‘perception’ made by most police who think they must be concealed, and to avoid a public panic. Please read Gun Sense #15, Concealed or Not Concealed, That is the Question…. Long guns should be cased in public, (by law) and also to protect your investment, to avoid sending the general public at large into a panicked frenzy of 911 calls. Remember, we are not in Maine or Texas.

NOTE: Be certain your handgun is concealed and you will avoid all kinds of irrational hysteria, that channel 7 news helicopter buzzing overhead, 300 swat team members closing in on you from all sides, costly lawyers fees, 5 soccer moms screaming frantically on TV ”think of the children!”, etc., you should get the picture, I hope. Just remember, you are in Massachusetts,…. avoid the headaches. As always, err on the side of caution……..

Bear in mind also that there are places you cannot carry and these include: Schools, (without written permission), Professional Sport Arenas, Banks, Hospitals, Federal Buildings, Court Houses, a house of worship/church etc., Airports (you may transport guns only with prior notification through your airline), and anywhere that may be posted ‘no guns allowed’. Should you carry in a bar? Not if your going to be drinking. If your found to be drunk in possession of a gun, your going to be prosecuted, lose your license, so use your head. When in doubt call ahead first to see if where your going has an anti-gun policy. Above all else, please use your good judgement. See- Common Sense? The meaning has ‘flip flopped’

Mark Shean, written on 6-4-2010 www.mafirearmsafety.com

Your comments/insight are welcomed.

Rating: 8.8/10 (4 votes cast)

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Gun Sense #23, Ten Cardinal Rules of Firearm Safety, with answers to #29 test.

Author: Mark Shean

These are the ten Cardinal rules of firearm safety, you break any one of these and you or someone else could die, many have. Firearms are very unforgiving of mistakes or foolishness. The first mistake you make could be someone else’s last breath on earth. Red signifies Extreme DANGER, especially in uneducated hands.

1. Treat EVERY gun as if it were loaded AT ALL TIMES! (crucial mindset, there is no such thing as an unloaded gun!)

2. MAKE SURE ANY gun you handle is pointed in a safe direction. (because it is loaded!) Never ‘assume’ otherwise!

3. NEVER point a gun that is loaded at anything/anyone you do not intend to destroy. (remember, they are ALL loaded!)

4. Be aware that a round as small as a .22 LR bullet can travel up to a mile or more. (you must know where the bullet will end up or DO NOT take the shot!)

5. When target practicing ENSURE there is a backstop high enough and with no hard objects, to avoid ricochets.

6. ALWAYS ensure your firearm is UNLOADED and the action OPEN before ever handing the gun to anyone! Check it TWICE. (that person must then handle it exactly as if it were loaded!)

7. While hunting, ALWAYS unload your gun before climbing up or over anything, jumping ditches, or negotiating any obstacle in your way. (use good sense to avoid any accidental discharge)

8. While hunting ALWAYS be able to IDENTIFY your game first, OR DO NOT TAKE A SHOT!! (also, look beyond your game before shooting , if you see blaze orange DO NOT SHOOT, the deer/whatever is NEVER that important!)

9. NEVER shoot at or over open water with ANYTHING other than a shotgun loaded with bird-shot. Bullets from rifles and handguns will ‘glance’ off water causing them to fly wildly. (you can/will be held accountable for any negligence with a firearm)

10. Alcohol, Drugs, and firearms are a deadly combination, NEVER consume ANYTHING that will even mildly impair your judgement or physical coordination when you are about to use a firearm!!

Reminder;

A mechanical ‘safety’ on a firearm does NOT give you license to carelessly handle the firearm, anything man makes can break. YOU are the overriding ’master‘ safety on ANY firearm that you handle!

Remember, Firearm Education will save lives, Firearm Ignorance can take lives. Please, pass these life saving rules on. Sincerely, Mark Shean- posted 6-10-2010 www.mafirearmsafety.com www.mshean1955@yahoo.com or 508-333-6151

Below, answers to the firearm test: from Gun Sense #29, Firearm Safety Test with relevance to Ma.

1. T, With the exception of ‘black powder’ firearms in which case if there is no percussion cap on the ‘nipple’ or flint in the ‘jaws’ of the hammer, they are considered unloaded. Read Gun Sense # 2

2. T, There is nothing in the law that states this, but there is a common misconception among law enforcement that this is so. You can be arrested on a misconception with all the associated legal/financial hassles, so take a proactive stance and keep them separated.

3. Y

4. T

5. ‘Stored or Kept’ condition. Read Gun Sense # 22

6. Unloaded and secured in a locked container or fitted with a mechanical device that would render it useless. Read Gun Sense # 22

7. N

8. Y, Please read Gun Sense #3, 16, & 17

9. Y

10. Y, You must have the ‘mind set’ that they are always loaded. Read Gun Sense # 4

11. N

12. Y, They all can kill you.

13. N, Read Gun Sense # 5

14. N, Never trust anyone on this issue. You will handle it just as if it were loaded! Read Gun Sense # 4

15. Ten seconds. Read Gun Sense # 5

16. T, People say that this is just common sense, I say if it is such ‘common sense’ why are there shooting accidents every year? A deer/etc. is not important enough to endanger a human, you must be absolutely sure. Be an ethical hunter, only hunt for what you have set out to hunt, do not shoot at anything that walks, crawls, flies or slithers just because your in the woods with a gun.

17. A bullet that was not loaded with enough gun powder, or no gun powder. Read Gun Sense # 6

18. N, Anything man makes can break, you are the ‘master’ safety on any firearm you handle. Read Gun Sense # 10

19. T, Under Ma. law. When you fill out your application, they already know your record if you have one, be honest.

20. We all do, every one of us, ’nuff’ said.

Thank you for taking this test, please pass it on so those you know will be more aware around firearms. Remember, they are ALL loaded, ALL the time. Read Gun Sense # 4

Mark Shean

Your comments/insight are welcomed.

Rating: 9.0/10 (6 votes cast)

Posted in Gun Sense |

EVIL GUNS ?

Author: Mark Shean

Forward NOTE: This was sent to me by Ed Sinnott, an old friend I have known since the 8th grade, after I had sent him a simple notice that I had put a ‘For Sale’ tab on my website. As part of the description I had mentioned that it was better than craigslist in that you could also put ‘evil’ guns for sale. That is what spurred Ed to send me this history lesson about, not evil guns, but instead evil men. I thought it would be nice to pass along for your consideration. So when you hear talk of ’Gun Control’ take a closer look at the people doing the talking, a very very close look.

Evil guns?

A funny thought, without them how much evil was in the world before the availability of guns to the common man? We take for granted that the industrial revolution made guns available to the average ‘common’ man.

Before that in our human history, the powerful rulers had control of the weapons, they only armed loyal men under their control. The men fought and died for the commands of a ruling class. It was said the Bill of Rights declared men to be equal and Samuel Colt and his guns made them truly equal. Disarmed men were easy to control when faced with armed men under the commands of a ruling class.

When the Founding Fathers wrote the Bill of Rights they fully understood what it was like to be under the rule of the rich, those that were armed and therefore powerful. They fully knew if there were armed citizens then and only then could they ever hope to protect themselves from these ‘EVIL’ men with their greedy ambitions. They knew of how ‘EVIL’ men planed, schemed, and wanted to exploit, control, and rule the now independent freemen of the newly formed United States.

By giving the common man the gun they hoped that men would have, and use when necessary, the equalizing tool called the gun to protect the principals of this new freedom. They also knew having every able man armed would help discourage any attacks from another nation. Having a fully armed citizenry would make for a sizable army. If there were to be a battle the men would also know the fight would be to keep them free, and not just to please a king. It was a good plan.

Now we face the even more insidious weapon of greed. It is through the use of money to manipulate and control us, to become subjects to a ruling class who has much of everything already under its control. It is this ‘EVIL” that is by far more deadly to any of us than any gun will ever be. This weapon of ‘economic control’ threatens our country, our citizens, and our future.

Sad, the gun will not do much to stop the evil greed of men who rule from a distance, and other countries as they lay our freedoms, economy’s and futures to waste without ever firing a shot…. All they need do to kill us is to adjust some numbers on a computer screen to change our money… all that we were, and ever could be….is gone forever…. The United States, the greatest hope for all mankind, will be lost because the gun could not find the target….of this evil.

Now a word from a Great American:

“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property- until their children wake up homeless on the continent their fathers conquered”. -Thomas Jefferson-

Mark Shean, posted on 6-14-2010

Rating: 10.0/10 (2 votes cast)

Posted in Blog, Gun Sense |

Children,Their Future Rights,Are We Overlooking Them?

Author: Mark Shean

I initially got involved with giving the state required basic firearm safety course when my son became old enough,(15) to apply for his firearm identification card,(FID). I started looking for an instructor that would give the course, at that time it was a separate course than the one given for the license to carry, (LTC). I found instructors, but each one told me they only gave the LTC course, good only for 21 and older, “there was more money in it” an instructor told me. I retorted by saying to him, (because by then I was starting to get fed up) “when you dinosaur’s go extinct the shooting sports will go extinct with you because you ignored the kids”!

I could not believe how short sighted these people were. So I became a state instructor, my son was my first ‘victim’ for his FID card, then I began giving the course to the 15-20 year old group exclusively. Now the course will cover either age group with no distinctions.

I know how important it is to include our youth in the shooting sports, that is how I started, it is the only way these traditions have any hope of surviving into the future. I think that we as adults kind of overlook how important it really is to talk to our children about their rights under the Constitution. If we don’t talk to them how will they ever know? Share your passion of firearm freedom with them. Don’t depend on the public school system to educate them about their Second Amendment right to keep and bear arms. Schools/teachers unions, are anti Second Amendment, their ultimate agenda is to rewrite history by leaving out or ‘re-interpreting’ whole sections of our Constitution and passing it off as factual to our children. By making the framers of the Constitution nary a footnote in history. So please talk to your children about their rights if you don’t want them to lose these rights.

We fight hard to keep a certain class of politicians in line concerning our rights, we do not overlook their assaults on the Constitution, we can get very energized at the polls to ‘kick the bums out’ as we will be this November. But stop and think, do you take the time to explain the way you feel about your freedoms to your children? Do you take the time to make sure they understand that these freedoms can only survive if they too fight someday against the agendas of a few bad people willing to abuse their powers while holding political office? It has to come from you, as the adult, as it did from your parents when the terror that was WWII was very real in their lives. They held their freedoms very dear indeed.

The importance of this seems to become more and more diluted, as the years pass, than when I was young. Try a test to see what, if anything, has been taught to your children about the Constitution, the framers, or the Bill of Rights in school. Simply ask them if they have ever heard of the history behind the forming of American Independence, you may be shocked at their answers or lack thereof. It will be a clear message, and duty for you to teach them yourself in this area.

The Constitution is only as strong as the current generation who protect it. If our young have no idea it exists, their rights will cease to exist along with their freedoms in the not so distant future. Firearm rights are the keystone of those freedoms.

Mark Shean, written 8-27-2010 www.mafirearmsafety.com

This is a quote from an original Patriot who understood this all to well;

“ The voice of tradition. I trust, will inform posterity of our struggles for freedom. If our descendants be worthy the name of Americans they will preserve and hand down to their latest posterity the transactions of the present times“ PATRICK HENRY, 6-5-1788

Rating: 10.0/10 (2 votes cast)

Posted in Blog, Gun Sense |

Gun Sense #24, Hollywood Bullets vs. Real Bullets

Author: Mark Shean

Hollywood has quite an influence on how people view things, right or wrong, people formulate notions based on what they see at the movies or on television. In my gun class I will dispel some of these notions. I start by saying something like; I am now going to ruin some of the things that you believe to be real because you have seen it on TV all of your life. Remember, Hollywood is entertainment, nothing else.

For example, I am sure everyone has seen a James Bond flick, when he is scuba diving underneath some mad zillionaires, super-sized yacht, complete with its own 18 hole golf course, and naturally the madman who owns the yacht is out to rule the earth, (every villain worth his weight in enriched uranium wants to rule the earth in these shows) and every mad zillionaire naturally has his own highly trained army of thugs to command. Well, here is James Bond trying to sneak up under the yacht, and he is spotted by the madman’s sonar array, which would put the British Navy’s technology to shame, this army is now eagerly waiting for Bond, all heavily armed with every kind of gun known to man, (and some I can not recognize) up on deck.

As James gets closer they spot his bubble trail and all hell breaks loose as they start shooting hundreds of thousands, (maybe millions) of bullets into the water! The camera pans below the surface to show how James is doing under this massive onslaught. The bullets are whizzing past him all around, leaving little bubble trails as they zip to the bottom of the sea killing flounder and other hapless bottom dwelling creatures fathoms below. Of course they all miss James. HOLD IT RIGHT THERE! Do bullets really act that way in water? Hollywood would have you think so, it makes for cool special effects, and at the end of the movie your not told otherwise in the credits, they might say that no flounder were hurt during the making of this movie to calm down PETA, but that’s about all.

Bullets can travel at very high rates of speed as we all know, some types go faster than others. At speeds that can be between 1000 fps to 4000 fps they will all have one thing in common when they are shot down into water. The water will have the effect of hitting a hard object on the bullet, it will shatter or deform, and lose all forward motion and kinetic energy within about 8 inches and sink harmlessly to the bottom, where the bottom dwellers will suck it up and may eventually die of lead poisoning if they are lucky enough to live so long, (don’t tell PETA). So if James is swimming at least ten inches under water he should be safe, I personally am a chicken and would be at least 12 inches under……. sorry if I ruined your movies/tv shows.

Hollywood bullets are the best for ending the usefulness of cars for any bad guy trying to escape, one or two shots and BOOM, the car is blown to smithereens along with all inside! Sometimes the car will even put Olympic gymnasts to shame with spectacular flips and twists! On another note we often will see sparks flying everywhere, all around the good guy as he runs for cover, this feature is so the bad guys can see exactly where they are missing so that they can correct their aim, (just a little theory of mine). HOLD IT RIGHT THERE! Do common everyday bullets have these super abilities? In Hollywood they do. In real life they do not, you can riddle a car and never do more than put holes in it with your garden variety citizen weaponry. As far as all those sparks, sorry, only Hollywood bullets put on Fourth of July displays, (another reason I want some). More movies etc. ruined, oh well…..

Another Hollywood cool special effect deals with bullets and fire. We have all seen what happens when some good guy on TV throws a handful of bullets into a campfire, (or other hot place). All around the fire are many bad guys sitting and planning their next atrocity against mankind, this is to ensure that you will have no sympathy for them when the fireworks start. Within a couple seconds, or jussssssst enough time for the good guy to find cover after the bullets hit the fire, all hell breaks loose, naturally. The bad guys are dropping like flies in every direction as if those bullets had eyes. HOLD IT RIGHT THERE! Do bullets really react to fire that way? Hollywood has been selling that scenario for a very long time and people believe it hook, line and sinker.

In actuality the only thing that would happen, (after about 40 seconds) would be dull popping sounds, some sparks would rise from the fire and no one would be shot off any logs. The cartridge(s) will become hot, and if there is nothing to direct the gasses behind the bullet, (like the barrel of a firearm will do) it will merely separate a few inches from the shell casing harmlessly. Many military studies on the effects of fire on ammunition bear this fact out. So if the Fire Department ever comes to your burning home, (and I hope this never happens to you) they may ask you a few quick questions. 1. Is anyone in the house? Hopefully ‘no’. 2. Are there any pets in the house? Again, hopefully ‘no’. 3. Are there any loaded firearms in the house? Be very honest with this answer, they have a very dangerous job, they run into a burning building while everyone else is running out of it, the job is dangerous enough without adding the possibility of being shot into the mix. A loaded firearm getting hot from a fire will discharge a bullet just the same as if you pulled the trigger yourself. So hopefully the answer again is ‘no’, because if it is yes they will all sit back and toast marshmallows instead of taking the chance of being shot. If there are no loaded guns in the house they will fight the fire, knowing that any stored ammo will just be ‘popping’ away harmlessly. Again, sorry for ruining your movies.

Hollywood bullets for the bad guys vs. Hollywood bullets for the good guys. I would love to buy some of the good guy bullets, just one box would do. If you know where they are sold please let me know. No matter what kind of firearm you put them into you will never ever miss again. They have the added benefit of being able to self- perpetuate, constantly, from second to second, you will never run out, never needing to inconveniently load again. They make shooting look as easy as falling off a log. The bad guys on the other hand don’t have it quite as good with their ammo, occasionally they might wound a good guy, and once in a great while may even get lucky enough to kill a good guy, (if no sequel is planned) but by all accounts this is extremely rare.

The bad guys don’t always have the luxury of never ending bullets, but where they lack accuracy in hitting the good guys, they are pretty good at hitting rival bad guys, which makes it easier for the good guys to mop up the remaining bad guys. But for the most part, the good guy bullets have the advantage of going through virtually anything while the bad guy bullets wont even make it through an overturned kitchen table if there is a good guy behind it.

The Hollywood western bullets have a quirk more unique or prevelent to them, they always ricochet, every shot, it astounds me. Watch any ’spaghetti’ western for the most ricochets, even the direct hits ricochet! So if you want to impress your friends, avoid buying the Hollywood western era bullets, that way it wont look like you miss everything you shoot at. You definitely would not impress your friends with this kind of bullet.

The effects that Hollywood bullets have on the people they hit is amazing also. In almost every case, when someone is unlucky enough to be written out of the script, they need to exit in a particularly memorable way. When a hapless bad guy catches a load of buckshot from a 12 gauge shotgun for instance, it will undoubtedly throw him back thirty feet, at least four feet off the ground, and most probably put him through a brick wall, memorable enough? A single bullet for instance will instantaneously kill any bad guy it hits wherever it hits, no ifs ands or buts, unless of course it is a good guy, then its merely a ‘flesh wound’. HOLD IT RIGHT THERE! Do bullets or buckshot really effect people in this way? Not exactly. In Hollywood they always do, for the added drama meant to keep you interested, they have to keep the action moving quickly along. Bullets are traveling so fast that the thing that actually happens is that a person may not know what happened immediately, it takes time for the body to shut down, people are not as fragile as the movies depict them. They do not fly backwards or die instantly unless it involves a head/heart shot, and in many cases not even then. In war, soldiers have been documented as being hit multiple times, still fighting effectively, even rescuing others and living to talk about it.

If you can think of any other wonderful or quirky things that Hollywood bullets can do that I may not have mentioned please leave your comments for our entertainment.

All in all though, I would still like to have a box or two of the good guy Hollywood bullets, it would mean that I would no longer have to work on keeping my fundamentals sharp, what could be better than never ever missing again, or never having to buy ammo ever again? Great for your budget. Of course if too many people had them there would no longer be any need for firearm instructors

Sincerely, Mark Shean, submitted on 11-2-2010

Your comments/insight are welcomed.

Rating: 9.5/10 (4 votes cast)

Posted in Gun Sense |

Gun Sense #25, Can you keep a secret?

Author: Mark Shean

Outside of your immediate family and/or a trusted close circle of good like-minded friends, in this day and ‘enlightened’ age, don’t tell people what you have when it comes to firearms. I know that sometimes people may ask you if you own guns, the question, on the surface, may be quite innocent but it can sometimes lead to bad consequences. In this state, and time in history, it is an inappropriate question and you should politely decline to discuss your personal business with someone that does not have a ‘need to know‘ that information.

Your like-minded friends should/will all be on the same page with you concerning their, and your firearm information. Simply put, it is a matter of security. I know instances where a firearm(s) have been taken because of ’loose lips’. In one case the home owner in question was big on cook-outs and inviting large crowds of ‘friends’ over. These ‘friends’ would sometimes come with people that the home owner did not know. We will call the home owner Willy, now Willy had quite a nice collection of guns and was very proud of them. He would make sure that everyone had a chance to admire them by bringing people into his house and showing the guns off. They were great ‘show and tell’ material. This went on for a few summers, I had long since given up trying to convince Willy that ‘show and tell’ was a bad practice. One day Willy came home to find that he had been burglarized and 21 various firearms had been taken. I think that more would have been taken but the crooks probably ran out of ‘hands’ to carry them. So far only four have been recovered, that was more than ten years ago.

’Associates’ that you really don’t know very well, can innocently mention to someone you don’t know at all, that you are a gun owner, they in turn can casually pass that information on, it only takes one ‘bad apple’ in that chain of people to use that information against you.

Someone who had taken my class a few years ago called me recently and told me a thief had broken into his car and taken a handgun that was secured with a cable lock, in a locked box out of sight under the seat. He said that he only occasionally left it in the car for reasons I will not mention. I asked him if he had any other valuables in the car that were taken? He said that his GPS was not touched, or anything else, just the gun. Obviously he was specifically targeted for that gun. Possibly someone he knew had knowledge of the hiding place, and brought the correct tool to steal it. I asked him to think hard about who he had talked to about the gun, to come up with a list of people. It probably was not a friend that took the gun, it was probably someone a friend had talked to about the gun, so he needs to talk to his circle of friends to narrow it down. I think it will lead him to that gun, or at least a good suspect.

The main point that runs through this article is this, don’t trust those you hardly know to protect your secrets from others. Keep your gun(s) as private as you reasonably can. Your gun(s) are not anyones business but your own. If a firearm is stolen from you report the theft to the police as soon as you find out. Keep a list of the serial numbers from each gun to aid the police in trying to recover your property. Don’t unwittingly become an accomplice in the theft of your own firearms.

Submitted: 12-31-2010, Mark Shean

Rating: 10.0/10 (2 votes cast)

Posted in Gun Sense |

Jury Nullification; The Peoples Suppressed Right.

Author: Mark Shean

FYI;

Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding. Jury nullification can only be applied in criminal cases.

The American jury draws its power of nullification from its right to render a ‘general verdict’ in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendments ‘Double Jeopardy’ clause, which prohibits the appeal of an acquittal, and the fact that jurors can never be punished for the verdict they return. A jury can nullify a law due to disagreements with the justice of the law, jury nullification can sometimes take the form of a jury convicting the defendant of lesser charges than what the prosecutor sought.

Early in our history, judges often informed jurors of their legal nullification right. For example, our first Chief Justice, John Jay, told jurors: “You have a right to take upon yourselves to judge [both the facts, and the law]“.

In the 1895 decision in Sparf v. U.S., Justice John M. Harlan held that a trial judge has no responsibility to inform the jury of their legal right to nullify laws. It was upheld by a 5-4 decision of the Supreme Court. In a 1969 Fourth Circuit decision, U.S. v. Moylan affirmed the right of jury nullification, but also upheld the power of the court to refuse to permit any instruction to the jury to this effect. In part, the decision reads: ” If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision”. Once a jury returns a verdict of “Not Guilty”, that verdict cannot be questioned by any court. NOTE: (But, the court now has no obligation to inform the jury of this nullification right, the jury has to figure this out for themselves somehow! MS)

Judges seem less likely today to favor jury nullification, or to willingly instruct a jury about their power of nullification as they were in the past. Judges are unable to take away the power of nullification, but have done much to prevent its use by not mentioning it as an option to juries, {that through no fault of their own, know nothing of the choice as it becomes more obscured by the courts.} Lawyers have even gone so far as asking potential jurors if they knew of jury nullification, then excused them from the jury pool if they did! The ‘fix’ is ‘in’ apparently.

If jurors have the power to nullify bad laws, shouldn’t they be told so? The omission by judges to give instruction on nullification is an extreme lack of ‘candor’, and, [I believe] in violation of our rights under the Constitution. Jury nullification can be used to provide the People an important mechanism for ‘feedback’. For example, jurors have sometimes used nullification to send clear messages to prosecutors about misplaced enforcement priorities, or what juries see as harassing or abusive prosecutions, (*a case is cited below). Jury nullification can be a tool to prevent our criminal justice system from becoming too rigid, or keep bad judges in check, it provides some ‘leeway’ in the ‘joints’ for justice, if jurors use this power wisely. But first they need to be educated about this right, something the courts shy away from, as noted above in: Sparf v. U.S. and: U.S. v. Moylan.

For example, this is a case in point; *In a recent 2010 case, a jury was never informed about their right to nullify by an activist, anti Second Amendment judge in New Jersey. The judge refused to allow evidence that was relevant to ‘exceptions’ in the vague gun laws of N.J.. Had the jury heard these exceptions that were requested from Brian Aitken’s attorney and even the jury itself, they would have rendered a ‘not guilty’ verdict based on the barred exceptions, but because of the instructions from the judge to only render verdict on evidence ‘allowed’, the jury was ignorantly forced into a ‘box’ and only had one choice, to render a “Guilty” verdict. This was a combination of a judge manipulating the verdict, and the jury not knowing their rights. Brian Aiken was subsequently, (wrongly) sentenced to 7 years in prison for crimes he never committed. (He served 5 months before sentence was commuted, 5 months of which he was brutalized in prison and will not discuss…, according to his father).

In a letter to the governor supporting Aiken’s clemency request, pro-gun Assemblyman Michael P. Carrol rightly noted that even if Aiken had committed “wholly technical violations [of] wholly problematic laws,” “not every violation of the law warrants an indictment, let alone incarceration.”

The Governor, Chris Christie, has since reviewed the case and has commuted the sentence, a sentence that should never have happened in the first place had it not been for a politically appointed thug in black robes with an anti gun agenda, returning political favors to the anti gun ’progressives’ that appointed him and were his ‘masters’. The judge was removed from the bench after an investigation undeniably showed his bias. Other cases he presided over are under review. Now Chris Christy can go one step further, post haste, and give a complete PARDON to wipe the felony that ‘never was’ off Brian Aiken’s record once and for all. (Please finish the job Gov. Christy).

Now, I know this would be labeled under ‘wishful thinking’, but, let the crooked judge finish the 7 year jail sentence, maybe he should be ‘brutilized’. Now, wouldn’t that send a message to all the judges that actually believe their job is to legislate from the bench.

There are many cases where judges are driven by ideology rather than unbiased interpretation of the law/Constitution. One need only look at: D.C. v. Heller 6-26-2008, or: McDonald v. Chicago 6-28-2010, where both decisions were 5-4, barely in favor of our Second Amendment. Had these decisions been based only on honest interpretation of the Constitution and the preponderance of evidence surrounding the actual meaning of the Founders, the decisions would have had to be unanimous, and not along party lines. This points to how taunt a string our Second Amendment rights are balanced upon and how crucial judicial appointments are.

The Founders well understood history and that even a small amount of unchecked power corrupts otherwise good men over a sustained period of time, this is why they wisely built in ‘checks and balances’ to dilute and curtail this power. For the People, jury nullification is one way, the Second Amendment is another. The Executive, Legislative, and Judicial branches are three more, each presumably keeping the others in ‘check’. The voting booth is yet another, let us not lose sight of this by allowing candidates into public office that view the Constitution as a ‘roadblock ‘ in the way of their socialist/progressive ‘agendas’. You can tell this by what they have done, not by what they say.

Mark Shean, submitted 1-4-2011

Rating: 10.0/10 (2 votes cast)

Posted in Blog, Gun Sense |

Gun Sense #26, Ma. Hunter Safety Class info.

Author: Mark Shean

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

Rating: 9.3/10 (3 votes cast)

Posted in Gun Sense |

Why Carrying A Gun Is A Civilized Act

Author: Mark Shean

Forward; By Mark Shean,

This next article has been floating around the Internet, and so far I have seen it attributed to three different people. I think it strikes a very true chord that reasonable people should all easily understand, what ever side of the fence you may be on. I have decided to post it here for your consideration. At the end I will put its author as ’Anonymous’, since I am sure three different people did not all write the same thing word for word….. It echo’s what I have been writing about for years concerning the fallacies of the so-called ‘gun control’ crowd and their flawed/dangerous reasoning. MS

Why Carrying A Gun Is A Civilized Act;

Human beings only have two ways to deal with one another: reason and force. If you want me to do something for you, you have a choice of either convincing me via argument, or force me to do your bidding under threat of force. Every human interaction falls into one of these two categories, without exception. Reason or force, that’s it.

In a truly moral and civilized society, people exclusively interact through persuasion. Force has no place as a valid method of social interaction, and the only thing that removes force from the menu is the personal firearm, as paradoxical as it may sound to some.

When I carry a gun, you cannot deal with me by force. You have to use reason and try to persuade me, because I have a way to negate your threat or employment of force.

The gun is the only personal weapon that puts a 100 pound woman on equal footing with a 220 pound mugger, a 75 year old retiree on equal footing with a 19 year old gang banger, and one guy on equal footing with a carload of drunk guys with baseball bats. The gun removes the disparity in physical strength, size, or numbers between a potential attacker and a defender.

There are plenty of people who consider the gun as the source of bad force equations. These are the people who think that we’d be more civilized if all guns were removed from society, because a firearm makes it easier for a [armed] mugger to do his evil deeds. That, of course, is only true if the mugger’s potential victims are mostly disarmed either by choice or by legislative fiat, it has no validity when most of a mugger’s potential ‘victims’ are armed.

People who argue for the banning of arms ask for automatic rule by the young, the strong, and the mob, and that’s the exact opposite of a civilized society. A mugger, even an armed one, can only make a successful living in a society where the state has granted him a monopoly on force.

Then there’s the argument that the gun makes confrontations lethal that otherwise would only result in injury. This argument is fallacious in several ways. Without guns involved, confrontations are won by the physically superior party inflicting overwhelming injury on the loser. People who think that fists, bats, sticks, or stones don’t constitute lethal force, watch far to much TV, where people take beatings and only come out of it with a bloody lip at worst. The fact that the gun makes lethal force easier works solely in favor of the weaker defender, not the stronger attacker. If both are armed, the field is level.

The gun is the only weapon that’s as lethal in the hands of an octogenarian as it is in the hands of a weight lifter. It simply wouldn’t work as well as a force equalizer if it wasn’t both lethal and easily employable.

When I carry a gun, I don’t do so because I am looking for a fight, but because I’m looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don’t carry it because I’m afraid, but because it enables me to be unafraid. It doesn’t limit the actions of those who would interact with me through reason, only the actions of those who would do so by force. It removes force from the equation…that’s why carrying a gun is a civilized act.

“The greatest civilization is one where law abiding citizens choose to be armed, they then can only be persuaded, never forced”. Anonymous-

Submitted on this site by Mark Shean, 2-15-2011

Mark’s NOTE: Governments around the world, through the U.N. would like to force a total gun ban world wide disarming all civilian populations, (not already disarmed) especially, and most importantly to include citizens of the United States through the up coming so-called ‘Arms Trade Treaty‘ that the Obama Administration said they will gladly sign!! I say let governments lead the way and disarm first, I am sure they would not, saying that to disarm would embolden their enemy’s to attack their homelands. On a smaller scale why should citizens disarm to embolden madmen to invade their homes?

Criminals prefer unarmed victims, Politicians prefer disarmed subjects. (Bumper sticker) http://www.nagr.org/UNTreaty_Pledge1.aspx?pid=4b

Quotes from two original Patriots;

” 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.” -PATRICK HENRY-

“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government“. -GEORGE WASHINGTON-

Rating: 9.7/10 (7 votes cast)

Posted in Blog, Gun Sense |

Gun Sense #27, Gun Laws To ‘Understand’ in Ma. (with links)

Author: Mark Shean

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

Rating: 10.0/10 (1 vote cast)

Posted in Gun Sense |

Gun Sense #28, Is The Second Amendment Relevant? You Bet Your Life!

Author: 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!

NRA and Relevance

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

Rating: 7.0/10 (3 votes cast)

Posted in Gun Sense |

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

Author: Mark Shean

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

Rating: 8.0/10 (2 votes cast)

Posted in Gun Sense |

Gun Sense #30, Graduated Licenses,(D-A)under Ma. Law & “GREEN CARD” Info.

Author: Mark Shean

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

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

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

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

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

Commonwealth Second Amendment

Mark Shean, Submitted on 4-6-2011

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

Rating: 8.0/10 (2 votes cast)

Posted in Gun Sense |

Gun Sense #31, Frequently Asked Questions

Author: Mark Shean

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. Not having a license, can I shoot on a friends property with his gun if he has a license but is not present while I shoot?

A. No, he needs to be present to supervise you shoot, also, there can only be one gun out/used at a time.

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

Rating: 10.0/10 (2 votes cast)

Posted in Gun Sense |

UTAH + FLORIDA -non resident- CCW Multi State Licenses

Author: Mark Shean

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

Rating: 10.0/10 (3 votes cast)

Posted in Blog, Gun Sense |

Arbitrary Discretion, a Gun Licensing Problem in Ma.

Author: Mark Shean

Dear Rep. Dwyer, This is a copy of a certified letter I sent 5 years ago to the State House, to my elected ’Representative’, with no response. Can I ask that you now represent this ongoing concern?

State House, Boston: Dear Mr. DeMacedo; Hello, I will try to be as concise as possible concerning the problem herein. I am a basic firearms instructor registered with the state. As such, I have had the opportunity to hear many varied true stories that concern many an honest citizens quest to gain his or her license to carry concealed in this state. I will relay to you the following examples that highlight a few of the road blocks that are being reported to me from people that have taken my safety class, as well as others who have contacted me.

These examples are not all inclusive.

1. Some are told they need to prove that they have cause to fear for their safety before they will even be given an application, and to write a ‘reason’ letter to the chief outlining their specific concern. For ‘self defense’ is specific enough in my view, that would be my total ‘letter’.

2. There are those told they must first prove they are members of a gun club before they may apply for any permit for firearms. Why?

3. There are restrictions such as, ‘for target and hunting only’ imposed on people that want a carry permit for personal protection ,with no good reason given why they can not have it for ‘any lawful purpose’.

4. There are towns that will not issue carry permits to anyone, including retired police officers.

5. There are towns that tell people they will not issue a class ‘A’ permit to anyone who has not had one before, instead they will issue a class ‘B’ permit for target and hunting only, but, they say, if in six months you have not been in trouble with the law you may come back for reconsideration for the class ‘A’ permit, of course this will cost you another $100, (never mind that these people have never been in trouble with the law in their lives), is this a scam to fleece people twice by the state? I hope this is not done by design as a ‘back door tax’ to raise additional money for the state? This practice should be investigated and stopped, and those involved prosecuted. Do you agree?

6. One town will not give out class ‘A’ permits because the chief claims that two people in the past had firearm related accidents so he no longer gives them out, (how capricious) this is blanket paranoia. Under this police chiefs ‘theory’, it should follow that because there have been car accidents in the past no one should be given a drivers license I suppose?

7. There are towns that want an applicant to have a physical exam and a mental evaluation to make sure they are physically and mentally able to handle a gun. Does this mean that someone with a physical handicap need not apply? That sir is discrimination.

8. Many, but not all of these towns, require any number of letters of reference concerning the applicants character, when in reality the police need only to punch in a persons SS# , as they do at a traffic stop, to know more about a person than anyone writing a letter of reference could possibly know about someones legal background.

9. Some Police Chiefs want you first to be a survivor of a criminal attack before they will ‘deem’ you worthy of a carry permit. Is it just me or does this sound insane to you also?

Hoops? You bet they are! These ‘hoops’ to jump through are simply used as tools of harassment, designed to dissuade people from applying for gun permits. I could cite many more examples, but I wanted to point out a few of the obstacles that honest law abiding citizens are made to endure, (for no good reason) in order to pursue their right to self defense in Massachusetts. There are towns that use multiples of these ’hoops’ listed, and others not listed here.

There is a common thread that runs through all of the afore mentioned examples, that thread being “ABSURDITY”. There are towns that only do a background check, (and rightly so) that is all that should be required. This sould be a ‘Shall’ issue state, it would end this foolishness and abuse of good people. {NOTE; to be continued on pages two and three……..}

Continued from page one:

If discretion is the common denominator being exercised by each town and city, then it is far from consistent, and on a broad scale, being used irresponsibly by many in positions of authority. There needs to be simple criteria, set in positive law, from Boston to Lenox and from Gloucester to Province town, without variation, so that anyone anywhere knows what to expect when applying for any gun permit. As it stands now it appears extremely arbitrary, simply because it is.

The blame for this falls directly at the feet of you in the legislature, and I am asking you as a legislator, and a ‘Representative’, to propose the bill that will correct the problem. I do not believe anyone should point out a problem without offering what could be a viable solution or solutions to a problem. As with an FID, (firearms identification card) there should be set reasons to deny:

1. Having been convicted of a felony within the last five years.

2. Having a record of drug or habitual drunkenness within the last five years.

3. Having been confined to any hospital or institution for mental illness unless he/she has an affidavit from a physician stating that he/she is not disabled in a manner which should prevent his/her possessing a handgun rifle or shotgun.

4. If there is a current 209-A restraining order in effect, that gun ownership be reinstated after it is vacated or expires. As it stands now, it is often used as a tool of harassment. A 209-A ‘order’ is a violation of your rights under the Fourteenth Amendment and its Due Process clause!

5. There should be a rapid appeal process should a ‘rogue’ town invent its own ‘law’(s) outside of set law.

6. There should be considered an exemption to the age requirement of ’21′ for anyone serving in the armed forces for a pistol permit. These responsible young men and women put their lives on the line daily so that we may enjoy our freedoms, yet they are not shown the courtesy of obtaining a pistol permit in Massachusetts. No veteran, past or present, should need to pay for any firearms permit, they have already paid through their service to our country.

I would be very surprised if there was not broad bipartisan support for this exemption. There should not be restrictions such as ‘target and hunting only’, “any or all lawful purposes” covers target and hunting if one wishes to do so, and does not infringe on ones right to self defense, as ‘target and hunting only’ does. People have a right to personal protection, and there is no provision in the Constitution for government to arbitrarily place restrictions on that right. This is where law makers have a bipartisan opportunity to demonstrate that they actually understood their oath to office.

Continued from page 2:

People that want to obtain their pistol permits are not the problem, a simple background check is all that is needed to verify that. They need not be treated with, in many cases, contempt. Politicians and the police need to understand that these citizens are not the reason for crime, and treating them badly is not a solution to crime, and never will be.

There has never been a criminal, that on the threshold of perpetrating a crime, paused and said,”gee, I think I should obtain a pistol permit first”. There will be police chiefs screaming that they need arbitrary discretion over this issue, no, they do not. They need clear, concise direction from you in the legislature. Arbitrary discretion does a disservice to the public. Not everyone may want to keep a firearm(s) for self defense, but every American should support and honor the constitutional rights of all those who do, including you, by not allowing discretionary tactics/schemes/high fees, to strip away that right, EVER.

I am not a lobbyist, so I am unable to shovel loads of money at you. I am only an individual highlighting a real problem that exists, a problem that is effecting only the honest people of the state. I am asking as a constituent/citizen, for representation that would give relief to all law abiding citizens/constituents in Massachusetts.

I thank you in advance for taking the time needed from your very busy schedules to consider this outlined problem/proposal. Please, if you have any questions I would be honored to lend any assistance I can.

cc: Rep. T.J. O’BRIEN (D) 12Th Plymouth District. Sincerely, Mark Shean-

[NOTE; REP. Dwyer, I wrote this and sent it certified mail and received the return receipts. When shown a chance to make a positive impact that would effect good people statewide what I receive instead is no response, none what so ever, from either DeMacedo or O’Brien. But when there is a chance to levy a new tax or scheme up a new fee, politicians are johnny- on- the- spot for any opportunity to lighten our wallets. Do not direct me to GOAL, they are not my elected representatives and are not charged with the public trust.

Please support H.1567 An Act Relative to the Right to Carry Firearms

As THOMAS JEFFERSON once said,{“What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?”}

Mark Shean, originally submitted 3-9-2006 www.mafirearmsafety.com

Resubmitted on 10-7-2011…….

People are invited to add their own stories to this list of abuses of authority, made possible by your ‘representitives’.

UPDATE: This was sent to the following ‘representitives’ on 10-7-2011:

James.Dwyer@mahouse.gov

Vinny.deMacedo@mahouse.gov

Susan.Gifford@mahouse.gov

Michael.Brady@mahouse.gov

David.Torrisi@mahouse.gov

Rhonda.Nyman@mahouse.gov

Cleon.Turner@mahouse.gov

Harold.Naughton@mahouse.gov

David.Vieira@mahouse.gov

Linda.DeanCampbell@mahouse.gov

Nicholas.Boldga@mahouse.gov

Brian.Ashe@mahouse.gov

Bruce.Ayers@mahouse.gov

Therese.Murray@masenate.gov

Mark.Montigny@masenate.gov

Katherine.Clark@masenate.gov

James.Timilty@masenate.gov

Richard.Ross@masenate.gov

James.Welch@masenate.gov

Michael.Moore@masenate.gov

As of this date, 11-26-2011, 48 days, (and counting) after I sent this to each of these ‘representitives’ not even one of them have had the courage to respond. If you are in a district that is ‘represented’ by one of these people, thats too bad. I hate to be the bearer of bad news, but they are not involved in politics for you.

Rating: 9.7/10 (3 votes cast)

Posted in Blog, Gun Sense |

Gun Sense #32 Firearm Possession in Ma.

Author: Mark Shean

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

Rating: 10.0/10 (2 votes cast)

Posted in Gun Sense |

Gun Sense # 33, Ma.”Letters of Recommendation”,Gun License Help.

Author: Mark Shean

There are some towns in Ma. that require from 2 – 5 letters of ’recommendation’ when you apply for a class ‘A’ LTC. As mentioned, this is on a town by town basis, *most towns do not ask for these letters even though they can. If you are applying for an FID card this will not be asked of you, and is stated on the application that it is not required. If you are asked to produce letters of recommendation my advice to your friends is to keep it short and to the point. This is an example/template to follow: I have known Eric for X number of years and have no reason to believe he should not attain a gun license. He has always been level headed in my view. Any questions please feel free to call. Thank you, John Doe, address, phone #

The reason it should be kept ‘short and sweet’: *In my opinion it has no legitimate purpose, as I am certain many towns have already surmised. When towns ask for letters from friends, it would follow that friends will write nice things about you. What would the police possibly glean from these nice letters? Nothing. It is just a ‘hoop’ that some towns want you to jump through simply because they can. I do not believe the police even glance at these letters. Your friends can not possibly know what the police already know about your legal record, (if any) so it is a pointless and time consuming exercise/’hoop’.

If you were a criminal in prison you would probably be asked for names of those who might want to come visit you. This has relevance, if you were to escape, the authorities would now have a wider base of information in their search for you. You on the other hand are a law abiding citizen, the police already know this to be true, due to the lack of any criminal record, you should not need to jump through ‘hoops’. Treating you badly does nothing to prevent a single crime. *Don’t be discouraged or intimidated, play this game if you must, you will still get your license. Another ‘hoop’ some towns/cities put people through is demanding a “Reason” letter, please go to Gun Sense #19, ‘Reason’ Letter for Ma. class ‘A’ LTC for help in dealing with this game. Sincerely,

Mark Shean, submitted 1-5-2012

Rating: 8.3/10 (6 votes cast)

Posted in Gun Sense |

Gun Sense #34, Ma. CORI Report info.

Author: Mark Shean

This is information that I think people need to know if they want a better chance for a gun license in Ma. If you did not hear this in your firearm safety class, you have been inadvertently set up for failure by someone who did not know enough to bring it up.

For your ‘reason’ ask if they accept, (Any Lawful Purpose), if for some bizarre reason that is not accepted, for your second runner up put, (For Personal Protection) as a reasonable alternative, it boils down to a silly matter of semantics’s in some towns. Next, read carefully, and please, take it very seriously;

When you are filling out your application for a firearm license you will come to questions that the police already have the answers too. It may be helpful for you to request a current Criminal Offender Record Information (CORI) report. This is a tool you can use to help you if your not sure of what might be part of your record, you can attach it to your application. Let me stress that you do not have to get a CORI report, only if you want to.

There is a range of questions about being convicted for certain things. The application is not looking for parking tickets/moving violations. It is absolutely imperative that if you have been in front of a judge at some point in your life for some other reason, even if ultimately nothing came of it, you need to mention it, it is on your record and they want you to repeat what they already know about you. If something was ‘dismissed’ make sure you emphasize that it was dismissed, or, ‘continued without a finding’, or, ‘expired’.

If you leave something out because you don’t think it was important, because maybe it was a ‘continued without a finding’, (cwoaf) or maybe it is an expired 209-A restraining order, or perhaps a long ago, long gone probation when you were a teen, it may not be important to you anymore, but if you leave it out the police consider it a “lie by omission” and it can lead to a denial of your gun license. It may be something that happened when you were a teen and you think to yourself that those records are sealed, think again, when it comes to a gun license they break the ‘seals’. Just because something may have happened in your past it does not necessarily mean that you will not get a license, but, if you don’t mention it, that is what may stop you short in your quest. They have your record, and they want you to repeat it, consider it a serious test of honesty. If there is nothing in your past, good, just put N/A on each conviction question.

Please see the attached information on how to get your report. Again, you do not have to get one, but if you do want one:

How do I get a copy of my CORI report?

Online: You can request a copy of your CORI online using the web-based iCORI service:

Go to the Massachusetts iCORI Service and click on the “Register as an Individual” link
Answer “Yes” to the question “Would you like to request your own Personal CORI?”
Enter your personal information, including a username, password, and e-mail address
Verify your information; then follow additional instructions and submit your registration
Check your e-mail for the iCORI Account Activation notice; follow the instructions to activate your account
After you have registered, enter your username and password at Massachusetts iCORI Service
Click on “Add Request,” select the purpose of the request, and enter the subject information
Click on “Add & Checkout” and follow the instructions for submitting your payment
View your CORI online (in PDF format) or download your CORI to your computer

For more information about using the iCORI service:

see the iCORI Quick Reference Guide – Register as an Individual for complete registration instructions
see the iCORI User Guide for more information about how to request CORI and maintain your account
call the Constituent Assistance Unit at 617-660-4640

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:

Personal CORI Request Form

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.

Also, FYI, please read my Gun Sense #20, Ma.’Misdemeanor’,Been Denied Your Gun Permit/License?

Mark Shean, submitted 5-21-2012

Rating: 10.0/10 (1 vote cast)

Posted in Gun Sense |

Gun Sense # 35, Places you Cannot carry Firearms in Ma.

Author: Mark Shean

Q. Are there any places in the Commonwealth of Massachusetts that I cannot lawfully carry a firearm?

A. Yes. Some of the more common places include *State and Federal Courthouses, *Post Offices, *Prisons and Jails, and virtually all other *Federal Buildings and some *State Buildings where metal detectors are in use. *Schools and school grounds. Do not bring a gun onto school grounds without written permission, (good luck getting that…). School grounds include parking lots, driveways, and the grounds outside the building.

Marks NOTE: While all law abiding citizens are prohibited from carrying on school grounds, history shows us time after time, this has not prevented psychopaths from murdering our children there, (or anyone anywhere else) in fact it has helped to enable criminals to easily commit these atrocities in so-called ‘gun free’ zones. Foolish legislation for places not under static law enforcement protection….

Other Places where law or policy can curtail carry.

*Public Library’s

*Private party sporting events, concerts etc. where a search at the entrance takes place.

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

*Medical property, Hospitals/Clinics etc.

*Anyplace where there is a ‘No Guns Allowed” posting on private property. If you are not sure about a Hotel/Motel firearm policy, call ahead anonymously and ask.

*Airports, For a brief and painful stint as a TSA employee for one very long year at Logan, I had opportunity to inspect numerous firearms declared in checked baggage. There is set protocol/regulations in place that allow this, they are posted on airline websites. Notify the airline in advance of your intention to bring a firearm(s). NOTE: Do NOT show up the day of your flight with a gun asking if you can bring it with you! You would be carried away by six huge State Troopers, and may never be heard from again…

*Bars/Restaurant’s, Use your head when it comes to drinking at these places. If your bound and determined to get smashed, leave the gun at home. If your caught intoxicated while in possession of a firearm you will lose your license to carry. Just as if your caught intoxicated while driving a vehicle you will lose your drivers license. Here is the difference, in Ma. you will get your drivers license back loooong before you will get your gun license back, if ever…..keep that in mind.

You can comply with state law by leaving your firearm temporarily unattended in your vehicle if you first unload it and store it locked in the trunk of your vehicle, a locked case, or some other secure container,(not in your glove-box) ammo in a separate location. Note: Never on School Property. Please realize, however, if you leave a firearm in your vehicle, and that firearm/vehicle is stolen, you could lose your LTC. Use your best judgment in deciding whether it is a good idea. Does your destination really demand that you would need to leave your firearm behind when you park your vehicle? Weigh this consideration carefully. Again, you must unload and secure it locked in the trunk, in a locked case, or another secure container, (not in the glove-box) ammo in a separate location/area of the vehicle. You can expect that if the police become aware that you have failed to follow these provisions, they would probably file criminal charges against you.

Sincerely, Mark Shean, submitted 6-25-2012

Firearm Education Saves Lives, Firearm Ignorance Takes Lives. Ignorance of the Law lands you in Jail.

Rating: 9.9/10 (8 votes cast)

Posted in Gun Sense |

Gun Sense #36 Inheritance and Other Firearm Transactions, Form (FA10)

Author: Mark Shean

When a gun owner dies, the “heir or legatee” is not immediately in illegal possession if they do not have a license. Chapter 140, § 129 gives a 180 day exemption. By the end of 180 days, the person in charge of the estate should have either done one of three things:

Transfer the firearms to a dealer
Transfer the firearms to a person who has the appropriate FID/LTC
Or, applied for an extension of the time period to the chief of police

If the deceased had a MA license: It appears that an FA-10 could be filled out during this 180 day period, with the deceased person’s information as the seller, and the new owner as the buyer. The executor/executrix should sign [her name] for the estate of [deceased’s name].
If it has been longer than 180 days, or the deceased did not have a current LTC, then the sales must go through a licensed dealer.
If the inheritor is out of state, then have the executor/executrix ship the guns to a licensed dealer in that state OR have the inheritor pick them up directly.
Inherited guns still need to be registered with the state! Inheriting Across State Lines: If a MA resident with an LTC/FID inherits guns from a deceased person out of state, they may go directly and pick up those guns (provided it is lawful for them to possess those guns in that state as a non-resident). Although the federal government prohibits private transfers across state lines, it does make an exception for “direct bequest or interstate succession.” This is especially handy when we are talking about a person inheriting handguns that may not be “MA compliant”. Inherited guns still need to be registered on an FA-10 form.

The electronic ‘E’-FA-10 can be used in place of the paper firearms transaction forms, (FA-10) used by Ma. residents to report firearms transactions to the Firearms Records Bureau (FRB) as required by G.L.c.140, §§ 128A and 128B. E-FA-10 is an Internet-based application that allows residents of the Commonwealth to safely and securely submit firearms transfer and registration records electronically from any Internet-enabled computer.

In order to utilize the E-FA-10 system, you will need your firearms license number and personal identification number (PIN). If you do not have your PIN, please contact the licensing authority from which you obtained your firearms license to obtain it. E-FA-10 is available at: https://mircs.chs.state.ma.us/fa10

__________________________________________________________________________________________________________

For information on firearm laws governing private sales go to www.mass.gov/cjis under the heading of “Firearms Record Bureau”. If you are using the paper, (3 page ) form FA-10 follow the directions carefully, the address to mail this form is: FRB, 200 Arlington Street, Suite 2200, Chelsea, Ma 02150

No person to person interstate transactions are allowed using these forms, Consult a Gun Dealer.

Mark Shean, Submitted FYI, July 2012

Rating: 10.0/10 (2 votes cast)

Posted in Gun Sense |

Gun Sense # 37, Storage of Ammunition, Powder, Primers…

Author: Mark Shean

Under 527 CMR, Board of Fire Prevention Regulations: 13.04 Licenses, Permits, and Certificates. Under M.G.L. Chapter 148-13 the following quantities of explosive materials that shall be exempt from license, registration, and permit, and may be kept, or stored in a building or other structure:

(a) Small Arms Ammunition:

1. Not more than 10,000 rounds of rim fire ammo.

2. Not more than 10,000 rounds of center fire ammo.

3. Not more than 5,000 rounds of shotgun ammo.

(b) Small Arms Primers:

1. Not more than 1,000 caps or other small arm primers.

(c) Smokeless Propellants:

1. Not more than 16 pounds.

2. Persons under age 18 may not keep or store smokeless propellants.

3. Not more than 2 pounds of such propellant shall be stored in a multiple family dwelling or a building of public access.

(d) Black Powder:

1. Not more than 2 pounds.

2. Persons under age 18 may not keep or store black powder.

(e) Exempt quantities of small arms ammo, primers, smokeless propellants and black powder shall be stored in original containers and such containers shall be stored in a locked cabinet, closet or box When Not In Use. Mark’s NOTE: A firearm certainly is NOT considered an ‘original container’ to lock away with ammo inside it. If a loaded firearm became hot enough in a fire the gun would go off just as if you pulled the trigger yourself, a fireman’s job is dangerous enough without the added danger of inadvertently being shot. The fire Marshall understands this. So if someone tells you that you can leave a gun loaded so long as it is locked up or trigger locked, ask that person to point out specifically in the law where that is stated, because obviously it runs contrary to what is stated under M.G.L Chapter 148-13. Pardon the pun, but Ma. gun laws are written vaguely so that the courts can ‘burn’ you any which way they choose to interpret them. So Beware. It is better to be proactive and do a little more than what is thought to be required, than to take chances on being charged over misconceptions in vague law.

NOTE: Storage by Permit increases the amounts of ammo, primers, smokeless propellants and black powder in private use that you may have. But be aware that when you apply for and are approved for a permit to store more than quantities listed above you consent to periodic inspections by the Fire Marshall or his designee. The entire code can be viewed under 527 CMR.

Submitted/added to ‘Gun Sense’ 12-2-2012 By Mark Shean

Rating: 10.0/10 (1 vote cast)

Posted in Gun Sense |

Gun Sense #38, Traffic stops in Ma.

Author: Mark Shean

This question comes up quite frequently in my classes: ‘Do I have to tell the police that I have a gun or a gun license if I get pulled over?’ I will start by saying that in many other states when a police officer pulls you over, and if you do have a gun license, the first words out of your mouth will have to be “I have a gun license”, if you do not say that as the first thing out of your mouth you will be arrested. If you say ‘hello’ before you say ’I have a gun license’, you will be arrested. But this is not a requirement/law here in Ma.

When you are pulled over on the highways or byways in Ma. you are not being pulled over because you happen to be a legal gun license holder, no, you most likely are being pulled over for a motor vehicle violation/infraction of some sort, typically speeding as the most common reason.

As a gun license holder of a Ma. class ‘A’ LTC or FID you may be, or you might not be carrying or have a long gun in the car at the time when you are pulled over. Following is an important ‘tip’ for you to seriously consider for handguns. Even though most of us can easily reach our glove box from behind the steering wheel in the little shoe boxes that pass as cars these days, and even though you would be considered under ‘direct control’ because you can easily reach the glove box, NEVER have a hand gun where your car registration ‘lives‘, do you see where I am going with this? The police officer asking for your drivers license, proof of insurance and registration does not know you from a hole in the wall, he does NOT need to see a handgun tumble from your glove box, bad things could happen to you from there…….use your own imagination on this one. He/she would have a legitimate reason to be very ’upset’ with you.

When the officer runs your information in his cruiser computer he will see that you are a legal gun license holder, so what? As I said before, you are not being pulled over because you happen to be a legal gun license holder. If the officer asks if you are carrying, this is as far as that conversation needs to go; ‘Yes sir I am” or if not “No sir, not today” don’t lie about it, there is no legitimate reason for the conversation about a legal gun license to go any farther. If a police officer says he would like to search your car, and you know there is no reason or ‘probable cause’ for him to do so, don’t be bullied, ask if he has a search warrant, this should end any fishing trip in its tracks.

There are police officers out there, (few) that may try to treat you badly because they personally do not like the idea of anyone having a gun license, or maybe they are young, (rookies) and possess far more authority than they possess matureity, not a very good combination for public relations/service. My advice is to politely listen to the unprofessional rant, at the end of the tirade ask for his/her badge number and name. Write the chief a letter clearly detailing what happened including time of day and date, any witnesses etc, then cc, (courtesy copy) it at the end of the letter to the towns selectmen, by name, to your lawyer, by name, and to your personal ’file’. Be sure to send it certified mail with return receipt to all listed, this way everyone will be on the same ‘sheet of music’ in this matter. You will be doing the chief/town a favor in the long run. The chief may already have complaints against this person and knows he needs to nip it in the bud before it costs the town a lawsuit.

Mark Shean, Submitted on 2-22-2013

Rating: 10.0/10 (2 votes cast)

Posted in Gun Sense |

Gun Sense #39, Ma. Application/’Interview’ Process & Steps/Tips.

Author: Mark Shean

After you receive your State Firearm Safety Certification the first thing you should know is that it will be a waste of your time if you go to the police station thinking that you can just walk in and fill out the gun permit application, 99% of police stations will send you away and tell you to make an appointment. So save your time by following these tips and good advice. It is not really an ‘Interview’ in the sense you might think, what they want is for you to fill out an application, they take your picture, your fingerprints, and your $100…….

1. Call the police station first, ask for the person in charge of licensing, get his/her name, extension #, and email, if he has no email get the police department email. The email will be real handy when it is time to renew your license 6 years later, because two months before your birthday you should contact the police by email to let them know your license will be expiring and that you would like to set up an appointment to fill out an application to renew it. SAVE the email as proof you contacted the police and started the process. If your birthday comes and you have not yet filled out the application because the police have not brought you in for an appointment, by law they will have to honor your ‘expired’ license for an additional 90 days, email them again with attached copy of the original email. Note: If you are a Plymouth resident you will need to email Marsha at Bruillard@plymouthpolice.com do not call her.

OH NO!! If you forget to start the process to renew, and your birthday passes by before you think about it, then you realize and run to the station very concerned that your license has expired, the police will tell you that since you allowed it to expire you will need to turn in your guns. They can also fine you $500 for allowing it to expire, that fine is on the books though I have not heard of anyone being fined. If you now have no license you can not legally take your guns to the station, you will need someone else to go with you that does have a license. A friend or relative can hold your guns for you but will need to write a note to the police that has this information on it : Name, gun license #, address, phone#, and the note saying he will take responsibility for your guns while you renew your license, by law the police will/should accept this. Some police chiefs will tell you to take the firearm safety course for another certificate first, as a ‘hoop’ to put you through.

The moral to this story should be not to forget to start the process. Even though the state is supposed to send you a notice that your license is about to expire two months before it expires, don’t hold your breath for that notice. I have been renewing my license since 1970 and have NEVER recieved a notice, some of my friends have and others have not, so it is a hit or miss proposition. Note: If you decide that you no longer want a license, before it expires you would need to be rid of guns in your name.

2. Take note of the date of your application appointment, go 40 days out and note that date on your calendar also, this is the ‘window’ they have to deny or approve your permit. If you are denied you will receive a letter from the police stating why,(this can be appealed, see #13, #20 Gun Sense). After 40 days if you have not been denied, your not going to be, every town has experienced longer than the normal turn around time legally prescribed by the state, (the state is breaking it’s own law) for these licenses, now you need to just be patient.

3. Next, as you look at the front of the application you will see license choices, if your 21 years or older check off class ‘A’ Large Capacity, if your under age 21 choose FID. As you read you will find a question that asks for your reason for the license, put three words here, ‘Any Lawful Purpose’. If for some bizarre reason, (known only to them) the police in your town do not like giving a license for lawful reasons,,,, use this as your second choice: ‘For Personal Protection’, it is a silly matter of semantics’s as far as I can see. If you are required to bring letters of recommendation please read G.S. #33. If you are required to write a letter as to what your ‘reason‘ or ‘need’ is for wanting a license please read G.S. #19. If they try to insist that they are going to give you a license you do not want, class ‘B’ for instance, simply refuse it, tell them you would like a letter from them stating why you are being denied the license you applied for. If you know you should not be denied as stated in 4 below, stand your ground, don’t be needlessly bullied. Read G.S. #13.

4. There are three set reasons to be denied, If you have been a Felon, if you have been convicted of Substance Abuse, if you have been incarcerated in a Mental Facility against your will, (by court order). There is a fourth reason also, ‘Dishonesty‘.

G. S. #34 Excerpt: There is a range of questions about being convicted for certain things. The application is not looking for parking tickets/moving violations. It is absolutely imperative that if you have been in front of a judge at some point in your life for some other reason, even if ultimately nothing came of it, you need to mention it, it is already part of your record and they want you to repeat what they already know about you. If something was ‘dismissed’ make sure you emphasize that it was dismissed, or, ‘continued without a finding’, or, ‘expired’. If you leave something out it is deemed a ‘lie by omission’, ( dishonesty) and grounds for denial.

5. There is not much room on the application to write down what you may need to say about something that once happened to you. So at home write it on a sheet of paper to the best of your recollection, make a copy of it for your gun file, ( save copies of anything you submit) because you will need this information every six years. When you come to a question that pertains to you write ‘see attached paperwork’. If you want a copy of your state CORI record,(that you could also submit) go to #34 G.S. and follow the prompts.

Mark Shean www.mafirearmsafety.com

Submitted 3-4-2013

Rating: 9.5/10 (2 votes cast)

Posted in Gun Sense |