Mass. Non-Resident Gun Laws
[FYI, all of the bold and underlined text in these posts of mine are clickable links to the laws, cases and websites I'm discussing here, so that you can read the actual text of the law yourself firsthand and form your own conclusions.]
OK, I've seen a whole bunch of questions on this topic lately, so I'm going to lay out the laws on this subject so that people from free states don't un-knowingly break the laws in Massachusetts. Keep in mind that I am not a lawyer, so this is my interpretation of the laws, and if you're unsure about the legality of something, you should contact a Massachusetts attorney for legal advice. Several of them are listed here.
If you are not a resident of Massachusetts, generally speaking you must have a non-resident Massachusetts License to Carry Firearms to bring ANY handguns, ammo, or components into Mass. This includes empty shell casings. If you don't have a Massachusetts License to Carry, you can download the application and the instructions for the application at the below website.
http://www.mass.gov/Eeops/docs/chsb/firearms/MIRCS Non-Resident LTC application - for website.pdf
However, there are certain circumstances where it is legal for non-residents of Massachusetts to bring firearms into the state without a non-resident LTC, such as hunting, attending a shooting competition, or attending a meeting or exhibition of firearm collectors. There are other exemptions as well, but to keep this post focused I'm going to stick to these particular areas of law which are the most common reasons one would bring a gun into Mass.
Rifles and Shotguns:
For non-residents bringing in rifles and shotguns, the law is fairly simple regarding who is exempt from licensing. In short, if it's legal to possess them in your home state, you can possess them in Mass. This is covered under Massachusetts General Laws Chapter 140 Section 129C (specifically sections (f), (g), (h), (i) and (p)), which says:
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The law referenced in the above section (p) that defines "black powder" rifles, shotguns and ammo is Massachusetts General Laws Chapter 140 Section 121, specifically paragraphs (A) and (B) which can be found near the bottom of the page:
Basically, if you're bringing rifles or shotguns into Mass., they have to be unloaded and in a case when transporting them, and as long as you can legally possess them in your home state you don't need a non-resident License to Carry. However, they have to be what is known as "Non-large capacity rifles and shotguns."
This is because of Massachusetts General Laws Chapter 269 Section 10(m), which states:
What this means is that in order to possess what Massachusetts considers "large capacity rifles and shotguns" or "large capacity feeding devices" (i.e. magazines), you need to have a non-resident Class A or Class B License to Carry Firearms. What is considered "large capacity" in Massachusetts is defined in Massachusetts General Laws Chapter 140 Section 121, which says in part:
It is a felony to possess these "large capacity" guns or magazines in Massachusetts without a non-resident LTC!
Also, Massachusetts signed the old 1994 Federal Assault Weapons Ban into state law, which is Massachusetts General Laws Chapter 140 Section 131M:
"Assault Weapons" are defined in Massachusetts General Laws Chapter 140 Section 121:
This means that even if you do have a non-resident Massachusetts License to Carry, you cannot possess what is commonly known as "post-ban" configured rifles or high capacity magazines unless you are a police officer. Violation of this law in a felony.
One final thing, keep in mind that in Massachusetts non-residents cannot purchase firearms or ammunition, not even with a non-resident LTC. So any ammo that you need should be purchased by you beforehand in the state you live in.
(continued below)
[FYI, all of the bold and underlined text in these posts of mine are clickable links to the laws, cases and websites I'm discussing here, so that you can read the actual text of the law yourself firsthand and form your own conclusions.]
OK, I've seen a whole bunch of questions on this topic lately, so I'm going to lay out the laws on this subject so that people from free states don't un-knowingly break the laws in Massachusetts. Keep in mind that I am not a lawyer, so this is my interpretation of the laws, and if you're unsure about the legality of something, you should contact a Massachusetts attorney for legal advice. Several of them are listed here.
If you are not a resident of Massachusetts, generally speaking you must have a non-resident Massachusetts License to Carry Firearms to bring ANY handguns, ammo, or components into Mass. This includes empty shell casings. If you don't have a Massachusetts License to Carry, you can download the application and the instructions for the application at the below website.
http://www.mass.gov/Eeops/docs/chsb/firearms/MIRCS Non-Resident LTC application - for website.pdf
However, there are certain circumstances where it is legal for non-residents of Massachusetts to bring firearms into the state without a non-resident LTC, such as hunting, attending a shooting competition, or attending a meeting or exhibition of firearm collectors. There are other exemptions as well, but to keep this post focused I'm going to stick to these particular areas of law which are the most common reasons one would bring a gun into Mass.
Rifles and Shotguns:
For non-residents bringing in rifles and shotguns, the law is fairly simple regarding who is exempt from licensing. In short, if it's legal to possess them in your home state, you can possess them in Mass. This is covered under Massachusetts General Laws Chapter 140 Section 129C (specifically sections (f), (g), (h), (i) and (p)), which says:
The provisions of this section shall not apply to the following exempted persons and uses:
then later
(f) Possession of rifles and shotguns and ammunition therefor by nonresident hunters with valid nonresident hunting licenses during hunting season;
(g) Possession of rifles and shotguns and ammunition therefor by nonresidents while on a firing or shooting range;
(h) Possession of rifles and shotguns and ammunition therefor by nonresidents traveling in or through the commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case;
(i) Possession of rifles and shotguns by nonresidents while at a firearm showing or display organized by a regularly existing gun collectors’ club or association;
then later
p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.
The law referenced in the above section (p) that defines "black powder" rifles, shotguns and ammo is Massachusetts General Laws Chapter 140 Section 121, specifically paragraphs (A) and (B) which can be found near the bottom of the page:
(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;
(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
Basically, if you're bringing rifles or shotguns into Mass., they have to be unloaded and in a case when transporting them, and as long as you can legally possess them in your home state you don't need a non-resident License to Carry. However, they have to be what is known as "Non-large capacity rifles and shotguns."
This is because of Massachusetts General Laws Chapter 269 Section 10(m), which states:
(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.
The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.
What this means is that in order to possess what Massachusetts considers "large capacity rifles and shotguns" or "large capacity feeding devices" (i.e. magazines), you need to have a non-resident Class A or Class B License to Carry Firearms. What is considered "large capacity" in Massachusetts is defined in Massachusetts General Laws Chapter 140 Section 121, which says in part:
“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.
“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.
It is a felony to possess these "large capacity" guns or magazines in Massachusetts without a non-resident LTC!
Also, Massachusetts signed the old 1994 Federal Assault Weapons Ban into state law, which is Massachusetts General Laws Chapter 140 Section 131M:
Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment
Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
"Assault Weapons" are defined in Massachusetts General Laws Chapter 140 Section 121:
“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10, M-11, M-11/9 and M-12; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
This means that even if you do have a non-resident Massachusetts License to Carry, you cannot possess what is commonly known as "post-ban" configured rifles or high capacity magazines unless you are a police officer. Violation of this law in a felony.
One final thing, keep in mind that in Massachusetts non-residents cannot purchase firearms or ammunition, not even with a non-resident LTC. So any ammo that you need should be purchased by you beforehand in the state you live in.
(continued below)
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