bedstand gun illegal?

[GLOCK.Perfection]

i understand that a lot of people, at least i assume, have a gun close by in their home in the event of an intruder. under massachusetts law however you firearms must be be locked, trigger locked, tamper resistant etc etc. so would this mean that everyone who has a bed side firearm that is loaded and ready to go is in violation of the law, and subject to prison time? I have often wondered about this since it seems many people talk about what gun they use for home defense, which i would assume to be a loaded weapon ready to go at a moments notice. how i percieve the law though, this is illegal. some may try to argue it is under their control and they have a class a, however if you are in bed, and the weapon is not on your person, than it would not be in your direct control, as a weapon under your seat, or in the glove box is not under your direct control. Any oother opinions on this?

 

[Len-2A Training]

- Some people have them in a fast-access lock box. This is legal.

- Otherwise, it's a crap-shoot in court (and I don't think there has been a clear court case yet). You'd likely get arrested and have the "opportunity" to prove to a judge/jury that you really had control. [I'd be willing to bet that you'd lose the LTC forever (declared "unsuitable") regardless of court outcome.]

 

[SiameseRat]

invest in a quick-access safe. The $100-200 is a lot cheaper than fighting to get your LTC (and life) back.

 

[Hanwei]

the Mini Gun Vault works well for me for this purpose. Fast access. By the bed.

Second safe down on the page: http://www.fsguns.com/safes.html

 

[Cross-X]

If your nighttime storage method involves keeping a gun in an unlocked safe or an unlocked drawer in the nightstand, you are breaking the law and taking needless chances.

To comply with MA firearms storage law, follow one of the suggestions others have listed for you.

 

[Gmountain]

wow, that's pretty draconian. You can't keep loaded guns accessible in your own home?

 

[Martlet]

the Mini Gun Vault works well for me for this purpose. Fast access. By the bed.

Second safe down on the page: http://www.fsguns.com/safes.html

that's what I use.

 

[Cross-X]

wow, that's pretty draconian. You can't keep loaded guns accessible in your own home?

No, that's not correct. Please reread this thread a bit more carefully.

Storing loaded guns in homes and other buildings is perfectly legal in Massachusetts, so long as those guns are secured with a properly engaged tamper-resistant mechanical locking device or stored in a secure container.

 

[Hamar]

Could this stupid Mass. law be a lawsuit in waiting? Follow me here.....

I have the right in massachusetts to defend my family if I was in fear of death or bodily injury. Now, Because I follow the Massachusetts rules and have my firearms locked up, If I could not defend my family and one of us got seriously hurt during a break in, could I sue the State??

 

[drgrant]

wow, that's pretty draconian. You can't keep loaded guns accessible in your own home?

You can, you just have to be smart about how you do it.

I think the biggest real problem with leaving a gun on a nightstand
is that unless you carry it with you everywhere, that one might
accidentally leave it there. If you leave it there then it
gets stolen, then you have a lot of explaining to do because
chances are the same thief is not going to pry open your safes,
etc.

Another bad avenue for this is exigent circumstances. Some
weird chain of events occurs which allows your unattended gun to
be discovered by a LEO. In one case a guy was bagged for
safe storage violation because he had a heart attack while cleaning
his guns, and someone dialed 911 to get the meatwagon to come,
etc... well, cops showed up too, and when they went in the house
they discovered a bunch of unsecured guns on his bed after the
EMTs had hauled him out of there. (at least thats how I
remember it).

And yes, this state is f*cked WRT the dumb safe storage
laws. In NH or most other free states you can leave loaded guns
sprinkled around everywhere if you want.

-Mike

 

[snowjoker]

IANAL but theretically you probably could...But then you have pretty much the same type of people as Judges as you do that are making these stupid laws so...

 

[Martlet]

No, that's not correct. Please reread this thread a bit more carefully.

Storing loaded guns in homes and other buildings is perfectly legal in Massachusetts, so long as those guns are secured with a properly engaged tamper-resistant mechanical locking device or stored in a secure container.

Really? I was specifically told I could not keep a loaded gun in a safe while I was gone. The magazine could be loaded and inserted, but the chamber must be empty.

 

[Cross-X]

Really? I was specifically told I could not keep a loaded gun in a safe while I was gone. The magazine could be loaded and inserted, but the chamber must be empty.

Whoever told you that was completely wrong. Loaded guns, including those with a round in the chamber, can be stored, carried, or under the control of a properly licensed person, legally in MA.

As Rob Boudrie once said, "Gun owners in Massachusetts are fond of making up gun laws that don't actually exist!"

 

[Martlet]

Whoever told you that was completely wrong. Loaded guns, including those with a round in the chamber, can be stored, carried, or under the control of a properly licensed person, legally in MA.

As Rob Boudrie once said, "Gun owners in Massachusetts are fond of making up gun laws that don't actually exist!"

Thanks! It was one of the workers at Four Seasons.

 

[Cross-X]

Really? I was specifically told I could not keep a loaded gun in a safe while I was gone. The magazine could be loaded and inserted, but the chamber must be empty.

Thanks! It was one of the workers at Four Seasons.

Carl is forever cautioning his staff, "Don't talk about gun laws, just sell guns!"

 

[ateamrob]

--------------------------------------------------------------------------------

If your nighttime storage method involves keeping a gun in an unlocked safe or an unlocked drawer in the nightstand, you are breaking the law and taking needless chances.

Taking needless chances!!!!!!??? You call protecting your family when there is a guy in your dining room with a gun not good enough reason for keeping something ready to rock an roll??? Uh... umm... well first off... who the hell is gonna know anyways??? Its your house.... Unless you cant keep your mouth shut and tell everyone about it...you got nothing to worry about.
my nighttime method involves keeping it loaded and ready to go at a place "very close" by that ONLY I know about and then the next morning it gets locked up again in the safe.... Every single day PERIOD!!! I dont give a crap what any law making idiot in MA says.... You only get once chance in life to protect yourself or your family in a case like this. I wont allow myself to be set behind the curb because of some dumb law that sets my family up for failure. SCREW THAT!!!

a court of law or dumb ass anti gun MA law making idiot is not going to protect my wife and 2 kids at 3am when some a**h*** breaks into my house with a weapon. I wont have time to locate my key and unlock the safe especially when he is in my living room. I may not even have time to get it the way it is now. But I am not going to set myself back anymore than I need to. Not in todays world of Home invasions on the rise. His gun will be ready to rock and roll.... mine will be as well. Its that simple and I dont care what anyone says about it. That is how I protect my family and I have a duty to do so and anything less than that in my house is unacceptable. I only have one family and I would rather be in jail with a family who is alive than out of jail with a family who is dead. Anyone disagree??? If so thats your decision and sleep tight at night with your locked up gun that you cant get at in time.... Look at that Doctor guy in CT who got his home invaded by those 2 a**h***s back in July and they killed his wife and daughters. Now he has no family. Sorry not my choice..... NO ONE will limit me to protecting my family. Not in todays world. NO WAY....

 

[Martlet]

Carl is forever cautioning his staff, "Don't talk about gun laws, just sell guns!"

Now I know why! He didn't start the conversation though, I did.

 

[Jay G]

There's a reason I keep a razor-sharp katana and a 5-D cell Maglight right near the bed...

 

[ateamrob]

There's a reason I keep a razor-sharp katana and a 5-D cell Maglight right near the bed

ha ha.... funny you said that... my Sensei does not have ANY firearms in his house but he has so many Martial Arts swords and weapons I would not want to break into his house. He keeps a Katana by his bed.. no seriously... he does....

 

[GLOCK.Perfection]

invoked a lot of discussion here.... im a youngin, and dont even have any handguns yet..... That said i agree with ateamrob that even if it is a quick access safe, it might not be quick enough. someone breaks in they could be in your room in seconds, enough time to grab your pistol, hopefully, but enough time to punch in a code, or grab a key and open a container? probably not.

 

[Producer]

http://www.youtube.com/watch?v=LsV50T5uEyw

I see nothing wrong with this. I may be sleeping, but its under my direct control. During the day its locked up.

 

[FPrice]

I may be sleeping, but its under my direct control.

How is it under your direct control if you are asleep?

 

[Jay G]

invoked a lot of discussion here.... im a youngin, and dont even have any handguns yet..... That said i agree with ateamrob that even if it is a quick access safe, it might not be quick enough. someone breaks in they could be in your room in seconds, enough time to grab your pistol, hopefully, but enough time to punch in a code, or grab a key and open a container? probably not.

Train, train, train.

Practice opening the safe and retrieving your firearm until you can do it perfectly.

Realistically, if you don't have three seconds to retrieve your gun from a safe, those three seconds aren't going to help you anyways. You'd be much better served by having an alarm system that will buy you an additional 10 seconds (i.e. alarm goes off when perimeter is breached).

 

[9000S]

There's a reason I keep a razor-sharp katana and a 5-D cell Maglight right near the bed...

As sweeet as lopping off hands or other body parts of a Goblin would be.... All I can think of is that scene in Raiders of the Lost Ark in the marketplace with the big guy with the Scimitar! While swords never run out of bullets.... ya gotta be close to use it.

 

[JAMMIN]

the Mini Gun Vault works well for me for this purpose. Fast access. By the bed.

Second safe down on the page: http://www.fsguns.com/safes.html

+1, I am a big advocate for this vault, I have the multi.

 

[Adam_MA]

What about under my pillow? How could you argue that under my pillow isn't under my control. I don't lose teeth any more, so I don't have to worry about the tooth fairy getting to it!

 

[Jay G]

As sweeet as lopping off hands or other body parts of a Goblin would be.... All I can think of is that scene in Raiders of the Lost Ark in the marketplace with the big guy with the Scimitar! While swords never run out of bullets.... ya gotta be close to use it.

If someone can get into my bedroom fast enough that I couldn't get the gun out of the safe under the bed, they're close enough for me to run through with the 3' blade...

 

[SiameseRat]

Taking needless chances!!!!!!??? You call protecting your family when there is a guy in your dining room with a gun not good enough reason for keeping something ready to rock an roll??? Uh... umm... well first off... who the hell is gonna know anyways??? Its your house.... Unless you cant keep your mouth shut and tell everyone about it...you got nothing to worry about.
my nighttime method involves keeping it loaded and ready to go at a place "very close" by that ONLY I know about and then the next morning it gets locked up again in the safe.... Every single day PERIOD!!! I dont give a crap what any law making idiot in MA says.... You only get once chance in life to protect yourself or your family in a case like this. I wont allow myself to be set behind the curb because of some dumb law that sets my family up for failure. SCREW THAT!!!

a court of law or dumb ass anti gun MA law making idiot is not going to protect my wife and 2 kids at 3am when some a**h*** breaks into my house with a weapon. I wont have time to locate my key and unlock the safe especially when he is in my living room. I may not even have time to get it the way it is now. But I am not going to set myself back anymore than I need to. Not in todays world of Home invasions on the rise. His gun will be ready to rock and roll.... mine will be as well. Its that simple and I dont care what anyone says about it. That is how I protect my family and I have a duty to do so and anything less than that in my house is unacceptable. I only have one family and I would rather be in jail with a family who is alive than out of jail with a family who is dead. Anyone disagree??? If so thats your decision and sleep tight at night with your locked up gun that you cant get at in time.... Look at that Doctor guy in CT who got his home invaded by those 2 a**h***s back in July and they killed his wife and daughters. Now he has no family. Sorry not my choice..... NO ONE will limit me to protecting my family. Not in todays world. NO WAY....

When you are awake, carry on your person. That is under your control. If you refuse to store your firearm as required by law and this situation occurs YOU will be prosecuted. It sucks, it's ridiculous, but this is MA. The firearms laws suck.

AT LEAST have a storage safe in your room, and have the good sense to open it before the police show up. That way you can show them that you were following the law. They don't know if you really had the firearm loose on your bedstand as long as you can show them an open safe. If you're in your boxers and t-shirt with your hair all screwed up you can't expect them to believe you had the firearm under your control. and NO it isn't under your control if you're sleeping. If you're behind the wheel of your car with your seat belt on, is it under your control if you're asleep? Nope. Neither is your firearm.

 

[Cross-X]

What about under my pillow? How could you argue that under my pillow isn't under my control. I don't lose teeth any more, so I don't have to worry about the tooth fairy getting to it!

Here's a number for you: (508) 879-5879.

That's my office phone number. Call me when you get charged with a secure storage violation.

A gun under your pillow is not under your control if you are asleep. If you think otherwise, it should be an interesting trial should you get caught.

 

[Len-2A Training]

"Under Direct Control" - a phrase that is subject to INTERPRETATION!

- As a chief who doesn't believe that the public should be armed, that sort of person's take would be that if you are sitting on a toilet with a IWB/OWB holster on your pants . . . you don't have "direct control".

- As a home-owner, with locked doors/windows, many believe that any gun in the same room they are in (at least while awake or within arm's reach while asleep) is within "direct control"!

- Correction required: MGLs do NOT give you a "right to self defense". They give you the "right" to USE SELF-DEFENSE as an "AFFIRMATIVE DEFENSE" to why you shouldn't be CONVICTED of murder! Read the law on this, it may appear to be a "subtle difference" but in comparison to places like TX law, it's anything but subtle.

- MGL does not care if your entire family is murdered, even if you sue the state, you are not going to win! Your only "right" here is to be a good little "sheep" and die at the hands of the perverted, disadvantaged perp who was about to turn his life around. As my chief once told me, MGL supersedes the US Constitution . . . effectively the way our laws are written and interpreted by liberal jurists, etc. he wasn't far from a "realistic truth".

Most LEOs/prosecutors are going to look for an excuse to prosecute you for wrong-doing. Most give too much info and seal their own fate. That's where a good defense attorney is worth his/her weight in gold BEFORE you give away incriminating information!