Confused about transporting firearms in MA?

[pupchow]

Here's a little gem mass.gov would like you to know about:

"The laws for transporting a firearm can be confusing. Basically, if you keep the firearm unloaded, and locked in a case in the trunk or rear storage compartment of a truck or SUV you will comply with the current law."

Gun ownership in Massachusetts

(that page seems to be the substitute for the former firearms FAQ that was up prior to the website overhaul)

 

[allen-1]

That page is full of gems...

A large-capacity firearm is defined as a semi-automatic handgun or rifle that is capable of accepting more than ten rounds, OR is a semi-automatic shotgun capable of accepting more than five shotgun shells, OR is an assault weapon.

My Glock 17 accepts a magazine. The magazines I put into it hold anywhere from 10 to 33 rounds, (assuming I load the mag to full capacity). The capacity of the magazine isn't determined by the FIREARM, it's determined by the magazine. There is no such thing as a "large-capacity firearm".

Idiots.

 

[swatgig]

There is no such thing as a "large-capacity firearm".

The legislature seems to disagree. See MGL c. 140 § 121

''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.

 

[allen-1]

The legislature seems to disagree. See MGL c. 140 § 121

"the law is an ass"...

But, you're absolutely right - that is the law as written in Massachusetts. To me as the average person, that says that my G17 that accepts my 33 round "detachable large capacity feeding device" is now classifiable as a "Large capacity weapon". Which is ludicrous. These are tortuously written laws.

I'm gathering that the intent of the law is the same as that in Connecticut. Which is that I'm not allowed to carry more than 10+1.

"large capacity handgun"... phhhhhbbtt.

 

[Chevy 2 65]

The legislature seems to disagree. See MGL c. 140 § 121

Does make it right. They are boneheads

 

[dcmdon]

"the law is an ass"...

But, you're absolutely right - that is the law as written in Massachusetts. To me as the average person, that says that my G17 that accepts my 33 round "detachable large capacity feeding device" is now classifiable as a "Large capacity weapon". Which is ludicrous. These are tortuously written laws.

I'm gathering that the intent of the law is the same as that in Connecticut. Which is that I'm not allowed to carry more than 10+1.

"large capacity handgun"... phhhhhbbtt.

The law doesn't require large capacity weapons to be cased. It requires large capacity "rifles and shotguns". There are some common misconceptions about this law. So common that many LEOs have it wrong. For this reason, what I'm about to say is NOT advice. Its just a description of what the ACTUAL law says. Everything assumes a LTC-A

1) Only LOADED firearms (handguns) must be in your direct control. Implied is that how transport of unloaded handguns is not restricted.
2) Large capacity rifles and shotguns must be in a locked container OR in your trunk. Implied in this is that all other firearms do not need to be in a locked container or your trunk. There has been some discussion of the ambiguity of "large capacity rifles and shotguns".

Does it mean
1) large capacity rifles and large capacity shotguns
or does it mean
2) large capacity rifles and ALL shotguns

Either way, its interesting to parse this part.

So what does this all mean?

It means that an unloaded handgun can be transported any way you want. Like in a gun bag in the seat behind you.
It means that non large capacity rifles and shotguns (subject to interpretation) can also be transported any way you want.

Most cops don't know this. So the practical application if this if you are risk averse is.
1) keep loaded handguns on your person.
2) put other firearms in the trunk or a locked container.

Also remember:
1) trigger or action locks DO NOT get you compliance with the transport of large capacity shotguns and rifles. Throw away your trigger locks. Buy a safe.
2) If you have a trunk, you do NOT have to use a locked container. I keep all my guns in soft cases. They just go in the trunk.


How I transport: I'm shooting handguns, I just put the gun bag filled with unloaded handguns in the back seat. But that's just me. this is not the safest option because of law enforcement ignorance on this. All rifles go in the trunk if they are semi-auto. I don't frankly know if my Ruger 10/22 is considered a LCF. I don't want to find out. Bolt guns ride in the trunk or back seat, whichever makes the most sense. If I'm going to the range, they go in the trunk , just because its easier. If I'm driving home from hunting, the bolt gun goes in the back seat, uncased, so it can dry off.

 

[dcmdon]

Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) ***deleted, contains restrictions on LTC-B holder***

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

Also, please not that the penalties for violations here are non-criminal. They are civil infractions. NO possible jail time. However, by statute, your LTC must be revoked for no less than one year. And after that, I would think it would be unlikely your chief would re-issue.

(e) A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the licensing authority who shall immediately revoke the card or license of the person so convicted. No new such card or license may be issued to any such person until one year after the date of revocation.

 

[nwin]

Argh, so I'm in Mass and have an SUV. I regularly drive to NH to shoot at a range there.

What I have been doing is putting all my unloaded guns, and unloaded magazines, in a range bag with my ammo in boxes, in the back seat of my SUV. Is this completely 100% wrong?

 

[dcmdon]

Can you put a lock on the zippers of your soft range bags?? I have these cheapie ones that I got on amazon for about $1 each. That satisfied the need for a locked case.
Here is a link to them: http://a.co/e0rUBTK

Generally speaking here's how it goes, assuming you have a LTC A.
1) loaded handguns must be in your direct control.
2) unloaded handguns have no restrictions, but many LEOs are ignorant of this so best to put them in a locked conatiner in the back of your SUV.
3) non-large capacity rifles and shotguns have no restrictions. But again many LEOs are ignorant of this, so best they are in a locked container.
4) large capacity rifles and shotguns must be in a locked container if you have an SUV.

My range bags have zippers with 2 pulls so that you can open either way. I simply insert a lock in each tab and lock it if necessary. Then I satisfy the need for a locked container.

Most of the time I don't actually bother because I have a car with a trunk. So no locks ever. Unless I'm taking my wife's wagon.
One other thing. Have you ever seen someone putting a trigger or action lock on their gun at the range?? Guess what, it gets them nothing when it comes to transport. Trigger locks are only mentioned as a means of compliance when it comes to storage.

All states differentiate between storage and transport.

I hope this hasn't confused you more. Ha.

 

[dcmdon]

I'm gathering that the intent of the law is the same as that in Connecticut. Which is that I'm not allowed to carry more than 10+1.
.

Not at all. (unlike CT) In MA, there is no prohibition against carrying a large capacity mag in your gun as long as the magazine is a pre-ban mag per MA law. (can someone help me with the exact date??) So if you have a Glock, you can buy a few pre-ban mags, and use them for carry.

In CT if you have a pre-2013 ban mag, you can only legally load it to capacity at the range and in your home.
However, there is a very large loop hole in the CT law. Your first offense carrying a lawfully declared large capacity mag in your gun in CT is a civil infraction. Like a parking ticket. The second offense is a felony.

Unfortunately I'm a resident of both states so I have to stay up on the laws in each.

 

[nwin]

Can you put a lock on the zippers of your soft range bags?? I have these cheapie ones that I got on amazon for about $1 each. That satisfied the need for a locked case.
Here is a link to them: http://a.co/e0rUBTK

Generally speaking here's how it goes, assuming you have a LTC A.
1) loaded handguns must be in your direct control.
2) unloaded handguns have no restrictions, but many LEOs are ignorant of this so best to put them in a locked conatiner in the back of your SUV.
3) non-large capacity rifles and shotguns have no restrictions. But again many LEOs are ignorant of this, so best they are in a locked container.
4) large capacity rifles and shotguns must be in a locked container if you have an SUV.

My range bags have zippers with 2 pulls so that you can open either way. I simply insert a lock in each tab and lock it if necessary. Then I satisfy the need for a locked container.

Most of the time I don't actually bother because I have a car with a trunk. So no locks ever. Unless I'm taking my wife's wagon.
One other thing. Have you ever seen someone putting a trigger or action lock on their gun at the range?? Guess what, it gets them nothing when it comes to transport. Trigger locks are only mentioned as a means of compliance when it comes to storage.

All states differentiate between storage and transport.

I hope this hasn't confused you more. Ha.

That makes sense...I’ll be picking up some of those locks!

 

[dcmdon]

One added benefit is that if you have a leatherman in an outside pocket of your range bag, you can cut through the lock shackle with the pliers if you forget your keys.

 

[richardmaggio]

Here's a little gem mass.gov would like you to know about:

"The laws for transporting a firearm can be confusing. Basically, if you keep the firearm unloaded, and locked in a case in the trunk or rear storage compartment of a truck or SUV you will comply with the current law."

Gun ownership in Massachusetts

(that page seems to be the substitute for the former firearms FAQ that was up prior to the website overhaul)

Am I legal if I store the ammo in the same locked case?
Am I legal if I store a loaded magazine in a pistol, but no round in the chamber?
Both questions assume I am not in the vehicle, parked and locked with the firearm in a locked container.

 

[one-eyed Jack]

I just toss my subguns in the back seat because they are neither high capacity rifles nor high capacity shotguns. I also keep a copy of the laws in the vehicle. Jack.

 

[MAJoe]

Am I legal if I store the ammo in the same locked case?
Am I legal if I store a loaded magazine in a pistol, but no round in the chamber?
Both questions assume I am not in the vehicle, parked and locked with the firearm in a locked container.

The vehicle is parked and you're not in it, then you need to look at storage laws, not transport.

Treat as if you're locking them up at home. Just be mindful if that differs from how you need to transport, you'll need to fix that before you drive off.

 

[Rob Boudrie]

One added benefit is that if you have a leatherman in an outside pocket of your range bag, you can cut through the lock shackle with the pliers if you forget your keys.

That is almost as clever as using a cheap combination lock.

 

[Rob Boudrie]

There is no such thing as a "large-capacity firearm".

Legal definitions and plain English definitions are often at odds with each other.

A rifle or shotgun is not a firearm under MGL. A handgun is. And, a Firearm Identification Card does not permit possession of a firearm.

 

[ADC]

Not at all. (unlike CT) In MA, there is no prohibition against carrying a large capacity mag in your gun as long as the magazine is a pre-ban mag per MA law. (can someone help me with the exact date??) So if you have a Glock, you can buy a few pre-ban mags, and use them for carry.

In CT if you have a pre-2013 ban mag, you can only legally load it to capacity at the range and in your home.
However, there is a very large loop hole in the CT law. Your first offense carrying a lawfully declared large capacity mag in your gun in CT is a civil infraction. Like a parking ticket. The second offense is a felony.

Unfortunately I'm a resident of both states so I have to stay up on the laws in each.

\\

I believe it is Sept 13, 1994

The AWB went the decade from Sept 13, 1994 to Sept 13, 2004