List of little-known gun law violations that will DQ a Mass. resident from an LTC

[wahsben]

I believe this is Devals legislation so he very well knows what law he is trying to pass. Yes, others before have made it difficult for gun owners in Ma. and deval is continuing the harrasment and discrimination against gun owners.
I believe through GOAL and others our legislators have been educated at least those that want to be. The rest which unfortunatly is the majority of politicians in this state just continue with their agenda no matter what rights they violate.

I'm no stellar defender of Cadillac Deval, but like most politicians, I'm willing to bet that he knows very little about the laws he wants to pass, he's basing things on looking good an emotionally appealing to constituents.

Consider for a second how little of the Mass. gun laws are understood by the police and gun owners who use them and live by them every day. Imagine how much less understanding there is for someone who doesn't own guns, doesn't need guns (24/7 bodyguards will do that for you), isn't involved in our culture, etc.

I agree that there has been a calculated effort in MA to discourage gun ownership, harass legitimate gun dealers and other similar things, but that all pre-dates the current governor. The legislature gave the AG, CHSB, MSP and local police chiefs all this power and authority, and they use it however they see fit. We need to educate our elected officials on these ridiculous issues and push to change this legislation. H2259 is a great start, but even some of the wording in that bill has me concerned.

/rant

 

[GSG]

Update, I found some more misdemeanor hunting violations that will trigger this type of LTC DQ. Unfortunately they apply to people who do not even have a hunting license or a desire to hunt.

Hunting on private posted land

MGL 131-36 says:

Chapter 131: Section 36. Fishing, hunting, or trapping on private, posted land


Section 36. A person shall not fish, hunt or trap on private land without permission of the owner or tenant thereof, after such owner or tenant has conspicuously posted thereon notices which bear the name of such owner or tenant and which state that fishing, hunting or trapping on such land, as the case may be, is prohibited.

The penalty is found in MGL 130-90, which says:

Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

Shooting on, across, or within 150 feet of a highway

MGL 131-58 says:

Chapter 131: Section 58. Shooting upon or across highway; hunting near dwelling


Section 58. A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means on the land of another within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof.

The penalty is found in MGL 131-90, which says:

Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

Interestingly, there is no exemption for shooting at a firing range or on your own private property. Break out a measuring tape if you're ever going to shoot anywhere near a highway.

Hunting in reservations, parks or commons

MGL 131-59 says in part:

A person shall not hunt, or in any manner molest or destroy, any bird or mammal within the boundaries of any reservation, park or common, or any land owned or leased by the commonwealth or any political subdivision thereof, or any land held in trust for public use; except that the authorities or persons having the control and charge of such reservations, parks, commons or other lands, may, with such limitations as they deem advisable, permit the hunting, within said boundaries during the applicable open season of any birds or mammals.

The penatly is found in MGL 131-90, which says:

Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

Vague enough for ya?

Hunting or target shooting while under the influence of drugs or alcohol

MGL 131-62 says:

Chapter 131: Section 62. Weapons; intoxicating liquor or drugs


Section 62. A person, while under the influence of intoxicating liquor or of drugs shall not hunt or carry a firearm, bow and arrow or other weapon while engaged in hunting or target shooting.

The penalty is found in MGL 131-90, which says:

Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

Notice that "under the influence" and "drugs" are not defined; I can't find any case law on this, so presumably having a glass of wine with lunch before heading to the range or being under the influence of legal prescription drugs is a violation of this.

It also includes the very vague term "or any other weapon," which could basically be anything.

(continued in next post)

 

[GSG]

Not wearing 500 square inches of orange while hunting

MGL 131-71 says:

Chapter 131: Section 71. Orange clothing while hunting


Section 71. A person shall not, during the open season when deer may be hunted lawfully with a shotgun, hunt or enter the woodlands of the commonwealth for the purpose of hunting unless he wears in a conspicuous manner or his chest, back and head a minimum of five hundred square inches of clothing or material of a hunter orange color which meets such requirements as the director may by rules and regulations establish. This section shall not apply to any person engaged in waterfowl hunting from within a blind or from a boat.

The penalty is found in MGL 131-90, which says:

Chapter 131: Section 90. Penalties


Section 90. Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

If you're a small sized person or if you go out hunting with your kids, you may want to take some measurements to make sure that you have enough cloth of the right color on your clothing.

Failure to allow inspection of hunting equipment/ammo

MGL 131-88 says:

Chapter 131: Section 88. Display of fish, game, and equipment for inspection


Section 88. The director, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, wardens and members of the state police in areas over which they have jurisdiction may request any person whom he reasonably believes to be engaged in hunting, fishing, or trapping, or to be unlawfully in possession of fish, birds or mammals, or to be in possession of fish, birds or mammals unlawfully taken, or in possession of unlawful equipment or ammunition, to forthwith display for inspection all fish, birds, mammals, equipment or ammunition then in his possession, and may arrest without a warrant a person refusing or failing to comply with such request.

The penalty is found in MGL 131-90, which says in part:

Unless the context otherwise requires, a violation of any provision of this chapter, or of any rule or regulation made under authority thereof, for which no other penalty is provided, shall be punished by a fine of not less than twenty nor more than fifty dollars, or by imprisonment for not more than thirty days, or both. Any net, snare, trap, jacklight or other similar device used by any person in violation of any provision of said chapter, or of any such rule or regulation, and any bird or mammal taken in violation of said chapter, or of any such rule or regulation, shall, upon a finding of guilty, be forfeited to the commonwealth and shall be disposed of by the director of law enforcement for the best interest of the commonwealth.

I checked, no other penalty is specified in MGL 131-90, hence this penalty. The 30 days in jail is petty, but still, a conviction for this will trigger the LTC lifetime DQ.

There's also a tidbit in here that would appear to apply to anyone whether or not they were hunting. Read this law carefully; if any state police in their jurisdiction reasonably believe that you're in possession of unlawful equipment or ammunition, they can demand to inspect it and arrest you if you refuse.

Many gun owners know that the last paragraph of MGL 140-129C requires an LTC or FID holder to display their license on demand to the police when they're not on private property. That law does not require that you turn over your guns and ammo for inspection, just the license, so many people may not be aware of this.

Like all of the rest, a conviction for a violation of this will result in losing your Mass. LTC for life, and no, I can't find a single piece of case law on it.

 

[GSG]

I found some more violations which I’m posting here that are either felonies or misdemeanors that the feds consider felonies based on their potential maximum penalty (I explained this complex legal issue in my thread Stuck with an FID? You might be a federally prohibited person. While some of these are well known, others are not, so I'd like to get this info out there.

Improper possession or transfer of large capacity magazines

This seems simple on the surface for most people who have an LTC-A, but there are some complex legal issues surrounding large capacity mags in Mass. involving people licensed with an LTC-B or FID card only, and people not licensed at all. I'm laying out all of the applicable laws on the subject below.

MGL 140-131(a) says in part:

(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper. A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

MGL 140-131(b) says:

(b) A Class B license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) non-large capacity firearms and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of such firearm as the licensing authority deems proper; provided, however, that a Class B license shall not entitle the holder thereof to carry or possess a loaded firearm in a concealed manner in any public way or place; and provided further, that a Class B license shall not entitle the holder thereof to possess a large capacity firearm, except under a Class A club license issued under this section or under the direct supervision of a holder of a valid Class A license at an incorporated shooting club or licensed shooting range; and (ii) rifles and shotguns, including large capacity rifles and shotguns, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as he deems proper. A violation of a restriction provided under this paragraph, or a restriction imposed by the licensing authority under the provisions of this paragraph, shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

A Class B license shall not be a valid license for the purpose of complying with any provision under this chapter governing the purchase, sale, lease, rental or transfer of any weapon or ammunition feeding device if such weapon is a large capacity firearm or if such ammunition feeding device is a large capacity feeding device for use with a large capacity firearm, both as defined in section 121.

The "section 121" referred to is MGL 140-121, which defines the term "firearm" as:

“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

It's important to note that in these sections of law, when they use the word "firearm," they're describing what most gun owners would refer to as a pistol or handgun.

A Class A LTC allows one to purchase and possess large capacity rifles and shotguns, large capacity firearms (remember, that actually means "handguns'), and large capacity magazines for both of those. A Class B LTC allows one to purchase and possess large capacity rifles and shotguns, large capacity magazines for rifles and shotguns, but a Class B LTC does not allow one to possess large capacity firearms (handguns) or large capacity magazines for them.

The penalty for improper possession of large capacity magazines or weapons is a felony, and it is found in MGL 269-10(m), which says:

(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.

The penalty for improperly transferring a largace capacity magazine or weapon is also a felony, and it is found in MGL 269-10F, which says:

Chapter 269: Section 10F. Illegal sale, gifts or transfer of large capacity weapons or large capacity feeding devices; punishment


Section 10F. (a) Any person who sells, keeps for sale, or offers or exposes for sale, gives or otherwise transfers any large capacity weapon or large capacity feeding device, both as defined in section 121 of chapter 140, to a person 18 years of age or over, except as permitted 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. Any person who commits a second or subsequent such crime shall be punished by imprisonment in a state prison for not less than five years nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than two and one-half years for a first offense, nor less than five years for a second or subsequent such offense, 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 subsection.

There are a few ways that licensed Mass. gun owners or their unlicensed family members could unknowingly violate these laws.

The most obvious way for a gun owner to get in trouble for this is if they leave a large capacity weapon or magazine with someone who isn't properly licensed. This could be something as simple as forgetting to take your range bag with empty large capacity magazines out of the trunk before letting your spouse or teenaged child take the car out for a spin, or leaving spare large capacity mags in the glove compartment while running into the gas station with your unlicensed spouse sitting in the car. This reason and others is why all of your family members who are of age to be licensed should be licensed (at age 15 kids can get an FID with parents permission, at 21 they can get an LTC). If you're injured in an accident, if you make an innocent mistake and forget to secure shooting gear, you don't want your family members to face felony charges under MGL 269-10(m) for possessing large capacity mags, and you don't want to be charged under MGL 269-10F for providing them with it.

Another much less obvious scenario involves one of the most common events to take place among licensed gun owners in Mass., the sale of firearms or magazines. Most gun owners know that it's not legal to sell a handgun to an FID holder, but there are some very tricky scenarios that have come up in the past here on NES where people would have broken the law if they hadn’t come on here and asked first.

The Ruger 10/22 is a very common rifle that is legal for an FID holder to purchase or possess. However, it is only legal for an FID holder to purchase or possess magazines that hold 10 rounds or less. So if an LTC holder is selling or lending a 10/22 to an FID holder, they need to make sure that they don’t sell or lend them any large capacity magazines, even if they’re pre-ban like Ramline or Eagle. Both could get in trouble. The FID holder also can’t purchase or possess large capacity rifles such as AR-15’s, AK’s, and various others. In other words, everyone involved in the transaction needs to do some research to make sure that it’s legal for them to buy or sell whatever gun is involved.

There is another large capacity magazine issue that only applies to LTC-B holders. For instance, an LTC-B holder could lawfully purchase a Beretta CX4 Storm carbine. But, that gun is designed to operate with handgun magazines, so the LTC-B holder could only legally purchase and possess magazines for it that hold 10 rounds or less. The same goes for LTC-B holder who want to buy an AR-15 that’s modified to take pistol magazines, or other pistol caliber carbines like the KelTec Sub-2000.

Another legal gray area involves AR or AK pistols in Mass. Because Mass. adopted the 94 AWB there’s not many (if any) legal AR or AK pistols in Massachusetts, but the issue is that some might consider the rifle magazines that fit in those pistols to be pistol magazines. If legally they are considered pistol magazines because of this, they would require an LTC-A to purchase or possess; the implication is that an LTC-B holder would be able to have an AR-15 rifle, just not mags for it that hold more than 10 rounds. This will remain a gray area until Mass. law is modified by the legislature or interpreted by the SJC to define how it should be determined what is a rifle mag and what is a pistol mag.

(continued in next post)

 

[GSG]

Carrying a loaded firearm while under the influence of drugs or alcohol

MGL 269-10H says:

Chapter 269: Section 10H. Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment


Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

In MGL 90-24, the term "under the influence" as it applies to drunk driving is defined and measured by a specific Blood Alcohol Content. This is not the case with this law, and there is no binding case law on the subject. Unless you want to be the test case, don't carry while doing any drinking.

In a strange twist, this law only applies to LTC holders with firearms on their person or under their control in a motor vehicle, but not to gang bangers or criminals carrying illegally. It also only applies to handguns (remember the confusion about the definition of the term "firearm"). Although that definition only applies to certain section of MGL 140, the authors of the text of this law also included that here. Because of this, on the surface it appears that this wouldn't apply to having a shotgun on your lap while intoxicated at home and other technically legal situations, but that seems very risky considering that there's no binding case law on the subject and keeping in mind the issue with the SJC's constrictive interpretation of the gun laws which I pointed out in post #26 of this thread.

With all of that said, in post #33 of this thread I explained a similar prohibition on hunting or target shooting while under the influence (MGL 131-62) which applies to anyone, whether or not they're licensed, and includes any type of firearm or weapon. Like this one, that law also doesn't lay out a specific BAC required to be considered "under the influence."

Possession of post-ban assault weapons or post-ban high cap mags

MGL 140-131M says:

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.

This means anything made illegal by the 1994 Federal Assault Weapons Ban. If you own or possess high cap mags, find out how to identify when they were made. Modifying a Ruger 10/22 made after 1994 can put you in violation of this, so learn how this area of law applies to you and your guns.

This section of law also applies to non-residents bringing guns into Mass., and violation is a lose-your-gun-rights-for-life felony.

Possession, sale or transfer of covert weapons

MGL 140-131N says:

Chapter 140: Section 131N. Covert weapons; sale, transfer or possession; punishment


Section 131N. No person shall sell, offer for sale, transfer or possess any weapon, capable of discharging a bullet or shot, that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk-through metal detectors. Whoever 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.

I can't find any binding case law on this either. In short, it needs to look like a gun. Cane guns, belt buckle guns or other similar items are very illegal, even if you're licensed to own guns in MA.

This includes the mythical Glock 7 featured in Die Hard 2.






Below are some more random misdemeanors.

Loan of money secured by firearms

MGL 140-131B says:

Chapter 140: Section 131B. Penalty for loan of money secured by weapons


Section 131B. Whoever loans money secured by mortgage, deposit or pledge of a firearm, rifle, shotgun or machine gun shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or by both; provided, however that nothing herein shall prohibit a bank or other institutional lender from loaning money secured by a mortgage, deposit, or pledge of a firearm, rifle, shotgun or machine gun to a manufacturer, wholesaler, or dealer of firearms, rifles, or shotguns. The provisions of section one hundred and twenty-three shall not be applicable to any such mortgage, deposit or pledge unless or until the lender takes possession of the collateral upon default or the collateral is removed from the premises of the debtor.

I can't find any case law on this, and I don't understand money lending well enough to venture a guess as to what all this means. However, I do know that it's illegal .

If anyone wants to chime in with their thoughts on this on in particular feel free.

False/Incorrect info on firearms forms

MGL 140-129 says:

Chapter 140: Section 129. Fictitious name or address and other false information; penalties


Section 129. Whoever in purchasing, renting or hiring a firearm, rifle, shotgun or machine gun, or in making application for any form of license or permit issued in connection therewith, or in requesting that work be done by a gunsmith, gives a false or fictitious name or address or knowingly offers or gives false information concerning the date or place of birth, his citizenship status, occupation, or criminal record, shall for the first offense be punished by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment for not more than one year, or both; and for a second or subsequent offense, shall be punished by imprisonment for not less than two and one half years nor more than five years in the state prison.

Any incorrect info on the forms listed here is a crime, including your occupation. Check your spelling when filling out any gun forms in MA, especially if you're buying a gun from an FFL where the FA-10 is being printed off of the computer and not done out by hand, as the licensing officer could have made a mistake when entering the data. When you sign the FA-10, everything on it must be correct.

 

[GSG]

Saving this space for later.

 

[GSG]

I edited posts #33 and #34 of this thread to include several more possible violations of the hunting laws. Remember that many of these hunting laws apply to you even when you're not hunting or even near hunting grounds.

I also updated the "firearms while under the influence" section of post #36 with some interesting info regarding long guns vs. handguns.

 

[GSG]

GSG, your legal ability is impressive!

Thanks! I try.

 

[Spanz]

Possessing certain rifles or pistols "where mammals may be found" at night

MGL 131-67


Chapter 131: Section 67. Rifles, revolvers and pistols; caliber


"Section 67. A person shall not use or possess, where birds or mammals may be found, any rifle chambered to take larger than twenty-two long rifle ammunition, or any revolver or pistol chambered to take larger than thirty-eight caliber ammunition between the hours of one half hour after sunset to one half hour before sunrise of any day throughout the year. "

Wow, I did not know that one! So if you are out camping overnight, you had better not have anything bigger than a .38!

Makes it a little hard to go hunting and camping together! I am assuming your hunting piece, unloaded and locked in a car, would be ok? I wonder if they for sure would consider a .357 magnum smaller than a .38?

 

[GSG]

Wow, I did not know that one! So if you are out camping overnight, you had better not have anything bigger than a .38!

Makes it a little hard to go hunting and camping together! I am assuming your hunting piece, unloaded and locked in a car, would be ok? I wonder if they for sure would consider a .357 magnum smaller than a .38?

The biggest issue is that they don't define what "larger" than .38 means. A .45 ACP round is larger in diameter than a .38, but not as long from primer to bullet tip as a .38 is...the only answer to that one is that your guess is as good as mine, especially when you consider the strange calibers like .357 SIG or 5.7x28. There's no case law on the subject that I've been able to find, so like so many other areas of Mass. law, the question is, do you want to be the test case?

 

[Spanz]

Sounds pretty...nebulous! Great!

 

[logan1171]

or move south

 

[logan1171]

Short version: if you own, or want to own, firearms or anything that can even conceivably be used as a weapon, and you live in Mass., you're fooked.

Your best chance is to move north.

or move south. unfortunately im stuck here until i can retire and get out of this sorry state as well

 

[billmelater]

Quote
"Carrying a loaded rifle or shotgun on a public way

MGl 269-12D says:

Section 12D. (a) Except as exempted or provided by law, no person shall carry on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof. For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof, such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, containing powder in the flash pan, a percussion cap and shot or ball; but the term “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridge, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle."

There are exemptions to this, but pay attention to two important things here: One, in this section of law, the term "loaded" includes having ammunition in the magazine (unlike MGL 269-10(n)-(o) where it's only considered "loaded" if the magazine is attached to the gun). Two, it's a felony to violate this law with a "large capacity" rifle or shotgun. Click the link to read the entire law." Unquote

So this means you can't legally bring an empty AR-15 and a can full of loaded magazines to the range with you? You have to bring empty mags and waste range time loading them? I didn't realise there were two different definitions of "loaded."

 

[Kevlar]

...So this means you can't legally bring an empty AR-15 and a can full of loaded magazines to the range with you?...

Sure you can, provided you're not walking to the range...

...no person shall carry on his person on any public way a loaded rifle or shotgun...

 

[Tim L]

It's time folks. We sponsor a Liza Minnelli show in Rhode Island, when all the libs have passed the border we swoop in and seal it off staging a coup and declarng the land mass South New Hampshire.

 

[billmelater]

Thanks, my eyes just skipped right over that.

 

[DavidC77]

Very interseting work you have done here, thank you.

Just posting to refreash this link also.


I find this interesting:

Target shooting with tracer/incendiary ammo on your own land

MGL 131-64 says:


Chapter 131: Section 64. Automatic firearms, machine guns or bows; use of tracer ammunition


Section 64. A person shall not use for hunting purposes any type of full automatic firearm, machine gun or submachine gun, or any crossbow, except as provided in section 69, nor use any tracer or incendiary ammunition for hunting or outdoor target shooting purposes except on a skeet, trap, or target range.
This means you can't target shoot on your own property with tracer ammo outdoors. The penalty is found in MGL 131-90, which says:

I wonder what MASS will concider the newer "alumi nocks" used on arrows. They light up when you release them from your bow, will MASS concider them TRACERS ?????????????


I feel like this in MASS sometimes over all this stupid stuff -


.
OH wait, just saying that might get me in trouble

 

[GSG]

An arrow isn't ammunition in Mass., so no, unless that product has some kind of ammo component in it, but I'm not a bow guy.

 

[Mach]

Chapter 131: Section 58. Shooting upon or across highway; hunting near dwelling


Section 58. A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means on the land of another within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof.

This clearly is talking about hunting near a dwelling as stated. I can't see how it would apply to a range.

 

[Mach]

Section 67. A person shall not use or possess, where birds or mammals may be found, any rifle chambered to take larger than twenty-two long rifle ammunition, or any revolver or pistol chambered to take larger than thirty-eight caliber ammunition between the hours of one half hour after sunset to one half hour before sunrise of any day throughout the year.

section 67 is under section 131 which is a hunting regulation.

I don't see how this applies if you aren't hunting. And if you want to play this to what it actually says, then humans are mammals and you had better not walk the streets of Boston or even be in your own home with the mammals that are your family after dark.

I don't see how any of these hunting laws applies to someone with a CCW and a LTC-A. But hey, I'm not a lawyer.

 

[DavidC77]

I would say those only apply if you are hunting and if you are hunting at night. Is is stupid to say you can't have anything larger than a 38, yes, but when did MASS make any since.

I would say if you hunting at night don't have anything larger then a 38 on you in the woods, now if your hunting on the back streets of Boston that's another story .

I to am no lawyer, but that's how I read it, am I right, I don't know, but that's what it reads like to me.

 

[DaveB]

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." -Ayn Rand

The commiewealth excels at this!

 

[DavidC77]

That is so true with MASS !!!

 

[GSG]

I don't see how any of these hunting laws applies to someone with a CCW and a LTC-A. But hey, I'm not a lawyer.

I'm not a lawyer either, but I wouldn't have put them in the thread if they didn't...

 

[Rob Boudrie]

And if you want to play this to what it actually says, then humans are mammals and you had better not walk the streets of Boston or even be in your own home with the mammals that are your family after dark.

I believe the preamble to this law contains a set of definitions and "mammal" is defined somewhat more narrowly than what you were taught in elementary school biology.

 

[Mach]

I believe the preamble to this law contains a set of definitions and "mammal" is defined somewhat more narrowly than what you were taught in elementary school biology.

so as an attorney, it is your opinion, that hunting laws apply to people that are not hunting, don't have a hunting license and even when the time frame is outside any hunting season?

 

[Mach]

I believe the preamble to this law contains a set of definitions and "mammal" is defined somewhat more narrowly than what you were taught in elementary school biology.

“Mammals”, wild or undomesticated mammals.

not sure that helps your argument

 

[Mach]

I'm not a lawyer either, but I wouldn't have put them in the thread if they didn't...

I am of the opinion that hunting laws apply to people hunting. Carrying a handgun in MA is illegal unless you have a LTC-A or are hunting with a hunting license. At night above a certain caliber, hunting with a handgun at night is illegal and therefore possession of such is also illegal if you are relying on hunting to be the legal justification for carrying the handgun. I think it is that simple.

My back yard is full of wild squirrels. I am to believe I can not carry a .40 handgun legally on my person in my back yard at night? There seems to be no exemption for private land owners.

 

[GSG]

I am of the opinion that hunting laws apply to people hunting.

MGL 131-67 doesn't mention hunting, because per MGL 131-1, it isn't hunting:

The verb “to hunt”, in all of its moods and tenses, includes pursuing, shooting, killing and capturing mammals and birds and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any device commonly used to take mammals and birds, whether or not such acts result in taking; and includes every attempt to take and every act of assistance to any other person in taking or attempting to take mammals and birds.

It's not a hunting law, it's a natural resources law.