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MA Gun Laws
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namedpipes
NES Member
It would be distressing to find such a law, since I ride as a passenger in a commercial vehicle most every day. Trains and shuttle buses.
Well, true for MA transit systems, Amtrak falls under some Fed laws which prohibit carrying firearms on their trains. Recently the law was modified so that under some narrow circumstances (start and destination have to have baggage handling services) you can transport (unloaded, locked case, etc) on some Amtrak trains.
I have a DUI liquor conviction from 1995 and was denied my LTC In Saugus because of it. This is my only conviction and I'm considering appealing the decision. Officer stated post 1994 drug or alcohol related convictions is a dis-qualifier. Should I try appealing?
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Appeal is the wrong approach. I would reach out to Welcome - MA & RI Civil Firearms Law, Gun Attorney, Family Law and talk to him about your options. It's not game over for you but its close.
No, not automatically.
It's dependent upon the law in the State in which the DUI conviction occurs.
To be a Federal Prohibitor, a State level offense must be either:
1. A Felony with a maximum potential penalty in excess of 1 year incarceration; or
2. A Misdemeanor with a maximum potential penalty in excess of 2 years incarceration.
Pursuant to MA law (MGL 90-24), a DUI conviction after 5/26/94 is a Misdemeanor with a maximum potential penalty of 2.5 years incarceration.
Pre-ban is exempt (grandfathered). Post-ban has to comply with the AW restrictions.
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Paul Heroux the state rep from Attleboro has a different approach that he hoped would off set the purposed Tsunami of gun laws. He wanted to have the gun laws changed to have PD's spend time and effort on illegal guns, not harrasing leagl owners. His bill is https://malegislature.gov/Bills/188/House/H3501 and his email is [email protected]. I have spoke to him and his background in corrections more or less convinced me he is more on our side than not and he realises that the laws are not working. He wants to have the laws and incentives from the Kansas City experiment implemented here. No I do not work for him, he did call when my email hit his screen when I told him the mega laws will have me move, end of story. In fairness he sent an email to several gun owners in Attleboro asking for support of the bill he is purposing, I hope it works, anything is an improvement.
Sorry if this has already been asked:
I'm new to the whole owning firearms thinga nd I live in MA. I was wondering for low capacity rifles and shotguns do I need to have them in a hard sided case while transporting them in the back of my car or can I use a soft sided case? your help is much appreciated
I'm new to the whole owning firearms thinga nd I live in MA. I was wondering for low capacity rifles and shotguns do I need to have them in a hard sided case while transporting them in the back of my car or can I use a soft sided case? your help is much appreciated
MisterHappy
NES Member
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You are not legally required to have them cased. The only requirement is that it/they be unloaded. That said, Massprudence dictates that it be "out of sight, out of mind." Many here will case, and lock the guns, just to be "safe." Then, toss a blanket over it. Then, a couple of soccer mom chairs, and a some golf clubs, or badminton racquets.
This should have been covered in your LTC class.
What if, after living and applying for a Class A LTC in a green town, I am forced to move to a red town before the license is actually issued?
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No hard and fast answer. Some towns will continue the process and issue, others will deny you as you're no longer eligible since you don't live there any more.
yanici
NES Member
GlockJock
NES Member
Wife and I both have LTC-A no restrictions....daughter is 18, has FID - and is better at the range with my ("her") G26 than I am with it, or my G22, or anything else for that matter, sucks to get old ![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
Obviously "by law" we "must" lock our handguns when we're not home (y'know, so that the bad guys can get a good jump on us with the robbery, assault or rape while we politely ask them to "Wait, one second please" while we fumble to unlock our self-defense weapon)....My question is my daughter. If we were to keep a rifle, loaded and unlocked, "under the bed" etc when she (or any of us) is home, and daughter god-forbid is attacked in our home, may she use the rifle? What if she can't access the rifle, but "knows where the key is" (wink) to the safe with the Glocks. Imminent, life threatening danger, can she use deadly force with the rifle? or the Glock?...I know the law states you can't carry a rifle on a public way, but in the home, in protection of life, is the open access to the rifle OK?
Either way, we're all going to jail for at least a short term visit, of course, since this is MA and guns are bad, and Lord knows (and Martha knows) they might even arrest our cat for some infraction while they're at it but....just wondering the whole legal mess we'd encounter. Y'know, "if" my daughter had access to....
Obviously "by law" we "must" lock our handguns when we're not home (y'know, so that the bad guys can get a good jump on us with the robbery, assault or rape while we politely ask them to "Wait, one second please" while we fumble to unlock our self-defense weapon)....My question is my daughter. If we were to keep a rifle, loaded and unlocked, "under the bed" etc when she (or any of us) is home, and daughter god-forbid is attacked in our home, may she use the rifle? What if she can't access the rifle, but "knows where the key is" (wink) to the safe with the Glocks. Imminent, life threatening danger, can she use deadly force with the rifle? or the Glock?...I know the law states you can't carry a rifle on a public way, but in the home, in protection of life, is the open access to the rifle OK?
Either way, we're all going to jail for at least a short term visit, of course, since this is MA and guns are bad, and Lord knows (and Martha knows) they might even arrest our cat for some infraction while they're at it but....just wondering the whole legal mess we'd encounter. Y'know, "if" my daughter had access to....
My thinking is this: it's not legal to leave a loaded weapon around if it's not under your direct control on MA. I would sure rather spend the money on a good lawyer to defend my kid in court after a shooting than on a funeral for her. You have to make the decisions.Wife and I both have LTC-A no restrictions....daughter is 18, has FID - and is better at the range with my ("her") G26 than I am with it, or my G22, or anything else for that matter, sucks to get old
Obviously "by law" we "must" lock our handguns when we're not home (y'know, so that the bad guys can get a good jump on us with the robbery, assault or rape while we politely ask them to "Wait, one second please" while we fumble to unlock our self-defense weapon)....My question is my daughter. If we were to keep a rifle, loaded and unlocked, "under the bed" etc when she (or any of us) is home, and daughter god-forbid is attacked in our home, may she use the rifle? What if she can't access the rifle, but "knows where the key is" (wink) to the safe with the Glocks. Imminent, life threatening danger, can she use deadly force with the rifle? or the Glock?...I know the law states you can't carry a rifle on a public way, but in the home, in protection of life, is the open access to the rifle OK?
Either way, we're all going to jail for at least a short term visit, of course, since this is MA and guns are bad, and Lord knows (and Martha knows) they might even arrest our cat for some infraction while they're at it but....just wondering the whole legal mess we'd encounter. Y'know, "if" my daughter had access to....
First, leaving any unlocked gun in the house is illegal unless it is within arm's reach of a licensed person. Some may disagree but most LE will see it this way (under control has never been really defined). If she leaves the room to go to the kitchen/bathroom/car/etc. and the gun is unlocked you all could get jacked up badly.
When I teach a class and a student is in the class with their children, I make a point of saying that those with an FID can ONLY have access to low capacity long guns. So if they know where the key to the safe is, the handguns should have action locks on them with a different key that they don't have access to or in a different safe that they don't have access to. In any case if you use a combo lock instead of a keyed lock, expect to face charges and try to explain in court that the FID person does NOT have the combination. Much easier to prove that they don't have the physical key than prove what is in their brain.
MA SUCKS!
When I teach a class and a student is in the class with their children, I make a point of saying that those with an FID can ONLY have access to low capacity long guns. So if they know where the key to the safe is, the handguns should have action locks on them with a different key that they don't have access to or in a different safe that they don't have access to. In any case if you use a combo lock instead of a keyed lock, expect to face charges and try to explain in court that the FID person does NOT have the combination. Much easier to prove that they don't have the physical key than prove what is in their brain.
MA SUCKS!
Chevy 2 65
NES Member
just asking.....Is a locked closet good enough? one that requires a key to open the door?
It should be but TTBOMK the only court cases so far used cheesy locks and the judge didn't buy it.
GlockJock
NES Member
I'm reading all this, and saying to myself "you're effin' kidding me, right?"... So, the cliff notes basically are "even mention defending your one and only life with deadly force in Massachusetts and you can expect to literally go through hell for the rest of your one and only life..."?
"JF(FFF)C"
Yes. Did you really expect anything different out of this state?
I wish I was kidding, but I'm not.
GlockJock
NES Member
And therefore, to answer my own question I guess, basically in MA you just have to hope that it "never happens to me", and if it does, then say "fork it", use the weapon and face the consequences, but, at least, facing a MA judge - and not St. Peter at the gates.
Flipside, which I just thought of: teach teach teach and preach preach preach, to wife and daughter to defend themselves, tell daughter to use her rifle, if no other option available. Then BEFORE calling 911, make sure every pistol is locked up... Except the rifle, which she was in "full control of" at the time .. just as the bad guy(s) picked the unfortunate (for them) moment to kick the window in.. as my daughter was about to clean her rifle. Bad timing, eh?
But, is that where we're at in this state? (ps:thanks Len)
Laws are great and all, but if I was in a situation in my home where I felt my life was in danger, laws would be the last thing on my mind. Because the alternative to a legal hell, is actual hell.
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I have a follow up question RE: daughter with an FID vs wife and I with LTC. I have kids too young for even an FID. We, of course keep our guns and ammo locked. We use a key lock, not a code lock or bio-metric lock. Lets say, hypothetically, that I keep a key to the safe on my key chain, the same key chain I keep my car keys, house keys, office keys, file cabinet keys, etc. What if I leave my keys on the kitchen table and go outside to mow the lawn? What do LEOS or courts think of that? What is the best practice for where you keep the safe keys?
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