MA Gun Laws

[browncoat]

This might be redundant but im limited on time....If I were to buy a pistol or long rifle in NH, I would first make sure it was compliant, or I would have a gun smith make it compliant. Then to bring it back to MA I would need to fill out an FA10 form if im correct. But every time I search for it all I get is a page saying E-FA10 forms replaced FA10 forms. So what would I need to do to bring a pistol back to MA from a different state

Federal law says you can only buy a pistol in the state of your residence. Supposing you legally own a pistol in another state, say because you are a dual resident under Federal law. Upon bringing that pistol to MA, you just need to do an FA-10, either paper or eFA-10. The EOPS regs don't matter for this, but the pistol must not be an "assault pistol" under the MA AWB. Basically, the pistol can't be over 50 ounces, it can't have a magazine in front of the grip, and a couple other things I don't remember at the moment. (the MA AWB only applies to semiauto pistols with detachable magazines). So, if the pistol is a "normal" pistol, you will probably be fine. Double check. Triple check

 

[Hoover]

Federal law says you can only buy a pistol in the state of your residence. Supposing you legally own a pistol in another state, say because you are a dual resident under Federal law. Upon bringing that pistol to MA, you just need to do an FA-10, either paper or eFA-10. The EOPS regs don't matter for this, but the pistol must not be an "assault pistol" under the MA AWB. Basically, the pistol can't be over 50 ounces, it can't have a magazine in front of the grip, and a couple other things I don't remember at the moment. (the MA AWB only applies to semiauto pistols with detachable magazines). So, if the pistol is a "normal" pistol, you will probably be fine. Double check. Triple check

I know what you meant but just to clear it up. You can buy a handgun (pistol, revolver, etc.) in any state but you can only take possession of the handgun in the state you reside (could be more than one state of residence if you have multi state residence set up).

 

[browncoat]

I know what you meant but just to clear it up. You can buy a handgun (pistol, revolver, etc.) in any state but you can only take possession of the handgun in the state you reside (could be more than one state of residence if you have multi state residence set up).

Right. I should have mentioned that, just the question said "bring back" so I figured he was talking about doing the 4473 and taking possession in a different state than MA. Gotta love the GCA, it makes life so nice and uncomplicated.

 

[XxThalakosxX]

I'm sure this has been asked but this thread is now 46 pages... I obtained my LTC in Chicopee a few years back. It's restricted to Target & Hunting because that's pretty much all they issued in Chicopee at the time. I've had a few people tell me that now they can't restrict it. So my question is, what's the truth here? And can I get it changed so my LTC-A is for CCW? Also, I've since moved to South Hadley.

 

[soam]

I'm sure this has been asked but this thread is now 46 pages... I obtained my LTC in Chicopee a few years back. It's restricted to Target & Hunting because that's pretty much all they issued in Chicopee at the time. I've had a few people tell me that now they can't restrict it. So my question is, what's the truth here? And can I get it changed so my LTC-A is for CCW? Also, I've since moved to South Hadley.

Any existing restrictions on your license are still in effect. You can contact the issuing authority for the town that issued your license (which would be Chicopee in this case), and ask them to remove the restrictions. If they agree, you will be issued a new LTC with no restrictions on it, if they don't agree then you're stuck with the restrictions until you renew. Once you renew, it's up to the chief in South Hadley whether you get restrictions or not.

They can still issue with restrictions, anyone who tells you otherwise is BSing you. However, the changes in the law from the bill that passed last year have put some additional pressure on chiefs to issue unrestricted more often, so contacting Chicopee to ask to have your restrictions removed is a good first step.

 

[ZJPierce]

I'm sure this has been asked but this thread is now 46 pages... I obtained my LTC in Chicopee a few years back. It's restricted to Target & Hunting because that's pretty much all they issued in Chicopee at the time. I've had a few people tell me that now they can't restrict it. So my question is, what's the truth here? And can I get it changed so my LTC-A is for CCW? Also, I've since moved to South Hadley.

You can also try to get your LTC in Chicopee cancelled. Then you can re-apply in South Hadley and hope for unrestricted.

 

[HarryPottar]

Sorry newbie question be kind. Just got my first LTC-A unrestricted., don't have any firearms yet.

Fellow NES member as been holding a Glock 26 for me, I intend to do a FTF transfer at a dealer on Saturday. With this being tax free weekend, another dealer as a Walther PPS on sale at a good price new. If I purchased the PPS the same day at the other dealer is that going to be an issue.

I have been looking at a Sig Saur M400 226 ma compliment at a dealer in NH, I was going to pick that up and transfers once I'm home.

I've been waiting a long time for my LTC-A and been making a wish list, is this going to send any red flags?

buying two hand guns and one AR15 in one weekend sound odd.

thanks
harry

 

[Len-2A Training]

Not a problem. Buy, enjoy and be happy.

 

[soam]

Sorry newbie question be kind. Just got my first LTC-A unrestricted., don't have any firearms yet.

Fellow NES member as been holding a Glock 26 for me, I intend to do a FTF transfer at a dealer on Saturday. With this being tax free weekend, another dealer as a Walther PPS on sale at a good price new. If I purchased the PPS the same day at the other dealer is that going to be an issue.

I have been looking at a Sig Saur M400 226 ma compliment at a dealer in NH, I was going to pick that up and transfers once I'm home.

I've been waiting a long time for my LTC-A and been making a wish list, is this going to send any red flags?

buying two hand guns and one AR15 in one weekend sound odd.

thanks
harry

Buying two handguns and an AR15 in one weekend sounds like a good start! As Len said, not an issue, buy as many guns as you want and can afford.

 

[HarryPottar]

Thanks for the info, Thats great news got confused/worried after I searched and read post about the ATF being notified if you purchase multiple guns within 5 days.

Multiple gun defined as two or more .

Thanks
harry

 

[knfmn]

Thanks for the info, Thats great news got confused/worried after I searched and read post about the ATF being notified if you purchase multiple guns within 5 days.

Multiple gun defined as two or more .

Thanks
harry

It's not the end of the world by any means. Lots of folks buy more than one or two firearms at once. There is no state law against it here (yet). The ATF might start eyeballing you if you were doing 20+ purchases every single week for months on end, but not over three or four purchases within a week.

 

[bigblue]

Thanks for the info, Thats great news got confused/worried after I searched and read post about the ATF being notified if you purchase multiple guns within 5 days.

Multiple gun defined as two or more .

Thanks
harry

If you purchase two firearms from a dealer in a week or less there is extra ATF paperwork for the dealer to complete. Other than extra paperwork there is no real down side to this.

You may run into difficulty transferring that Glock 26 through a dealer however, best to do that one through the MA eFA-10 website. (Many/most dealers will refuse to transfer non preban (or non verifiably preban) Glocks)

https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentHome

 

[HarryPottar]

If you purchase two firearms from a dealer in a week or less there is extra ATF paperwork for the dealer to complete. Other than extra paperwork there is no real down side to this.

You may run into difficulty transferring that Glock 26 through a dealer however, best to do that one through the MA eFA-10 website. (Many/most dealers will refuse to transfer non preban (or non verifiably preban) Glocks)

https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentHome

Thanks for the info, the seller requested that we go through his dealer and it as all been pre-arranged with that dealer. Have to assume the dealer is ok with the transfer, fingers crossed. I have to say the seller as been great, I showed interest weeks ago and let them know I was waiting on my LTC. They have held the gun for me and have been extremely patient.

Thanks
harry

 

[HarryPottar]

Thanks for the information I picked up my Glock 26 no issues.

I have on more question, all theory at the moment.

Regarding hand guns, not the magazines. The law of what is ma compliance is up to the dealer. Theory if a dealer sells me a brand new glock, I can legally own thar with no recourse. Any issues that arise are the dealers, correct?

Thanks

Harry

 

[warwickben]

Thanks for the information I picked up my Glock 26 no issues.

I have on more question, all theory at the moment.

Regarding hand guns, not the magazines. The law of what is ma compliance is up to the dealer. Theory if a dealer sells me a brand new glock, I can legally own thar with no recourse. Any issues that arise are the dealers, correct?

Thanks

Harry

Yes.

 

[HarryPottar]

Yes.

Thanks and phew

Two Glock family now, I will love them both equally.

Harry

 

[Rob Boudrie]

It's not the end of the world by any means. Lots of folks buy more than one or two firearms at once. There is no state law against it here (yet). The ATF might start eyeballing you if you were doing 20+ purchases every single week for months on end, but not over three or four purchases within a week.

A MA dealer filed the multiple handgun form on me when I transferred 5 stripped 1911 frames. I never heard anything from the ATF. Perhaps the agent who read the form figured out what kind of buyer I was when he saw serial numbers like 1911, 45ACP, etc.

 

[knfmn]

A MA dealer filed the multiple handgun form on me when I transferred 5 stripped 1911 frames. I never heard anything from the ATF. Perhaps the agent who read the form figured out what kind of buyer I was when he saw serial numbers like 1911, 45ACP, etc.

You should have another batch made up with serial numbers like Crips, Bloods, F da Police, etc.....just as a social experiment....lolol. [emoji3] [emoji3] [emoji3]

 

[drgrant]

A MA dealer filed the multiple handgun form on me when I transferred 5 stripped 1911 frames. I never heard anything from the ATF. Perhaps the agent who read the form figured out what kind of buyer I was when he saw serial numbers like 1911, 45ACP, etc.

Box 15 on the MHP form also allows the FFL to provide a notation about the transfer. It's probably wise for them to type something insightful in that box. EG, "Transferee inherited a collection of firearms" or "Transferee receiving firearms from person who lost MA LTC" etc.

Usually if anything comes out of it the feds will call the dealer that did the transfer and talk to them about it. Most people don't get a ping unless some guy is trying to buy 10 lorcins at once or something stupid like that. I know in one case a guy on sigforum got pinged by the feds because of his hispanic surname and his proximity to the mexican border. Ended up not being a big deal.

-Mike

 

[JCV]

Has direct control been defined? (relating to storage within the home)

Arguing with someone who is saying sleeping with a firearm within arms reach is considered direct control, my argument is that you can't be in control of something if you're unconscious. It's petty I know. I do not care for the law, I'm just looking for some clarification. But like most other MA laws, I'm not expecting there to be any.

 

[Len-2A Training]

Has direct control been defined? (relating to storage within the home)

Arguing with someone who is saying sleeping with a firearm within arms reach is considered direct control, my argument is that you can't be in control of something if you're unconscious. It's petty I know. I do not care for the law, I'm just looking for some clarification. But like most other MA laws, I'm not expecting there to be any.

I discuss this in my seminar.

"Direct control" is in the law wrt handgun transportation. "Control" is the verbiage used in the law you are referring to.

No, neither term has a true legal definition in MGL C. 140. Black's Law Dictionary has a definition of "Control", but no definition for "direct control".

 

[HTRN]

I discuss this in my seminar.

"Direct control" is in the law wrt handgun transportation. "Control" is the verbiage used in the law you are referring to.

No, neither term has a true legal definition in MGL C. 140. Black's Law Dictionary has a definition of "Control", but no definition for "direct control".

I'm having trouble finding the definition of "control" in blacks law.

Please enlighten we plebians.

Sent from my SM-G900V using Tapatalk

 

[Len-2A Training]

I'm having trouble finding the definition of "control" in blacks law.

Please enlighten we plebians.

Sent from my SM-G900V using Tapatalk

It's a quite a few paragraphs in Black's Law Dictionary, 5th Edition (paper) so I'm not going to type it all in.

I don't see it in the online version, sorry.

Update: Google is our friend. Someone copied the entire 6th Edition (in a very ugly format) online here:
https://archive.org/stream/BlacksLaw6th/Blacks Law 6th_djvu.txt

So I copied the definitions below.

Control, v. To exercise restraining or directing influence over. To regulate; restrain; dominate; curb; to hold from action; overpower; counteract; govern.

Control, n. Power or authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee. The ability to exercise a restraining or directing influence over something. Martin v. State, 175 Ind. App. 503, 372 N.E.2d 1194, 1197. The "control" involved in determining whether principal and agent relationship or master and servant relationship is involved must be accompanied by power or right to order or direct. Mid-Continent Petroleum Corporation v. Vicars, 221 Ind. 387, 47 N.E.2d 972.

As used in statute making it unlawful for any person to possess or "control" any narcotic drug, is given its ordinary meaning, namely, to exercise restraining or directing influence over, and also has been defined to relate to authority over what is not in one's physical possession. Speaks v. State, 3 Md.App. 371, 239 A.2d 600, 604.

Rule that driver must at all times have automobile under control, means having it under such control that it can be stopped before doing injury to any person in any situation that is reasonably likely to arise under the circumstances. Kindt v. Reading Co., 352 Pa. 419, 43 A.2d 145, 147.

 

[Coyote33]

I discuss this in my seminar.

"Direct control" is in the law wrt handgun transportation. "Control" is the verbiage used in the law you are referring to.

No, neither term has a true legal definition in MGL C. 140. Black's Law Dictionary has a definition of "Control", but no definition for "direct control".

Can 3 people all be in control at the same time?

Worcester teenagers arrested on gun and alcohol charges

Worcester police arrest 3 teens on gun charges



THAT said, what is the current status of any pending gun bills? I thought they wrap all this up over the Summer. Is it different this year?

THAT said, can we get them to add language to other bills, to sneak this stuff in?

 

[CrackPot]

Can 3 people all be in control at the same time?

Worcester teenagers arrested on gun and alcohol charges

Worcester police arrest 3 teens on gun charges



THAT said, what is the current status of any pending gun bills? I thought they wrap all this up over the Summer. Is it different this year?

THAT said, can we get them to add language to other bills, to sneak this stuff in?

Arrest and change them all. Let the courts sort it out.

 

[MachineHead]

Can 3 people all be in control at the same time?

Worcester teenagers arrested on gun and alcohol charges

Worcester police arrest 3 teens on gun charges



THAT said, what is the current status of any pending gun bills? I thought they wrap all this up over the Summer. Is it different this year?

THAT said, can we get them to add language to other bills, to sneak this stuff in?

Lol, nothing like adding in a comma, semicolon, "and", "or", and a few "notwithstandings", and "excepts".

 

[KMM696]

It's a quite a few paragraphs in Black's Law Dictionary, 5th Edition (paper) so I'm not going to type it all in.

I don't see it in the online version, sorry.

Update: Google is our friend. Someone copied the entire 6th Edition (in a very ugly format) online here:
https://archive.org/stream/BlacksLaw6th/Blacks Law 6th_djvu.txt

So I copied the definitions below.

Same source has Blacks 6th in .pdf as well as a few other formats.

pdf - https://archive.org/download/BlacksLaw6th/Blacks%20Law%206th.pdf

other formats - https://archive.org/details/BlacksLaw6th

Great find, Len - I like searchable books!

 

[Len-2A Training]

Same source has Blacks 6th in .pdf as well as a few other formats.

pdf - https://archive.org/download/BlacksLaw6th/Blacks%20Law%206th.pdf

other formats - https://archive.org/details/BlacksLaw6th

Great find, Len - I like searchable books!

Thanks for the other formats.

Having a few moments this morning, I reformatted what I posted above.

 

[EMTDAD]

Actually, you've got it right (my comments in red)...
[/list]
.

I've read this entire thread and have done some searching on the site and am still a bit confused on the storage laws.

Here's my (almost definitely wrong!) take on what I've gleaned. Please correct my errors!

Firearms storage at home:

• Firearm must be in "locked container" OR the firearm must be be locked (see MGL 140 Section 131L(a))
• (Question -- so a cable lock through the action or a trigger lock that prevents the trigger from being pulled satisfies the law even if the firearm is not in a locked container?)
• If you lock the zippers of a soft-sided container, that satisfies the law.
• (Question -- how good/"real" does the lock have to be? Would the kind of lock that came with suitcases be good enough, for example? Or should one at least use a cable lock to lock the zippers?)
• (Question -- can a loaded handgun be legally stored in a "locked container"? So can one keep a loaded handgun in, say, an under-the-bed quick access safe?)

Ammo storage at home (for my purposes I'm wondering about pre-assembled cartridges, not containers of powder, primers, and cartridge components):
Actually, I have no idea what the rule is. I don't see anything about ammo storage in all subsections of 131. But I have seen some references here to CMRs about ammo storage. So, does ammo have to be locked up at home or not?

Transportation of firearms in a car:

• Loaded handgun must be under direct control (generally interpreted as being on the body). Non-handguns are not allowed to be loaded.
• Unlike in the home, a lock through the action or a trigger lock will not satisfy the law. The gun must be stored, unloaded, in a "locked case or other secure container" or in a locked trunk.
• Like at home, locking the zippers of a soft-sided case satisfies the law.
• (Question -- is the "locked case or other secure container" language in 131C considered to be identical to the "locked container" language in 131L? Or is one considered to be stricter and require a higher level of security than the other? And if so, which?)

Ammo transported in car:
Same questions as home storage. 131 subsections don't talk about ammo storage. What do relevant CMRs require?

Is this still valid with the new laws? Is it possible to make something like this a Sticky under MA Laws subforum. Seems important to put the MGL/CMR into English, in one spot, and easily able to be found. TIA

I looked on GOAL's site (http://goal.org/masslawpages/storageinfo.html) and it seems to leave unanswered basic questions (ammo?)

 

[Len-2A Training]

This is a Sticky!!

No changes in the law last year that impact storage or transportation.

Ammo storage regulations changed 1/1/15 and are found in 527 CMR 1.0 now.

I don't recommend relying on GOAL's legal info as my impression is that it hasn't been updated in years. Court cases, law changes, interpretation changes, etc. make any law document a "living document" and you can't just post something, let it sit there for years without re-reading it to verify that the validity is still correct.

ETA: Since the law is somewhat dynamic, when I teach I always have source citations with me so that students can look it up for themselves and I always advise them to do just that! I don't rely on any "dead paper/website" non-source info. I also only use Gary Slider's handgunlaw.us website to go to whatever gov't agency site has the actual law of interest and read it for myself.