MA Gun Laws

Len-2A Training said:
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.
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sorry.. I meant it's own sticky.. I found this buried in the MaGL thread. Seems like state-specific storage/transportation compliance is important enough to warrant it's own sticky.. This was the best post of all information in one post that I found, and it was from 2011. Hence why I asked. If it's a locked sticky, then that cuts out all the banter. And that way, someone with the intricate legal knowledge can provide updates and edits as needed. JMHO.

and BTW, thanks for all the good info you provide here.. it's been immensely useful.
 
Question regarding restraining orders.
Right now if someone has one put out on them, their firearms are confiscated, correct?
How about if there is a roommate with firearms?
Are all guns within the residence seized?
 
JCV said:
Question regarding restraining orders.
Right now if someone has one put out on them, their firearms are confiscated, correct?
How about if there is a roommate with firearms?
Are all guns within the residence seized?
Click to expand...

They shouldn't be seized. They don't normally look at room mates since room mate isn't on the restraining order.
You might be asked to store some place different . Or tell room mate to leave lol.
 
JCV said:
Question regarding restraining orders.
Right now if someone has one put out on them, their firearms are confiscated, correct?
How about if there is a roommate with firearms?
Are all guns within the residence seized?
Click to expand...

Normally any PD will empty the place of guns. If they are stored together with the RO's subject's guns they are definitely all going.

If the roommate has a separate bedroom with a locked door, likely they will not be able to legally enter that room and anything stored there by said roommate should be safe.

Reality in MA is very different from what "should be". Ask Mr. Jarvis, Sr. (Jarvis v. Village Vault, Comm2A case)!
 
Hi, I have a question regarding getting a LTC.

I received an OMVI conviction in 2003(2004?) in Ohio. To my knowledge, at the time (and currently), the max penalty for this offense in Ohio wasn't/isn't anywhere near 2+ years.

My question: Is the law regarding alcohol related misdemeanors state specific? Or does MA see the OMVI as the same as OVI here in MA and subject to the same response as if I was convicted in MA?

Basically, is my situation grounds for the LO to refuse to grant a LTC in MA?

Thanks in advance for your help!
 
modernhamlet said:
Hi, I have a question regarding getting a LTC.

I received an OMVI conviction in 2003(2004?) in Ohio. To my knowledge, at the time (and currently), the max penalty for this offense in Ohio wasn't/isn't anywhere near 2+ years.

My question: Is the law regarding alcohol related misdemeanors state specific? Or does MA see the OMVI as the same as OVI here in MA and subject to the same response as if I was convicted in MA?

Basically, is my situation grounds for the LO to refuse to grant a LTC in MA?

Thanks in advance for your help!
Click to expand...

So there are two separate questions here:
1) Are you statutorily denied from getting an LTC due to being convicted of a misdemeanor for which you could have been jailed over 2 years?
2) If you aren't statutorily denied, will you be denied for "suitability" reasons?

I am not sure about the answer to (1). I think you're fine since the potential penalty for the offense in the state you were convicted is less than two years, but I am not positive. If I'm wrong and it is considered a disqualifier, then there's nothing your police chief can do - you cannot be issued an LTC legally.

As for (2), the chief could use the conviction as grounds to deny for suitability reasons, but that all depends on the chief. Disclose everything on your application, and if your chief isn't a dingus then you should get your LTC without an issue.
 
mlaboss said:
So there are two separate questions here:
1) Are you statutorily denied from getting an LTC due to being convicted of a misdemeanor for which you could have been jailed over 2 years?
2) If you aren't statutorily denied, will you be denied for "suitability" reasons?

I am not sure about the answer to (1). I think you're fine since the potential penalty for the offense in the state you were convicted is less than two years, but I am not positive. If I'm wrong and it is considered a disqualifier, then there's nothing your police chief can do - you cannot be issued an LTC legally.

As for (2), the chief could use the conviction as grounds to deny for suitability reasons, but that all depends on the chief. Disclose everything on your application, and if your chief isn't a dingus then you should get your LTC without an issue.
Click to expand...

Great response. Thanks!

I am specifically concerned about the statutory question. If I can't get a permit no matter what, I don't want to jump through all of the training and application hoops just to find out there was no point at all.

I know that being denied for non-statutory reasons is always a possibility. Unfortunately, it seems like that's possible no matter what my record looks like, depending on the police chief! I live in a "green" town, so as long as I'm not statutorily disqualified, I'm going to at least take the course and apply.

Thanks again...
 
OUI in itself is NOT a statutory disqualifier. It is the potential sentence in MA (2.5 yrs) that makes it such. Unsure that any other state is that punitive.

So Q.1 = Not a problem.
Q.2 = depends on the chief and I suggest you have your docket sheet attached to your application along with a fully written explanation of what occurred.
 
Len-2A Training said:
Normally any PD will empty the place of guns. If they are stored together with the RO's subject's guns they are definitely all going.

If the roommate has a separate bedroom with a locked door, likely they will not be able to legally enter that room and anything stored there by said roommate should be safe.

Reality in MA is very different from what "should be". Ask Mr. Jarvis, Sr. (Jarvis v. Village Vault, Comm2A case)!
Click to expand...

I always wondered, if that roommate had one AR lower, but 6 uppers, all separated, do they just take the lower, since that is "the gun" (part with the serial number), and the rest are just "parts"? Kind of doubting it. Actual examples only, not conjecture, please.

P.S. This isn't directed at LenS, but this made me think of it. Thanks.
 
Coyote33 said:
I always wondered, if that roommate had one AR lower, but 6 uppers, all separated, do they just take the lower, since that is "the gun" (part with the serial number), and the rest are just "parts"? Kind of doubting it. Actual examples only, not conjecture, please.

P.S. This isn't directed at LenS, but this made me think of it. Thanks.
Click to expand...

Read the Jarvis case. They took the guns, ammo, cases, scopes, and anything else that wasn't bolted down. When VV got their hands on them, they recorded each "item" separately, and charged the admin fee for each item.
 
swatgig said:
Read the Jarvis case. They took the guns, ammo, cases, scopes, and anything else that wasn't bolted down. When VV got their hands on them, they recorded each "item" separately, and charged the admin fee for each item.
Click to expand...

To expound on this, the also toom knives & swords IIRC.
 
swatgig said:
Read the Jarvis case. They took the guns, ammo, cases, scopes, and anything else that wasn't bolted down. When VV got their hands on them, they recorded each "item" separately, and charged the admin fee for each item.
Click to expand...

That's plain old robbery right there!
 
Hello, I'm hoping someone may be able to answer a question for me. I notice there has been a change the LTC application questions. Where the form used to read "are you or have you been under treatment for or confinement for drug addiction or habitual drunkenness", it now reads "Have you ever been committed to any hospital or institution for mental illness, or alcohol or substance abuse?". This was apparently revised in May of 2015. I'm curious for what reason this change took place. Was it a statutory change? Unlawful question? Changed due to case law? I appreciate the help of anyone who can shed light on this. Thank you in advance.
 
Legally you weren't DQ'd if you did a voluntary treatment and the first question asked for a yes answer for voluntary but the law is strictly about involuntary treatment.
 
Len-2A Training said:
Legally you weren't DQ'd if you did a voluntary treatment and the first question asked for a yes answer for voluntary but the law is strictly about involuntary treatment.
Click to expand...

Thank you for the response. Was the wording in the application incorrect, or was the statute wording changed? I was under the impression that the statute has always read in a way that specifically indicated involuntary, but want to double check that.
 
Tacticool said:
Thank you for the response. Was the wording in the application incorrect, or was the statute wording changed? I was under the impression that the statute has always read in a way that specifically indicated involuntary, but want to double check that.
Click to expand...

That is my recollection too.

Be aware that some PDs ask probing questions that go beyond the law and use that against you (never for you). So if they try to expand their "authority", it's within your rights to refuse to answer but never lie to them.
 
Is is true that a MA resident who is not a US citizen (but is a permanent resident) can not own a pistol?
I saw on the MA website an application for Rifles/Shotguns, but not handguns.

I think I'm confused because I thought they could apply for an LTC.....

EDIT: On the state LTC application there is a green card number place, so i'm assuming its good to go
 
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Just recently received my LTC-A and have a question regarding how MA law dictates safe storage of a firearm at a specific location. If staying somewhere besides your "main residence" for a few days at a time or longer, is it legal to leave firearms that are "stored properly" (unloaded and locked in a case) and then leave the premises? Assuming the location is a private residence of someone without an LTC. From everything I've read, MA law constantly refers to "Any place" and not specifically your home.

Thanks, and my apologies if this has been answered; I could not find it anywhere.
 
Moshjack said:
Just recently received my LTC-A and have a question regarding how MA law dictates safe storage of a firearm at a specific location. If staying somewhere besides your "main residence" for a few days at a time or longer, is it legal to leave firearms that are "stored properly" (unloaded and locked in a case) and then leave the premises? Assuming the location is a private residence of someone without an LTC. From everything I've read, MA law constantly refers to "Any place" and not specifically your home.

Thanks, and my apologies if this has been answered; I could not find it anywhere.
Click to expand...

As long as the gun is "inoperable by any person other than the owner or other lawfully authorized user" it is legal.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131l
 
mlaboss said:
As long as the gun is "inoperable by any person other than the owner or other lawfully authorized user" it is legal.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131l
Click to expand...

The above is legally correct.

However, if the gun/gun case disappears you can expect to be hassled by the PD and perhaps lose your LTC. For instance if someone lives with a bunch of guys/gals who like to party and invite "friends" over and the locked container disappears during one of these parties, I'd bet with 90/10 odds of a loss of LTC.

So know how trustworthy the person (and any roommates) is before doing this.
 
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Part of what I never understood - they want to limit noise (muffle, motorcycles - "loud pipes save lives" and yet they are against suppressors, where especially at ranges and the like would reduce environmental noise.

Seriously. If their argument is that this would promote and hide crimes... any person with such intent and purpose would likely build or obtain one illegally.
 
Begin sarcasm

Because only spies and assassins use "silencers". Haven't you watched enough movies?
Clearly there is no legitimate reason for any law abiding citizen to own one




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