Try reading the judge's ruling here: Comm v. Cornelius 78 Mass App Ct 413 (2010)
Done.
I presume the portion of the ruling of interest is the "answer" to "Question three".
The judge correctly points out that C.140 S. 129C(j) exemption – 60 days, BUT C. 269 S. 10(m) prohibits large cap guns/mags and has no exemption for moving in with them!
Ch. 269 §10(m) has an exemption for moving in with large cap guns:
... any person ... who knowingly has in his possession ... a large capacity weapon ... who does not possess a valid ((LTC)), except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison ...
Ch. 140 §129C:
No person ... ((without an LTC)) ... shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued ((an FID)) ... The provisions of this section shall not apply to ... (j) Any ... new resident moving into the commonwealth, with respect to any firearm, rifle or shotgun and any ammunition therefor then in his possession, for 60 days after such ... entry into the commonwealth;
269/10 makes it illegal to possess guns off your property without any FID/LTC.
140/129C makes it illegal to possess a gun without a license,
except that this law
does not apply to brand new residents.
New residents can possess
any firearm/rifle/shotgun for their first 60 days of residence.
140/129C(j) is a
provision in chapter 140
permitting legal possession of
any gun,
which is
precisely the kind of thing that 269/10(m) says suffices to exempt one from 269/10.
Note well: the ruling completely ignores the statutory text that I
bolded above.
It doesn't say the bolded text is inapplicable; it doesn't mention it at all.
Perhaps because the bolded text doesn't apply to the specific criminal case
which caused the trial court to have questions about the law.
Mass. courts of all levels love ignoring inconvenient laws Because Guns.
But this case may be an analog to U.S. v. Miller, where bad case law sprang from
dull and unmotivated advocacy by dull and unmotivated defense counsel.
Don't you think that no one ever gets jacked up for merely moving in with guns
as long as they promptly apply for an LTC, and it's granted?
Any new resident menaced by the crap ruling of Commonwealth v. Cornelius
would have gotten on a prosecutor's radar for some more serious and common offense,
and it would have just been a pile-on charge.
One would have to be a fool to deliberately become a test case for this.
But for anyone who has the discipline and common sense
to keep the guns locked up until they're licensed
(as opposed to flouncing about with them in a high-crime area or at the range),
the ruling seems about as worrysome as
packing heat while riding the portion of the Green Line
which runs underneath the Common.
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I agree that large capacity feeding devices aren't covered,
but new residents can just leave them in a storage locker in over 40 other states
until their LTC-A is issued. (Or let anyone else with an LTC-A hold them in-state).