Non-residents: Legal info on bringing guns into Mass. for competition or hunting

Sorry, but you aren't going to like my answer.

MGL C. 140 S. 131G is a bogus "exemption" as the former Director of the FRB (attorney) explained to me, NO state meets the requirements in that section of law. Therefore any NR bringing any handguns or any large-capacity long guns/mags for same into MA w/o a MA NR LTC is committing a felony. It's done every day out of ignorance and a mis-understanding of the law, but if you get caught, mere possession is enough to send you away for more time than a bank robber.

At the last MA Firearms Law Update for Law Enforcement that I attended in May, the speaker explained the law properly and ~200 police chiefs and licensing officers heard his explanation. Having attended many of these seminars ever since 1998, this is the first time I witnessed the proper explanation of this law.

ETA: Read the post above mine and click on the link to my prior post (partially quoted there) for more of the explanation.
 
If you are not a resident of Massachusetts, generally speaking you must have a non-resident Massachusetts License to Carry Firearms to bring ANY handguns, ammo, or components into Mass. This includes empty shell casings. If you don't have a Massachusetts License to Carry, you can download the application and the instructions for the application at the below website.

Thanks for this.

Question for you:

I live in RI, but have some buddies in MA that I'd love to come up and shoot with. We both own AR-15s.

Would it be legal for me to bring just my upper (not a weapon without a lower) into MA in a locked case to go to the range with my MA resident buddies?

The intent would be to put it on one of their lowers at the range.

BTW, the reason I'd like to bring my upper is that I have a <1 MOA SPR upper. The FFP reticle on the scope that would be super useful when spotting to help them zero their optics on their own rifles.

Thanks!
 
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Thanks for this.

Question for you:

I live in RI, but have some buddies in MA that I'd love to come up and shoot with. We both own AR-15s.

Would it be legal for me to bring just my upper (not a weapon without a lower) into MA in a locked case to go to the range with my MA resident buddies?

The intent would be to put it on one of their lowers at the range.

BTW, the reason I'd like to bring my upper is that I have a <1 MOA SPR upper. The FFP reticle on the scope that would be super useful when spotting to help them zero their optics on their own rifles.

Thanks!

Assuming they don't have a pre-ban. It would only be legal if your upper had no bayonet lug, no flash hider and anything mounted on a threaded barrel was pinned and welded. Otherwise you'd be assembling a post-ban AW and looking at a felony for both of you.
 
The upper is indeed MA compliant with a pinned and welded compensator. So, once in possession by of my unrestricted LTC-AMA buddy, and mounted to his compliant lower it would definitely be a gun he is legal to possess.

What I'm primarily checking on is if it is legal for me to possess an upper in MA as a non resident with no permit at all.
 
The upper is indeed MA compliant with a pinned and welded compensator. So, once in possession by of my unrestricted LTC-AMA buddy, and mounted to his compliant lower it would definitely be a gun he is legal to possess.

What I'm primarily checking on is if it is legal for me to possess an upper in MA as a non resident with no permit at all.

Yes, it is legal.
 
I need to double check my understanding of MA law. I need to return to Northhampton on Monday to pickup a truck frame. Was there today and the property/people around there are unnerving. As a CT resident that legally owns a Mossberg 500 in a bullpup stock, as I read, it seems i can have it with me in a locked container unloaded. It would be in a metal toolbox with a keyed lock, no trigger lock in my truck cab. Can the ammo be with me in the cab of the truck in a nonlockable glovebox?
 
Hey guys I'm new to this, been to the range in RI but my buddy in mass invited me to go to AFS. I've read through this page but in laymen terms can I do that or do I need to apply for a license
I have a 9mm
Thanks
 
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Hey guys I'm new to this, been to the range in RI but my buddy in mass invited me to go to AFS. I've read through this page but in laymen terms can I do that or do I need to apply for a license
I have a 9mm
Thanks
You need a MA "Temporary non-resident license to carry firearms". Temporary means one year, renewable.
 
I have some questions and pardon me if they have been covered before. I was just issued a class A non-res with no restrictions. Can I carry a glock 26 into mass as long as the NEW mags I have with me are the 10 rounders it comes with? This leads me to ask, does my license allow me to bring a glock 19 as long as I have preban mags?
 
This thread has been great, but I have a couple questions to add.

1. I am currently a MA resident with a MA Class A LTC (no restrictions listed), but I was previously living in VA and have a gun trust that is domiciled in Virginia. This trust owns all of my NFA items as well as a number of handguns. There are some things the trust owns which can clearly NOT be brought to MA, but I am unclear on the handguns. If the trust owns a handgun which is not on the MA approved roster, as a MA LTC holder am I allowed to carry it as long as I do not have a magazine which can hold more than 10 rounds?

2. For NFA SBRs, if I have them in MA, do I still need to have the muzzle breaks and stocks permanently affixed? The shop that has done some work for me on a couple regular (non SBR) AR's has told me no, but would like a second opinion.
 
This thread has been great, but I have a couple questions to add.

1. I am currently a MA resident with a MA Class A LTC (no restrictions listed), but I was previously living in VA and have a gun trust that is domiciled in Virginia. This trust owns all of my NFA items as well as a number of handguns. There are some things the trust owns which can clearly NOT be brought to MA, but I am unclear on the handguns. If the trust owns a handgun which is not on the MA approved roster, as a MA LTC holder am I allowed to carry it as long as I do not have a magazine which can hold more than 10 rounds?

2. For NFA SBRs, if I have them in MA, do I still need to have the muzzle breaks and stocks permanently affixed? The shop that has done some work for me on a couple regular (non SBR) AR's has told me no, but would like a second opinion.

No expertise wrt trusts, but in MA a person has to be the registered owner of a gun (i.e. you can't put down a trust name on an FA-10 form/eFA-10).

1. Handguns. If you own it, lists are irrelevant, you can bring it "home" unless it is an "AW" pistol with a DOB >9/13/1994. Same magic date for any mags >10 rds for handgun/rifle (>5 rds for shotgun).

2. SBRs have been debated continually but I can tell you that LEOs are trained by the instructor who teaches in the police academy and writes the book on MA gun law for LE that SBRs fall under the same restrictions as any other rifle wrt the AWB. Not my expertise (NFA stuff) so just reporting words that I've personally heard from said source.

Something interesting on the topic that I found searching Glidden's latest book (4th Ed, 2016, p. 329ff):

ENFORCEMENT TERMS AND INFORMATION
The following information relative to definitions of Massachusetts firearms law are provided in addition to and for the clarification of the statutory definitions listed in M.G.L. chapter 140, § 121.
. . .
I. Short-Barreled Rifles and Shotguns
Rifles originally manufactured with a barrel shorter than a 16” or shotguns originally manufactured with a barrel shorter than 18” are considered short-barreled rather than sawed-off. Short-barreled rifles and shotguns fall within the definition of a firearm under §121 and may be possessed with an LTC. Such weapons also require the owner to have a federal transfer tax receipt to prove compliance with federal as well as state laws.
 
No expertise wrt trusts, but in MA a person has to be the registered owner of a gun (i.e. you can't put down a trust name on an FA-10 form/eFA-10).

1. Handguns. If you own it, lists are irrelevant, you can bring it "home" unless it is an "AW" pistol with a DOB >9/13/1994. Same magic date for any mags >10 rds for handgun/rifle (>5 rds for shotgun).

2. SBRs have been debated continually but I can tell you that LEOs are trained by the instructor who teaches in the police academy and writes the book on MA gun law for LE that SBRs fall under the same restrictions as any other rifle wrt the AWB. Not my expertise (NFA stuff) so just reporting words that I've personally heard from said source.

Something interesting on the topic that I found searching Glidden's latest book (4th Ed, 2016, p. 329ff):

So, if my trust is the owner of the handgun, I can or cannot carry it? Example being my trust owns a FN Five-Seven (assuming I can buy 10 round magazines) and a Sig 229 Legion, both of which I would like the ability to carry here in MA.
 
Anyone with a MA LTC can carry any (non post-ban AW) handgun anywhere that is legal as long as the source of the handgun is an owner who is also a MA resident (Fed law issue).
 
Anyone with a MA LTC can carry any (non post-ban AW) handgun anywhere that is legal as long as the source of the handgun is an owner who is also a MA resident (Fed law issue).
Well that stinks then..... I probably do not even need to ask about magazines for a .458 SOCOM AR that even though the magazines only hold 9 rounds they are technically 30 round 5.56 magazines, right?
 
Well that stinks then..... I probably do not even need to ask about magazines for a .458 SOCOM AR that even though the magazines only hold 9 rounds they are technically 30 round 5.56 magazines, right?

I think that you are mis-interpreting . . .

What I was trying to state (for completeness sake) is that you can NOT legally borrow a handgun from an owner across state lines if the purpose is not for "Sporting Purposes" (Fed wording).

If you own it in another state, you definitely can bring it to MA and carry it.
 
I think that you are mis-interpreting . . .

What I was trying to state (for completeness sake) is that you can NOT legally borrow a handgun from an owner across state lines if the purpose is not for "Sporting Purposes" (Fed wording).

If you own it in another state, you definitely can bring it to MA and carry it.
Except "I" do not own it, my trust owns it (of which I am a trustee). If that is a non-issue and I am considered an "owner" and not a "borrower" do any of these lists I am reading about apply to me or is my only concern magazine capacity and not carrying anything with more than a 10 round capacity.

Sorry for all the questions, I just do not want to goof up in this state.
 
Except "I" do not own it, my trust owns it (of which I am a trustee). If that is a non-issue and I am considered an "owner" and not a "borrower" do any of these lists I am reading about apply to me or is my only concern magazine capacity and not carrying anything with more than a 10 round capacity.

Sorry for all the questions, I just do not want to goof up in this state.

Sorry, I can't answer for trusts except to say that the eFA-10 system does NOT recognize trusts as owners of any guns. When gun clubs buy guns for juniors programs, all registration must be done in the name of a MA "responsible person" with a LTC (just giving this as an example).
 
A unique transportation through MA question from a NH resident : I have a AR-15 built to conform to NRA High Power Service Rifle classification. It has a fixed A2 stock, and no flash hider. If I follow the standard MA transportation laws it sounds like I will be legal to transport my rifle from my hometown of Newton, NH NH through MA to my gun club which is in Pelham, NH, as long as I ONLY have in my possession 10 round MA compliant mags ?
 
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A unique transportation through MA question from a NH resident : I have a AR-15 built to conform to NRA High Power Service Rifle classification. It has a fixed A2 stock, and no flash hider. If I follow the standard MA transportation laws it sounds like I will be legal to transport my rifle from my hometown of Newton, NH NH through MA to my gun club which is in Pelham, NH, as long as I ONLY have in my possession 10 round MA compliant mags ?

Nope! You MUST comply with FOPA, which has different transportation requirements than MGL. FOPA protects you even with evil features and large capacity mags in that case.
 
So, I think I know of a public shooting range located in MA that allows NH residents to bring their own firearms and show their driver's license in order to be able to shoot. Are such NHers who do this simply in flagrant, unknowing violation of MA law?
 
So, I think I know of a public shooting range located in MA that allows NH residents to bring their own firearms and show their driver's license in order to be able to shoot. Are such NHers who do this simply in flagrant, unknowing violation of MA law?

Yes!

I know a similar place that (I've been told numerous times) allegedly claims that RI residents can do the same.

The alleged exemption is only for competitions and gun shows (not to go to a range) and is bogus as no state's laws meet the requirements laid out in that exemption. This info came to me from an attorney who was FRB Director at the time.
 
Nope! You MUST comply with FOPA, which has different transportation requirements than MGL. FOPA protects you even with evil features and large capacity mags in that case.
The peaceable journey provision of FOPA makes no mention of protecting magazines or other accessories- only firearms and ammunition.
 
The peaceable journey provision of FOPA makes no mention of protecting magazines or other accessories- only firearms and ammunition.

FOPA does NOT mention anything about mags at all, nor does it specifically state anything about types of ammo.

Technically you are correct but I am not aware of any prosecutions in MA where the person abided by FOPA AND wasn't delaying themselves in MA (no overnight stays). Revell v. Port Authority of NY and NJ addresses the illegality of staying overnight in either state.

In general, MA LE do not jack people up on FOPA travel if they are compliant with that law, unlike our Southern & Western neighbors. Problem is that most that get stopped aren't FOPA compliant with their mode of travel. Remember police can't legally search locked containers without consent (downright stupid to give it) or a warrant based on probable cause of a crime . . . and a locked gun case isn't probable cause of a crime. Thus they would never even know if you had large capacity mags or not with you if properly transporting them.
 
Hello all I have yet another scenario......I'm a NH resident with CCW and am going on a family vacation to Arizona. I would like to fly out of Logan because it is much cheaper. Is it legal for me to transport my pistols from NH to Logan airport as long as I don't stop anywhere in between, and they remain locked unloaded in a hard case the entire time? If it helps I am planning on attending a gun show in AZ and am a member of a gun club there. They are having an action match during the time I will be there, not really planning on competing but was planning on some range time. Not sure if FOPA applies since I'm stopping at the airport to fly out? If it is legal am I still bound MA capacity restrictions? Firearms are: G19, Tangfolio Witness, and probably Sig P938. Would just fly out of Manchester (and still might), but family vacation and number of tickets needed makes the cost difference a pretty big factor. On a separate note, now that MA has legalized MJ do you think they will change the wording of 131G? I would think it would be hard to penalize a person for their state forgiving drug related offenses and still issuing permits, when MJ use is legal in MA now....especially if the state your permit is from is a state where it is not legal (like NH).

I am going to call the FRB and see what they say but figured I'd check here first....
 
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Hello all I have yet another scenario......I'm a NH resident with CCW and am going on a family vacation to Arizona. I would like to fly out of Logan because it is much cheaper. Is it legal for me to transport my pistols from NH to Logan airport as long as I don't stop anywhere in between, and they remain locked unloaded in a hard case the entire time? If it helps I am planning on attending a gun show in AZ and am a member of a gun club there. They are having an action match during the time I will be there, not really planning on competing but was planning on some range time. Not sure if FOPA applies since I'm stopping at the airport to fly out? If it is legal am I still bound MA capacity restrictions? Firearms are: G19, Tangfolio Witness, and probably Sig P938. Would just fly out of Manchester (and still might), but family vacation and number of tickets needed makes the cost difference a pretty big factor. On a separate note, now that MA has legalized MJ do you think they will change the wording of 131G? I would think it would be hard to penalize a person for their state forgiving drug related offenses and still issuing permits, when MJ use is legal in MA now....especially if the state your permit is from is a state where it is not legal (like NH).

I am going to call the FRB and see what they say but figured I'd check here first....

FOPA SHOULD cover you, but nothing is set in concrete as NY & NJ have denied FOPA. I don't think MA has done this but anything is possible here especially with an AG on the rag.

FOPA doesn't mention anything about mags, so they may be a gray area if someone wants to make an issue of it (unlikely as that is).

131G will likely never be revised to be realistic, I suspect that it would have to be a USDC case forcing them to change it. That said, it was on my list of requested "technical corrections" that I gave to Sen. Jim Timilty (Sen. Chair, Public Safety Committee) 2 years ago. Nothing changed.
 
I found a copy of a DOJ letter from the assistant attorney general from 2005 that basically directs that the provisions of FOPA cover this particular situation but the letter is addressed to Congressman Young of NY. Apparently after a few incidents at JFK the congressman wrote the TSA on behalf of some citizens....his letter was forwarded to ATF who then sent it to the DOJ. They (DOJ) feel that as long as the requirements of FOPA are satisfied (locked, unloaded, encased, etc) then airline travel is permitted in restricted states like NY. At the end of the letter the AAG states that they will inform the applicable law enforcement of their interpretation of 926a. But the letter is old, was specifically addressed to NY issues, and I don't want to be a test case or ruin my family's vacation.....The FRB doesn't answer phone calls....so I emailed them, but the way the legal system is in this country it really seams like the only concrete ruling comes from which ever judge you happen to be standing in front of. If I decide to go through MA I will bring copies of FOPA, the DOJ, letter, 131G (not that it really applies), my ticket for the gun show, the flyer for the action match, my gun club membership card, and obviously my pistol and revolver license. I'll keep as low a profile as possible and cross all my fingers and toes......if the speed limits were open to as much interpretation as our gun laws are I could just drive........lol
 
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