Shipping cap & ball pistols to ma?

[weehooker]

I know this used to be OK. Is this still within the law or have they made us safer there too?
Dave

 

[Mountain]

Vendor might want proof that you are of a certain age- 18 perhaps. Otherwise there should be no issues- it can ship in the mail just like anything else. I suggest insurance, just in case.

Queen Maura hasn't come after the 1800's technology yet. Perhaps even she is smart enough to realize how stupid it would look to go after BP guns, though IIRC in Mass I think slingshots are illegal?

 

[mclina]

Legal, but a lot of vendors won't. Just like a lot of other stuff.

 

[Broc]

They will ship to your house, same with muskets. You don't even need a gun license to own them.

I won't mention names here. I will PM you.

FYI...if you are picking up in store, Cabelas started offering that now. When you are doing the check out, it will ask you which store you will pick the gun at. I purchased a Sharps that way.

 

[weehooker]

Thanks Much. Just wanted to clarify before I contact a seller.

 

[Broc]

If you need black powder, Kittery sells.

 

[gerrycaruso]

An 1861 navy was shipped to me but they wouldn't ship the round balls.

 

[mac1911]

There are very few laws regulating shipping of unregulated items.
Most vendors that have been threatened by out AGs over the years just recuse to sell/ship us anything.

 

[Len-2A Training]

From Glidden's 4th Edition, notes for C. 140 S. 121:

Antique weapons (pre-1900) and replicas of antiques: These weapons are exempt from the licensing requirements (see Comm. v. Jefferson 2012) and all safe storage requirements. Caution - although primitive arms may be exempt from licensing, they are not exempt from the surrender requirements of a restraining order under chapter 209A, or from a requirement to carry rifles and shotguns in an enclosed case while on a public way (unless exempted).

The case I couldn't recall was Comm. v. Jefferson, 2012 which nullified the requirement for a license to carry an antique gun.

Conclusion. The defendants' convictions of carrying a firearm without a license, possession of ammunition without a firearm identification card, and possession of a loaded firearm are reversed, the verdicts are set aside, and the cases are remanded for a new trial on these charges.

 

[quincy]

Is a pickup truck with a rifle rack on the rear window considered "an enclosed case"? That's how I used to carry my shotgun around in 1977ish time. [emoji41]


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[Len-2A Training]

Is a pickup truck with a rifle rack on the rear window considered "an enclosed case"? That's how I used to carry my shotgun around in 1977ish time. [emoji41]


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No way in MA.

 

[Broc]

No way in MA.

It is an enclosed case, just like a trunk or a glass box with a lock. But there might be something in the law about having the rifle visible (besides being a bad idea).

 

[Len-2A Training]

It is an enclosed case, just like a trunk or a glass box with a lock. But there might be something in the law about having the rifle visible (besides being a bad idea).

Someone already tried to claim a car as a locked container - he was convicted.

 

[Broc]

Someone already tried to claim a car as a locked container - he was convicted.

I was under the impression that a trunk (as long as it's not an SUV) counted as a locked container.

Do you have a link to the case?
Was it in MA?

 

[PATRON]

An 1861 navy was shipped to me but they wouldn't ship the round balls.

Try another vendor,you will find one that will ship to you.They don't even fall under Ord. when shipping.

 

[Lank]

Is a pickup truck with a rifle rack on the rear window considered "an enclosed case"? That's how I used to carry my shotgun around in 1977ish time. [emoji41]


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I used to see this into the late 1990's up in NH.

 

[Len-2A Training]

I was under the impression that a trunk (as long as it's not an SUV) counted as a locked container.

Do you have a link to the case?
Was it in MA?

On phone right now sk no references available. It was the CO case. Locked trunk OK, but locked passenger area is not OK.

 

[JAD]

On phone right now sk no references available. It was the CO case. Locked trunk OK, but locked passenger area is not OK.

I believe that the topic has actually come up multiple times. However, one of the more recent cases is Commonwealth v. Amaury Reyes (464 mass 245). Factually, Reyes stored his firearm in the glove compartment ("an unlocked container") The SJC upheld Reyes' conviction for improper storage (MGL c. 140 s. 131L). Though his counsel, Reyes asserted that the statutes were void for vagueness and violated rights protected under the 2d / 14th amendments of the federal constitution. The SJC refused to consider the 2d amendment claim. The court did address the vagueness claim. In upholding that the law did sufficiently proscribe the manner in which weapons (I'm using that word in the c. 140 sense) should be stored, referencring previous case law as well as the specific verbiage of the storage statute, Massachusetts statutes and regulations regarding Basic Firearm Safety courses, and the requisite Attorney General's warning. Two of the cases cited include Commonwealth v. Parzyck as well as an earlier case from Connecticut, which has a storage statute [though its scope is very different from Mass'] (State v. Wilchinski). From those cases the SJC described the statute's purpose, to protect children and the unresponsible from unsecured firearms. The court also emphasized the legislatures choice of the word secure in drafting the statutory text and referenced from Parzyck that a motor vehicle was not sufficiently secure since a door lock "was easily defeatable by using "bobby pin" did not prevent access to unauthorized persons other than owner and therefore was "not secure". To meet the standard of secured, a lock should "....[FONT=Verdana, sans-serif]deter all but the most persistent from gaining access." In rebutting Reyes' vagueness claim, the court also referenced the requirements described in federal statutes. [/FONT]

 

[Len-2A Training]

JAD,

Basically correct but you are confusing cases (easy to do). Parzyck was a bedroom door lock (cheesy type used on bathrooms), not a car door. Reyes was the car case where (likely because glass windows) they convicted on illegal storage. The issue of whether or not the glove box was locked wasn't addressed in the case (Reyes claims it was locked, police claim it wasn't).

 

[JAD]

JAD,

Basically correct but you are confusing cases (easy to do). Parzyck was a bedroom door lock (cheesy type used on bathrooms), not a car door. Reyes was the car case where (likely because glass windows) they convicted on illegal storage. The issue of whether or not the glove box was locked wasn't addressed in the case (Reyes claims it was locked, police claim it wasn't).

You're right Parzyck was a bedroom, not a car.

Regarding the glove compartment- the appellate court and SJC worked from a factual perspective that the glove compartment was unlocked.

The other interesting thing with Reyes is that the original complaint also charged him with improper carry in a motor vehicle- though that charge was thrown out by the District Court due to insufficient evidence. Reyes claimed to have traveled to the HOC where he worked with the firearm holstered and that he subsequently stored it in the glove compartment because when he went to get a gun locker key prior to entering the facility, he was informed that all were full. While on shift, Internal Affairs confronted him about the firearm.

Given Parzyck, I doubt that lock-status of the glove compartment would have have a difference. Those can typically be popped with minimal effort. Though my Subaru uses a car key to actuate the glove compartment lock, a burglar was able to pop-it (without damage) easily enough and steal a multi-tool I had stored in there. (My assumption is that they were hoping to find a GPS- they got one from my brother's glove box and hit his several more times- hoping a replaced it and decided to "secure" it similarly.

 

[rlee]

Isn't the locked container also supposed to prevent driver/passenger access to the gun?

 

[mac1911]

Bass pro usually has some as does cabela and kittery.
Unless your after something special or unique to one vendor.

 

[sig shooter]

I was under the belief that primitive firearms were not subject to storage laws? Also, not subject to transport laws, as long as they were unloaded and cased?

 

[MisterHappy]

Isn't the locked container also supposed to prevent driver/passenger access to the gun?

The Mass laws are not intended for "security" per se but for "safe storage". That's why a large cap handgun, with a trigger lock, on a coffee table is lawfully stored at a cocktail party filled with strangers.

Don't look for rationality in the MGLs.