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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).
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.
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.
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.
An 1861 navy was shipped to me but they wouldn't ship the round balls.
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]
Sent from my iPhone using Tapatalk
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,
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).
Isn't the locked container also supposed to prevent driver/passenger access to the gun?