Travel from NH to MA to NH

[JK1320]

So here is a hypothetical question for some people that know much better than I do.

I currently live in Salem, NH but work in Lawrence, MA. Tomorrow I am planning on heading to my parents in Keene, NH and I was planning on leaving directly from my office.

The thinking of course that I would bring my guns with me as I will be doing shooting back in Keene, but then this morning I had a ??? moment when I realized I bet I can't do that.

Specifically I will have a M&P 9mm (17 round mags) and a Mossberg 590A1 (8+1). Assuming I lock the guns up in some kind of way and do not have any mags or guns loaded, is there anyway that would be okay to do? I know there is some law about travel through a state, which technically speaking I guess this would be, but because I am going to be at my office for most of the day in Lawrence I have no idea if this is okay to do or is something that could land me in jail in some crazy fashion should the Police stop me or something.

Any help with this one? I was hoping to avoid having to drive back to Salem at the end of the day, but if it is my only choice then it will have to be done.

Thanks!

 

[joeendris]

IANAL: FOPA protects you enroute, but if you stop, it can be determined that Lawrence, in your case, was your destination, and not, in fact, Keene.

Leave them home, take the extra trip. Aggravating yes, but jail and dealing with the cops over a legal issue would be even worse....

 

[Dench]

the mag is illegal in MA.

 

[FreeWillie]

Are you legal to posses in both states?

 

[drgrant]

If you don't have an MA nonres LTC (and if you did, you probably never would have posted this, so that's a given) you're pretty much toast. If I was in your shoes I'd be driving back, it's not really that far anyways compared to the total time it's going to take you to get out to Keene, which is in west bumf....

-Mike

 

[je25ff]

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

 

[FreeWillie]

the mag is illegal in MA.

It's illegal if it's post band. Pre-ban no problem. I have tons of preban 17 round mags that are perfectly legal in MA.

Please disregard! I see it's an M&P and I don't think there are any prebans for that pistol. I got to get away from the Glock mindset.

 

[atilla]

It's illegal if it's post band. Pre-ban no problem. I have tons of preban 17 round mags that are perfectly legal in MA.

no pre-ban mags exist for a M&P.

store it in a bush outside work. it will be there when you return.

 

[ShadeWPI]

Unless you have a Mass Non-Resident LTC, posession of both would likely be deemed illegal.

FOPA would protect you for "reasonable" stops, but I think you'd find it difficult to argue that stopping for a full day of work was a reasonable stop "enroute" to Keene.

As Dench points out, the M&P 17rd magazine is unlawful in MA even with an LTC since it is a ammunition feeding device with greater than 10rd capacity and was manufactured after Oct 13, 1994.

Leave them at home and go home before your trip to Keene. While it's highly unlikely that you'd get caught, getting caught would likely result in extended jail-time and loss of your right to posess firearms.

In the future, you may wont to consider applying for a non-resident LTC-A in MA and a couple of 10rd mags for your M&P.

 

[Jose]

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

A) Why are you not bringing your pistol? You do not need any license of any sort to possess a handgun in NH, nor to open carry it outside of your vehicle.

B) Why don't you have a non-resident NH pistol & revolver license? It's $100 well spent since you then can carry a loaded pistol concealed on your person (instead of having to carry it loaded and openly) and you can also carry the handgun loaded in your vehicle instead of having to unload it every time you get back in the car.

C) Why are you not bringing the shotgun? You do not need a license to possess long guns in NH.

D) Why do you want to have the shotgun in a locked container? NH has nothing even remotely similar to your state's retarded storage and transport laws. Throw it in the back seat in a soft case for all NH cares.

 

[soam]

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

Yes.

It's illegal if it's post band. Pre-ban no problem. I have tons of preban 17 round mags that are perfectly legal in MA.

All M&P mags are post-ban.

So here is a hypothetical question for some people that know much better than I do.

I currently live in Salem, NH but work in Lawrence, MA. Tomorrow I am planning on heading to my parents in Keene, NH and I was planning on leaving directly from my office.

The thinking of course that I would bring my guns with me as I will be doing shooting back in Keene, but then this morning I had a ??? moment when I realized I bet I can't do that.

Specifically I will have a M&P 9mm (17 round mags) and a Mossberg 590A1 (8+1). Assuming I lock the guns up in some kind of way and do not have any mags or guns loaded, is there anyway that would be okay to do? I know there is some law about travel through a state, which technically speaking I guess this would be, but because I am going to be at my office for most of the day in Lawrence I have no idea if this is okay to do or is something that could land me in jail in some crazy fashion should the Police stop me or something.

Any help with this one? I was hoping to avoid having to drive back to Salem at the end of the day, but if it is my only choice then it will have to be done.

Thanks!

FOPA (the law you are referring to that allows "safe passage") only covers brief stops (food, gas) while traveling through a state when both your origin and destination are states where you're "legal", so to speak. Unfortunately, your day at work probably doesn't count as a "brief stop", which means all MA laws apply (including the AWB). Unfortunately, you'll need to leave your stuff in NH and go back to get it after work.

 

[FreeWillie]

no pre-ban mags exist for a M&P.

store it in a bush outside work. it will be there when you return.

Yep you're right. I'm wrong. don't do the bush thing though, it won't turn out well.

 

[Madball13]

Unless i am carrying everything in my truck is locked up in a case and if i get pulled over i have no reason to inform the cop of anything in the truck.

Lock everything in a case in your trunk.

 

[drgrant]

Whether the mags are pre or post ban is nowhere near his biggest problem guys. The fact that he has no MA LTC and has guns is. If he was caught with his pants down they aren't even going to bother with an AWB charge, they would have enough on the handgun, LCAFD w/o a license, and ammo alone to put him in a world of hurt.

-Mike

 

[mousegunfan]

It's illegal if it's post band. Pre-ban no problem. I have tons of preban 17 round mags that are perfectly legal in MA.

Please disregard! I see it's an M&P and I don't think there are any prebans for that pistol. I got to get away from the Glock mindset.

He stated it was an M&P 9mm, no preban mags for that gun. OP, why not get a non resident ltc, you come to MA every day.

Edit: Never mind, by the time I wrote this it was corrected.

 

[ShadeWPI]

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

In NH, you do not need a license to carry an unloaded firearm in a vehicle. As long as its unloaded and you're legal to have it in MA, you're ok in NH.

BTW, you could also carry an unloaded firearm concealled or a loaded firearm openly in NH without a New Hampshire Pistol & Revolver license. Alternately, you could apply for a non-resident Pistol & Revolver licence to carry your pistol loaded in your car or concealled while shopping in NH.

 

[soam]

Whether the mags are pre or post ban is nowhere near his biggest problem guys. The fact that he has no MA LTC and has guns is. If he was caught with his pants down they aren't even going to bother with an AWB charge, they would have enough on the handgun, LCAFD w/o a license, and ammo alone to put him in a world of hurt.

-Mike

I'm sorry, what? I can't see this forest you're talking about, all the damn trees are blocking my view.

 

[ShadeWPI]

D) Why do you want to have the shotgun in a locked container? NH has nothing even remotely similar to your state's retarded storage and transport laws. Throw it in the back seat in a soft case for all NH cares.

Heck, pick up a gun rack and hang it in full view of the rear window for all the state cares.

(Not actually advocating leaving a shotgun in plain view while parking your car at a shopping center near the NH/MA border, just pointing out that there is no LEGAL issue with doing so. Broken rear window and stolen shotgun is a seperate issue altogether)

 

[drgrant]

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

There is no issue, that's fine, you don't even need the locked container, it just has to be unloaded, that's all.

-Mike

 

[Len-2A Training]

Are you legal to posses in both states?

He can't be! See below.

I have a similar issue. I live in MA and shop in Nashua frequently. I don't bring my pistol, but would like to bring my shotgun locked in a container in my trunk, unloaded when going to NH. Is that kosher?

You can transport ANY gun in NH w/o any license. License in NH is ONLY needed for concealed carry of a handgun (or carrying of a loaded handgun in a vehicle). Lock them up in the trunk and you are GTG wrt NH.

Unless you have a Mass Non-Resident LTC, posession of both would likely be deemed illegal.

FOPA would protect you for "reasonable" stops, but I think you'd find it difficult to argue that stopping for a full day of work was a reasonable stop "enroute" to Keene.

As Dench points out, the M&P 17rd magazine is unlawful in MA even with an LTC since it is a ammunition feeding device with greater than 10rd capacity and was manufactured after Oct 13, 1994.

Leave them at home and go home before your trip to Keene. While it's highly unlikely that you'd get caught, getting caught would likely result in extended jail-time and loss of your right to posess firearms.

In the future, you may wont to consider applying for a non-resident LTC-A in MA and a couple of 10rd mags for your M&P.

Not exactly how FOPA is worded or current case law (from NJ )! The ONLY stops you can make under FOPA in "unfriendly states" (MA over-qualifies for this) is for gas/bathroom/quick meal enroute between states where you would be legal. No way in hell, stopping at work in MA would fly. You totally blow FOPA with that as your trip legally is from NH to MA (illegal) and then from MA (illegal) to NH!

Unless i am carrying everything in my truck is locked up in a case and if i get pulled over i have no reason to inform the cop of anything in the truck.

Lock everything in a case in your trunk.

REAL BAD ADVICE!

Murphy has a way of biting people in the ass when least expected. Get in an accident, get stopped for anything and police order a tow and you are subject to a "police inventory", even get rescued by an off-duty police officer (happened to me on Rte. 128 on night when front end let go on my car) and you could be looking at a jail sentence and tens of thousands of dollars in legal fees, plus PP for life! Just not worth the risk.

 

[appraiser]

Hell I can't go from my house to certain parts of Salem NH without going the long way around to avoid crossing into MA in transit.

 

[je25ff]

A) Why are you not bringing your pistol? You do not need any license of any sort to possess a handgun in NH, nor to open carry it outside of your vehicle.

B) Why don't you have a non-resident NH pistol & revolver license? It's $100 well spent since you then can carry a loaded pistol concealed on your person (instead of having to carry it loaded and openly) and you can also carry the handgun loaded in your vehicle instead of having to unload it every time you get back in the car.

C) Why are you not bringing the shotgun? You do not need a license to possess long guns in NH.

D) Why do you want to have the shotgun in a locked container? NH has nothing even remotely similar to your state's retarded storage and transport laws. Throw it in the back seat in a soft case for all NH cares.

Awesome. Thanks, dude!

 

[drgrant]

REAL BAD ADVICE!

Murphy has a way of biting people in the ass when least expected. Get in an accident, get stopped for anything and police order a tow and you are subject to a "police inventory", even get rescued by an off-duty police officer (happened to me on Rte. 128 on night when front end let go on my car) and you could be looking at a jail sentence and tens of thousands of dollars in legal fees, plus PP for life! Just not worth the risk.

Len, I agree, but.... the fact is, his advice on its face is not bad. Being 4th amendment savvy is important, but it's still doesn't take the place of having an LTC (stay out of jail card). It is worth noting that a substantial amount of illegal/unlawful possession cases in MA are all based on situations where shoddy storage was pretty apparent.

-Mike

 

[Jose]

You can transport ANY gun in NH w/o any license. License in NH is ONLY needed for concealed carry of a handgun (or carrying of a loaded handgun in a vehicle). Lock them up in the trunk and you are GTG wrt NH.

Locking them up in the trunk is completely optional in NH. Please quit implying that such is required.

 

[JK1320]

Well as I expected I will be circling back through NH to get the guns haha. Thanks for the help everyone, I just had a feeling it would be that way.

That being said, I know if I take the highway I actually end up back in MA for a short while versus going north on 28 to 101A. If I get on 93N it actually starts in MA, but I am guessing at that point if I was really headed directly to the Keene area I would be covered by the traveling laws. I do plan and will be applying for a non-res LTC for MA so I could take the shotgun if I so pleased or go another handgun not considered illegal in MA. Confirms the fact I am glad I made the move to NH rather than staying in Mass.

Better safe than sorry, 15 minutes of trip time isn't worth fines and potential jail etc. Thanks a lot Mass!

 

[ShadeWPI]

JK,

The handgun isn't illegal, it's the "large capacity ammunition feeding device" (LCAFD) that can provide more than 10rd of ready ammunition for the gun that's illegal. You can get a hamstrung 10rd magazine for it, or look into another model that offers a 17rd magazine that was manufactured before Oct 13, 1994 (like a glock 17)

 

[drgrant]

JK,

The handgun isn't illegal, it's the "large capacity ammunition feeding device" (LCAFD) that can provide more than 10rd of ready ammunition for the gun that's illegal. You can get a hamstrung 10rd magazine for it, or look into another model that offers a 17rd magazine that was manufactured before Oct 13, 1994 (like a glock 17)

You guys don't get it, do you. HE HAS NO LICENSE in MA. The AWB is the -LEAST- of his worries.

These AWB posts are like telling a guy carrying a handgun into NY that he has to be concerned about his can of OC because it might not meet their bizarre state standard for OC.

-Mike

 

[Madball13]

REAL BAD ADVICE!

Murphy has a way of biting people in the ass when least expected. Get in an accident, get stopped for anything and police order a tow and you are subject to a "police inventory", even get rescued by an off-duty police officer (happened to me on Rte. 128 on night when front end let go on my car) and you could be looking at a jail sentence and tens of thousands of dollars in legal fees, plus PP for life! Just not worth the risk.

How so, if i get stopped for running a stop sign how is it possible i will get towed or a cop is snooping around in my trunk?

 

[ShadeWPI]

You guys don't get it, do you. HE HAS NO LICENSE in MA. The AWB is the -LEAST- of his worries.

These AWB posts are like telling a guy carrying a handgun into NY that he has to be concerned about his can of OC because it might not meet their bizarre state standard for OC.

-Mike

Mike,

I do get it. I was responding to his previous post:

I do plan and will be applying for a non-res LTC for MA so I could take the shotgun if I so pleased or go another handgun not considered illegal in MA.

Pointing out that it's not the gun that's illegal, but the magazine. And once he has his LTC, he doesn't need another gun, only an alternate magazine. His prior post (immediately above mine) demonstrates that he KNOWS that he needs an LTC already, no need to keep beating that dead horse.

 

[ShadeWPI]

How so, if i get stopped for running a stop sign how is it possible i will get towed or a cop is snooping around in my trunk?

The question isn't how it would happen, but rather do you really want to risk your future ability to legally posess a firearm that he wont find some excuse or a two-years, hundred-thousand dollar 4th amendment battle to reclaim your firearms if he conducts an illegal search?

Not to mention, that if you get rear-ended by some idiot on the highway and it pops your trunk latch, he'll likely have all the probable cause he needs when he responds to the accident.