Trying to Decipher Semi-Autos for FID Card Holders (Chapter 135)
Residents Only
We continue to try to decipher the Devil’s Snare (Chapter 135) with little to no answers coming from the State. One subject GOAL constantly gets questions on is the use/possession of semi-automatic firearms when it comes to FID Card holders. Remember that any reviews GOAL produces cannot be considered legal advice.
As we tear through this, keep in mind that the more specific section of law takes precedence.
One of the biggest problems with deciphering this particular piece of the Massachusetts gun law enigma is that one has to refer to several sections of law. (We can’t provide links to the laws since the legislature has not posted the individual sections yet.)
The primary sections are Chapter 140, Section 129B (FID Cards), Section 129C (Exemptions), and Section 130 ½ (Furnishing to minors).
We begin with the FID Card language in Section 129B:
“A firearm identification card shall entitle a holder thereof to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic…”.
Then it goes on:
“…except under the direct supervision of a holder of a license to carry firearms at an incorporated shooting club or a licensed shooting range.”
It appears that an FID Card holder can use semi-autos at clubs with LTC supervision, but what about hunting?
Let’s check out Section 130 1/2.
“… it shall be lawful to furnish a firearm to a minor for hunting, recreation, instruction and participation in shooting sports while under the supervision of a holder of a valid firearm identification card or license to carry appropriate for the firearm in use; provided, however, that the parent or guardian of the minor granted consent for such activities.”
A few things here. 130 ½ specifically utilizes the term “minor” not FID Card holder. Does that mean when it comes to semi-autos that this section only applies to minors without an FID Card. Keeping in mind that anyone over the age of 15 can have an FID Card, it gets more complicated because it does not provide a definition of minor.
Further, it does not mention semi-autos where Section 129B is very specific to that restriction.
Let’s take a look at the exemptions in Section 129C:
“(g) A person may furnish a minor or person under 21 years of age with a firearm and ammunition for hunting, instruction, recreation and participation in shooting sports provided that the person furnishing the firearm and ammunition holds the appropriate license, permit or card…”
This exemption pretty much mirrors Section 130 ½ and uses the same terminology potentially leaving out FID Card holders. It also does not mention semi-autos.
Clear as mud!
Residents Only
We continue to try to decipher the Devil’s Snare (Chapter 135) with little to no answers coming from the State. One subject GOAL constantly gets questions on is the use/possession of semi-automatic firearms when it comes to FID Card holders. Remember that any reviews GOAL produces cannot be considered legal advice.
As we tear through this, keep in mind that the more specific section of law takes precedence.
One of the biggest problems with deciphering this particular piece of the Massachusetts gun law enigma is that one has to refer to several sections of law. (We can’t provide links to the laws since the legislature has not posted the individual sections yet.)
The primary sections are Chapter 140, Section 129B (FID Cards), Section 129C (Exemptions), and Section 130 ½ (Furnishing to minors).
We begin with the FID Card language in Section 129B:
“A firearm identification card shall entitle a holder thereof to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic…”.
Then it goes on:
“…except under the direct supervision of a holder of a license to carry firearms at an incorporated shooting club or a licensed shooting range.”
It appears that an FID Card holder can use semi-autos at clubs with LTC supervision, but what about hunting?
Let’s check out Section 130 1/2.
“… it shall be lawful to furnish a firearm to a minor for hunting, recreation, instruction and participation in shooting sports while under the supervision of a holder of a valid firearm identification card or license to carry appropriate for the firearm in use; provided, however, that the parent or guardian of the minor granted consent for such activities.”
A few things here. 130 ½ specifically utilizes the term “minor” not FID Card holder. Does that mean when it comes to semi-autos that this section only applies to minors without an FID Card. Keeping in mind that anyone over the age of 15 can have an FID Card, it gets more complicated because it does not provide a definition of minor.
Further, it does not mention semi-autos where Section 129B is very specific to that restriction.
Let’s take a look at the exemptions in Section 129C:
“(g) A person may furnish a minor or person under 21 years of age with a firearm and ammunition for hunting, instruction, recreation and participation in shooting sports provided that the person furnishing the firearm and ammunition holds the appropriate license, permit or card…”
This exemption pretty much mirrors Section 130 ½ and uses the same terminology potentially leaving out FID Card holders. It also does not mention semi-autos.
Clear as mud!
