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MOVING to Massachusetts? Read Here First!

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Mod: If you like this one, please sticky it. Seems that we get people moving to MA, despite all the warnings, every week.

So, for some reason you've decided to move to Massachusetts. As you may find on a search, this is highly discouraged by many people living here or people who have escaped this state. However, you've decided that you need to move here anyway for work, school, or whatever. You're wondering what you need to do to be able to own firearms in MA, what guns you can and can't bring, etc. Here's the rundown.

Moving with firearms.

This will come as a shock to many, but you must have a license to own any firearms, ammunition (including components) and large capacity magazines. In MA, there is the FID, which is shall-issue but only allows you to own low-capacity rifles and shotguns, and the LTC-B and A. Forget the B, it's useless. Go for the A, as it costs the same as the two other licenses and lets you own everything MA legal (the others don't) except machine guns, plus allows concealed carry if unrestricted.. So, getting one is your first priority on moving.

You can bring your firearms with you when you move, and this may be desirable as this is the only way you can get your firearms into the state without having to file registration forms on them once they're here. Bring them with you, immediately lock them up on arriving, and then start the LTC process. You have 60 days to apply for your license from the time you move in with firearms, but you want to do it as fast as possible so you can receive it within that 60 days.

As soon as you arrive, go to the RMV, get your car registration and license switched, and send in a voter registration, set up utilities and update your bank statements to your MA address. This should be enough to prove residency so you can start the application process with your town's PD.

If you choose to leave your firearms and bring them later, you will need to file an FA-10 form with the Criminal History Systems Board for each firearm brought in later (plus any firearms you buy in MA). These forms can be obtained from your local PD.

Most people will argue that you should move to a "Green" town, or one that is known to issue unrestricted licenses to carry. This is a good idea.

Also, if you have any criminal record or the like and are unsure if it will affect your suitability for a license (Massachusetts is shall issue on FIDs for low-capacity long guns and shotguns, but "may issue" based on suitability for licenses to carry (large capacity long guns and all handguns), make sure to consult with a qualified attorney who is expert on firearms matters. Forum members Cross-X, jcohen, and Scrivener (who is on vacation) are some of the best firearms lawyers in the state.

What Can I Bring?

There are a few classes of firearms that are not allowed in Massachuetts. So called "assault weapons," which have the same definition as under the old, expired Federal Assault Weapons Ban, cannot be brought in unless they were in AW configuration before 9/13/1994.

Thus, using an AR-15 as an example, your rifle has to have been a preban receiver with bayonet lug, flash hider, folding/collapsible stock, grenade launcher, or a threaded muzzle, etc made before that date to be legal in MA. If it was manufactured after that date, you'll have to cut off the bayonet lug, permanently pin any collapsible stock, and remove the flash hider and threads or permanently cover the threads with a muzzle brake. This also goes for any other rifles, such as post-ban AKs, which may have these features.

Basically, for a rifle with a detachable magazine or fixed magazine holding over ten rounds, (other than a fixed, tubular magazine .22 rifle), you can have one of the following: Pistol grip, flash suppressor, threaded muzzle or flash suppressor, collapsible/folding stock, bayonet lug, grenade launcher.

Also, you can't bring post-ban "assault pistols" that weigh over 50 ounces. Thus, without massive surgery, AR pistols and the like are out.

Certain classes of semiautomatic shotguns are also covered.

Violation of the above is a felony.

Other than that: Boston has a ban on the FN 5.7 pistol, SW500 revolver, Barrett .50BMG, and its own assault weapons ban that is more restrictive in certain ways (NO AR-15s, FALs, AKs, SKSs, period), as well as a ban on possessing any long gun magazines holding over ten rounds or shotgun mags holding more than 6 shells. This is a "home rule" regulation that only applies to residents of Boston, according to a vacationing attorney.

That's pretty easy to comply with. However, possession of large capacity magazines made after 9/13/1994 is a straight felony. There are ways to tell with some mags, others may be more difficult to tell. Do a search and you'll come up with some hits on how to identify some mags as pre-ban. If you have any newer mags, you'll have to sell them before you come, or leave them with someone, and buy ten rounders.

Now, you'll read some stuff about MA compliance. For guns you're bringing in, other than the above notations for "assault pistols", this does not affect what you can bring. MA compliance applies only to handguns sold to you by a Massachusetts FFL dealer, not to guns you already own and are bringing in, nor to guns you may purchase privately once you arrive in MA. For more information, do a search, this is covered on almost a daily basis. Basically, don't worry about it, you can bring your handguns in (although you may not bring any post-9/13/1994 magazines as noted above.

What to do once I get here?

Make sure you're an NRA member and a member of the Massachusetts GOAL (Gun Owners Action League). Make no mistake, the Massachusetts government has very little respect for your gun rights, with the exceptions of a minority of state reps and senators. Everyone needs to contribute.

Join a gun club. Some PDs will require you to join one anyway, but there are a LOT of very nice clubs in MA. You'll meet some great people.

Become a subscribing NES "Green" member. You'll get a lot of discounts, opportunities at group buys, NES shoots, and will help support this site.

Most of all, use the "search" function to help find answers to your specific questions. NOTE: The search function requires the query to contain at least four letters. Remember that all advice given here on the forum is subject to your own verification, and that with the exception of a few, none of us are lawyers and will not be held responsible if you don't understand something correctly. If you still have questions, contact a qualified attorney.
 
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That's a good post, man. I moved here about a year ago. I was fortunate to get some good advice from some knowledgable people here before moving, but this would have been a handy reference.

Kudos.
 
good info. have to pass it along to a lady friend of mine that is moving here. :)

i do have a couple of questions though. when she brings in her pistols, is she required to fill out a FA-10 regardless of when she crosses the line with them? and can she keep them locked up in my safe until she gets her LTC?
 
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...when she brings in her pistols, is she required to fill out a FA-10 regardless of when she crosses the line with them?...

If she brings them with her when she moves, a FA-10 is not required. Be sure to advise her to not bring any "large capacity" magazines (10+ rounds) with her that were manufactured after 9/13/94, as they are a felony to possess.

...and can she keep them locked up in my safe until she gets her LTC?

Yes, providing you are appropriately licensed.
 
thank you Kevlar. :)

if she ends up selling any of her guns, are there any restrictions? or can they be on a FA-10/through a FFL?
 
IBe sure to advise her to not bring any "large capacity" magazines (10+ rounds) with her that were manufactured after 9/13/94, as they are a felony to possess.

NOT correct. Ten-rounders are fine; it is post-ban mags IN EXCESS of ten rounds capacity that are forbidden, regardless of the license held.
 
thank you Kevlar. :)

if she ends up selling any of her guns, are there any restrictions? or can they be on a FA-10/through a FFL?

No restrictions on FA-10 sales (other than the buyer being appropriately licensed). The only FFL restrictions are that they won't be able to transfer "non-compliant" handguns.

NOT correct. Ten-rounders are fine; it is post-ban mags IN EXCESS of ten rounds capacity that are forbidden, regardless of the license held.

Scriv, isn't "10+" in excess of 10 rounds? [smile]
 
Scrivener is entirely correct, and Kevlar is correct on every point except for the one which Scrivener so eloquently corrected.

Remind your friend that she can only sell four firearms per FTF sales, so if she does intend to sell her non-compliant guns, she should keep those transfers open for those specific handguns.
 
thank you all for your help. i made it plain to her about the hi-cap/pre-ban restrictions. i also encouraged her to stay in NH. lol.

i just wanted to be clear with her and give her the right answers. once again, thank you all. :)
 
If you choose to leave your firearms and bring them later, you will need to file an FA-10 form with the Criminal History Systems Board for each firearm brought in later (plus any firearms you buy in MA). These forms can be obtained from your local PD.
Is there any time limit as to when you can bring them?

A coworker of mine has a lot of guns that he left at his mother's house when he moved here 4 years ago. He now decided he is going to take the gun course and get his license, but only if he can bring his guns up here.
 
No time limit. Just need to register each one (not brought with him when he moved to PRM) on an FA-10. NO guns can be in evil AW configuration unless they were built in AW configuration PRIOR to 9/13/1994. Similarly no mags with >10 rd capacity unless they were made pre-9/13/1994.
 
I have a quick followup question: I fall into the "fill out the FA-10 after getting LTC in MA" category. However, I have three guns that were originally bought by me in MA on FID and LTC before I moved out of state, (1998-2001 timeframe). Do I need to re-register these three? Thanks.
 
I have a quick followup question: I fall into the "fill out the FA-10 after getting LTC in MA" category. However, I have three guns that were originally bought by me in MA on FID and LTC before I moved out of state, (1998-2001 timeframe). Do I need to re-register these three? Thanks.

If you brought your firearms with you when you moved here, you are not required to file any FA-10 forms.

If you moved here without your firearms, and brought them into the state at a later date, you must file a FA-10 form for each firearm within 7 days of it entering the state.
 
Suppose someone brings a handgun into MA when they move here. By law, he has 60 days to get an LTC. Let's say he knows it will take more than 60 days to get an LTC (lives in Boston). If he can get a friend (who has a Class A) to hold onto the gun, do they need to fill out an FA-10? Even if the friend is just holding onto the gun until the owner gets his LTC?
 
Suppose someone brings a handgun into MA when they move here. By law, he has 60 days to get an LTC. Let's say he knows it will take more than 60 days to get an LTC (lives in Boston). If he can get a friend (who has a Class A) to hold onto the gun, do they need to fill out an FA-10? Even if the friend is just holding onto the gun until the owner gets his LTC?

Perfectly legal and no FA-10 needed.
 
Suppose someone brings a handgun into MA when they move here. By law, he has 60 days to get an LTC. Let's say he knows it will take more than 60 days to get an LTC (lives in Boston). If he can get a friend (who has a Class A) to hold onto the gun, do they need to fill out an FA-10? Even if the friend is just holding onto the gun until the owner gets his LTC?

Boston is relatively efficient with their applications, usually takes about 4-6 weeks (which beats many of the towns I've seen). The advantage of having a full department dedicated to licensing.
 
By law, he has 60 days to get an LTC. Let's say he knows it will take more than 60 days to get an LTC

I moved to MA last year. One thing I did to speed the process is to take the required handgun safety course before I moved here. I scheduled a househunting trip around the course.

Other delays you'll encounter: You must get your MA driver's license before applying for the LTC. That takes 1 trip to the RMV and the temporary license they give you is OK. But, to get the DL you'll need to prove residency. That takes a utility bill, signed rental lease from your home or something else the RMV will accept.

I live in a gun-friendly town, but my LTC took 55 days. I was sweating.
 
Suppose someone brings a handgun into MA when they move here. By law, he has 60 days to get an LTC. Let's say he knows it will take more than 60 days to get an LTC (lives in Boston). If he can get a friend (who has a Class A) to hold onto the gun, do they need to fill out an FA-10? Even if the friend is just holding onto the gun until the owner gets his LTC?

It's very important that a new resident moving to MA get their guns out of their possession if a license hasn't been issued within 60 days. When the 60 days is up, they'll be in violation of MA gun laws, and if convicted they will be ineligable for a MA LTC for the rest of their life. I explained it in the thread that I'm posting a link to below.

New residents/heirs not getting licensed soon enough

(In this section I'm referring to MGL 269-10(h)(1) which I quoted in the above section on pepper spray)

AIf a new resident moves to MA, they are only exempt from licensing for 60 days under MGL 140-129C(j), and if a gun owner dies, their heir or legatee is only exempt from licensing for 180 days under MGL 140-129C(n). Even if the licensing authority takes their sweet time issuing an LTC/FID, this law still applies. [shocked]
 
GSG is correct - you only have those 60 days. If you can prove that you've applied, I doubt they'll be able to get any sort of conviction on you in any reasonable court (even in MA), but there will always be the suitability issue.
 
While it's always nice to be safe, this is one where asking the licensing authority when you apply for your LTC can help. A lot of the more reasonable towns will tell you that you're OK if you leave the guns at home until your license comes in. Since they're the ones who would be enforcing the laws, I'd take their word for it. If the don't give a completely positive response to your question, then make sure to cover your ass.

Ken
 
If you can prove that you've applied, I doubt they'll be able to get any sort of conviction on you in any reasonable court (even in MA), but there will always be the suitability issue.

I agree, but if one stumbled into the perfect storm scenario of grumpy cop/grumpy judge, the conviction would result in no LTC ever and a 5 year wait for an FID, with no legal gun ownership in between.

While it's always nice to be safe, this is one where asking the licensing authority when you apply for your LTC can help. A lot of the more reasonable towns will tell you that you're OK if you leave the guns at home until your license comes in. Since they're the ones who would be enforcing the laws, I'd take their word for it. If the don't give a completely positive response to your question, then make sure to cover your ass.

Ken

Just so that people are clear, the local licensing authority isn't the only LE agency who will be enforcing the laws. In a lot of smaller towns in MA the local PD processes LTC's, but they only work patrol a set number of hours per week; the rest of the hours of the week the State Police respond to 911 calls for the town, because the locals aren't on duty. There's also situations where other LE agencies could be interacting with these people, such as regional task forces, mutual aid, follow up interviews/investigations, etc. Chances are the local PD who's the licensing authority will be the only LE agency interacting with them with their guns in their house, but I think it's important that people are aware that there may run into a situation where that's not the case.

Scriv recently suggested the following when someone moves into Mass. with guns:

3. File for your LTC/A as soon as you move in. Keep copies of all your app paperwork, get a copy of the MIRCS version before you leave the station and pay by check.

That way if you run out of time and they try to file charges or something you'll have your good faith effort documented. It's not much, but like vellnueve said, it should probably sway a reasonable cop and/or a reasonable judge.
 
Where is the law about, "Also, you can't bring post-ban "assault pistols" that weigh over 50 ounces." and where is the definition of a 50 oz assault pistol? Heck, isn't a fully loaded P-14 over 50 oz? It has no bayo lug or threaded barrel... LOL

Just wondering...
 
Where is the law about, "Also, you can't bring post-ban "assault pistols" that weigh over 50 ounces." and where is the definition of a 50 oz assault pistol? Heck, isn't a fully loaded P-14 over 50 oz? It has no bayo lug or threaded barrel... LOL

Just wondering...

AWB features on guns isn't my strong suit, but I believe this stems from an important issue with MGL 140-131m; the important parts that define identifying certain specifics of the guns wasn't adopted into the MGL's, so gun owners in Mass. make educated guessses as to what's legal based on lessons learned during the 94 AWB.

If I'm wrong here others can feel free to tear me to internet pieces. [wink]
 
It's actually in 18 USC 921 (a) (30) (C) (iv) as it existed on 9/13/1994 and then incorporated into MGL Ch. 140 S. 121 (definitions).
 
so it looks like i am out of luck? i received a premise license when i was living in NYC where i bought my pistol. i moved to Boston a year ago and had my gun in storage in the back of my closet. never took it out. totally forgot about it. did i basically screw myself in not applying within 60 days? thanks in advance.

chris
 
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