• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

MOVING to Massachusetts? Read Here First!

GBMaryland said:
Lastly, I've got a ton of Colt PreBan 20 round mags (not to mention an insane number of 10 round mags in general)... but those aren't stamped with a date code... what's the deal with handling that?

I'm considering sealing all of my post-ban magazines in permanently sealed platic bags, and then sending them to myself at my in-laws house in NH and telling them to never open the box. I assume that will not violate any laws that anyone is aware of??

Oh, and how does the State of MA feel about laser aiming devices, PVS-14s, PVS-24s, Thermal sights, and so on... yeah, I'm probably better armed than many police departments. ...but around here you can actually use the stuff.

GB
Click to expand...
The assault weapon questions are outside what I've focused on, so I'll stick to the above...

Most magazines I've dealt with don't have date stamps. Just bring the pre-ban Colts.

Magazines are not controlled as firearms under federal law, no problem sending them to NH and no problem for ANYONE to possess them there.

Lasers and thermal optics on guns are fine here (shhhh, not so loud or we'll give them ideas!) just don't point either your lasers or your guns at aircraft, of course.

Standard disclaimer: IANAL
 
Can anyone point out to me the exact paragraph in the MGL that the seven day registration rule is found in reference to a new resident moving owned firearms in to MA at a time later that the move? I did find seven day references, but they seem to refer to reporting requirements outside of this case.

I am planning to acquaint myself even more with MGL with attending a seminar, but I thought I'd ask the forum anyways.

Thanks.
 
DMC2447 said:
Can anyone point out to me the exact paragraph in the MGL that the seven day registration rule is found in reference to a new resident moving owned firearms in to MA at a time later that the move?
Click to expand...

Here ya go...

MGL 140-128B said:
Any resident of the commonwealth who ... obtains a firearm, rifle or shotgun or machine gun from any source ... without the commonwealth ... and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the commissioner of the department of criminal justice information services...
Click to expand...

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section128B
 
Thanks Kevlar.

This Section 128B is titled "Unauthorized purchase of firearms..."

Not seeing how it applies it the gun is already owned prior to moving to MA; there is no purchase involved once one is a resident.

The "or obtains" is the word that is a gray area IMHO. To me "obtains" differs from already owned and just relocating into MA. It sounds like receiving the goods in a new ownership sense, such as someone just giving it to you or it is inherited.

I guess my interpretation is just another way to dissect the meaning... this is another section that needs to be cleaned up, don't you agree?
 
Last edited:
Where, or how, it was "obtained" is somewhat irrelevant.

The key is, as a "resident", you are "receiving it within the Commonwealth".
 
vellnueve said:
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.
Click to expand...

Trying to wrap my head around these crazy laws...Currently living in WI. This maybe a dumb question, but how are they going to know/prove when you actually brought the guns into the state? What if you did in fact bring the guns into the state later and never file FA-10 how would they know you didn't bring them when you first moved...besides it being against the law....
 
ThomasJefferson said:
Trying to wrap my head around these crazy laws...Currently living in WI. This maybe a dumb question, but how are they going to know/prove when you actually brought the guns into the state? What if you did in fact bring the guns into the state later and never file FA-10 how would they know you didn't bring them when you first moved...besides it being against the law....
Click to expand...
They won't know. Short of someone rating you out, or you posting it on the internet, I can't think of a scenario where you would get caught. The risks are low, but the penalties are so high that I wouldn't do it.
 
This is a really great thread, very helpful. Though this state has really rough laws there's something to be said for those of us who never lived outside Mass., so we don't know what we're missing. All we know is the heavy-hand of the libtard Democrats who run our corrupt state government, so we don't have to go through the shock (and legal problems) of some of the poor bastards who move here from states that are a lot more free than Massachusetts.

I know a coworker who moved to this hell-hole from down south. He and his wife didn't get the LTC appliations filed soon enough, and they kept their weapons with them (at home) ever since they moved here. Now they're in possession and they are screwed if they ever have to shoot their weapons in self-defense. I referred them to this forum, for obvious reasons, so if nothing else they can maybe find a lawyer to help them. Their guns are like hot potatoes until they get this mess fixed.
 
Last edited:
LenS said:
Perfectly legal and no FA-10 needed.
Click to expand...

Is it really that clear? If I have this right, the law states:

No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.

It seems that both ownership and possession are illegal. I am probably missing something, but once the 60 day exemption period expires, wouldn't there be a violation for owning a firearm?
 
rddy said:
It seems that both ownership and possession are illegal. I am probably missing something, but once the 60 day exemption period expires, wouldn't there be a violation for owning a firearm?
Click to expand...
Yes. The day the moving truck unloads into your house the 60 day clock starts. And all you can do with your guns is leave them in the safe. You can't take them out of the house. If you haven't obtained a license after 60 days you need to get a properly licensed person to store them for you until you get the license.

When I moved into MA I had already taken the firearms safety course so I did the permit application on day 2 of my residency. My LTC arrived on day 52. I was really starting to sweat the 60day grace period.
 
You can own them, but not possess them.
Example: you go past the 60 days and have someone who is properly licensed, take possession but you still own them. This is OK.
Example 2: you move in, and don't take guns with you. Some period of time later, you go and get them and bring them in after getting licensed, and file FA-10s for them with "register" checked. This is also OK.
 
edhead35 said:
You can own them, but not possess them.
Example: you go past the 60 days and have someone who is properly licensed, take possession but you still own them. This is OK.
Example 2: you move in, and don't take guns with you. Some period of time later, you go and get them and bring them in after getting licensed, and file FA-10s for them with "register" checked. This is also OK.
Click to expand...
Exactly, and there is a key point here.
If you bring them when you move, you don't need to register them. If move then go back and get them later you have to register them with FA-10s.
 
edhead35 said:
You can own them, but not possess them.
Example: you go past the 60 days and have someone who is properly licensed, take possession but you still own them. This is OK.
Example 2: you move in, and don't take guns with you. Some period of time later, you go and get them and bring them in after getting licensed, and file FA-10s for them with "register" checked. This is also OK.
Click to expand...

The law says "own or possess" not "own and possess" so I am trying to figure out where from where the idea that as long as you don't possess them you can still own them is coming. Is there some case law on this?
 
rddy said:
The law says "own or possess" not "own and possess" so I am trying to figure out where from where the idea that as long as you don't possess them you can still own them is coming. Is there some case law on this?
Click to expand...

Anyone? Someone must have dealt with this before to be comfortable advising people to bring guns and let someone with an LTC-A hold them until the permit is issued.

Even Part IV, Title I, Chapter 269, Section 10 refers to ownership:

(h)(1) Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph.

It seems that ownership is a violation of section 129C of chapter 140, regardless of possession. I would guess that ownership of firearms that are outside of the state would not be a violation, but I fail to see how ownership within the state, even without possession isn't a violation. Further, I would think that letting another store it for you could be viewed as a transfer, given how broadly they define transfer (gift, loan, other transfer).

I must be missing something. Have there been favorable court rulings on this?
 
GSG said:
igzolt, if I were you I'd rent some storage in NH for the gun until the LTC comes in.
Click to expand...

wow. this has totally slipped my mind for 2 years... OK. i am re-focused and still in MA. any advice on where to get a storage locker/join gun club in NH before applying for a license?

>>>

<edited>
 
Last edited:
If you move to Mass without your firearms and bring them at a later date, how would anyone prove that you didn't bring them with you when you moved here since you are not required to file FA-10 in that instance? Am I missing something?
 
Hello, I'm new to the forum and have been asked by my employer to move to Mass. for work. I find myself in a situation that wasn't covered here, and was wondering if I could get some input from those of you who know the laws in Mass. I spend 8 months out of the year living in Texas, which means I am a Texas resident, and all of my identification/etc. remains attached to my Texas address. I have a concealed carry permit, several pistols for personal protection as well as shotguns and rifles for hunting. If I am a non resident living in Mass. for 4-5 months, is going through the arduous and expensive process of getting a non-resident LTC every year the only way I can bring my guns with me?

Any advice is welcome, as these laws are particularly difficult to navigate....but I suppose that could very well be the point, huh?
 
Hi,

Moving back to MA from the west coast, driving through NY via 90, don't want to take any chance with all the firearms in the car in NY. Can I FedEx them to myself at my parents apt?

Thanks,
 
bunbut said:
Hi,

Moving back to MA from the west coast, driving through NY via 90, don't want to take any chance with all the firearms in the car in NY. Can I FedEx them to myself at my parents apt?

Thanks,
Click to expand...

Legally yes. FedEx and UPS rules say no . . . but if they accept them go for it.
 
LenS said:
Legally yes. FedEx and UPS rules say no . . . but if they accept them go for it.
Click to expand...

I don't know MA law, but under Federal Law you can send firearms to yourself in other jurisdictions. Specifically so that you can move them from one location to another, either permanently or temporarily (say like a hunting trip).

If your residence IS to be your folks home, then you've got your 60 days or whatever it is. If it's not, I'd consult an attorney about MA law. The few hundred it costs your for the hour may be worth it.
 
Hello All,

I had asked this question in emails to a couple of the attorneys on this site but recieved no response:

[FONT=Arial, Helvetica]My wife and I have residences in both FL and in MA. I hold a carry permit in FL since Dec 2010 and was recently was granted a Class A Large Capacity unrestricted LTC for MA in May 2013.

I have a question on bringing in a generation three Glock 17 into MA:

1) I own a generation three Glock 17 purchased in FL. This is my primary carry firearm. As I had already owned this prior to getting my MA LTC I believe I can legally own/possess this in MA. Or because we had a residence in MA prior to getting my MA LTC I cannot own/possess this? What, if any, is the correct/legal method for bringing this into MA - register it, etc? [/FONT]

I would appreciate feedback from an attorney on this.

Thank you.
 
Welcome to NES!

I am not an attorney, but I CAN answer your question.

Your Glock is perfectly legal to possess and carry in MA, however, the capacity of any magazines manufactured after 9/13/94 cannot exceed 10 rounds.

A FA-10 is required to be submitted within seven days of its introduction into MA. Check "Registration", and complete the form, leaving the "Seller" section blank.
 
Kevlar said:
Yes, "post-ban large capacity" magazines run afoul of the AWB.
Click to expand...

Yes, agreed. If my mags are post 9/13/1994 they must be 10 rnds or less capacity. If prior to 9/13/1994 then can have > 10 rnds capacity.

OK, thanks for the input. I will complete ten FA-10 form and drop it off at my local PD.

Cheers.
 
Basically if its something you want, the state of Massachusetts will not let you have it. I dont get it they ban Glocks because they are "unsafe" but all the cops in the state carry them. Does the Attorney general not care if a cop has an accident and hurts himself? I dont get it
 

Similar threads

Moving to MA Question
Replies
29
Views
830
TZCHRIS
TZCHRIS
Police be wilding out here (improper storage)
2
Replies
37
Views
2K
Rob Boudrie
Rob Boudrie
New to MA
2 3
Replies
69
Views
2K
HooVooLoo
HooVooLoo
The Michigan Man is Coming to Town! | Join me on a Road Trip to see David Hogg!
Replies
1
Views
197
MassPete
MassPete
"...possess prior to 9/13/14" Line in the Law
Replies
1
Views
109
Marty McFly
Marty McFly
Back
Top Bottom