Non-residents: Legal info on bringing guns into Mass. for competition or hunting

[GSG]

Mass. Non-Resident Gun Laws

[FYI, all of the bold and underlined text in these posts of mine are clickable links to the laws, cases and websites I'm discussing here, so that you can read the actual text of the law yourself firsthand and form your own conclusions.]

OK, I've seen a whole bunch of questions on this topic lately, so I'm going to lay out the laws on this subject so that people from free states don't un-knowingly break the laws in Massachusetts. Keep in mind that I am not a lawyer, so this is my interpretation of the laws, and if you're unsure about the legality of something, you should contact a Massachusetts attorney for legal advice. Several of them are listed here.

If you are not a resident of Massachusetts, generally speaking you must have a non-resident Massachusetts License to Carry Firearms to bring ANY handguns, ammo, or components into Mass. This includes empty shell casings. If you don't have a Massachusetts License to Carry, you can download the application and the instructions for the application at the below website.

http://www.mass.gov/Eeops/docs/chsb/firearms/MIRCS Non-Resident LTC application - for website.pdf

However, there are certain circumstances where it is legal for non-residents of Massachusetts to bring firearms into the state without a non-resident LTC, such as hunting, attending a shooting competition, or attending a meeting or exhibition of firearm collectors. There are other exemptions as well, but to keep this post focused I'm going to stick to these particular areas of law which are the most common reasons one would bring a gun into Mass.

Rifles and Shotguns:

For non-residents bringing in rifles and shotguns, the law is fairly simple regarding who is exempt from licensing. In short, if it's legal to possess them in your home state, you can possess them in Mass. This is covered under Massachusetts General Laws Chapter 140 Section 129C (specifically sections (f), (g), (h), (i) and (p)), which says:

The provisions of this section shall not apply to the following exempted persons and uses:

then later

(f) Possession of rifles and shotguns and ammunition therefor by nonresident hunters with valid nonresident hunting licenses during hunting season;

(g) Possession of rifles and shotguns and ammunition therefor by nonresidents while on a firing or shooting range;

(h) Possession of rifles and shotguns and ammunition therefor by nonresidents traveling in or through the commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case;

(i) Possession of rifles and shotguns by nonresidents while at a firearm showing or display organized by a regularly existing gun collectors’ club or association;

then later

p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.

The law referenced in the above section (p) that defines "black powder" rifles, shotguns and ammo is Massachusetts General Laws Chapter 140 Section 121, specifically paragraphs (A) and (B) which can be found near the bottom of the page:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;

Basically, if you're bringing rifles or shotguns into Mass., they have to be unloaded and in a case when transporting them, and as long as you can legally possess them in your home state you don't need a non-resident License to Carry. However, they have to be what is known as "Non-large capacity rifles and shotguns."

This is because of Massachusetts General Laws Chapter 269 Section 10(m), which states:

(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.

What this means is that in order to possess what Massachusetts considers "large capacity rifles and shotguns" or "large capacity feeding devices" (i.e. magazines), you need to have a non-resident Class A or Class B License to Carry Firearms. What is considered "large capacity" in Massachusetts is defined in Massachusetts General Laws Chapter 140 Section 121, which says in part:

“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.

“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.

It is a felony to possess these "large capacity" guns or magazines in Massachusetts without a non-resident LTC!

Also, Massachusetts signed the old 1994 Federal Assault Weapons Ban into state law, which is Massachusetts General Laws Chapter 140 Section 131M:

Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.

"Assault Weapons" are defined in Massachusetts General Laws Chapter 140 Section 121:

“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10, M-11, M-11/9 and M-12; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.

This means that even if you do have a non-resident Massachusetts License to Carry, you cannot possess what is commonly known as "post-ban" configured rifles or high capacity magazines unless you are a police officer. Violation of this law in a felony.

One final thing, keep in mind that in Massachusetts non-residents cannot purchase firearms or ammunition, not even with a non-resident LTC. So any ammo that you need should be purchased by you beforehand in the state you live in.

(continued below)

 

[GSG]

Handguns

The Massachusetts laws regarding handguns are very complex. Make sure that you understand them fully before bringing handguns into Mass.

Generally speaking, in order for a non-resident to even possess handguns in Massachusetts, they need to have a Non-Resident License to Carry Firearms. The application and instructions for these licenses can be found at the below link.

http://www.mass.gov/Eeops/docs/chsb/firearms/MIRCS Non-Resident LTC application - for website.pdf

There are certain exemptions to this for non-residents, which are laid out in Massachusetts General Laws Chapter 140 Section 131G:

Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions

Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.

There's a very important piece of information that many people overlook in this section of law. While it allows people licensed to possess or carry handguns in another state to bring guns into Mass. for hunting, competition or collector's meetings, this is only allowed if the state where that person is licensed doesn't issue permits to people with felony convictions or drug convictions. As far as I know, no state in the US will issue a handgun permit or license to carry to any convicted felon.

However, there are several states who do issue a pistol permit or license to carry to people with misdemeanor drug convictions, and those permits are not recognized in Mass. for the purposes of this section. For instance, if you have ever been convicted of any drug crime, Pennsylvania and Connecticut will never issue you a license to carry (or whatever the term is in that state). However, Florida will issue a Concealed Weapons Permit to people who have misdemeanor drug convictions if 3 years have passed between the date of conviction and the date of application for the license. New Hampshire will issue a pistol permit to people with misdemeanor drug convictions. Even if you haven't been convicted of these things, the issue is with the licensing process of the state that you are licensed in. So if you only have a NH or FL permit, you are not allowed to bring pistols into Mass. for competition. Connecticut and Pennsylvania are two states whose licenses are in compliance with this law.

Even if you do have the appropriate license from out of state, there are still certain types of handguns and magazines that you cannot lawfully possess in Mass. without a Massachusetts License to Carry. These are known as "large capacity" handguns and "large capacity" magazines, and they are defined in Massachusetts General Laws Chapter 140 Section 121:

“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition.

“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.

There's a few ways to tell if your handgun is considered "large capacity" under Massachusetts law. The easiest way to tell is if the gun is listed on the Massachusetts Executive Office of Public Safety Large Capacity Firearms Roster, which can be found at the link below under "Approved Weapons Rosters":

http://www.mass.gov/?pageID=eopstop...istration+&+Laws&L2=Firearms+Support+Services

A handgun is considered to be "large capacity" if it has ever been shipped to a civilian in the United States with a magazine that holds more than 10 rounds. This is information that you can often find on the manufacturer's website, or through other research. It is also considered to be "large capacity" if a person possesses the handgun and a magazine that holds more than 10 rounds for that handgun at the same time. An example of this would be someone with a single stack .45 caliber 1911 pistol, which normally only holds 7 or 8 rounds, who had one of those 25 or 40 round drum magazines with the gun. Even though the gun itself is not considered "large capacity," it is when coupled with such a magazine.

If you possess a "large capacity" handgun without a Massachusetts Class A License to Carry Firearms, it is a felony under Massachusetts General Laws Chapter 269 Section 10(m):

(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.

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[GSG]

Also, any kind of "covert" or disguised handgun is illegal to possess under Massachusetts law, and they are defined in Massachusetts General Laws Chapter 140 Section 121:

“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

Also, Massachusetts signed the old 1994 Federal Assault Weapons Ban into state law, which is Massachusetts General Laws Chapter 140 Section 131M:

Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment

Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.

"Assault Weapons" are defined in Massachusetts General Laws Chapter 140 Section 121:

“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10, M-11, M-11/9 and M-12; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.

This means that even if you do have a non-resident Massachusetts License to Carry, you cannot possess what is commonly known as "post-ban" high capacity magazines unless you are a police officer. Violation of this law is a felony. But once again, without a Massachusetts License to Carry, you cannot possess any magazines that hold more than 10 rounds, even if they are "pre-ban."

Also, keep in mind that in Massachusetts non-residents cannot purchase firearms or ammunition, not even with a non-resident LTC. So any ammo that you need should be purchased by you before you come to Massachusetts.

A very common question that gets asked on here is if people are allowed to bring non "Mass. compliant" handguns into the state. When you hear people talking about what handguns are "Mass. compliant," they are referring to what guns that Mass. FFL's are allowed to sell. This is only a restriction on what a dealer can sell, and not on what a person can possess; but once again, all the above about "large capacity" handguns still applies, so you will need to possess a valid Massachusetts Class A License to Carry Firearms to possess those.

There is an important piece of case law that pertains to issues with firearms in the state of Massachusetts, and that is Commonwealth v. Irving Jones (1977) which says in part:

We sum up the established interpretation of G. L. c. 278, Section 7, as it applies to prosecutions under G. L. c. 269, Section 10 (a). The holding of a valid license brings the defendant within an exception to the general prohibition against carrying a firearm, and is an affirmative defense. Cf. Mass. Proposed R. Crim. P. for Dist. & Super. Cts. 11 (a) (1) (C), 11 (b) (1) (C), 14 (b) (3) (July 30, 1976). Absence of a license is not "an element of the crime," as that phrase is commonly used. In the absence of evidence with respect to a license, no issue is presented with respect to licensing. In other words, the burden is on the defendant to come forward with evidence of the defense.

In the "Jones" case, the defendant was stopped by the police, and he was unable or unwilling to prove that he was either licensed in Massachusetts or exempt from the licensing in the ways that I have laid out above. The Supreme Judicial Court of Massachusetts then ruled that when it comes to the possession of firearms in Massachusetts, the individual has the burden of proof to show that they can legally possess those firearms in Mass. While this tramples all over the concept of "innocent until proven guilty," that is the standard that the Massachusetts courts will hold you to if you are found with guns in the state.

In order to demonstrate to the police that you are exempt from licensing, I suggest that you carry several pieces of information with you along with your guns:

-All required licenses (LTC's, hunting licenses, etc.).
-Copies of all the applicable Massachusetts laws.
-Copies of the laws/regulations from whichever other state that you are licensed in that shows that the state doesn't issue licenses to people convicted of felonies or drug crimes.
-A current copy of the Massachusetts EOPS Large Capacity Firearms Roster (to show that your guns aren't on it, unless you have the appropriate Mass. license).
-Manufacturer information for the guns you possess to show that they aren't "large capacity" (this can often be found on their website).
-A flier or registration form for whichever competition or exhibition that you're attending, preferably one that shows the date, time and location.

I would also suggest that you play it safe by keeping all guns locked up and unloaded in the trunk of your vehicle while transporting them to and from Mass., and that you don't make any unnecessary stops while you are in the state. Obeying all the traffic laws is a very good idea as well.

If you don't fully understand this, or if you have any other questions, feel free to ask them here on the forum.

 

[GSG]

One more piece of important info that I think non-residents need to know about bringing firearms into Mass., and that is the safe storage laws. They are laid out in Massachusetts General Laws Chapter 140 Section 131L:

Chapter 140: Section 131L. Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.

(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not a large capacity weapon, by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment, and in the case of a large capacity weapon or machine gun, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.

(c) A violation of this section shall be punished, in the case of a rifle or shotgun that is not a large capacity weapon and such weapon was stored or kept in a place where a person under the age of 18 who does not possess a valid firearm identification card issued under section 129B may have access without committing an unforeseeable trespass, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.

(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity weapon, firearm or machine gun was stored or kept in a place where a person under the age of 18 may have access, without committing an unforeseeable trespass, by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than two and one-half years, nor more than ten years, or by both such fine and imprisonment.

(e) A violation of the provisions of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a weapon, unless such person possessed a valid firearm identification card issued under section 129B and was permitted by law to possess such weapon, and such access results in the personal injury to or the death of any person.

(f) This section shall not apply to the storage or keeping of any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899, or to any replica of any such firearm, rifle or shotgun if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

Pay attention to the penalties, some of them can be pretty serious.

Also, if you do have a Massachusetts Non-Resident License to Carry Firearms, there are restrictions on how you must transport your guns in a vehicle. This is in Massachusetts General Laws Chapter 140 Section 131C:

Chapter 140: Section 131C. Carrying of firearms in a vehicle

Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

(d) The provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state or the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.

(e) A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the licensing authority who shall immediately revoke the card or license of the person so convicted. No new such card or license may be issued to any such person until one year after the date of revocation.

This should help you stay legal.

 

[penman769]

Very good post CSG. I have one question for you. You say a non-resident (licensed in his state) can bring a handgun in for a compitition. Would my son & I going to a gun club in Ma to do some "competition" practice between the 2 of us count? Really I want to know if I can join the Ma club & bring my handgun to it to target practice. (Of course, all other rules followed).
Thanks
Penman769

 

[Len-2A Training]

Very good post CSG. I have one question for you. You say a non-resident (licensed in his state) can bring a handgun in for a compitition. Would my son & I going to a gun club in Ma to do some "competition" practice between the 2 of us count? Really I want to know if I can join the Ma club & bring my handgun to it to target practice. (Of course, all other rules followed).
Thanks
Penman769

Not legally w/o a MA LTC.

People do it all the time. If someone gets caught and prosecuted, they will do hard time for it in MA.

 

[GSG]

Very good post CSG. I have one question for you. You say a non-resident (licensed in his state) can bring a handgun in for a compitition. Would my son & I going to a gun club in Ma to do some "competition" practice between the 2 of us count? Really I want to know if I can join the Ma club & bring my handgun to it to target practice. (Of course, all other rules followed).
Thanks
Penman769

LenS is correct. It needs to be an organized competition, there's no provision in Mass. law for you to bring pistols into Mass. without a non-res. LTC if all you're going to do is target practice with them.

 

[GSG]

Also, for the record, there is some disagreement as to whether or not non-residents are allowed to bring "large capacity" handguns and long guns into Mass. without a Mass. LTC, currently being discussed in this thread. Since we're not aware of any case law on the subject we don't have anything concrete to base our law opinions on in this particular area, so my intent is to play it safe and not give you info that might result in felony charges/arrest. Look through it yourself and take from it what you will, as I'm simply presenting what I've found.

 

[Rabbity]

Not legally w/o a MA LTC.

People do it all the time. If someone gets caught and prosecuted, they will do hard time for it in MA.

What about with a Pre-Ban AR15? I called up the CHPS...I think that's what it was called and the lady that I spoke with didn't even know what the f*** she was talking about. As soon as I mentioned AR-15 she referred to it like it was a fully automatic, baby killing, school shooting, genocide machine.

 

[Len-2A Training]

What about with a Pre-Ban AR15? I called up the CHPS...I think that's what it was called and the lady that I spoke with didn't even know what the f*** she was talking about. As soon as I mentioned AR-15 she referred to it like it was a fully automatic, baby killing, school shooting, genocide machine.

CHSB is staffed with clerks. They are essentially a datacenter.

EOPS has told them to answer legal questions, but ONLY their director is an attorney . . . and he doesn't know anything about firearms!!

To answer your question . . . read my post that you quoted again. The answer is staring you in the face there.

 

[GSG]

the lady that I spoke with didn't even know what the f*** she was talking about.

That about sums up everything I've heard about the CHSB, including when LE contact them to get clarification on the laws and regs when they're trying to prosecute people. Basically, you need to do all your own legal research before bringing any guns into Mass., because the laws are such a mess that not many people know what they say. I've heard of people getting bad legal info when calling the Mass. State Police too.

To answer your original question, the way I read the law you'd need a non-resident LTC to bring a pre-ban AR-15 to Mass., because it is considered "large capacity." Some of the others on here disagree with me on this when it's being brought into the state for competition, and you can see both sides of the argument if you click on this thread. But even if I'm wrong in how I interpret that portion of the law, I'd recommend that you get a Massachusetts Non-resident LTC anyway, just because of the stigma attached to rifles like that.

 

[Scrivener]

That about sums up everything I've heard about the CHSB, including when LE contact them to get clarification on the laws and regs when they're trying to prosecute people. Basically, you need to do all your own legal research before bringing any guns into Mass., because the laws are such a mess that not many people know what they say. I've heard of people getting bad legal info when calling the Mass. State Police too.

News flash: The CHSB is not a free legal clinic. It is a records and licensing bureau. Moreover, there are few lawyers on its staff and you are not going to reach them by calling the general number.

Anyone who calls the State Police expecting accurate legal advice on firearms law is equally deluded. That is not an SP function.

The Office of the Attorney General has a firearms section. As the AG is the chief law enforcement officer of the commonwealth and is charged with understanding and enforcing its laws, the AG's office would be far more logical entity to call.

 

[Len-2A Training]

The Office of the Attorney General has a firearms section. As the AG is the chief law enforcement officer of the commonwealth and is charged with understanding and enforcing its laws, the AG's office would be far more logical entity to call.

But you know that they won't give a citizen the right time of day, don't you?

 

[Scrivener]

But you know that they won't give a citizen the right time of day, don't you?

Yes. I also know WHY.

1. State employees are not supposed to give legal advice to the public. Indeed, one will often see signs to that effect in the clerk's office of courts, the registry of deeds, etc.

2. Few of the employees one will reach by phone are qualified to give such advice; and

3. NONE at CHSB have the time to, due to personnel cuts.

Which means it is not A Cunning Plan to ply the public with misinformation to set up stings to make the agency look good or whatever other conspiracy theories are being floated.

 

[tylanc]

What about through

So, I'm going from RI to NH to train and most certainly don't plan to stop during my transit of Mass. Isn't it federal law that I'm ok as long as whatever I've got is secured and locked, not accessible to the driver, and ammo is stowed separately?

 

[Kevlar]

So, I'm going from RI to NH to train and most certainly don't plan to stop during my transit of Mass. Isn't it federal law that I'm ok as long as whatever I've got is secured and locked, not accessible to the driver, and ammo is stowed separately?

You are covered by FOPA (18 U.S.C. 926A) if you comply with its provisions...

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[Rabbity]

That about sums up everything I've heard about the CHSB, including when LE contact them to get clarification on the laws and regs when they're trying to prosecute people. Basically, you need to do all your own legal research before bringing any guns into Mass., because the laws are such a mess that not many people know what they say. I've heard of people getting bad legal info when calling the Mass. State Police too.

To answer your original question, the way I read the law you'd need a non-resident LTC to bring a pre-ban AR-15 to Mass., because it is considered "large capacity." Some of the others on here disagree with me on this when it's being brought into the state for competition, and you can see both sides of the argument if you click on this thread. But even if I'm wrong in how I interpret that portion of the law, I'd recommend that you get a Massachusetts Non-resident LTC anyway, just because of the stigma attached to rifles like that.

Well, seeing as I don't have any pre-ban AR mags I modified my 30 rnd mags to only hold 10 rounds when I go to MA...and all it involves is a block of wood and about 20 minutes of labor. Ironically a State Trooper was at the range that I was at and he confronted me about the 30 rounders and noticed they had "law enforcement/ government use only" stamped on them and talked to me and I basically told them they're modified to only accept 10 rounds. Showed him only 10 rounds could physically fit and he was then like "why would you get 30 round mags modified rather than buying 10 round mags?" Then I replied with "I'm in the military and I like to keep my muscle memory in top shape for deployments so I don't get killed downrange because I don't know how to reload." Then to where he replied with "AH! I'm in this unit~~~~" It continued with useless jabber for about an hour.

 

[GSG]

News flash: The CHSB is not a free legal clinic. It is a records and licensing bureau. Moreover, there are few lawyers on its staff and you are not going to reach them by calling the general number.

Anyone who calls the State Police expecting accurate legal advice on firearms law is equally deluded. That is not an SP function.

The Office of the Attorney General has a firearms section. As the AG is the chief law enforcement officer of the commonwealth and is charged with understanding and enforcing its laws, the AG's office would be far more logical entity to call.

CHSB & MSP have links to the gun laws and FAQ's on their websites, so it makes sense that the uninformed might call to ask. The AG's office also has a habit of giving out bad legal info, or repeating the phrase "I don't know."

Well, seeing as I don't have any pre-ban AR mags I modified my 30 rnd mags to only hold 10 rounds when I go to MA...and all it involves is a block of wood and about 20 minutes of labor. Ironically a State Trooper was at the range that I was at and he confronted me about the 30 rounders and noticed they had "law enforcement/ government use only" stamped on them and talked to me and I basically told them they're modified to only accept 10 rounds. Showed him only 10 rounds could physically fit and he was then like "why would you get 30 round mags modified rather than buying 10 round mags?" Then I replied with "I'm in the military and I like to keep my muscle memory in top shape for deployments so I don't get killed downrange because I don't know how to reload." Then to where he replied with "AH! I'm in this unit~~~~" It continued with useless jabber for about an hour.

FYI, temporarily modifying mags like that is probably not legal in Mass. Check out the below link to the thread where this was discussed.

http://www.northeastshooters.com/vb...19rd-to-10rd-and-be-in-Compliance-with-MA-Law

 

[Rabbity]

CHSB & MSP have links to the gun laws and FAQ's on their websites, so it makes sense that the uninformed might call to ask. The AG's office also has a habit of giving out bad legal info, or repeating the phrase "I don't know."



FYI, temporarily modifying mags like that is probably not legal in Mass. Check out the below link to the thread where this was discussed.

http://www.northeastshooters.com/vb...19rd-to-10rd-and-be-in-Compliance-with-MA-Law

I'm pretty sure they way I modified mags was perm due to JB welding the baseplates on afterward.

 

[Scrivener]

CHSB & MSP have links to the gun laws and FAQ's on their websites, so it makes sense that the uninformed might call to ask.

It would make even MORE sense to use the links, as that's why they're there.

 

[GSG]

I'm pretty sure they way I modified mags was perm due to JB welding the baseplates on afterward.

Just recently someone posted a thread on here asking about the legality of using JB Weld, you can see the link below.

http://www.northeastshooters.com/vbulletin/showthread.php/95621-JB-Weld-Are-you-kidding

It doesn't sound like it's legal, and it's not a chance that I'd take.

 

[ShadeWPI]

Paragraph P of Chapter 140 Section 129C

p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.

Maybe I'm reading this incorrectly, but this would seem to state pretty clearly that a non-resident can carry or possess possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside without having to meet the "for the purpose of" requirements of the prior exemptions.

 

[GSG]

Maybe I'm reading this incorrectly, but this would seem to state pretty clearly that a non-resident can carry or possess possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside without having to meet the "for the purpose of" requirements of the prior exemptions.

I hadn't read it that way before. Like many other things in Mass., what the laws says and what is allowed in practice are probably two very different things.

 

[GSG]

Maybe I'm reading this incorrectly, but this would seem to state pretty clearly that a non-resident can carry or possess possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside without having to meet the "for the purpose of" requirements of the prior exemptions.

OK, I did a little digging on this subject, and it looks like you are right, you are exempt under both MGL 140-129C and MGl 269-10(a).

Massachusetts General Laws Chapter 269 Section 10(a) says:

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or

(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or

(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or

(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.

The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person seventeen years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and seventeen so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.

The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.

 

[ctjoe]

When you say "bring" that does not mean transport through, correct? Federal laws Dictate and allow the transporting of Firearms through a state. Locked, ammo seperate box, in trunk and so on.

 

[steveyc272]

Correct. See post 16.

 

[GSG]

When you say "bring" that does not mean transport through, correct? Federal laws Dictate and allow the transporting of Firearms through a state. Locked, ammo seperate box, in trunk and so on.

steveyc272 is correct that the Firearms Owner Protection Act of 1986 (federal law) will cover you while passing through states if the gun is legal at the start and end of your driving destination. But it's also important to note that this section of Massachusetts law also covers people who are passing through the state to attend a competition, as I posted at the start of the thread (which I'm linking to below).

Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions

Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.

Make sense?

 

[Furrbrain]

The Office of the Attorney General has a firearms section. As the AG is the chief law enforcement officer of the commonwealth and is charged with understanding and enforcing its laws, the AG's office would be far more logical entity to call.

But it's not illegal to be illegal in Mass? Isn't that AG's policy?

 

[NHGUNGUY]

I read through this thread and did not see this question answered. Can a non-resident with a valid temporary class A-LTC that is restricted to target and hunting carry a concealed weapon into the state while travelling to a range or hunting location?

 

[Kevlar]

From the NR application...

TARGET & HUNTING – restricts possession to the purpose of lawful recreational shooting or competition; for use in the lawful pursuit of game animals and birds; for personal protection in the home; and for the purpose of collecting (other than machine guns). Includes travel to and from activity location.

http://www.mass.gov/Eeops/docs/chsb/firearms/Non-resident_20100126.pdf