Alien Carry Permit

[aprentic]

I'm looking for advice regarding alien carry permits. It seems to me that under Chapter 140, Section 131H I can obtain a permit to own and carry a firearm but not to purchase one.

Here are some details for clarification purposes:
1) I am a resident alien. That is I am an EU citizen with a green card.
2) I have been a resident of Massachusetts for over 2 years and will remain here for at least an other 2 years.
3) My primary interest is in shooting .22 LR at a range.
4) My secondary interest would be shooting a 9mm pistol, also at a range.
5) I am not interested in carrying any weapon on my person, either in the open or concealed, nor am I interested in using a weapon for self defense, either in my home or elsewhere. My only interest in carrying a weapon is to get it to and from a shooting range. (All though, to be honest, if my Father in law were ever to invite me to go hunting with him I'd want to be able to do so legally).
6) I have some prior experience with both of the above weapons. Mostly while with the Boy Scouts (.22 LR) and as a guest of members of gun clubs (9mm).
7) I have never illegally fired a weapon or even touched an illegal weapon.
8) I have never been charged with a felony.

So I'm wondering what my options are.
If I obtain an alien carry permit and my wife, who is a natural born US citizen and also a Massachusetts resident, gets a regular carry permit, could she buy a firearm and legally lend it to me?
Could I obtain an alien carry permit, purchase a firearm in an other state and transport it back to Massachusetts? If so what steps would I have to take to register it in Massachusetts?
Did I misinterpret the law? That is can I actually purchase a firearm with an alien carry permit?

Furthermore, I noticed that that the alien carry permit places specific restrictions on high ammunition capacity firearms. Is this different from the regular ban on high ammunition capacity firearms?

Thank you, in advance for any advice or suggestions.

 

[Big_Red]

I'm looking for advice regarding alien carry permits.

Why would you want to carry an alien?

I know... it is 5th grade humor but I couldn't help myself.

Unfortunately I have nothing else to offer with regards to your question.

 

[trophygrl]

Section 131F. A Class A or Class B temporary license to carry firearms or feeding devices or ammunition therefor, within the commonwealth, may be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority or to an alien that resides outside the commonwealth for purposes of firearms competition and subject to such terms and conditions as said colonel may deem proper; provided, however, that no license shall be issued to a person who...

then it goes on to describe all of the things that prevent anyone in mass from obtaining a firearms license

Resident Aliens

Persons who are not citizens of the United States, and are residents of Massachusetts may not possess large capacity rifles, shotguns, handguns or non-large capacity handguns. These persons may only possess non-large capacity rifles, shotguns, ammunition, and chemical propellant spray. (M.G.L. c. 140 §§131F, and 131H).

 

[aprentic]

Why would you want to carry an alien?

I know... it is 5th grade humor but I couldn't help myself.

Unfortunately I have nothing else to offer with regards to your question.

How else would somebody get an alien to a gun range? Drag him? That's just mean.

 

[aprentic]

then it goes on to describe all of the things that prevent anyone in mass from obtaining a firearms license

Yeah. I read that but I didn't understand it.
What exactly is a large capacity rifle? Does that mean I can't have anything besides a breach loader? Or does it mean that I can't use anything that holds more than 10 rounds even if it was manufactured before 1994?

 

[jhblaze1]

5) ...nor am I interested in using a weapon for self defense, either in my home or elsewhere.

So if you had a gun in your house you wouldn't use it to defend yourself?

hmmm

 

[aprentic]

I don't want to go off topic since I'm really interested in figuring out the gun law thing but I suppose I'm going to have to answer this question sooner or later.

So if you had a gun in your house you wouldn't use it to defend yourself? hmmm

Probably not.


I don't have any particular objection to anyone using a gun for self defense and if I was being attacked I would defend myself in the most effective way available. However will soon have a child so I will keep any gun I own unloaded and locked away with the ammunition locked in a separate container. This means that if I was right next to the gun when I noticed an intruder I could either take the time to unlock the gun and ammunition and then load the gun or I could just hit the intruder with fists, feet and any nearby hard objects until he stopped moving. Now if I was just coming back from the gun range when someone broke into my house and I was getting ready to put the gun away and I had the gun in one hand and the ammunition in the other, sure, I'd pop in a round and put a hole in the guy if I thought my life was being threatened. Then I'd probably hit him with the but of the gun until he stopped moving. But in my particular situation the gun just probably wouldn't be the most effective way to defend myself.


Furthermore the way my house is situated any missed shots are likely to hit one of my neighbors.


My purpose in stating that I do not intend to use a gun for self defense is not a moral statement or a comment on the 2nd amendment. It is simply a statement about my intentions.

 

[Youradolt]

I would say just apply and see what happens this state is horrble but there is only one way to find out if not call you local licenseing office and find out. What town are you located in?

 

[GLOCK.Perfection]

well according to trphygrl's cite, I think you can only get an FID. Non large capacity longguns are generally anything that doesnt come standard with greater than 10 rd magazines. So you could still get some semi - auto long guns such as a ruger 10/22 marlin 60, etc

 

[bostonasphalt2]

So if you had a gun in your house you wouldn't use it to defend yourself?

hmmm

Some people wouldn't and that is ok so long as they don't push their views on me

 

[aprentic]

I would say just apply and see what happens this state is horrble but there is only one way to find out if not call you local licenseing office and find out. What town are you located in?

Natick. Do you know anything about the licensing office here?
I was hoping to get some information before spend the time and money on the safety class and the application fee.

 

[Rob Boudrie]

You can get an "Alien FID" (that you apply to the Firearms Records Bureau for, not the local PD).

You cannot get an LTC as a resident alien. If you move out of state you can mail order a non-resident LTC as an alien provided you have the MA certificate. This is the result of a gap in the law - the resident licensing section does not let the local licensing agencies issue to non-citizens, but the non-resident licensing provides for non-citizen licenses. I spoke to GOAL about this some time ago and was told there was absolutely no sentiment in the legislature that would be sympathetic to correcting this situation, and that they would be devoting their efforts to areas of the law where they thought the could make a difference (resident alien LTC reform not being one of those areas).

The Natick licensing office borders on green - not bright green, but I know Natick residents who had no problems with getting a LTC-A/unrestricted.

 

[Youradolt]

Natick. Do you know anything about the licensing office here?
I was hoping to get some information before spend the time and money on the safety class and the application fee.

I would just call them and ask them thats your best bet

 

[derrick_lui]

Natick. Do you know anything about the licensing office here?
I was hoping to get some information before spend the time and money on the safety class and the application fee.

Hello there, I am also a "resident alien"...it seems like the only option we have is to obtain an "Alien permit to possess a Rifle or Shotgun" under MGL 131H. It is essentially an FID limited to non large capacity rifles and shotguns.

Regarding carry, as much as I want to carry...I dont think we are allowed to if we live in MA. However the weird thing is, if we dont live in MA...we are allowed to apply for a non-resident LTC as an Alien. A lot of folks here agree that it doesnt make sense...but welcome to MA.

 

[aprentic]

Hello there, I am also a "resident alien"...it seems like the only option we have is to obtain an "Alien permit to possess a Rifle or Shotgun" under MGL 131H. It is essentially an FID limited to non large capacity rifles and shotguns.

Regarding carry, as much as I want to carry...I dont think we are allowed to if we live in MA. However the weird thing is, if we dont live in MA...we are allowed to apply for a non-resident LTC as an Alien. A lot of folks here agree that it doesnt make sense...but welcome to MA.

Thanks. Do you know if that permit allows you to purchase a rifle or just possess one? Do you know if it applies to hand guns?

 

[Rob Boudrie]

Thanks. Do you know if that permit allows you to purchase a rifle or just possess one? Do you know if it applies to hand guns?

I think it allows purchase (but there are some hoops you have to jump through regarding time of residency, etc. to meet federal requirements).

It does not cover handguns

 

[trophygrl]

you can not get a hand gun according to what i read

 

[aprentic]

You can get an "Alien FID" (that you apply to the Firearms Records Bureau for, not the local PD).

You cannot get an LTC as a resident alien. If you move out of state you can mail order a non-resident LTC as an alien provided you have the MA certificate. This is the result of a gap in the law - the resident licensing section does not let the local licensing agencies issue to non-citizens, but the non-resident licensing provides for non-citizen licenses. I spoke to GOAL about this some time ago and was told there was absolutely no sentiment in the legislature that would be sympathetic to correcting this situation, and that they would be devoting their efforts to areas of the law where they thought the could make a difference (resident alien LTC reform not being one of those areas).

The Natick licensing office borders on green - not bright green, but I know Natick residents who had no problems with getting a LTC-A/unrestricted.

That seems like a crazy law. Unfortunately I can't take advantage of it since it's not practical to temporarily move out of the state.

 

[aprentic]

OK so no handguns. That's too bad but I can live with it.
I guess I'll start the process and see what happens.

 

[derrick_lui]

OK so no handguns. That's too bad but I can live with it.
I guess I'll start the process and see what happens.

Start the process early because you are going to pay a hundred bucks and it will expire on 12/31/09. It also takes like 2 months to process.

 

[CMF]

I recently got my alien permit for the first time, so let me know if I can be of any assistance to you.

Derrick is a veteran of the process and was very helpful to me, so he is a great person to ask.

I am very much hoping that the GOAL-sponsored Civil Rights and Public Safety Act will pass in something resembling its initial form (see massgunlawreform.com). If so, it is my understanding that an existing alien permit will automatically be replaced by the new FID, which will allow handguns, concealed carry, "high capacity" and "assault weapons".

 

[aprentic]

I recently got my alien permit for the first time, so let me know if I can be of any assistance to you.

Derek is a veteran of the process and was very helpful to me, so he is a great person to ask.

I am very much hoping that the GOAL-sponsored Civil Rights and Public Safety Act will pass in something resembling its initial form (see massgunlawreform.com). If so, it is my understanding that an existing alien permit will automatically be replaced by the new FID, which will allow handguns, concealed carry, "high capacity" and "assault weapons".

Thanks. I've since talked to the local PD about this and they suggested that I speak to a firearms dealer about purchasing a rifle with an Alien FID.
The guy at Dick's sporting goods said that they can sell a gun to me provided I have:
An Alien FID
A Green Card
Proof of 90 days residency

Most of our bills are in my wife's name. The only bill that's in my name is our Verizon FIOS bill. The guy at Dicks didn't know if this would be an acceptable form of proof of residency does anyone here know if it is?

 

[derrick_lui]

.

 

[aprentic]

Well I've taken the first step and signed up for the safety class. I'll try to keep posting on how the process works out and any glitches I may run into.

 

[aprentic]

Update: I went to my local PD (Natick) to get fingerprinted and obtain a letter of good conduct.
They're in the process of getting me the letter but they said that I may also need one from the PD at my prior residence, since I've lived in Natick for less than 1 year.

 

[derrick_lui]

Update: I went to my local PD (Natick) to get fingerprinted and obtain a letter of good conduct.
They're in the process of getting me the letter but they said that I may also need one from the PD at my prior residence, since I've lived in Natick for less than 1 year.

Dont thinkg the CHSB will require that...The letter just needs to say the chief isnt aware of anything that would prevent you from owning a firearm (ie. Your PD runs their own background check and if nothing shows up, then you are good)

 

[CMF]

Derrick - I just noticed I mispelled your name. Sorry about that.

On this subject, I have read several times recently that WA is the only state that has a separate license for non-citizens, which is clearly not true!

 

[aprentic]

Dont thinkg the CHSB will require that...The letter just needs to say the chief isnt aware of anything that would prevent you from owning a firearm (ie. Your PD runs their own background check and if nothing shows up, then you are good)

Well I've sent in my application. I'll post when I hear back from them.

 

[derrick_lui]

Ok guys, I moved out of MA (yay!) to NH...received my pistol permit in NH (wow it was so easy and fast!)

Now that I am a non-resident alien, anyone here think I can get an "all lawfull purpose" LTC-A in MA?

It seems that non-resident aliens can only get LTC-A's for "firearm competitions"...which probably means a restricted license.

*Cross-X: will send you all my stuff to review before it goes out the door =)*

 

[GlockBy]

Ok guys, I moved out of MA (yay!) to NH...received my pistol permit in NH (wow it was so easy and fast!)

Now that I am a non-resident alien, anyone here think I can get an "all lawfull purpose" LTC-A in MA?

It seems that non-resident aliens can only get LTC-A's for "firearm competitions"...which probably means a restricted license.

*Cross-X: will send you all my stuff to review before it goes out the door =)*

Congrats on your move and NH resident permit!

You will not be able to get a MA non-resident LTC-A "ALP".
Just the way the laws are written. Yours will say *Unconcealed* and *Competition only*.

I think that law needs to be changed, at least allowing permanent residents (aka green card holders) in and out of state to receive LTC A ALP.