Carrying in Boston

How about "standard" capacity Glock 19 = 15 rounds baby...
 
Interesting. So you're saying the statute narrowly defined large cap mags within the context of long guns only. I see what you're saying. I wonder if there is any case law to confirm this.

Don't worry, you're not the first person to get that wrong.

It seems pretty black and white to me. You could try going to Roxbury w/ your pre-ban (handgun) high cap, sans ammunition and asking at HQ if it's cool. But no, I don't know of any cases where this has been proven wrong.

That's why I phrased my response the way I did.

Also if you look at the actual Boston Bylaw, not the GOAL website, you might find it formatted in a way that makes the interpretation more easily understood. Indentations for sub-paragraphs really help keep things in context vs. all text at the left margin.

I suggest that those that are nervous about carrying in Boston or carrying any particular item they think is illegal or questionable should best leave those items at home. However telling others that xxxx is illegal is doing everyone a disservice unless you have a clear, gov't citation (not 3rd party) statute/bylaw that you can point to.

NOTE: This seems to be a MA Legislature archive of the original act:
http://archives.lib.state.ma.us/actsResolves/1989/1989acts0596.pdf
 
Interesting. So you're saying the statute narrowly defined large cap mags within the context of long guns only. I see what you're saying. I wonder if there is any case law to confirm this.
Case law is usually only generated when there is a possible issue or ambiguity with the statute, or where it conflicts with another law.

The statute here is pretty clear that the application is only to long guns. Thus there is little chance of a challenge that would create case law.

I dont mean this to be aimed directly at Will, but I seriously beat my head against the wall when people on this board use "case law" as an out to avoid admitting they were wrong with regards to a statute. "Well, it looks like I was wrong in light of clear statutory text, but I don't want to admit it...what about case law?" The thing is, clear statutory text is just that: clear, and thus not usually subject to challenges.
 
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I should have clarified that he was specifically talking about handguns. He told us he always makes sure he has low-caps whenever he carries into Boston.

There was a time in ancient history where Boston supposedly had some kind of weird BS rumination about only allowing carry of handguns with less than 10 rounds, but this has been long gone/debunked for years now. I only ever saw it listed on packing.org when it was around and updated. Then it disappeared, then packing.org more or less went way out of date years later.

-Mike
 
So let me get this right. If you have an LTC-A and it was issued to you in Boston. You wouldn't be able to legally purchase an AR-15, AK, Uzi, etc..... The city of Boston is the worst when they issue you a class A with restrictions like "sport & target. I don't get the BS with the city of Boston. Can someone please clarify cause I know people that live in Boston and have purchased AR lowers from local gun shops.
 
I should have clarified that he was specifically talking about handguns. He told us he always makes sure he has low-caps whenever he carries into Boston.

Yes and in my MA Gun Law Seminars I've had people tell me that they were told (by dealers, instructors, LEOs) that you can't carry more than EIGHT round mags in Boston. Personally I'm very partial to the 1911 (CCW'd one for a few years), but that must have motivated that BS rumor somehow!


I only carry in Boston.

When I first got my LTC back in the 1970s, the only place I always CCW'd (after dark) was Boston and all the time in Brockton!! That was my MO for many years


So let me get this right. If you have an LTC-A and it was issued to you in Boston. You wouldn't be able to legally purchase an AR-15, AK, Uzi, etc..... The city of Boston is the worst when they issue you a class A with restrictions like "sport & target. I don't get the BS with the city of Boston. Can someone please clarify cause I know people that live in Boston and have purchased AR lowers from local gun shops.

You are correct, they can't legally possess any of those "forbidden long guns" or ANY >10 rifle/shotgun mags (no pre-bans) in the City of Boston! And per Federal Law, FFLs are NOT supposed to sell them things that they can't legally possess in the city/state they live in, so the dealers transferring AR lowers to Boston residents could face fines and loss of FFL if the BATFE audits them and picks up on it. [I know that there is a metric ton of these things in Boston, not to mention those that move into the city already in possession of them.]

I doubt that there are even a handful of MA FFLs who know about the Boston AWB! However ignorance of the law is no excuse when you are at the Bar!
 
So let me get this right. If you have an LTC-A and it was issued to you in Boston. You wouldn't be able to legally purchase an AR-15, AK, Uzi, etc..... The city of Boston is the worst when they issue you a class A with restrictions like "sport & target. I don't get the BS with the city of Boston. Can someone please clarify cause I know people that live in Boston and have purchased AR lowers from local gun shops.

You should tell anyone in Boston who purchased AR lowers to report to BPD HQ for additional processing. I know someone in Boston who claims it's illegal to conceal carry any pistol with a barrel shorter then 1 7/16". I think it's BS personally.
 
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What about simply passing through Boston? Say I have an AR-15 I want to bring to the range. My best route from home to the range takes me through Boston on I-93. No high capacity mags. Will I have a problem?
 
Interesting. So you're saying the statute narrowly defined large cap mags within the context of long guns only. I see what you're saying. I wonder if there is any case law to confirm this.

JC, pick up the phone and call GOAL next time before posting this stuff.

Lots of Boston LCF holders own "Assault Rifles" They are usually kept at gun clubs.
 
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You can carry a high-capacity firearm in Boston, as long as you have the proper license for it . The only regulations in Boston is that police officers, security guards with special arrest powers are only allowed to carry certain types of firearms and ammunition allowed by Boston. As for the assault weapons, you are allowed to drive through the city of Boston with an assault weapon. As long as you're passing through.
 
Thanks for the links and all the info on this BS law. I have sent the information to this person to straighten them out.
 
I know someone in Boston that claims that it is illegal to carry a concealed weapon in Boston. Does anyone here know if this is is true? I told him that I thought it was bull.

TIA, Jim

My parents live in Roxbury and I never visit without my G22,I always carry in the city and I have a few friends that always carry in the city. Correct me if i'm wrong but I thought your LTC was for the entire state of Massachusetts.
 
LOL.. I have 15+1 in my S&W sigma, only differnce is I paid 1/2 the price of your glock..

I'm not a huge fan of Glocks (too big for my hands) but there is a LOT more difference between any Glock and a Stigma!

Signed,
Former owner of a Stigma (fired 3 mags before deciding to sell it)!
 
only issue I have had with the sigma is the 100lb trigger and the special rails... then again the trigger makes me shoot correctly (not just well) and the adapter for a laser/navlight combo cost $5 and adds an extra 1/2 inch.

ok, enough of me extolling the benifits of a sigma. I will leave that for anouther thread:)
 
You are correct, they can't legally possess any of those "forbidden long guns" or ANY >10 rifle/shotgun mags (no pre-bans) in the City of Boston! And per Federal Law, FFLs are NOT supposed to sell them things that they can't legally possess in the city/state they live in, so the dealers transferring AR lowers to Boston residents could face fines and loss of FFL if the BATFE audits them and picks up on it. [I know that there is a metric ton of these things in Boston, not to mention those that move into the city already in possession of them.]

I doubt that there are even a handful of MA FFLs who know about the Boston AWB! However ignorance of the law is no excuse when you are at the Bar!

The question was, can a Boston resident purchase an AR-15, AK, Uzi, etc.? It is my understanding that the law states that a Boston resident can't possess one of these items in Boston. Boston laws, rules and regulations do not have jurisdiction outside of Boston. Correct me if I am wrong. A Boston resident may have another residence(s) outside of Boston, where these items can be stored. Also, they can be stored at a gun club outside of Boston.
 
The question was, can a Boston resident purchase an AR-15, AK, Uzi, etc.? It is my understanding that the law states that a Boston resident can't possess one of these items in Boston. Boston laws, rules and regulations do not have jurisdiction outside of Boston. Correct me if I am wrong. A Boston resident may have another residence(s) outside of Boston, where these items can be stored. Also, they can be stored at a gun club outside of Boston.

IANAL but my reading of the following USC and CFR would lead me to believe that a FFL sale/transfer to a Boston resident would be illegal per Fed Law/Regs.

922(b)(2)

(b) Sales or deliveries to . . .​
A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery, or other disposition, unless the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published
ordinance.



478.99(b)(2)



§ 478.99 Certain prohibited sales or
deliveries.
(b)

It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(2)​
any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;


I agree that someone may have a non-Boston location that they could store the gun in, just like a MA resident could possess a post-ban AR-15 in NH but convincing a NH FFL to do that transfer might be a huge task as they put their livelihood on the line for a customer who might be lying.
 
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But the guy I took my LTC course from said hi-caps were illegal in Boston. [wink] True story.

BigDaddyAl: I hope I wasn't the person who told you that! If so I apologize. I teach the LTC course periodically and have had students from Arlington.

To everyone else: I was wrong with regard to my understanding of City of Boston regulations pertaining to large capacity magazines. Period. Thanks to those who have helped to enlighten me.
 
I heard you will be cited $75 dollar fine if you are caught in Boston for non Boston residents with ltc. Since its an ordinance, they can only fine you. Most Leo's dont know it, but only a few do.
 
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