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Carrying in Boston
- Thread starter JimR
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Not necessarily, as purchase does not always mean "stored in one's residence".
Good luck convincing a FFL of that!
I agree that it would be legal to possess elsewhere, just if you or I are the FFL and Joe Random comes in to buy an AR (and we are aware of the Boston law), we risk our Dealer license and FFL on the honesty of an unknown to us customer telling us what we want to hear. Said Boston resident would have to prove to the FFL that they have and intend to use alternative storage location and I'm just not sure how that would work to a dealer's satisfaction (and the BATFE or Boston PD if queried on it). That's why I believe as i do.
I think you're overanalyzing this. I know plenty of Boston residents who had no trouble buying AR-15s and storing them elsewhere.
In Illinois there are plenty of FFLs who would gladly sell Chicago residents handguns (even pre MacDonald) knowing full well there was a good chance they might bring them back into the city. This isn't much different.
The feds rarely try to prosecute cases based on the "buyer's place of residency legal discrepancy" business in USC anyways. There is some pretty good legal strategy that would probably result in bad case law against the federal government for trying to enforce that, and the last thing BATFE is going to do is put themselves in a position where a law clearly would not have any teeth. Cases based on that section of US code are unquestionably rare to begin with. For example, when was the last time an FFL ever got prosecuted for say, accidentally selling a commie state resident a rifle they weren't supposed to have in their own state?
-Mike
Here's some free advice: don't ever take legal advice from a police officer.
Fixed it for you.
Mike,
I agree. BATFE offers the FFL a "deal" . . . hand over the FFL or face prosecution! So almost every FFL out there will merely quit the business rather than going bankrupt in legal bills putting up a defense. I'm sure BATFE doesn't want to take them to court but the bluff works in poker and dealing with gov't.
The problem is PROVING to the dealer's satisfaction that you will comply with the Boston Ban by not bringing the goods into the city. I won't say that you can't do it, merely that it's the dealer's call and unless they are ignorant of the Boston Ban (most I'd guess are), those that know aren't likely to take that risk.
I agree. BATFE offers the FFL a "deal" . . . hand over the FFL or face prosecution! So almost every FFL out there will merely quit the business rather than going bankrupt in legal bills putting up a defense. I'm sure BATFE doesn't want to take them to court but the bluff works in poker and dealing with gov't.
The problem is PROVING to the dealer's satisfaction that you will comply with the Boston Ban by not bringing the goods into the city. I won't say that you can't do it, merely that it's the dealer's call and unless they are ignorant of the Boston Ban (most I'd guess are), those that know aren't likely to take that risk.
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The question was "is it legal", not "will an FFL exercising an abundance of caution allow it".
The answers to these two separate and distinct questions are not necessarily the same.
BGRA is located in Boston (Field's Corner, Dorchester IIRC) and thus doesn't comply with the law. I am unaware of any commercial or private gun clubs in MA that have gun storage on-site. MFL does have this capability available for members.
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Rob, I still contend that it is not legal for any FFL to transfer a so-called AW to a Boston Resident unless the buyer can convince the FFL that the gun will NOT be stored anywhere in Boston (or even possessed there at any time). That's a condition of the Licensee (FFL) maintaining their FFL and MA Dealer's licenses.
I would argue it does comply with the law.
The provisions of this act shall not apply to the possession of assault weapons by persons on the property of a lawfully incorporated sporting or shooting club who are licensed to carry firearms under section one hundred and thirty-one of chapter one hundred and forty of the General Laws.
expedition03
NES Member
BS, IBTL! High Cap restrictions are for the residents only!
"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."
Reasonable cause to believe leaves it very open-ended. It could be reasonable to believe that the Boston resident purchaser would store the firearms at a location outside of Boston, based on the law abiding purchaser's statement to do so. Presenting a valid license and passing a background check would provide the seller no reason to suspect that the purchaser intends to break the law or violate a statute. The law does not define, "reasonable cause to believe." The FFL is governed by the Federal Government. The City of Boston has no jurisdiction over an FFL, outside of the city limits. Of course, the Mayor could file a complaint to the Commonwealth or Federal Government. I doubt that the Federal Government would bring a case against an FFL for a violation of City Ordinance by one of their buyers. Is there even one case?
I carry in Boston every weekday. I carry in the subway, and i carry on the commuter rail. I carry around atlantic avenue and through south station. And across the street from the Fed.
It is not illegal.
The amount of bad information out there is amazing. If you are going to post retarded crap like that, back it up with a link to the law. if not STFU and stop writing stupid crap that other people will read and spread around.
So, where is the proof?
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I wouldn't wander those streets any other way. I think we all need to relax a little bit.
like everything else, certain places, illegal to carry,never mind the hi cap mag, top of the list federal court house and boston navy yard 
, USS Constitution is a big nono to go see carrying,even if you do have LTC you WILL NOT BE ALLOWED on the ship. This is posted at both sites when you visit.
, USS Constitution is a big nono to go see carrying,even if you do have LTC you WILL NOT BE ALLOWED on the ship. This is posted at both sites when you visit.
Yes, the area around the Institute for Contemporary Art, Children's Museum and Federal courthouse is so, so scary.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
Really?Folks, Boston is open 5am to 2am, you can come visit and see for yourself, rather than playing Telephone.
Yes, the area around the Institute for Contemporary Art, Children's Museum and Federal courthouse is so, so scary.
Folks, Boston is open 5am to 2am, you can come visit and see for yourself, rather than playing Telephone.
Well I guess I'm throwing murderpan in with Boston.... I was just making a point... But you can never be to careful around them modern artists.....
TayNinh_66
NES Member
Boston is closed from 2am to 5am so they can sweep up the shells and tidy up the crime scenes.
And watch out for the seaport district. It's right next to southie, and southie is right next to dorchester, and dorchester..........
