Clarification of MA laws for ammo storage in vehicle / home

[MisterHappy]

If the long gun is not large capacity, you do not need to case, secure, or lock it for transport (legally speaking). It merely has t be unloaded.

A trigger lock has no legal standing for transport of any long gun.

Stuff it in a case, put the case in the back of the car, toss a blanket and a tennis racket on top, drive the speed limit....exercise Massprudence.


Trigger locks are for storage; keeping it on for transport can't hurt (unless you forget your keys!), but is not required.


IANAL, and all that.

 

[Kevlar]

I have several soft carrying cases for my rifles and shotgun. If I use the soft case with a trigger lock on the gun is that considered secured or must it be in a lockable case? (More money!)

Welcome to NES!

Trigger locks are never sufficient to satisfy the transportation statute.

As MisterHappy stated, non-large capacity long-guns are technically not required to be secured, merely unloaded.

Large capacity long-guns are required to be "...unloaded and contained within the locked trunk ... or in a locked case or other secure container." (MGL 140-131C)

 

[Yoteslayer]

1) All guns that are not under your direct control must be locked up.
2) "Direct control" is not defined in the law and the precedents for it are very unclear.
3) If you put a gun (loaded or unloaded) on your night stand, and leave your bedroom, it would be hard to argue that it is under your direct control.
4) If you leave a gun on your night stand while you are asleep, is it under your direct control or not? One firearms attorney has told me "absolutely not!" Another firearms attorney told me "probably." The second attorney agreed, however, that if you got up in the middle of the night to use the bathroom and left the gun on your night stand, that it is no longer under your direct control.

So, anyone want to be another test case? The last one that went to the SJC just muddied the waters even more.

If you leave the weapon on your night stand and your bedroom door is LOCKED then your good I always keep my bedroom door locked while I sleep with my weapon loaded on my nightstand if you had an intruder and your asleep it would suck to get shot with your own gun ? I keep all my doors locked all the time and a gun is 100 % useless if it’s unloaded

 

[Len-2A Training]

If you leave the weapon on your night stand and your bedroom door is LOCKED then your good I always keep my bedroom door locked while I sleep with my weapon loaded on my nightstand if you had an intruder and your asleep it would suck to get shot with your own gun ? I keep all my doors locked all the time and a gun is 100 % useless if it’s unloaded

I doubt that many judges or DAs in MA would agree with you on the legality.

 

[Palladin]

If you leave the weapon on your night stand and your bedroom door is LOCKED then your good I always keep my bedroom door locked while I sleep with my weapon loaded on my nightstand if you had an intruder and your asleep it would suck to get shot with your own gun ? I keep all my doors locked all the time and a gun is 100 % useless if it’s unloaded

take 15 minutes and read this. The guy had a VAULT which was broken into and he got indicted. Your bedroom door isn't shit

About 40 guns stolen from Lowell home

http://www.lowellsun.com/ci_17006977 WTF is this world coming too? I tell you that shit in a hand basket theory is for sure coming to light and quick. Note to self...Four seasons visit for more ammo this weekend [thinking]

www.northeastshooters.com

Lowell Police statement on stolen guns - RichardHowe.com

Here’s the full text of a statement issued by the Lowell Police Department regarding the 40 guns that were recently stolen from a residence in the Acre: An intense and comprehensive investigation into the theft of numerous firearms from a residence on Dublin Street is currently under way. The LPD…

richardhowe.com

The LPD is reviewing all aspects of State and Federal gun laws to determine if there are any violations. The gun owners Massachusetts License to Carry a Firearm was immediately revoked by Superintendent Kenneth Lavallee.

 

[drgrant]

take 15 minutes and read this. The guy had a VAULT which was broken into and he got indicted. Your bedroom door isn't shit

About 40 guns stolen from Lowell home

http://www.lowellsun.com/ci_17006977 WTF is this world coming too? I tell you that shit in a hand basket theory is for sure coming to light and quick. Note to self...Four seasons visit for more ammo this weekend [thinking]

www.northeastshooters.com

Lowell Police statement on stolen guns - RichardHowe.com

Here’s the full text of a statement issued by the Lowell Police Department regarding the 40 guns that were recently stolen from a residence in the Acre: An intense and comprehensive investigation into the theft of numerous firearms from a residence on Dublin Street is currently under way. The LPD…

richardhowe.com

The LPD is reviewing all aspects of State and Federal gun laws to determine if there are any violations. The gun owners Massachusetts License to Carry a Firearm was immediately revoked by Superintendent Kenneth Lavallee.

Actually this is the case I love to reference in regards to pant shitters.... and how they act in futility. Basically no matter what you do, if the state wants you badly enough, there's not much you can do. Dodging the state is as much luck as it is having good counsel.

"Hung Lo, also flew low to avoid the radar."

 

[Eyerdesch]

It must be "unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container" (M.G.L. c.140 s.131C)



Incorrect. The unloaded firearm and the ammunition may be secured together.



See previous answer.



Ammunition must be "stored in original containers and such containers shall be stored in a locked cabinet, closet or box". (527 CMR 13.04)



Yes, and unlike storage in a vehicle, firearms may be stored loaded.



No problem dave, and welcome to NES!

Thank you so much for all this information. It is extremely helpful for new gun owners like myself.

 

[SgtHal75]

Time to get this outstanding thread revived…With society collapsing and given the fact that a poor MA gun owner could be caught in a teen flash mob or a 2 way rifle range with the LGBT Brigade, it’s time to talk about protection in our vehicles. We have a lot of advances in kit and gear since the beginning of this thread. I’m clear on firearm transporting and storage in a vehicle but let’s talk ammo. It can roll around on the floor, it can be loaded in a mag, it can be stacked to the roof, etc.. BUT…..can the loaded mags be set up in a plate carrier or belt ready to go?

Now, hopefully you have time to throw on your armor and get to your locked container or trunk for your blaster and be ready to survive the mob

 

[Joeldiaz]

can the loaded mags be set up in a plate carrier or belt ready to go?

Yes. MGL has no stipulations on ammo storage.

 

[M1911]

Holy necrothread.

 

[SgtHal75]

Holy necrothread.

Could’ve been worse…I could’ve started a completely new thread without doing my research first .

 

[Rick O'Shea]

 

[Bigfudge16]

Holy necrothread.

You were just a young man when this thing started...

 

[Shevchenko]

Could’ve been worse…I could’ve started a completely new thread without doing my research first .

Ya can't win on here without a 100% unique, fresh post, but God help you if it's a new Globe article

 

[SgtHal75]

Ya can't win on here without a 100% unique, fresh post, but God help you if it's a new Globe article

If I started a new thread on it the Dupe police would of f***ing nuked me.

 

[Mesatchornug]

If I started a new thread on it the Dupe police would of have f***ing nuked me.

FIFY. He did say you couldn't win

I really don't understand the hate on necrothreads - if we really wanted them to stay dead, I'm sure the forum software could be set to automatically archive after some period of inactivity. Ironically, while "dupe police" are complaining about an unwillingness to do research on the part of the poster, the "necro cops" (to coin a term) are usually complaining about their own inability to read the date of the first post, then click "Jump to New."

 

[SgtHal75]

FIFY. He did say you couldn't win

I really don't understand the hate on necrothreads - if we really wanted them to stay dead, I'm sure the forum software could be set to automatically archive after some period of inactivity. Ironically, while "dupe police" are complaining about an unwillingness to do research on the part of the poster, the "necro cops" (to coin a term) are usually complaining about their own inability to read the date of the first post, then click "Jump to New."

One does not resurrect a thread without exposing himself to the dupe police and the necro police

 

[KMM696]

One does not resurrect a thread without exposing himself to the dupe police and the necro police

I've got half those guys for you....

 

[Georgiak9]

If I started a new thread on it the Dupe police would of f***ing nuked me.

I'm just happy to be reading something related to firearms. Even if it's 13 years old

 

[APFSDS]

OK, I thought I understood this part of the law but turns out I don't. My god it should not be this hard to understand this. The 400+ page long (ooh brother) "MA Law Enforcement Guide to Firearms 15 ed" has this to say about section 131C (transporting firearms in a vehicle):


Notice the highlighted part. So, it looks like it's saying section 131L applies if the vehicle is unattended since you are "storing" and not "transporting." Section 131L is just the safe storage law that requires you to lock up guns, but doesn't say they have to be unloaded. So it would *appear* to me that, if you're driving in the car and have any gun not in your direct control you must have that gun unloaded (long guns that are non-large cap) or unloaded and locked (pistols and long guns that are "large" cap). BUT if you park, take your loaded handgun out of the holster on your body, put it in a lock box inside your car and then leave, you are in compliance with the law. Is that right? If that is not the case and you have to store it unloaded in your car, what about the case where you park the car in your garage...it's now inside the house, right? So can it legally be loaded then?

 

[meh]

BUT if you park, take your loaded handgun out of the holster on your body, put it in a lock box inside your car and then leave, you are in compliance with the law. Is that right?

I think there was a case, I vaguely remember @Len-2A Training mentioning it, or maybe @Rob Boudrie , they're usually good for these, but the bottom line might just be that unless you want to make the argument in court, which I think most of us would rather not, it's best for guns to be unloaded when stored in an unattended vehicle.

 

[M1911]

The SJC had a prefect opportunity to clarify the law regarding storage versus transport. As expected, they decided to muddy the waters instead.

 

[Len-2A Training]

I think there was a case, I vaguely remember @Len-2A Training mentioning it, or maybe @Rob Boudrie , they're usually good for these, but the bottom line might just be that unless you want to make the argument in court, which I think most of us would rather not, it's best for guns to be unloaded when stored in an unattended vehicle.

From my Mass Gun Law Seminar:

•Comm v. Reyes (SJC-11270) – Firearm secured in vehicle (glove box), vehicle =/ locked container. Storage conviction to be re-tried! Not Guilty re Carrying. (CO worked at Essex Cty Jail). Reverted back in District Court.

It was loaded and allegedly in his holster, stored as such in his glove box when he went into the jail to work his shift. He was convicted, appealed and the SJC reviewed the case, threw out one conviction and remanded it back to the district court to re-try the other charge. No idea how it finally shook out.

 

[APFSDS]

I think there was a case, I vaguely remember @Len-2A Training mentioning it, or maybe @Rob Boudrie , they're usually good for these, but the bottom line might just be that unless you want to make the argument in court, which I think most of us would rather not, it's best for guns to be unloaded when stored in an unattended vehicle.

So, this particular gun safety law requires that everyone handle a loaded gun, in public, then allows for the storage of the now unloaded firearm right next to a loaded magazine inside of a flimsy lock box that doesn't even need to be bolted down to anything. And you're a potential felon/misdafelon if you don't comply. Makes total sense.

 

[meh]

So, this particular gun safety law requires that everyone handle a loaded gun, in public, then allows for the storage of the now unloaded firearm right next to a loaded magazine inside of a flimsy lock box that doesn't even need to be bolted down to anything. And you're a potential felon/misdafelon if you don't comply. Makes total sense.

That's pretty much how I understand it. Everything makes sense when you realize the point is to convince you that it's not worth it even to possess a gun, let alone to carry one.

 

[Rat187]

Yes. MGL has no stipulations on ammo storage.

A friend just asked me this question, unsure, I told him to look it up, and the reply back I got from him was has to be stored under lock and key, and in the original containers.... Can anyone clarify this?

 

[Shevchenko]

fwiw, back when I lost my license for having a seizure with a gun out blah blah, during my show cause hearing the skeleton posing as a magistrate was mortified that I had unsecured ammo (9mm) but the great @nstassel made quick work of his arguments and the skeleton denied the criminal complaint (with caveats) and returned to the crypt from whence he came.

 

[Mesatchornug]

A friend just asked me this question, unsure, I told him to look it up, and the reply back I got from him was has to be stored under lock and key, and in the original containers.... Can anyone clarify this?

officially, yes. It's fire code, not MGL
527 CMR 1.00

1.12.8.39.1.1.4 Permits Not Required.
Permits shall not be required for the following:
(1) For smokeless propellants displayed in commercial establishments intended for sale and not exceeding 25 lbs. and stored in original manufacturer's containers of one lb. maximum capacity.
(2) Small arms ammunition, primers, smokeless propellants and black powder stored in original containers and stored in a locked cabinet, closet or box when not in use as provided in Section 1.12.8.50. Small arms ammunition, as used here, shall mean any shotgun, rifle, or pistol cartridge and any cartridge or propellant actuated devices, excluding military ammunition containing bursting charges or incendiary, tracer, spotting, or pyrotechnic projectiles.

 

[Rat187]

officially, yes. It's fire code, not MGL
527 CMR 1.00

Sweet Jesus, Fire Code! If they can't fry you one way, fry you another....lol

 

[rogersmithiii]

There is no specific law about "storage in a vehicle." There is a law about storage, which does not disallow loaded storage. There is a law about transport in a vehicle, which requires guns that are not in your direct control to be unloaded.

What is unclear to me is which of the laws (transport or storage) governs while the vehicle is parked and unattended. I think the conservative recommendation is to obey the stricter law (i.e., transport which requires the gun to be unloaded).

Isn't it more dangerous to remove the loaded gun from your holster, unload it, store in the vehicle, reload and reholster? Handling guns is when NDs typically occur.