FID card required to posess spent brass?

[saj12100]

I keep hearing that you need an fid card to posess spent brass in MA, is that true?

 

[richc]

I keep hearing that you need an fid card to posess spent brass in MA, is that true?

I believe that spent brass falls under the MA definition of ammunition, and thus requires an FID card or better.

Interestingly... that is one reason I wanted my son to get an FID card at age 16... so if I left ammo, or just a spent case in the car or trunk by accident, he would be legally covered.

 

[jasons]

MGL Chapter 140, Section 121:
“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.

Pretty lame, huh?

 

[Amazon]

yes, spent brass is a reloading component. Even a spent 22 casing...

 

[Kevlar]

Yes, a minimum of a FID-C is required to possess cartridges or components.

 

[Knuckle Dragger]

There's actually recent case law on this, but I can't find it at the moment. Of course, possession of spend shells wasn't the only thing he was charged with!

 

[SeanT]

This is so stupid. A Facebook friend was recently very happy that he received a keychain made from 500 brass. I then had to explain to him how he needs to be licensed to posses. Turns out he already had the license, but the law is full retard.

 

[edhead35]

I had heard the guy had a spent case in his pocket from shooting in NH, and got pulled over and caught with it. It had bounced off the wall and went in his pocket.

 

[saltydude]

This is so stupid. the law is full retard.

+10000000000000000000000000000 You've got to be kidding me!!!!!!

Never used that expression much but in this case it's totally appropriate. Truly FULL RETARD. What else? Lead, targets, shirts with firearm logos? Rediculous!

 

[Kevlar]

There's actually recent case law on this, but I can't find it at the moment. Of course, possession of spend shells wasn't the only thing he was charged with!

More recent than Comm. v. Truong (2010)?

.....This court concluded that G. L. c. 269, § 10(h), criminalizes the possession of spent shell casings, which constitute "cartridge cases" within the meaning of the statute; further, this court discerned no ambiguity in that term that would render the statute void for vagueness.

This court concluded that G. L. c.269, § 10(h), which prohibits the possession of ammunition without a firearm identification card, plainly bears a reasonable relation to a permissible legislative objective, i.e., the protection of the public from the danger posed by the assemblage and usage of ammunition, and thus does not violate the due process clause of the Fourteenth Amendment to the United States Constitution; for the same reason, the statute does not violate the Massachusetts Constitution.....

 

[Knuckle Dragger]

More recent than Comm. v. Truong (2010)?

That's it. Thanks!

 

[Amazon]

yup...totally full retard. Have to tell students or anyone else unlicensed I bring to the range to make sure there's no brass stuck in their clothes, lug of their boot/shoe, shirt pocket, etc. No souvenier (like when we were kids!).

 

[MisterHappy]

"Check your pockets!" is a mantra for my kids when heading off to school.

As soon as they can get the ol' FID, they will, so that they can have empty shotshells.....

 

[cockpitbob]

I just moved back after a bunch of years in the land of fruits & nuts (CA), but even in that libtard hell hole my boys were able to fill their pockets with spent brass at the range. For months after we moved back to MA my boys were bringing me spent brass they found in a moving box, dresser drawr, etc. It took a while for me to get across to those young kids that grown-ups can make some stupid laws and we just have to obey.

 

[saj12100]

Yea, that stinks, thanks for your answers everyone!

 

[Phips]

What about disposal? If you place your hulls/casings in the trash, is the driver "in possession"?

 

[gunclinger]

Do you need a LTC-B or better to possess empty casings from handgun ammo? LTC-A to possess more than 10?

 

[antdfsc]

I definitely remember as a kid running out into the cemetery on Memorial day to pick up casings when they shot off the rifles... Good thing I didn't get caught with them, or i probably would have been denied my LTC!

 

[Racenet]

Do you need a LTC-B or better to possess empty casings from handgun ammo? LTC-A to possess more than 10?

You need pre-ban pockets to possess more then 10.

Why anyone even lives in that state is beyond me.

 

[speedy]

When I was a kid, we used to compare casings in school to see who had the biggest one. LOL How times have changed...for the worst.

 

[Dradian]

When I was a kid, we used to compare casings in school to see who had the biggest one. LOL How times have changed...for the worst.

We used to find 20 gauge shells in the fields next to the playground in elementary school on mondays. Guess there was good bird hunting near the school. That was a long time ago....

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[emccarthy]

So this part of the law accomplishes what exactly? Prevent unlisenced persons from throwing brass at someone, thus preventing a potential eye injury? Lol....silly mass laws

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[waltherlover]

I think you are missing the point of the MA gun laws. They aren't supposed to make sense - they are supposed to be as oppressive and draconian as they can be. They are intentionally vague so that you can arrested for a felony for doing nothing wrong.

That's why we have a law enforcement guide to the gun laws that is over 400 pages long. In NH, I think it would be 20 pages max.

Because, as we know - when you have the highest gun crime rate in the country, you must be doing something right with the firearm laws.

 

[Coyote33]

I keep hearing that you need an fid card to posess spent brass in MA, is that true?

I think so, but I really doubt anyone would really enforce this against anyone, unless they were doing something REALLY BAD, and it would then be an add on charge.


When we were kids, we'd go down to the "bullet yard" (basically an area to the side of a big commercial sandpit) and pick bullets out of the sand and wood with our knives. We'd all load up our pockets until our shorts were practically falling off. We'd combine that with a swimming fishing trip in the local river (now "off limits" because it feeds the Wachusett Res.). Whoever got the biggest (.45) and least deformed "won", and we'd go home and line them all up. We'd also try to collect all different sorts of brass, and line those up as well. The 30-06 was a coveted one, especially after we saw some guy come and shoot one (that was L-O-U-D!).

Good times.

 

[Climbnsink]

I definitely remember as a kid running out into the cemetery on Memorial day to pick up casings when they shot off the rifles... Good thing I didn't get caught with them, or i probably would have been denied my LTC!

Yup. We did the exact same thing couldn't wait to scour the ground for empties.

 

[richc]

I asked my lawyer about this once... a potential situation.

My daughter gets pulled over in my car and they have probable cause to search. They open the trunk and find a few brass casings rolling around. There's a law against her being in possession of those. What would happen.

His opinion was if she did not know they were there and explained that you were a shooter and belonged to you he doubted anyone would charge her. And even if they did he doubted a DA would follow through with the charges in court. And even if the DA did he felt a judge would throw the case out of court and give the DA a tongue lashing for wasting his time.

That's one man's opinion, certainly, but this is a very reasonable, level headed lawyer.

 

[OfficerObie59]

I definitely remember as a kid running out into the cemetery on Memorial day to pick up casings when they shot off the rifles... Good thing I didn't get caught with them, or i probably would have been denied my LTC!

Not only that, but how many people here have seen a deactivitaed link of 2 or 3 .50BMG rounds for sale at air/militaria non-gun shows?

I know I bought a couple as a kid and never thought twice. Fubar law, if you ask me.

 

[Bob P]

Not only that, but how many people here have seen a deactivitaed link of 2 or 3 .50BMG rounds for sale at air/militaria non-gun shows?

I know I bought a couple as a kid and never thought twice. Fubar law, if you ask me.

Hell, I was at a recent militaria show in MA and vendors were selling magazines along with all of the other surplus stuff.

It's a really stupid law. That stuff is no danger t anyone at ALL without the gun.

 

[OfficerObie59]

His opinion was if she did not know they were there and explained that you were a shooter and belonged to you he doubted anyone would charge her. And even if they did he doubted a DA would follow through with the charges in court. And even if the DA did he felt a judge would throw the case out of court and give the DA a tongue lashing for wasting his time.

That's one man's opinion, certainly, but this is a very reasonable, level headed lawyer.

That's certainly the likely scenario, but all it takes is one cop with a lot of knowlege having a bad day.

Say her boyfriend is sitting in the passenger seat, wants to impress her, and starts getting mouthy with the cop? I've seen it happen. And in those cases the officer is much less likely to be sympathetic to the accidental placement of spent cases.

Just a thought.

 

[OfficerObie59]

That stuff is no danger t anyone at ALL without the gun.

Or without the powder charge, bullet, and a new primer.