firearms use while hunting, no FID but with someone who has firearms license

[masduct]

I have a question regarding the use of firearms while hunting. I have a friend that does not own a firearm and does not have an FID or LTC. They live in Massachusetts and have a hunting license. They always bow hunt but were interested in trying a pheasant hunt. Would I be reading the below law as stating they could use my firearm to hunt provided they have the appropriate hunting license and I was present while they were hunting or would they still need thier FID? They are not a federally prohibited person. Would both of us be able to handle a shotgun if I brought 2 of them? I figured I would ask here and see what the concenus was however I may still call DFW to get a clearer understanding.

Persuient to Mass Law c. 140§129C, the following actions are exempted, “the temporary holding, handling, or firing of a firearm for examination, trial, or instruction in the presence of a holder of a license to carry firearms, or the temporary holding, handling, or firing, of a rifle or shotgun for examination, trial or instruction in the presence of a holder of a firearm identification card, or where such holding, handling, or firing is for a lawful purpose.”

 

[Mike-Mike]

Tho only exemption in wildlife laws are for 12-15yo

 

[maee]

Do wildlife laws in Mass also require a LTC/FID, or is that only chapter 148? I mean, this guy has a hunting license and no FID/LTC, so is there actually anything in the wildlife laws that also say that one must have a FID/LTC?

 

[masduct]

That's what I was thinking, but figured I'd ask. Thanks for the quick response!

 

[masduct]

Do wildlife laws in Mass also require a LTC/FID, or is that only chapter 148? I mean, this guy has a hunting license and no FID/LTC, so is there actually anything in the wildlife laws that also say that one must have a FID/LTC?

the only thing I could find regarding that was if the person was from out of state, had a non-resident hunting license, and that state does not have the same firearms requirements, ie Vermont, New Hampshire, etc.

 

[Mike-Mike]

Persuient to Mass Law c. 140§129C, the following actions are exempted, “the temporary holding, handling, or firing of a firearm for examination, trial, or instruction in the presence of a holder of a license to carry firearms, or the temporary holding, handling, or firing, of a rifle or shotgun for examination, trial or instruction in the presence of a holder of a firearm identification card, or where such holding, handling, or firing is for a lawful purpose.”

It would simply say "hunting" in the law. Unfortunately for your friend, it doesn't.

 

[pupchow]

I have a question regarding the use of firearms while hunting. I have a friend that does not own a firearm and does not have an FID or LTC. They live in Massachusetts and have a hunting license. They always bow hunt but were interested in trying a pheasant hunt....

http://www.huntvids.com/video/375/ARROW-AFFICTION-Pheasant-is-better-than-Chicken-but

 

[firestorm]

Why would it have to say hunting? It says "Lawful purpose" Hunting with a hunting license is lawful.

 

[MisterHappy]

First: IANAL

That being said, one of the kids at our club was going on a youth pheasant hunt, and her FID was not yet in. It was up in the air as to whether it would be in on time.

The solution: The hunt organizers had a black powder (muzzle loader) shotgun for her.

The age restirctions WRT sharing a gun while hunting, coupled with the general gun laws, multiplied by out-of-state-ness, would have me be very careful.

Perhaps a call to MassWildlife would be in order.

As to firestorm's point....I'd be VERY nervous if the non-licensed individual was out of the presence (whatever that means ) of the person with the license. The exemption for a kid (<15) hunting mandates that the gun be shared....

Clear as mud, huh?

 

[Mike-Mike]

From MassWildlife

All minors between 15 and 17 years of age must produce the following documentation in order to purchase any hunting or sportinglicense.

*

A basic hunter education course certificate and a letter of consent allowing the minor to hunt from his or her parent or guardian OR
*

A letter signed by the minor's parent or guardian affirming that the minor will be accompanied at all times by a licensed adult while hunting and a letter of consent allowing the minor to hunt from his or her parent or guardian.

No other documents may be accepted from any minor 15 -17 years of age (including a previous year's hunting license) for purchasing a minor hunting or sporting license.

In order to hunt with most types of guns, Massachusetts residents need to contact their local police station and apply for either a Firearms Identification Card (FID) or a License to Carry Firearms (LTC). Contact your local police department for information about your status regarding Massachusetts gun licensing requirements.

 

[Talon3]

This is a common question, the answer is yes the non LTC/FID holder must have their own hunting license. There can only be one long arm / firearm used between the FID/LTC holder and the non FID/LTC holder. IE you cant open the safe and hand em a shotgun and you take a rifle. The idea is when they are holding / shooting / manipulating the long arm / firearm you are supervising and not doing something else. Never allow them to be out of supervisory range: IE you must be close enough to take physical control. Don't allow them to walk off or you walk off to take a leak, scout the area etc. Best practice is to have the licensee , card holder carry at all times until set up in the blind, stand or hunting area, ready to take aim. Note 1 licensee / card holder to non licensee, more than 1 to 1 is bad juju, and never more than 1 firearm / long arm per 2 people.

 

[maee]

From MassWildlife
In order to hunt with most types of guns, Massachusetts residents need to contact their local police station and apply for either a Firearms Identification Card (FID) or a License to Carry Firearms (LTC). Contact your local police department for information about your status regarding Massachusetts gun licensing requirements.

Yeah, but I doubt that is from the wild life law. I think they are just stating the obvious fact that you need a FID/LTC to be in possession of a firearm (by yourself) anywhere in Mass. However, in the Mass. firearms law, another person can be in possession of your firearm if you are standing next to them for training/demonstration purposes. So the real question is, if you are following around somebody without a FID/LTC while hunting, is there anything in the hunting laws in particular that would make it illegal for that person to hunt without their own FID/LTC??

 

[MisterHappy]

Yeah, but I doubt that is from the wild life law. I think they are just stating the obvious fact that you need a FID/LTC to be in possession of a firearm (by yourself) anywhere in Mass. However, in the Mass. firearms law, another person can be in possession of your firearm if you are standing next to them for training/demonstration purposes. So the real question is, if you are following around somebody without a FID/LTC while hunting, is there anything in the hunting laws in particular that would make it illegal for that person to hunt without their own FID/LTC??

I'd say "not in the hunting laws", but in the firearms laws - see talon3's post.

Two hunters with two hunting licenses, two guns and one FID/LTC would equal trouble. The FID/LTC holder would, I'm guessing, not be considered able to be in control of the non-FID/LTC's gun.

They're mass residents, they should get the FID. If they have a Hunter Safety Course cert, that should be sufficient to get an FID.