Gun stores and locks.

[atmay]

why

Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

140MGL131C

 

[kevin9]

why

Worthless from a legal compliance perspective, because the law governing transportation of guns specifies a locked trunk, locked case, or other secure container. A trigger lock is none of these.

 

[davemata]

From my reading, either the manufacturer, distributor or dealer must supply the "safety device":

Non-large capacity long arms must simply be unloaded.

Well, what does "include" mean? Since not specifically declared as having an alternate meaning, could the purchaser provide a lock to the seller at time of purchase, which then the seller then includes in the sold goods container/package at the conclusion of the successful purchase?

Now I have to find a chapter that details what the difference between a high-cap and low-cap long arm is, I'm sure my 10rd magazine on my 10/22 is high cap, but a pump shotgun with 3+1?

 

[atmay]

Well, what does "include" mean? Since not specifically declared as having an alternate meaning, could the purchaser provide a lock to the seller at time of purchase, which then the seller then includes in the sold goods container/package at the conclusion of the successful purchase?

Now I have to find a chapter that details what the difference between a high-cap and low-cap long arm is, I'm sure my 10rd magazine on my 10/22 is high cap, but a pump shotgun with 3+1?

That's a good question, and quite frankly I don't really know the answer.

Your 10/22 is NOT a large-capacity long arm. Nor is your pump shotgun.

The 10/22 doesn't ship from the manuf with large capacity magazines (the only ones available are aftermarket), and manually operated long arms are specifically exempted from being "large capacity", no matter the capacity.

ETA: Large Capacity for a rifle is >10 rounds, >5 for shotgun.

 

[davemata]

The 10/22 doesn't ship from the manuf with large capacity magazines (the only ones available are aftermarket), and manually operated long arms are specifically exempted from being "large capacity", no matter the capacity.

ETA: Large Capacity for a rifle is 10 rounds, 5 for shotgun.

Which means in theory, the 10/22 gets locked in a hard case (10 rd. mag), where the pump shotgun can ride along unlocked, maybe in a rifle blanket, and I'd be "safe" to the letter (practice notwithstanding) of the law? I swear the writing on these laws is so piss poor.

 

[Dench]

Worthless from a legal compliance perspective, because the law governing transportation of guns specifies a locked trunk, locked case, or other secure container. A trigger lock is none of these.

So I can just throw my AK in the trunk and not lock it with some gay cable lock etc?

 

[Kevlar]

Non-large capacity long arms must simply be unloaded.

Until/unless you stop and exit the vehicle, in which case a minimum of a trigger lock is required.

 

[Kevlar]

So I can just throw my AK in the trunk and not lock it with some gay cable lock etc?

Yes, providing it's a locked trunk (separate from the passenger compartment).

 

[atmay]

Until/unless you stop and exit the vehicle, in which case a minimum of a trigger lock is required.

What, my back seat isn't a 'secure container' in compliance with storage regulations?

 

[kevin9]

Yes, providing it's a locked trunk (separate from the passenger compartment).

And the AK is unloaded.

 

[DickWanner]

That's a good question, and quite frankly I don't really know the answer.

Your 10/22 is NOT a large-capacity long arm. Nor is your pump shotgun.

The 10/22 doesn't ship from the manuf with large capacity magazines (the only ones available are aftermarket), and manually operated long arms are specifically exempted from being "large capacity", no matter the capacity.

ETA: Large Capacity for a rifle is 10 rounds, 5 for shotgun.

Large capacity for a rifle is more than 10 rounds, large capacity for a shotgun is more than 5 rounds. Either has to be semi-automatic or it is not large capacity.

 

[Kevlar]

What, my back seat isn't a 'secure container' in compliance with storage regulations?

Not according to EOPSS...

A person leaving a non-large capacity rifle or shotgun in an unattended vehicle is required to lock the rifle or shotgun in a case/container or in the trunk, or install a mechanical locking device on the weapon (i.e. cable or trigger lock).

http://www.mass.gov/?pageID=eopster...ntent&f=chsb_frb_faqs&csid=Eeops#transporting

 

[atmay]

Large capacity for a rifle is more than 10 rounds, large capacity for a shotgun is more than 5 rounds.

That's what I meant. It might not be what I said, but it's what I meant. That counts, right?

 

[atmay]

Which means in theory, the 10/22 gets locked in a hard case (10 rd. mag), where the pump shotgun can ride along unlocked, maybe in a rifle blanket, and I'd be "safe" to the letter (practice notwithstanding) of the law? I swear the writing on these laws is so piss poor.

Sorry, I forgot a word or two when I wrote that. The 10/22, in theory, should also be fine unloaded, unlocked, on the back seat or whatever, as well as the shotgun.

Not according to EOPSS...



http://www.mass.gov/?pageID=eopster...ntent&f=chsb_frb_faqs&csid=Eeops#transporting

That's what I figured. Now my question is, is this actually codified in law somewhere, or is it EOPSS' opinion/de facto because cops statewide will enforce the law like that? And/or is there caselaw specifically stating that an unattended vehicle is not, in and of itself, a locked, secure container?

 

[davemata]

Sorry, I forgot a word or two when I wrote that. The 10/22, in theory, should also be fine unloaded, unlocked, on the back seat or whatever, as well as the shotgun.

Ah, ok, and thanks Dick.

It's all theory, tbh, I'm not going to chance it and keep it in the case during transit anyway. If I get a chance I'll run "included" by a couple lawyer friends I have, and see what they say, it's all theory, but would be interesting to see what they have to say. One is MA bar, and the other is TX bar.

 

[DickWanner]

Ah, ok, and thanks Dick.

It's all theory, tbh, I'm not going to chance it and keep it in the case during transit anyway. If I get a chance I'll run "included" by a couple lawyer friends I have, and see what they say, it's all theory, but would be interesting to see what they have to say. One is MA bar, and the other is TX bar.

Good (safe) stance to take.

 

[MarVin]

When you head in to your average shop (I'm hoping to get to FS soon) should you expect that you're going to be dropping cash on a new trigger lock, even if you bring your own?

Or pick up a free one at your local PD (if they have it) and bring it with you! That is in case of a used piece without a lock, or an import. All the new ones I purchased with the exception of AK47 and Saiga came with a lock as part of the package...

 

[john_h]

Or pick up a free one at your local PD (if they have it) and bring it with you! That is in case of a used piece without a lock, or an import. All the new ones I purchased with the exception of AK47 and Saiga came with a lock as part of the package...

But some stores will not accept a customer provided trigger lock on a used gun (if the lock isn't part of the package). They make you purchase one. It's annoying really.

 

[DickWanner]

That's what I meant. It might not be what I said, but it's what I meant. That counts, right?

Happens to me all the time, if only NES users could get inside my head they'd probably understand me a lot better

 

[Disgorge]

Until/unless you stop and exit the vehicle, in which case a minimum of a trigger lock is required.

So you can't take the rifle in a soft, unlocked case out of the trunk into the range or your house without a trigger lock?

 

[davemata]

So you can't take the rifle in a soft, unlocked case out of the trunk into the range or your house without a trigger lock?

Depends, I'd say. What is the rifle?

 

[DickWanner]

So you can't take the rifle in a soft, unlocked case out of the trunk into the range or your house without a trigger lock?

You can without a trigger lock. Kevlar meant for 'storage' in a vehicle that you are not in.

Depends, I'd say. What is the rifle?

Rifle type is irrelevant.

 

[Disgorge]

I'm so confused. [sad2]

 

[davemata]

Rifle type is irrelevant.

Ok, my brain is tired but... is rifle type irrelevant if it's a high cap?

 

[DickWanner]

Ok, my brain is tired but... is rifle type irrelevant if it's a high cap?

It's irrelevant in the fact that he's storing either type in the trunk and carrying them to his car in an enclosed case.

 

[DickWanner]

I'm so confused. [sad2]

Okay, transportation 101:

Non-large capacity rifles and shotguns need to be unloaded for transport. There is no locking requirement, but it's generally not a good idea to leave a pump action on the back seat of your car while driving around. Once you exit the vehicle without the firearm, it must be secured with a minimum of a trigger/cable lock.

Large-capacity rifles and shotguns (that is being semi-automatic and accepting more than 10rds for rifle, 5rds for shotgun) must be unloaded and in a trunk or other secure container for transport.

Keep in mind that you cannot carry a rifle or shotgun on a public way (there are hunting exemptions) and they must be in an 'enclosed case' (no locking requirement).

Handguns must be either under your direct control with an unrestricted LTC-A, or in a trunk or other secure container. A locked glove box is not a secure container, nor is a glove box, center console, or under the seat good for legally transporting.

Doesn't the GOAL fact sheet cover all this?...

 

[uncle griz]

I bought 2 hand guns in the last 30 days from FS and locks came with both of them. They were in the case from the manufacture.

 

[davemata]

It's irrelevant in the fact that he's storing either type in the trunk and carrying them to his car in an enclosed case.

Oh shit, ok, I missed that they were in a trunk.

 

[Andreas]

They were in the case from the manufacture.

I'm glad SOMEONE buys new ones, otherwise I wouldn't get all these nice used ones!

 

[Rob Boudrie]

The MA EOPS has ruled that the requirement may not be met by the customer supplying their own lock; it must be sold with the gun. Although the requirement does not apply to low cap log guns and stripped frames, some dealers have been known to require locks be purchased with these items as well.