I have been reading for an hour and getting a headache. I got a Non res LTC Restricted to Sporting. If I am traveling through MAss to NH from Ct..How do I need to carry it in my vehicle ? Locked and unloaded or on my person ??
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Just got my non resident LTC...Now what ?
- Thread starter acesneights1
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Some of the most recent threads I have read in this section say unless I have "no carry" stamped on it, I can carry it on my person to and from restricted activity ?? I am so confused...
Jbarila
NES Member
Volker-McClure act (FOPA) Unloaded, in a locked case in the trunk if you have one. Ammo separate from firearm. If stopped in Mass not required to tell officer you have firearms but if he asks you are required to tell him the truth. Not a bad idea to Google FOPA, print a copy and have it in the car.
This would keep you legal even without a MA LTC. Since you have it, you could transport the same way, or ammo and gun together provided the gun is unloaded.
For a more specific answer, what are you transporting? Pistol, low or high capacity rifle, shotgun? Is it MA compliant?
Why would you suppose a nonresident restriction means anything different than a resident restriction?
It doesn't, and "can I carry on a restricted LTC" is a question that's been answered 1.5 million times here. Locked, unloaded, and inaccessible. Any other way is probably unlawful, despite what you've heard about "no carry" stamps (wtf is that?). You can read threads until the cows come home; the threads won't give you the answer you want. If you carry on a restricted LTC and care to comply with the law, you must stop carrying.
It doesn't, and "can I carry on a restricted LTC" is a question that's been answered 1.5 million times here. Locked, unloaded, and inaccessible. Any other way is probably unlawful, despite what you've heard about "no carry" stamps (wtf is that?). You can read threads until the cows come home; the threads won't give you the answer you want. If you carry on a restricted LTC and care to comply with the law, you must stop carrying.
The difference is that FRB has explicitly defined the restrictions applicable the non-resident licenses which they issue; which are provided along with each application and non-resident license issued.With respect to resident licenses, different towns apply their own unique and sometimes differing meanings to restrictions. [or sometimes do not adequately define the restrictions] The point of confusion comes from FRB's inclusion of the "Includes travel to and from activity location" verbiage within the definition of the restriction, in conjunction with the initial restricts possession to verbiage which is found within each restriction. Definition of sporting restriction applicable to NR licensees per 2015 applicant letter:
With respect to the "no carry" stamp that you refer to. This is/was identified as a line titled "No Carry OUtside Restriction." That is no longer presented on the letter provided with applications. It is (or was still, as of 1 August 2016) referred to on the letter included with NR licenses. On that letter it was listed in line with the other restrictions (presenting like another restrictive option). I'm not sure if it is another restrictive endorsement that FRB will put on the license OR if that paragraph is intended to help clarify to non-resident licenses the extent of their privelege pursuant to a restricted license. Text- (taken from 2013 application letter- mirrors text on letters accompanying licenses)
If the OP is unsure what his restriction means, or if a certain activity falls within its perameters, he should contact FRB. As the agency processing/ managing the licenses on behalf of MSP, their opinion is the one that the OP needs to consider.
"Here's your License to Carry (LTC), but we restricted it so you can't carry..."
Yes and no.
Contrary to what certain organizations promote, a restricted license doesn't prohibit carry altogether (unless restricted in such a manner, i.e. in home possession only-- which facially would ). Rather it may restrict when, where, and how a person may carry. Though this is a nuanced difference, it is important. For example, if an individual applied to certain issuing authorities seeking a license based on a desire to carry for while engaged in certain occupancy and were granted an employment restricted license, it would be reasonable (to me as knowledgeable lay person) that so that such person would have (serious) difficulty proving a claim that the issuing authority injured him/her. (After all they would not be restricted from carrying in the circumstance for which they specified on the application)
The other thing to consider is more technical in nature. In Massachusetts, carry as a legal concept encompasses two different concepts. One such concept is carry as typically use the word, to refer to it- meaning to carry a weapon upon or about your person, in public. The other is carry in the sense of transport. An LTC covers both such activities. So, the simple act of transporting an unloaded/encased handgun would also fall under the definition of carry.
Tangentially, and of greater concern for residents than non-residents, is that an LTC is the only mechanism by which an individual can maintain a firearm (handgun) in his or her home or place of business. Though we typically consider LTC for what they facilitate in the public space, the reality is that with an FID/purchase permit a resident is no longer able to purchase a firearm to keep in the home. Rather, the firearm (in that circumstance) would need to be stored at a range that has a Class A club LTC. Moreover, even the simple act of purchasing a firearm on an FID/ pistol purchase permit would in practicality be a contrived process, since the individual would not be able to transport the firearm to its destination and also (except in very narrow circumstances) would generally not be able to possess to firearm, loaded or unloaded, in the public space. [I'm actually unsure if following all federal procedures, if transfer from an FFL to a FID/purchase permit holder could even be carried out, notwithstanding a special event at the location where the firearm were to be stored, or such buyer would potentially be limited to private party sales, conducted at a very specific location]
IN OTHER WORDS, A RESTRICTED LICENSE IS BETTER DESCRIBED AS ALLOWING CARRY, SUBJECT TO THE RESTRICTIONS IMPOSED ON THE LICENSEE, AS OPPOSED TO DISALLOWING CARRY ALTOGETHER- UNLESS A LICENSE WERE ISSUED WITH THAT RESTRICTION AND WE WERE DISCUSSING THAT SPECIFIC LICENSE.
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AHM
NES Member
FTFY.
Believe it or not, the Mass. judiciary actually ruled that if you are under custodial interrogation, the police can demand that you show them your license. However, if they ask if you have a license, you don't have to answer.
Commonwealth v. Haskell, 438 Mass. 790, 793 (2003)
Of course, it wouldn't be Massprudent to take the fifth if you've got the license on you.
They can take your firearm, rifle or shotgun into custody if you can't exhibit your license.
P. S. Check out the skyline over Sam U. L. Jackson's left forearm -
does anyone else see what I see?
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I have heard that Boston used to stamp "No concealed carry" on the old paper LTC prior to lamination so that people could not play word games like "I was on my way to the 24 hour range where I maintain a membership".
They aren't that slow at renewing them. I put my renewal application in the mail on/about 31 March 2018. The envelope my future dated renewal license came in was post-marked 4 June 2018. My longest wait time which I have experienced for my NR LTC was my initial issue, which was near 7 months (from when I put my application in the mail to when my license showed up in my mailbox).
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Some people believe they can "conceal carry" with a restricted license because "their local PD would define the restriction in writing" correct me if Im wrong but lets assume that your local PD put it in writing that you can "conceal carry" from and to your "activity" but in your way there you stop by a convenience store carrying conceal and you pull that weapon out God forbid, and lets say nothing happens you didn't fire the weapon because the threat surrender. Cops come in. Wouldn't they take your license. You literally used your weapon for an unlicensed act. Your license with a restriction is restricted to that activity, only to be used for home defense and for the activity that was restricted to for example a "Hunting and Target" only to be used for Hunting and Target and home defense. Your restricted license is not a "all purpose" "Carry every where u can" "for any reason you want" I could be super wrong and If I am then probably will be schooled here but thats why Im writing this because If Im wrong then will like to know.
In most cases the PD responding will take your gun and LTC regardless of any restrictions (or none) and contact the licensing authority that issued it. It will be up to them wrt revoking or not.
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You complicate things. Simple - the issuing PD is judge and jury when it comes to "do you keep your license if caught carrying to/from a range". Logic dictates that a PD that is inclined to issue licenses with restrictions would not be one of those that would respond to such carry with "good for you". There are such PDs in MA, but if you are fortunate enough to deal with one, you will not be getting a restricted LTC.
Remember, only about 8% of MA LTCs are restricted. If you get one, it means you are dealing with a PD that is taking a much more anti-gun rights stance than the vast majority of departments.
