***I am not a lawyer, but this is a link to a post with the contact info for several highly respected Massachusetts attorneys. What I am posting here is based on my understanding of Massachusetts law; I've provided links so that you can do your own research and draw your own conclusions, but if you think that any of this may apply to you, contact a real lawyer...I'm just some guy on the Internet. ***
In Massachusetts, there are several types of convictions that will result in losing your LTC and/or being disqualified for life from obtaining a Mass. LTC. Many people know some of the more common ones, but there are some that aren't very well known. To keep things fairly short, I'm not going to get into the more obvious things such as domestic violence convictions, restraining orders, drug convictions or felony convictions (but remember, some misdemeanors are considered felonies under Federal law, I explained this in the thread Stuck with an FID? You might be a federally prohibited person). Although LTC’s are issued at the discretion of the local police chief in MA, if you are convicted for violating any of the laws that I’m listing here the chief will have no discretion, and you will not be able to be issued an LTC.
As a gun owner in Massachusetts, there are several laws that you might break unknowingly with your guns or ammo that can result in losing your Mass. LTC for life.
The law on the subject of LTC eligibility is MGL 140-131(d)(i), which lists all of the criminal convictions that will bar you from obtaining an LTC. It says:
(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;
On the surface the part that I bolded seems simple, and it brings to mind images of gun runners or criminals doing evil deeds with their guns. However, there are several little known possible weapons violations in Mass. that will trigger this. Keep in mind, this means any conviction involving weapons (defined by MGL 140-121 as guns) where a term of imprisonment may be imposed, even if no jail time was ever served and it happened out of state. Below I'm listing several gun laws that you might not know you're breaking, but remember, this applies to any gun laws.
Selling ammunition without a License to Sell Ammunition
Massachusetts General Laws Chapter 140 Section 122B says:
Chapter 140: Section 122B. Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties
Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed.
<snip>
Whoever not being licensed, as hereinbefore provided, sells ammunition within the commonwealth shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years.
And before people chime in and tell me that this only applies to retail ammunition sales, according to case law it appears that it applies to any sales of ammunition in MA. In the Mass. SJC case Commonwealth v. Ben Seay (1978) the courts let Mr. Seay's conviction under this charge stand for selling a mere six rounds of ammunition without being duly licensed. You can't sell ammo even if you're legally selling someone a gun without violating this. An LTC or FID only allows one to purchase and possess ammo in MA, not sell it.
Now remember, MGL 140-121 defines ammunition as:
“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.
This means you can't sell a single empty shell casing, other components or even a can of pepper spray.
Carrying a firearm or "any other dangerous weapon" on school grounds
MGL 269-10(j) says:
(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.
Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.
You need to do your research and make sure that you’re not accidentally setting foot on school grounds when you have anything weapon-like. School grounds may include university hospitals, daycares at schools, vocational training, etc. There's also a some gray area surrounding churches with preschools/kindergarten's, which was discussed in this thread.
Improper storage of a firearm
MGL 140-131L says:
Chapter 140: Section 131L. Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment
Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not a large capacity weapon, by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment, and in the case of a large capacity weapon or machine gun, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
(c) A violation of this section shall be punished, in the case of a rifle or shotgun that is not a large capacity weapon and such weapon was stored or kept in a place where a person under the age of 18 who does not possess a valid firearm identification card issued under section 129B may have access without committing an unforeseeable trespass, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity weapon, firearm or machine gun was stored or kept in a place where a person under the age of 18 may have access, without committing an unforeseeable trespass, by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than two and one-half years, nor more than ten years, or by both such fine and imprisonment.
(e) A violation of the provisions of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a weapon, unless such person possessed a valid firearm identification card issued under section 129B and was permitted by law to possess such weapon, and such access results in the personal injury to or the death of any person.
(f) This section shall not apply to the storage or keeping of any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899, or to any replica of any such firearm, rifle or shotgun if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
You'll notice that improperly storing some kinds of guns is a misdemeanor, others a felony. If you're convicted of a felony then you're federally prohibited from possessing guns or ammo for life, but in Mass., even if it's a misdemeanor, this kind of "weapons" conviction will bar you for life from obtaining an LTC, including non-resident LTC’s.
Also, the term "Under the control of" is a somewhat gray area to some, but according to NES lore, if you're sleeping, the gun's not under your control anymore, and must be locked up.
Incorrectly filling out an FID or LTC application
The law relating to FID application's is MGL 140-129B(8):
(8) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.
The law relating to LTC applications is MGL 140-131(h):
(h) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.
Depending on the circumstances, it can be very easy to fill out the application incorrectly and violate this law, but "knowingly" may mean different things to different licensing officers. In other words, if you have any kind of a criminal record, you should contact an attorney to walk you through the licensing process.
Issuing or Submitting a false Basic Firearms Safety Certificate
MGL 140-131P(d) & (e) says:
(d) Any person applying for licensure under the provisions of this chapter who knowingly files or submits a basic firearms safety certificate to a licensing authority which contains false information shall be punished by a fine of not less that $1,000 nor more than $5,000 or by imprisonment for not more than two years in a house of correction, or by both such fine and imprisonment.
(e) Any firearms safety instructor who knowingly issues a basic firearms safety certificate to a person who has not successfully completed a firearms safety course approved by the colonel shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than two years in a house of correction, or by both such fine and imprisonment.
Double check the spelling on those safety cert's before applying.
A Boston resident violating Boston's Assault Weapons Ban
If a Boston resident is convicted for violating Boston's AWB more than once, it will also trigger this.
SECTION 4.
Any person who violates the provisions of this act as to an assault weapon shall for a first offense be punished by a fine of one thousand dollars, and for any subsequent offense by imprisonment for not more than two and one-half years.
Any person who violates the provisions of this act as to a magazine or an ammunition belt shall for a first offense be punished by a fine of two hundred dollars and for any subsequent offense by a fine of five hundred dollars.
The question always comes up, so I'll answer it now. No, the Boston AWB doesn't apply to anyone travelling through Boston, just Boston residents.
(continued in the next post)
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