Doesn't piss me off at all. In fact, I'm kind of proud of that fact. You will be, too.
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NH gun owners - what do you do when in MA?
- Thread starter paparoo
- Start date
Doesn't piss me off at all. In fact, I'm kind of proud of that fact. You will be, too.
Do you remember this thread? I'm not suggesting that everyone gets off this easy, but it does appear to happen from time to time.
This would still bring on multiple criminal charges, especially if it's a handgun. Keep in mind that Mass. doesn't have any kind of "peaceable journey" laws for handguns; MGL 140-129c(h) only exempts people passing through with long guns, so Mass. doesn't recognize FOPA when it comes to handguns.
![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
These two are the best answers, methinks.
Do you remember this thread? I'm not suggesting that everyone gets off this easy, but it does appear to happen from time to time.
This would still bring on multiple criminal charges, especially if it's a handgun. Keep in mind that Mass. doesn't have any kind of "peaceable journey" laws for handguns; MGL 140-129c(h) only exempts people passing through with long guns, so Mass. doesn't recognize FOPA when it comes to handguns.
These two are the best answers, methinks.
I thought safe passage was a federal law? So you mean to say if I am legally licensed in NH and CT to have a handgun and I travel directly between the two, if I were to get stopped in MA and the officer found out I had a handgun secured in my trunk with ammunition stored separately it would not be protected?
GSG is confusing a few issues here.
FOPA is accepted in MA as valid, PROVIDED that the person follows the rules laid out by FOPA . . . which are different from most state's laws on transportation. If you don't transport a handgun/rifle/shotgun/ammo per FOPA, then you have no protection at all. That's the key.
Brin747
NES Member
So, hypothetically, even if I were to keep a trigger lock in the car, apply it and lock the gun (say for example my S&W 642) in the glove box. I'd still be screwed?
This has never come up, like I said I only go down there to visit my grandparents, but it's interesting to know.
This has never come up, like I said I only go down there to visit my grandparents, but it's interesting to know.
1) Stay out of Mass as much as possible (although I work there)
2)Drive ultra responsibly, avoid traffic stops
3)Innocent, until I'm proven guilty, deny, everything, deny
I never had trouble with guns, only cops
2)Drive ultra responsibly, avoid traffic stops
3)Innocent, until I'm proven guilty, deny, everything, deny
I never had trouble with guns, only cops
Oh, so when the Massachusetts State Police arrest someone travelling through Mass. with a handgun, they'll be arraigned on those charges before a federal judge?
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Other than the very narrow exceptions in MGL 140-131G, could you point me to the section of Mass. law that exempts people passing through with handguns?
![[slap]](/xen/styles/default/xenforo/smilies.vb/025.gif "Slap [slap]")
The part in FEDERAL law.
TSTL.
If Mass. follows federal gun laws, then maybe you could explain to me how federally prohibited persons are routinely issued FID cards in Mass. to purchase guns that they can't lawfully posess.
Trigger locks do NOT meet FOPA in any state.
Furthermore, trigger locks and glove boxes aren't compliant with MGLs either, even with a MA LTC!
Furthermore, trigger locks and glove boxes aren't compliant with MGLs either, even with a MA LTC!
Yet another conflation of two separate issues.
In point of fact, MA does NOT "follow Federal laws." The MA definition of "firearm" does NOT match that in Federal law and the issuance of an FID card under the "burn-off" provision in MA law is nugatory under Federal law.
For the two or three here who still cannot grasp the obvious, MA law is irrelevant as the the issue of INTERSTATE transport. So long as the guns are secured per FOPA and the trip complies with the requirements set forth in FOPA, passage through MA is outside MA firearms law. Federal law supersedes it.
Grasp the concept.
Yet still people get arrested and charged when they're stopped with FOPA compliant stored guns, because of state law.
There's two kinds of legal hearings, one in court with a judge, and one on the side of the road with a cop and his quick reference guide to the MGL's.
Yes it's quite likely if you're carrying firearms and you're from out of state and somehow you get busted the cop won't know a damn thing about FOPA and you'll be arrested and have some butt load of legal charges. BUT you will still be protected under FOPA and can fight it in court and say the LEO didn't know the law. I choose to never travel into MA when I have anything firearms related in my vehicle so I don't have to worry if I'm going to NY I go through VT, I make sure all spent casings and rounds are out of my car after each range trip.
Murphy's Law if you have something to hide they'll find it, maybe you get rear-ended in the wal-mart parking lot and the cops show up to do a report and your trunk latch is broken, busted. If something stupid can happen to get you caught, assume it will happen and make sure you have nothing to get you in trouble.
I've not heard of anyone getting stopped and arrested with FOPA complaint stored guns in MA. Has this really happened? The only one I've heard of in this regard is the guy going from CT to ME, but he had loose rounds in the vehicle IIRC, which means he wasn't FOPA compliant. Are there other cases? I try to watch the news for stuff like this, but I miss an awful lot.
So far all I keep seeing is cases where people don't obey FOPA provisions, like unsecured guns, etc. There are at least 2 in the past year I'm aware of, and both times neither person had their gun secured in accordance with USC 926A. I don't doubt that the state probably still tries to prosecute otherwise, but it's difficult for us to say the state is nifonging people when the majority of people "caught" passing through MA with guns aren't following the provisions set forth in the federal exemption.
-Mike
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RFWAVELENGTH
Banned
The point that GSG seems to be trying to make is that not all cops are "gun people" who know the ins and outs of firearms laws. The typical cop making the typical traffic stop where guns are discovered will ask for a LTC or FID. If the driver and/or passenger cannot produce one, they will be arrested and booked in the usual manner. The fact that they may ultimately be vindicated in a court of law (FOPA as an affirmative defense) will not preclude such arrest and booking, which I think is what GSG is trying to avoid.
And I think Scriv's point is, "Name one case in which this has happened." There seems to be some question as to whether or not the statement you make (in red) is, in fact, true.
Live in NH, work in MA. So for me I have no choice other than to "bite the bullet" and leave the guns at home. I've thought about applying for an out-of-state permit from MA, but to be honest the stress doesn't seem worth it.
You do have to be very careful. I recall a story of an unfortunate individual from NH who took the wrong exit out of Peasant Lane Mall (about 10% of the mall is in Mass), and the poor guy was arrested by a Mass cop. Not sure what happened to him.
You do have to be very careful. I recall a story of an unfortunate individual from NH who took the wrong exit out of Peasant Lane Mall (about 10% of the mall is in Mass), and the poor guy was arrested by a Mass cop. Not sure what happened to him.
And people don't seem to want to understand two important points:
- Unlike some other states, MA LEOs do not try to "toss" a car for evidence of some other crime when they make a routine traffic stop. We were taught (in the Academy) to keep the driver/passengers IN THE CAR for our safety, go about our business and let them go along their way.
- If one is following FOPA (and common sense), there should be NO guns/ammo visible in a routine traffic stop. If there is no odor or evidence of drugs/alcohol present, and the people stopped act "normal" there should be no need for the Spanish Inquisition on "any guns in the car" or anything else that would raise suspicions and require LE follow-up.
So in summary,
- If you don't have a NR LTC there should be no evidence of guns in the car to raise suspicions. Out of sight is out of mind.
- If your behavior is respectful, you are most likely going to get the same in return and be on your way shortly.
- When visiting foreign countries
, always study their laws so that you don't run afoul of them.
Burgermeister
NES Member
Sent out-of-state for waterboarding.
Don't forget to pay your "use tax" on the way out of the stall.
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