Non-resident Transport of Firearms in MA without LTC?

MaverickNH

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I'm expecting my MA Non-resident LTC to expire before renewal this year - the 5 month lead in renewal will not be sufficient.

I presently have a locked container fixed in my car trunk holding a semi-automatic pistol (>10rd magazine capable) and MA-compliant AR-15, both with preban magazines (> 10 round) holding ammunition (magazines not in firearms but stored in same locked container).

I'm sorting through MGLs to see whether I can continue to keep these in my car while traveling between NH and MA, after my LTC expires. I realize I cannot carry openly or concealed without a valid LTC.

Based on my review of laws listed on NES and GOAL, it looks like I can continue transporting in MA and can remove and fire firearms at a range or while hunting.

I'm not clear if I can possess/use magazines > 10rd without a non-resident LTC - I think NO as given in a sticky in this section. If so, I can replace with 10rd magazines.

I'm not clear if I can transport the semi-automatic pistol without a non-resident LTC, as it commonly ships with >10rd magazines. If so, I can replace with a pistol that commonly ships with magazines holding 10rd or fewer.

I am not convinced from my reading that I don't need proof of reason for transport in MA, such as an organized shooting/collecting event or hunting. If this were the case, I can get a non-resident hunting license for $65 and carry the hunting season brochures.

The locked container is not visible and I would not consent to a search without warrant, but the ways around this have been discussed on NES (accident, "inventory of car contents, etc.) I'd guess harassment of legal gun owners in MA/Boston is a career-builder for state and local prosecutors...

Advice appreciated.

Might be I have a COMM2 case this year for consideration, as renewals keep getting extended and there is no grace for non-residents.
 
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First IANAL, but [almost] all the cautions above are right on.

In fact, due to the state of NH laws, the non-resident bringing a handgun is a severe no-no, as NH's laws are not severe enough for Mass' taste (sorry, I don't have a cite, but IIRC it's due to NH restoring rights after conviction of some crimes, that the PRM does not.)

If it's really important to you, get a real lawyer to give you a real opinion.

The [almost] above - Black powder (primitive) does not require a permit, and a non-resident can possess and hunt with a NR hunting license, no NR LT required. Also, long guns can be brought in, and used, such as at a Trap event.
 
I've confirmed that there is NO GRACE PERIOD for NR LTCs.

The exemption for attending a "competition" (not going to a range to shoot, not training-unless billed as a competition, etc.) is basically useless. I went round and round with Jason on this but have to concede we were all wrong and he was right on this one. For the exemption to work, you MUST be a LIFETIME DQ'd person for ANY drug infraction, no matter how small or how long ago under your State's LAW regarding issuance of licenses/permits (it's not personal, it's what the law allows). See the recent case where Evan Nappen won the rights for NRs to get a NH permit even if they had old drug convictions and that seals it for NH. Jason insisted that NO state's laws qualified and I'll admit that of the handful of states where I've read their laws he is right and I'm NOT going to check all 50 states just for S&Gs!

You don't need ANY permits to possess LOW-capacity mags in MA, period!

You don't need ANY permits for a NR to bring LOW-capacity long guns into MA to go shooting, period!

I can tell you for a FACT that EOPS/FRB is still holding to that unsigned/undated memo position where they state that NO LARGE-CAPACITY magazines or so-called AWs can be possessed in MA by ANYONE at ANYTIME unless they were IN MA AND IN POSSESSION OF A MA LICENSED PERSON/DEALER/MFR/DISTRIBUTOR ON 9/13/1994! NOTE a couple of things here:

- If you were a MA resident with said pre-ban AWs or mags and traveled out of state on 9/12/1994 and returned to MA with said AWs/mags on 9/14/1994, as far as EOPS is concerned, YOU ARE A FELON!! [NOTE: Their interpretation is not on/before 9/13/1994.]

- Furthermore, even if you complied with the above, the memo's next paragraph says that ALL MA Licensed Dealers are FORBIDDEN from selling/transferring ALL so-called AWs OR Large-Capacity Feeding Devices to ANY PERSON in the Commiewealth!

So, if the above was to be taken at face value . . .

- Every dealer who sells non-FUDD guns in MA is a Felon.
- Every person who moved into MA on/after 9/14/1994 with large-capacity pre-ban AWs or Mags is a Felon.

This position by EOPS is so full of BULL SHIT that it isn't funny, but is their official position and they are just itching to make an example of someone.

I can tell you that many LEOs do NOT agree with this EOPS position. Even Glidden disagrees.

This memo would be ripe for any existing MA dealer org to attack in court, but sadly there is no viable org to do this. I also think that MA courts would rule in favor of the state, since that is the policy that they would like to see anyway.

The Federal Law was clear and IIRC even allowed the importation of pre-ban mags to the US. MGL was lifted verbatim from Fed Law and thus adding "in MA" to it for the "interpretation" (where such wording does NOT exist in the law as passed) wouldn't hold water in a JUST COURT when presented with the history of those words by a COMPETENT FIREARMS ATTORNEY! Therefore, a Federal Court would be needed to make this interpretation go away and bitch slap those responsible for it. Sadly I don't see this happening . . . I see the purpose of the memo as casting a cloud so that dealers will cut back their LEGAL activities, not to actually go out and pro-actively prosecute someone and risk losing the "FUD Factor"! [If someone knows of a BATFE Letter Ruling on the importation of pre-ban mags, please contact me off-line via Email. I'd love to help put a stake thru the heart of this memo.]

Since many/most people who own pre-ban mags tend to buy a few here and there, at different times and places, sometimes not even getting any receipts (receipts are very rare at gun shows for example), and they are not traceable or serialized, it is impossible to prove or disprove that any given mag was bought at any specific location or on any particular date, never mind where they resided at any previous date in time. The whole concept is absurd on its face . . . and that is why I think that the AG was actually behind this position but didn't want her name tagged on it. The AG's office has learned how effective their threats of legal action against out of state dealers were to get almost all such dealers to refuse to sell legal product into MA and figured that this play would have a similar effect as there is no organization of dealers with a common goal of making life better for all in MA to challenge such a ridiculous position!
 
Absent a LTC, a non-resident may only possess non-large capacity long-guns, magazines and ammunition therefor, providing such possession is legal in their State of residence...

MGL 140-129C said:
No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.

>snip<

The provisions of this section shall not apply to the following exempted persons and uses:

>snip<

(f) Possession of rifles and shotguns and ammunition therefor by nonresident hunters with valid nonresident hunting licenses during hunting season;

(g) Possession of rifles and shotguns and ammunition therefor by nonresidents while on a firing or shooting range;

(h) Possession of rifles and shotguns and ammunition therefor by nonresidents traveling in or through the commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case;

(i) Possession of rifles and shotguns by nonresidents while at a firearm showing or display organized by a regularly existing gun collectors’ club or association;

>snip<

(p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.

General Laws: CHAPTER 140, Section 129C
 
You don't need ANY permits to possess LOW-capacity mags in MA, period!

You don't need ANY permits for a NR to bring LOW-capacity long guns into MA to go shooting, period!

Thank for the history and details - the answers are always worse than expected...

So no handgun (semi-auto, revolver, single-shot) in trunk while LTC is expired.

A low-capacity long gun and low capacity magazine is OK it seems, if unloaded and locked in container in trunk.

Is a MA-compliant AR-15 (fixed stock, pistol grip, muzzle brake pinned & welded, no bayo lug, no grenade launcher, no barrel shroud) OK if accompanied by 10rd magazines only? Or is a low-capacity long-gun one that is typically not sold with magazine (internal/external) greater than 10rd? Or worse, a long-gun unable to accept a >10rd magazine?

If the latter, my inventory is slim - O/U 12g shotgun, Rem 700/.308 LR rifle and Mosin Nagant... Even my Ruger 10/22 comes with a >10rd magazine.
 
Do yourself a favor and print out a copy 140/131G and carry it with you. I went to in service this year, the scenario was raised, and roughly a half of the guys in the class didn't know or had forgotten about the exemption for competitions and gun shows.
 
Do yourself a favor and print out a copy 140/131G and carry it with you. I went to in service this year, the scenario was raised, and roughly a half of the guys in the class didn't know or had forgotten about the exemption for competitions and gun shows.

Careful with that. Every state that I'm aware of will forgive misdemeanor amounts of pot after x years. MA will not ever forgive any drug conviction and that is a criteria of 131G that has to be met. Jason Guida pointed it out to me some time ago . . . we all thought it was AOK for a competition, but turns out not to be the case for any state that I have checked so far (NH, ME, PA, FL).
 
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