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Odd rumors about safe storage

I think you should recheck your source. Someone has given you bad information. In MA as long as the firearm is safely stored, it can be loaded.
Except when stored in a motor vehicle, in which case it needs to be unloaded.
 
Except when stored in a motor vehicle, in which case it needs to be unloaded.

As long as it's simply stored in a vehicle loaded is fine. What's not ok is transporting a loaded firearm. Some people, undoubtedly "helped" by the disinformation promulgated by a former AG, believe that having a firearm in a vehicle automatically changes the storage laws, even when the vehicle is parked in a locked garage or up on blocks in the yard.

Ken
 
vellnueve,

Do you have some reason not to believe those that say it's legal to store loaded guns?

This is the second time in a few days that you have said it's not legal.

If you have a source for that, I'm sure we'd all like to know what it is.

I'm not trying to be a smartass, it's just that if you know something we don't, it would benefit us all if you would let us know your source.
 
Well, I cede the point. I think I heard that from a gun store owner.

Then it must be true! [rolleyes]

Do us all a favor? To avoid adding to the confusion and mis-information out there. If you state something as "fact", please provide a citation for it? Thanks.

We can all access the MGLs online, some CMRs, etc. and pull this stuff out. That's what I do when I respond to most legal questions. I don't want someone taking my word for it, when the penalty for being wrong could be a jail sentence.

P.S. I don't want you to feel that I'm picking on you. The above is meant for all that post info as "fact". It really would help the entire community here on NES.
 
As long as it's simply stored in a vehicle loaded is fine. What's not ok is transporting a loaded firearm. Some people, undoubtedly "helped" by the disinformation promulgated by a former AG, believe that having a firearm in a vehicle automatically changes the storage laws, even when the vehicle is parked in a locked garage or up on blocks in the yard.

Ken

Too lazy to look up the hunting regs/ laws but I don't think you can keep a loaded shotgun in a vehicle as "stored" while hunting. Though this is dependent on whom you are talking to, a lawyer, police, or wildlife management officer.

For myself I found the best place to store my firearms and long guns while loaded is between my front and screen doors. I just flip that little lock on the screen door and deadbolt my front and wa-la a "locked container."
 
I just flip that little lock on the screen door and deadbolt my front and wa-la a "locked container."

You might want to check the recent court decision regarding locked container.

Also, the EOPS site states that storage of a locked unloaded firearm is in a vehicle is in compliance with the safe storage law. This is the source of info I was using, however, it is possible they implied a conditionality not present in the statute.
 
Will a Locked Closet Do? . . .

closet02.jpg
HandgunSafeBoxClosed.jpg
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If a gun owner has a closet that you can lock your guns in, do you need anything else “while they are locked in the closet”, like a gunlock or lockable gun box while they are locked in that closet? I have read the “law” and also heard from people in the now but I still get different answers. The way I read it is that it IS okay and that it is "safe storage" or am I wrong on this?

If the guns were locked in the closet you’d have to pick the lock or break the door open to get in. The hinges are on the inside of the closet so they couldn’t get at them. It just seems like a simpler way of locking them up than going through all the locks and containers or even a safe, even though a safe would definately be safer. Would this closet also work for storing ammo also, if the ammo was in a surplus ammo can that is locked?

Thanks.
icon_computer.gif
 
Although some may question it, here's some thoughts to make it "stick".

- Install a solid wood door, not the typical hollow-core door.
- Install an exterior lock-set or keyed deadbolt.
- Install burglar-resistant hinges (they have a part that protrudes to mate with a hole in the other side.
- Make sure that there are no windows or other access to the closet.

This would give you a very strong case for saying that it is indeed a "secured safe storage area".

IANAL and opinions on this will vary all over the place.
 
If I was going to use a closet, I'd be tempted to rip the current structure down and use metal lathe instead of drywall on all sides.
 
It really depends on how secure the closet is. If it's at least as secure as any a lock-box or low-end safe, then I'd say yes If somebody can just kick the door in, then no. It really depends on whether you're trying to protect against legal problems and the typical break-in by teen-age kids or against the much rarer serious burglars who know what they're coming to take.

Ken
 
From my reading of the laws a locked closet is considered "secure" storage. However, if non-LTC holders have access to it via key, combination etc. then you are not in compliance.

So unless your wife has a permit for whatever firearms you have in the closet, or you live alone and that flower print nightgown is yours 6hold, you would not be in compliance with the law.

This is from my reading, so take with a grain of salt. Can any lawyers confirm my hunch?

Tom
 
Just an FYI, the court case in question had a lock on the room that could be defeated by a bent piece of wire.

A lot of the issue will certainly come from the likelihood of a break-in as well as the secure nature of the closet. The same setup that would be perfect for a backwoods home in Colrain is certainly not the ideal in parts of Fall River, Lowell, etc.

Also remember that you will need to keep this closet LOCKED. If you go into every day to get dressed, how likely is it that you are going to do that?

Even a simple Stack-On security case inside the closet would likely be a better solution. (especially if bolted down)
 
What about the myth's regarding the "ammo gnomes" that come out at night and steal your ammo.

"
Step 1: Steal ammo
Step 2: ...
Step 3: Profit

So that's where they get it! I've known for years (and make sure to teach all my students) that whenever you put a gun down or in a case or safe, there's a chance that the ammo gnomes will sneak in and load a round in the chamber. That's why you need to check the chamber every time, whether or not you cleared it when you last had it. Now I know "the rest of the story." [wink]

Ken
 
From my reading of the laws a locked closet is considered "secure" storage. However, if non-LTC holders have access to it via key, combination etc. then you are not in compliance.

So unless your wife has a permit for whatever firearms you have in the closet, or you live alone and that flower print nightgown is yours 6hold, you would not be in compliance with the law.

This is from my reading, so take with a grain of salt. Can any lawyers confirm my hunch?

Tom

In an extraordinarily bad court decision, based on bad facts for gun owners, there was a man who was caught with an unsecured gun in his bedroom. He claimed his entire bedroom was a secure container.

Unfortunately, the door was secured only by a "convenience privacy lock" like many of us have on our bathrooms. You know the kind I'm referring to -- those locks with a pushbutton in the middle of the bathroom side, and a hole in the knob installed in the hallway.

The court held that a room (or, I suppose, a closet) could only be deemed a secure container for firearms storage if it were secured by a lock secure enough to "deter all but the most determined of burglars."

The court did not go on to detail what this means, but I think one would have to make sure the door was a solid core as LenS suggested, and install and use an exterior quality lock, preferably with a deadbolt, and, if you are cautious person, also install a perimeter alarm.

This would require considerable effort, and woe be it who leaves the house with that closet unlocked and a mess of unsecured guns inside.

Safes and gun lockers are much easier to use, and to secure.

Darius Arbabi
 
The court did not go on to detail what this means, but I think one would have to make sure the door was a solid core as LenS suggested, and install and use an exterior quality lock, preferably with a deadbolt, and, if you are cautious person, also install a perimeter alarm.

This would require considerable effort, and woe be it who leaves the house with that closet unlocked and a mess of unsecured guns inside.

Safes and gun lockers are much easier to use, and to secure.

Darius Arbabi

secure4.jpg

I thank you folk, for your recommendations and it looks like a storage cabinet is in my future. A gun safe is best I guess but out of the question in my case. A cabinet bolted to the floor and w/extra locking devices attached should do the trick. Now I can store both guns and ammo in the same cabinet as long as the ammo is locked up in separate containers within, right?
 
Ammo has to be separate from the locked storage container that the guns are in?

(Mine are separate... but only out of paranoia, not because I'm 100% sure what the law is.)
 
Ammo does NOT have to be separate from guns in a residence.

Only true while transporting under FOPA (and in some other states as well).
 
Applause

I really want to thank Darius, Len, Rob, Jon and others for their posts on this kind of thread.

Fact versus rumor is a problem everywhere, especially for gun owners in Mass. This is where NES shines and maybe the people with "I think" and "I heard once" & "A friend of my cousin's wife's brother once told me" will finally stop.

And although the written words in the law are basically clear for us non-lawyer types, it is great to see confirmation in English.

A round of drinks at the NES GOAL table on me to show my appreciation.
 
Ammo does NOT have to be separate from guns in a residence.
got it

Only true while transporting under FOPA (and in some other states as well).

So While transporting in a car, not under my direct control (restricted to sporting). The firearm and ammo needs to be seperate? Does the Ammo also need to be locked up? Not sure if I can fit multiple lock boxes in my efficient massachusetts low emissions automobile... [rofl]
 
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Your firearm cannot be LOADED if you're restricted or transporting under FOPA. However, keeping them in the same locked case/container/trunk is fine.
 
In my station wagon (yes i know its not ideal) I had planned on locking my firearms in a case of some sorts but perhaps my ammo not being locked. Does the ammo ever need to be locked up in the Car? At home? All the storage requirements I have read I thought only applied to the firearms themselves...
 
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