Possession of a gun without a license in the home

[Teej]

Can someone clarify for me MGL ch269 s10(a)(1) and it's relation to MGL ch269 s(h1). Specifically the fact that ch269 s10(h1) says anyone who possess a gun without complying with ch140 s129C (which requires a license to own or possess a gun) shall be punished by up to 2 years in a house of correction. However ch269 s10(a)(1) says there is an exemption for possession of the gun in your place of business or within your home. And then later on just before section 10(b) it says "the provisions of this subsection shall not affect the licensing requirements of ch140 s129C which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business."

So my question is, can someone possess a gun in their home without being licensed?

 

[2A_Esq.]

No. As you said, M.G.L. c. 269 s. 10(a)(6) states: "The provisions of this subsection [M.G.L. c. 269 s. 10 et seq.] shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business." So, although it would seem like this is an arguable position, the remainder of s. 10 limits the exception granted by s.10(a)(1).

The operative language in 10(a)(1) is "except as provided or exempted by statute". First, this is a recognition that there is a mechanism for providing a license (M.G.L. c.140 s. 129C). The provided or exempted by statute language plus the "being present in or on his residence or place of business" would also apply to such exceptions such as inheritance transfers when the executor does not have an LTC or FID, the LTC renewal grace period, or lesser classes of licenses not authorizing concealed carry (LTC/B, FID). There may be situations where it is lawful to possess a firearm without a license (e.g., renewal grace period, inheritance), but what is restricted is the possession of those items outside the home. Otherwise, the terms of the statute granting said license apply.

Clear as mud, right?

 

[travis]

Clear as mud, right?

You must have weird mudd in MASS to right..

 

[Teej]

2A thank you for the clarification. If I am understanding you correctly the "exmeption' in c269 s10(a)(1) is basically saying that those other exemptions in c140 s129C apply and the exemption in 10(a)(1) are to be understood in light of the ones from 129C and the other exemptions listed later in c269 s10. Yup clear as mud.

 

[roccoracer]

What about your spouse? I am licensed but my wife is not. Is she in violation simply because I have firearms in our home and I am not there? What if she used one of them to defend herself or our kids?
Thank you

 

[Teej]

If you are not there and you have them stored according to MGL standard then it would not be possible for her to be in possession in the home because they are locked up. If she were to use it though, that's a whole other ball of wax though. I suspect not only would she be charged with assault with a deadly weapon should the perp just run away (worse charges if she actually shoots and kills him) but you would probably be charged with improper storage and she would also probably be charged with possession without a license. Due to prosecutorial privilege and police discretionary powers you may not encounter a problem in your town but I wouldn't hang my hat on it. That kind of scenario is one of the many reasons I used to convince my wife that she needed to get her license, just to avoid the potential of problems caused by ambiguous and poorly written law.

 

[JNewell]

What about your spouse? I am licensed but my wife is not. Is she in violation simply because I have firearms in our home and I am not there? What if she used one of them to defend herself or our kids?
Thank you

How are they stored?

 

[ThePreBanMan]

What about your spouse? I am licensed but my wife is not. Is she in violation simply because I have firearms in our home and I am not there? What if she used one of them to defend herself or our kids?
Thank you

I think they have to be locked so that people authorized to be in the household do not have access to them. Trigger locks are fine. If they are unlocked - that's a violation. But if your wife ever had to defend herself - she would probably get entangled in an expensive legal nightmare. You would too - for storage violations. Its worth the short change to just have your wife get her license if able.

Mine was resistant at first - until I told her if she ever did have to defend herself she could expect to go to jail and we would probably have to sell the house just to bail her out and pay the lawyers. She got her license after that...

If you leave your firearms in a state that they are accessible to your wife to defend herself when you aren't home - she really should have her license.

 

[scottmac019]

If there are firearms in the house EVERYONE IN THE HOUSE should have At least and FID!!! That way even kids 15 or older are covered at least for shotgun and rifle in case they need to defend the home if you aren't there. Of course here in MA they don't want us to defend ourselves , but they will at least be covered for storage of the shotgun/rifle and being able to access it/them.

 

[Rob Boudrie]

If you are not there and you have them stored according to MGL standard then it would not be possible for her to be in possession in the home because they are locked up.

A trigger lock meets the MA safe storage standard.

By your logic, an individual with a handgun in his car, with a trigger lock applied, cannot be in possession unless it can be proven said individual has the key of combination to the trigger lock. I doubt this would fly, but I also doubt an unlicensed spouse could be successfully prosecuted for a trigger locked gun in the home.

Simplest to make sure every eligible individual in your house is licensed.

Quick, someone call the Elbonian Minister of Mud for a clarification.

 

[Len-2A Training]

If you are not there and you have them stored according to MGL standard then it would not be possible for her to be in possession in the home because they are locked up. If she were to use it though, that's a whole other ball of wax though. I suspect not only would she be charged with assault with a deadly weapon should the perp just run away (worse charges if she actually shoots and kills him) but you would probably be charged with improper storage and she would also probably be charged with possession without a license. Due to prosecutorial privilege and police discretionary powers you may not encounter a problem in your town but I wouldn't hang my hat on it. That kind of scenario is one of the many reasons I used to convince my wife that she needed to get her license, just to avoid the potential of problems caused by ambiguous and poorly written law.

I used the same reasoning some 30+ years ago when my Wife hated guns (her attitude is quite different now), to convince her that it was cheap insurance to get licensed. Even if they are trigger-locked (all mine were back then even if in a safe) in a safe, if her jewelry or family checkbook was in the same safe, I could see a zealous prosecutor trying to make a case that "she must have access to them". She might win, but it's a lot more expensive to fight the battle vs. pay for a LTC.

If there are firearms in the house EVERYONE IN THE HOUSE should have At least and FID!!! That way even kids 15 or older are covered at least for shotgun and rifle in case they need to defend the home if you aren't there. Of course here in MA they don't want us to defend ourselves , but they will at least be covered for storage of the shotgun/rifle and being able to access it/them.

Best course of action.

I've taught a couple of BFS courses where both a parent and child (under 21) were present. I had to drive home the point that the child had to be restricted from accessing any large-capacity guns or handguns for everyone to stay legal.

 

[45collector]

Lets say the (unlicensed) wife is home alone and someone breaks in... There's a shotgun with a trigger lock sitting in the corner of the bedroom. The perp creeps into the bedroom and the wife subsequently smashes his head in with the shotgun, being used as a club. She would probably be charged with unauthorized use of a firearm. [sad2]

 

[Teej]

A trigger lock meets the MA safe storage standard.

Thanks Rob, I forgot to keep in mind that possession does not necessarily mean ability to use. However now you've raised the question of at what point does having a gun in the car go from being transport (trigger lock doesn't suffice) to storage (trigger lock does suffice)? If i'm in the car but the engine is off is it storage? What about if the car is in the driveway and I've left it running but I am in the house is that transport?

I propose that who ever wrote and voted for these laws that they be ...... well use your imagination if I were to do to them the things they deserve it would seriously violate the 8th amendment.

 

[45collector]

What about if the car is in the driveway and I've left it running but I am in the house is that transport?

I would not suggest leaving your car running unattended anywhere, if there are firearms in it.

 

[mark056]

You guys are hurting my head with your hyptheticals

 

[travis]

Lets say the (unlicensed) wife is home alone and someone breaks in... There's a shotgun with a trigger lock sitting in the corner of the bedroom. The perp creeps into the bedroom and the wife subsequently smashes his head in with the shotgun, being used as a club. She would probably be charged with unauthorized use of a firearm. [sad2]

That this statement was even spoken in the U.S.A. is sad..