Possible MA error found on Opencarry.org

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LT1MCSS

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I was just browsing opencarry.org. They have made a lot of changes to the site recently. Even though it is up to the viewer to verify information with their state I think i found an error regarding the private transfer chart. http://www.opencarry.org/privatetransfers.html

You will see MA is listed as Private Transfer ok for long guns only. I sent an email off to one of the people there to get confirmation on what they define a transfer is. Then I gave them a brief intro about how our FA-10's work here and that it is legal for us to do private transfers as long as both parties live in the same state.

Just a little something I saw that I thought you guys might find interesting.
 
Got a quick response. It's kinda what i figured. They classifying private sales a little different.

This is the response I got:

We would classify the transfer you describer as non-private - you had to be pre-cleared by the government and a record was made.

Does that make sense? In most states this need not happen.


Still a good site for basic info
 
In other states (fl for example) when you privately sell a gun to someone else, there isn't any paperwork that gets sent in. Just a personal bill of sale if you are so inclined to use one. I know after living here it sounds crazy, but my parents buy guns and ammo like that all the time.
 
I know my friend buys and sells guns like this all the time in Vermont.

I know, a crazy concept to us, but totally legit like you said for a lot of other people.
 
Well, there is no difference between firearm and long gun transfer here in MA, so it's still inconsistent.
 
LT1MCSS said:
We would classify the transfer you describer as non-private - you had to be pre-cleared by the government and a record was made.

Does that make sense? In most states this need not happen.
Click to expand...

While that's true perhaps they don't understand that even possession in MA outside of some limited circumstances, is generally illegal without a permit. Further, private transfers in MA are still "private" in the sense that the government has only passive involvement in the matter- eg, you send in a form and they file it.

The whole thing is really a matter of semantics- but saying "private transfers are banned" in MA is misleading at best. The common meaning of this term is "to transfer
a gun without a dealer/FFL involved" and IMHO that means that MA still has private transfers, all other stuff aside.

-Mike
 
[removed]
I'm not confident of my answer, however I still would not consider them to be a reliable source without verifying with an attorney here regarding the as-written and as-applied consequences.
 
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MetalgodZ said:
They're wrong on all sorts of stuff. Please note that they state that MA allows open carry w/ a license. (http://www.opencarry.org/opencarry.html)

Sure...It's legal for you to open carry w/ a license. Until someone gets scared. Then, from what I've been told and what I've read here, it's felony assault.

I do not consider them to be a reliable source.
Click to expand...


If you click on the state it says this:
"Massachusetts is not a traditional open carry state, but it is not a crime for Class A License holders to open carry. However, it is reported that some jurisdictions will use this as an excuse to revoke permits."


I would not consider them a reliable source before I carried or transported a gun in a state I didn't know the laws, but for quick knowledge all in one place its priceless.
 
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jdubois said:
I agree, if by priceless you mean without value. http://nra-ila.com/gunlaws contains much, much better information.
Click to expand...

That is funny, the first thing I did was pull up your link and click to Virginia.

The quick reference has Va permit required:
Rifles and shotguns-No
Pistols-Yes

Go down into the text and they talk about conceal carry, but not open. I am sorry, but there is no permit required to carry a pistol in Va. Concealing is another matter.

I am not trying to 'dis' the nra, but come on...opencarry.org has a lot of good info. When comes to opencarry matters they cover it much better than the nra site.

Any site is going to have a hole or two, don't completely trust any of them with being 1000% correct or up to date.

Opencarry.org is a great site. It has yet to give me bad information, unlike the link you just sited.

[wink]
 
DontTreatOnMeVA said:
...Opencarry.org is a great site. It has yet to give me bad information, unlike the link you just sited.

[wink]
Click to expand...
Maybe for VA, but not MA. Yes, the NRA site is incomplete (but not wrong) in a few areas, but opencarry.org is wrong in several areas for MA (ex. private handgun transfers and OC age limits).
 
carry

Mass permit is a permit to carry it does not say how check it out.where I am
I need a permit to carry concealed and they mean concealed.let it print and you could be charged with presenting.al I have to do is put it in glove compartment to be legal.and dont need permit to buy.walk in do the fed check and walk out. if you have to get a form to buy from a individual it is not a private sale.as that form goes in a computer and only takes a few seconds to be found.[grin] [smile]
 
IMO, all of these sites that attempt to be a legal clearing house are a hazard to lawful gun owners. Well intentioned maybe, but a hazard. I've found gross errors on many web sites (even on the NRA web site).

Your best bet for MA is to use the GOAL website to find the right links to the ACTUAL MA STATE LAWS and read them carefully, thoughtfully, and completely. It's the only way to know for sure. They are a PITA to read at first, but once you've combed through them once or twice it is not so bad...
 
MetalgodZ said:
They're wrong on all sorts of stuff. Please note that they state that MA allows open carry w/ a license. (http://www.opencarry.org/opencarry.html)

Sure...It's legal for you to open carry w/ a license. Until someone gets scared. Then, from what I've been told and what I've read here, it's felony assault....
Click to expand...

bsflag.gif
 
MetalgodZ said:
They're wrong on all sorts of stuff. Please note that they state that MA allows open carry w/ a license. (http://www.opencarry.org/opencarry.html)

Sure...It's legal for you to open carry w/ a license. Until someone gets scared. Then, from what I've been told and what I've read here, it's felony assault.

I do not consider them to be a reliable source.
Click to expand...

Opencarry.org just posts info based on the law. CT is the same way. I personally met with the Chief of Police in my town, and he told me that open carry was legal, and my right. Then he told me that I might be arrested anyway on a "Breach of the Peace" charge. This is the police enforcing non-laws, and most people seem to accept it. The law doesn't prevent me from doing it, but the police mis-using statutes to prevent things that aren't illegal might. So, the mods at opencarry take the position that if you allow the police to enforce non-laws, then that is an issue for residents of the state to take up with the police. But, they are right, that it is legal.
 
Coyote33 said:
bsflag.gif
Click to expand...
Maybe.

I had read - not "heard" - somewhere (which I can't find at the moment...of course [angry]) that if someone had reason to perceive a threat, then assault charges could/would be filed. The best I can come up with right now is http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=sjcslip/8199&invol=1 (see section 2, part a).

I've edited my post since this thread is coming up in my Google search for the souce I had previously found for this, and I'm not confident of my answer.
 
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It may be the same situation as CT. If you ask the average officer, they will tell you that open carry is "breach of the peace." If you read the law, it isn't. Until someone makes a test case with a good lawyer, they will continue an unlawful ban on open carrying.
 
I lived in Chicago for 29 years before I moved here 4 years ago. In Illinois all you need to do to sell a firearm is get a bill of sales and keep it for 7 years. Its kinda crazy how strict MA really is.
Dennis
 
matt said:
IMO, all of these sites that attempt to be a legal clearing house are a hazard to lawful gun owners. Well intentioned maybe, but a hazard. I've found gross errors on many web sites (even on the NRA web site).
Click to expand...

I think NES is the only website I've ever seen that honestly addresses state laws in as simple a manner as the confusing laws allow. The collective knowledge here covers just about every base WRT Mass. laws.

Yes I know you weren't referring to NES.
 
LKB3rd said:
It may be the same situation as CT. If you ask the average officer, they will tell you that open carry is "breach of the peace." If you read the law, it isn't. Until someone makes a test case with a good lawyer, they will continue an unlawful ban on open carrying.
Click to expand...

Actually, it is the 180 opposite. I've asked about a dozen "average officers" from several police departments, and they have no problem with open carry, in agreement with the law.
 

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