Question about concealed carry in MAss

[N.E. CHARTERS]

Does one need any type of licence to concealed carry in MAss a pistol of vintage persuation such as a musket or Cap & Ball?

 

[Adam_MA]

Technically, it isn't even a firearm...

Would you be arrested, and run through the system, and have to pay an attorney HUGE amounts of money to defend you YOU BET YOUR ASS!

 

[M1911]

Technically, it isn't even a firearm...

Are you sure that's true under MA law?

The MA definition of a firearm is in MGL Ch 140 S121:

“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

Note that most rifles and shotguns are not considered "firearms" under MA law.

Does this (or some other section in MGL) exclude muzzle-loading handguns from being considered a firearm? I don't know. Perhaps one of our resident attorneys can clarify.

Note that in MA, you must have an FID or LTC in order to carry ammunition. Ammunition is also defined in MGL Ch140 S121:

“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.

By my reading, carrying a loaded antique pistol (whether concealed or not) requires an FID or LTC. In the case of a non-resident, that would require a non-resident LTC. And if you can get a non-resident LTC, then why carry an antique?

But IANAL, so I may well be missing an important legal issue.

 

[TomH]

It would be a good idea to get an LTC A or the out of state carry permit to be safe, whether it's legal or not.

 

[Len-2A Training]

There was a court case of a previously convicted felon who thought he'd beat the system by carrying a blackpowder pistol. He lost and the precedent was set. If you are carrying a pistol of ANY vintage, you need a LTC in MA!!

 

[dwarven1]

Does one need any type of licence to concealed carry in MAss a pistol of vintage persuation such as a musket or Cap & Ball?

I always thought that "musket" referred to a long arm... I'd love to know how you're going to conceal that!

 

[Lynne]

Does one need any type of licence to concealed carry in MAss a pistol of vintage persuation such as a musket or Cap & Ball?

If you want to carry it concealed (why in heavens name would you want to carry a flintlock or cap and ball concealed??), the you would need a Class A LTC. If you're planning on carrying it in the open in a holster, then you need a Class B.

MA may call them "primitive weapons" and say you don't need a license for one (which you don't need to purchase or have in the home), but if you're carrying one loaded, then ya, you need one of the licenses.