Question about transporting smokeless powder through MA

[servette]

I've been trying to research this without success, so would appreciate it if anybody could point me to relevant laws or discussions:

Hypothetical situation - A resident of Connecticut is traveling through one of the "free states" such as NH or VT, visits a local gun shop, finds three or four one-pound containers of Varget or other smokeless powder for sale, and purchases them. That person then passes through Massachusetts while driving directly from the "free state" to Connecticut.

a) Has that hypothetical person violated any Massachusetts gun law(s) by transporting the smokeless powder through the state?

b) Does the answer to 'a' above depend on whether the smokeless powder is transported within the passenger compartment of an automobile (in a locked or unlocked case), or whether it is transported in the locked trunk of the automobile?

It would be nice to find that it does not violate Mass. law. Otherwise, it would seem that the person in question would need to check NY laws to see if the transport could be done through NY instead, or else getting the stuff from point A to point B would seem to require that the person charter a boat (or an airplane?) and sail it from New Hampshire to Connecticut with the smokeless powder aboard, taking care to travel offshore of the Cape rather than going through the canal. (Or finding someone qualified to ship hazmat to ship it for them. Or else just transporting it and hoping that the hypothetical person does not get pulled over by the Mass. State Police for a motor vehicle infraction.)

 

[dwarven1]

Components (brass, primers, powder, bullets) are considered ammunition, and thus require an FID or LTC to possess in MA. Not sure whether or not FOPA would supersede MA law in this case or not - does FOPA apply to ammo?

 

[servette]

That's what I was afraid of...

I had read an NRA-ILA synopsis of the FOPA, but did not see any mention of components in that discussion. I guess that I'll have to dig a bit deeper and read the actual text of the FOPA...

Too bad, because in recent days I've seen reports of Varget being in stock at Riley's and at Trader John's, both in NH, but unfortunately Massachusetts sits in between here and there... Guess that I ought to check NY law, too...

Thanks for the (depressing) info...

 

[servette]

There must be some provision of law that permits interstate carriers such as UPS to transport ORM-D or hazmat material through Massachusetts without having the driver arrested and charged with a felony.

However, the person in this case is not an interstate carrier.

Oh well, time to look at the exact wording of the FOPA with regards to ammo.

Wouldn't it be ironic if the solution to gaining FOPA protection were to require that the person also transport an unloaded firearm in the trunk of the vehicle along with the smokeless powder (that is, if the FOPA does not protect ammo or components by themselves)...

 

[servette]

Based on the following:

TITLE 18 > PART I > CHAPTER 44 > § 926APrev | Next
§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

My conclusion (subject to additional information):

IANAL, but my layman's interpretation of the above after having read through it many times is that there is some ambiguity with respect to the interstate transportation of ammunition, but that a strong argument can be made that either or both of the following may apply:

a) FOPA applies to the transportation of ammo by itself, or
b) FOPA applies to the transportation of ammo along with a firearm

Out of concern that Mass. authorities routinely and corruptly (mis-)interpret the law in the way that best screws the law-abiding citizen while doing nothing to discourage the actions of criminals, if I were to purchase smokeless powder in one of the free states and transport it to Connecticut by driving through Massachusetts, wanting to least-ambiguously secure the protection of the FOPA, I would probably make sure to transport the smokeless powder locked in the trunk of the car, while also transporting an unloaded firearm locked in the trunk of the car.

My reasoning is that since Massachusetts treats smokeless powder as "ammo", and since mere possession of "ammo" by a non-LTC(non-FID?) person is prohibited, it would seem to place the burden of proof on the 'transporter' that interstate transportation of ammo alone is protected by FOPA, whereas it would be difficult for a Mass. LEO to maintain that transporting both "ammo" and a firearm are not protected by the phrasing of "during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle".

 

[bostonasphalt2]

The best way to not deal with this is for every MA person who aspires for freedom to get out, and to line the border of MA with dynamite. Jus have the last one out light the fuse and send this craphole into the ocean.

 

[jdubois]

FOPA only covers ammunition for the guns you are transporting under FOPA. It certainly doesn't cover powder alone. Common carriers such as UPS are exempted by C. 140 § 129C(d).

You could make an argument that non-residents can bring smokeless powder in under C. 140 § 129C(h), which allows you to travel in the state with non-large capacity rifles, shotguns, and ammunition therefor. However, it could well be determined that powder alone fits the definition of ammunition but not the definition of ammunition for a rifle or shotgun. As such, I personally wouldn't try it without a non-resident LTC.

 

[servette]

Thanks for the info about the specific statutes that may be involved.

FOPA only covers ammunition for the guns you are transporting under FOPA.

Beyond that, I am wondering if you have a specific source for FOPA only covering ammo "for the guns you are transporting under FOPA".

As a non-lawyer, my interpretation of the word "any" in the following phrase:

neither the firearm nor any ammunition being transported is readily accessible

is that it would seem to cover the concept of "ammo" more broadly than specifically the ammo for the guns that you are transporting under FOPA, but it is certainly possible that my interpretation is incorrect, or that there is case law that further clarifies the intent of FOPA...

Either way, though, your suggestion that "I personally wouldn't try it without a non-resident LTC" is a prudent one...

 

[Kicker96FS]

So bring a gun along for the ride, it's ammo for that gun.

 

[jdubois]

As a non-lawyer, my interpretation of the word "any" in the following phrase:

neither the firearm nor any ammunition being transported is readily accessible

is that it would seem to cover the concept of "ammo" more broadly than specifically the ammo for the guns that you are transporting under FOPA

You have to ask the broader question, what does 926A entitle you to? It entitles you to "transport a firearm for any lawful purpose". It specifically does not entitle you to transport ammunition. Otherwise it would have said "transport a firearm or ammunition for any lawful purpose". Therefor, when ammunition is brought up further down in the text, it can only be in relation to the firearm you have been entitled to transport. So no firearm for that ammo, no entitlement.