Questions Re: MA High-Cap Rifle Storage Rules

[CLMN]

Question: In the PRM, is it considered legal to store a high-capacity rifle in a locked rifle case in the home without the gun having a cable lock or trigger lock installed?

If so, does the rifle case have to be made of 100% metal? Or would a lockable plastic rifle case (or similar non-100% metallic case) be acceptable? Would the integral luggage locks alone be acceptable as locks? Or would the rifle case have to be padlocked?

Last question: Is a locked wooden gun cabinet without glass front ever considered adequate to meet PRM law without benefit of the guns being disabled by cable locks or trigger locks?

CLMN

 

[vellnueve]

As long as the case is locked you're fine. Doesn't matter what type. A trigger lock or cable lock would also suffice.

A glass-front gun cabinet is fine. If the glass has been removed and you can remove firearms from it without having to unlock it, that is most certainly NOT fine.

The key is "locked".

 

[CLMN]

As long as the case is locked you're fine. Doesn't matter what type. A trigger lock or cable lock would also suffice.

A glass-front gun cabinet is fine. If the glass has been removed and you can remove firearms from it without having to unlock it, that is most certainly NOT fine.

The key is "locked".

I meant a wooden gun cabinet made without a window... i.e, 100% solid wood. Sorry!

You'd be amazed at the range of answers I got this weekend while shopping around for a bigger gun safe!

CLMN

 

[vellnueve]

If it's locked, you're good.

 

[Len-2A Training]

The law does NOT specify what type of lock/container/case, quality/construction of same or where you have to keep the keys, HOWEVER, case law threw some cold water on this with a conviction when a resident who had some mental issues unscrewed the hinges (IIRC) and accessed a locked cabinet.

Thus, there are no guarantees that another judge would find that anything short of the vault at Fort Knox was adequate.

 

[BenDover]

During my firearms safety course the instructor offered similar advice that a glass front gun cabinet is not suitable for storage.

Here's the law:

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.

I agree that a glass faced cabinet is not very sturdy but it is a locked container. If a glass front cabinet is not a container then how on earth can a cloth gun case be considered a suitable container since you can tear the fabric easily. Plastic gun boxes are easily shattered....etc etc

 

[jdubois]

The law does NOT specify what type of lock/container/case, quality/construction of same or where you have to keep the keys, HOWEVER, case law threw some cold water on this with a conviction when a resident who had some mental issues unscrewed the hinges (IIRC) and accessed a locked cabinet.

Do you have a reference to the case you're talking about? The only case I know about that resembles that is COMMONWEALTH vs. STEPHEN PARZICK (2005), where the gun was stored in an unlocked closest in a locked room. But the door lock to the room was of the typical interior lock style where all you need is a pin to push in the door knob and open the lock. That was deemed to be not sufficient.

so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user

And that is the most important phrase in the law. If somebody other than the owner or a lawfully authorized user gets hold of your gun and uses it, it'll be your job to show that it happened in spite of you taking reasonable precautions to keep it from happening.

 

[drgrant]

I think Len is talking about the civil case that came from that fruitloop guy stealing a gun in westminster and then using that gun to shoot a LEO or something like that. It wasn't a safe storage issue but came up in some civil case after the fact. Basically the court decision was something to the effect of "if you know nutjobs have access to your gun storage location, then a plywood box with exposed hinges is not good enough storage, and that storage should be good enough to stop "all but the most determined attempts" or some crap like that.

-Mike

 

[Len-2A Training]

Mike is right. Don't recall the cite but GOAL was rather vocal about it. I know that there is a thread archived on NES about it. I did a quick look at Ron's book under case law but don't have time to look thru every case listed and didn't find it on the 4 or 5 that I did scan thru.

 

[jdubois]

I think Len is talking about the civil case that came from that fruitloop guy stealing a gun in westminster and then using that gun to shoot a LEO or something like that.

JUPIN vs. KASK (2006)?

 

[drgrant]

JUPIN vs. KASK (2006)?

That sounds about right.

-Mike

 

[Len-2A Training]

Thanks JD.

I'm surprised that it isn't listed in Ron's latest book.

 

[KMaurer]

Probably because it doesn't really provide any guidance for law enforcement. The entire argument revolves around a question of negligence.

In the circumstances of this case, we conclude that a homeowner who permits guns to be stored on her property and allows unsupervised access to that property by a person known by her to have a history of violence and mental instability, has a duty of reasonable care to ensure that the guns are properly secured. This duty is owed to, inter alia, a law enforcement officer shot by the person granted unsupervised access, because the officer is a foreseeable victim of the alleged improper firearm storage. We therefore reverse summary judgment on the negligence claim and leave to the jury the determination whether Kask exercised reasonable care.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=sjcslip/16329&invol=1

It's not simply that the guns were stored in a home made wooden case, but that it was poorly designed and constructed, i.e., the hinge screws were on the outside of the case such that they could (and were) easily removed with a screwdriver, and that a young adult with a history of violence and mental instability (the defendant's step-son) was allowed unsupervised access to the house.

Ken

 

[M1911]

Question: In the PRM, is it considered legal to store a high-capacity rifle in a locked rifle case in the home without the gun having a cable lock or trigger lock installed?

Yes. Here's the statute in question:

Chapter 140: Section 131L. Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.

Notice the important "or" in that sentence. It can be in a locked container or be equipped with a tamper resistant mechanical lock (e.g., a trigger lock). You can store them in a locked container without trigger locks. You can store outside of a cabinet, but with trigger locks. You can store them in a locked container with trigger locks. All three options obey the letter of the law.

If so, does the rifle case have to be made of 100% metal? Or would a lockable plastic rifle case (or similar non-100% metallic case) be acceptable? Would the integral luggage locks alone be acceptable as locks? Or would the rifle case have to be padlocked?

Last question: Is a locked wooden gun cabinet without glass front ever considered adequate to meet PRM law without benefit of the guns being disabled by cable locks or trigger locks?

There's nothing in the statute that gets to that level of detail. I've never seen anything that would imply that the case needs to be metal or that luggage locks are not acceptable.

IIRC, there was a case a while back where a fellow stored his guns inside a locked, wooden cabinet. The hasp used to lock it had exposed screws. One of the family members was disturbed, and gained access to the cabinet using a screwdriver. Last I heard, a judge allowed the case to go to trial, but I don't recall the outcome (and may be misremembering significant details).

ETA: I see other folks added more detail on this case.

More secure is better. I would never store my guns in a wooden gun cabinet, because I don't want them to get stolen. I use gun safes (plural!).