Resident LTC-Unrestricted with Out-of-State Pistol for Carry with Pre-Ban Mags

[BryMan92]

Hello all,

I got my unrestricted LTC before moving out of state. I changed my domicile (not technically my residence since MA doesn't define this) to my new address and my permit, statutorily and through the Gun Portal, is still valid. I am here visiting for two weeks and brought with me a pistol that is registered out-of-state that I wish to carry with in-state pre-ban magazines. My question is: can I CCW this pistol (bought in CA) with a pre-ban 15-round magazine (bought in MA)?

Thanks!

 

[cockpitbob]

I'm no expert and I got lost in where your legal residence is, but it seems pretty simple. You need some kind of MA license that says you can carry, and it needs to be a "large capacity" license. If you are legally a MA resident (in MA's eyes) it needs to be an in-state, large capacity LTC. If you are not a MA resident then you need an out of state MA large capacity LCT.

What is your legal residency?

 

[DarthRevan]

If you no longer live (own the property) at the address on your LTC, it is invalid regardless of expiration date. You should have notified your local PD otherwise if you "move back" and reapply it might have negative consequences

 

[Rob Boudrie]

If you no longer live (own the property) at the address on your LTC, it is invalid regardless of expiration date. You should have notified your local PD otherwise if you "move back" and reapply it might have negative consequences

Agreed on the second point, but .... Please provide a law or cite that establishes that an LTC becomes "automatically invalid". I'm talking about an actual statute or court case, not "I heard" or "Someone told me".

An LTC can be revoked for failure to file a change of address, but there is no law that makes it "self-invalidating". I challenge you to prove otherwise.

 

[DarthRevan]

Fair enough, I just read the licensing section.
That said, I wouldnt count on it covering my ass if I'm no longer a legitimate resident.

 

[Rob Boudrie]

Fair enough, I just read the licensing section.
That said, I wouldnt count on it covering my ass if I'm no longer a legitimate resident.

What "licensing section" are you referring to?

Did you know an LTC revoked for failure to file a change of address still protects you from criminal persection, as it is treated as a civil matter of an expired license?

 

[milktree]

Agreed on the second point, but .... Please provide a law or cite that establishes that an LTC becomes "automatically invalid". I'm talking about an actual statute or court case, not "I heard" or "Someone told me".

An LTC can be revoked for failure to file a change of address, but there is no law that makes it "self-invalidating". I challenge you to prove otherwise.

So... if you have a Mass. resident LTC, and move to NH, you're required to inform the issuing authority, state police, and the exec. director of the criminal history systems board.

But that doesn't cancel the card, it has to be canceled.

That leaves two options:

1) they don't cancel it, and it's still valid.
2) they do cancel it.

If (2), wouldn't that mean that you'd be lying if you ever state that you'd never had a licence revoked?

If so, is the only way to avoid that trap to explicitly turn it in? Is there even a mechanism to cancel your own LTC?

 

[drgrant]

Oh its the residency shuffle trope! Oh boy!!!!1

I'd say "administratively expire" vs "revoke".

Assuming that someone is dumb enough to not exploit the system of course.

I still maintain that there is nothing in MGL that forces an LTC to instantly become invalid. Not even a dump of residency. EOPS just covers up for this gap in the
law by throwing administrative tantrums about it.

Of course like Rob says, it doesn't matter anyways, because someone running on an expired has like 99% diplomatic immunity anyways.

-Mike

 

[fshalor]

Agreed on the second point, but .... Please provide a law or cite that establishes that an LTC becomes "automatically invalid". I'm talking about an actual statute or court case, not "I heard" or "Someone told me".

An LTC can be revoked for failure to file a change of address, but there is no law that makes it "self-invalidating". I challenge you to prove otherwise.

I will add to the not challenged pool

If you have an expired LTC for any reason, you are protected for future violations like accidently crossing the border from your home in NH to a store in NH and getting pinched for carrying.

Possession of even an expires exp long invalid MA LTC should reduce that debacle from Felony Level to Civil Offence level .

Please correct me .

Edit: revoked is a different bag of dicks.

 

[fshalor]

I will add to the not challenged pool

If you have an expired LTC for any reason, you are protected for future violations like accidently crossing the border from your home in NH to a store in NH and getting pinched for carrying.

Possession of even an expires exp long invalid MA LTC should reduce that debacle from Felony Level to Civil Offence level .

Please correct me .

Edit: revoked is a different bag of dicks.

I effed that up ."protected" in that you don't become an instant PP for life.

 

[BryMan92]

Hi all,

The tl;dr for me is: the Gun Portal and my CA drivers license both say “1917 Communist Lane, CA, xxxxx”. The license is still shown as valid (changed address a few months ago) and everything I own is owned legally by me pursuant to the State I am in.

In terms of residency, CA makes you register your car and get a license or you get fined. While I do not vote in MA, I still have my money, family, property, and have no intent to stay in CA. Statutorily, my LTC should remain valid and my residency here is one big “eh, maybe?”.

Any other thoughts?

 

[Rob Boudrie]

If you have an expired LTC for any reason, you are protected for future violations

Only if:

1. You have not had the LTC revoked for any reason other than failure to file a change of address
2. You have not become statutorily disqualified from having an LTC
3. You have not subsequently applied for, and been denied, an LTC

DRGRANT covers it nicely in post #8.

 

[BryMan92]

Hi all,

Bit more information for those keeping score at home. I bought a pistol recently and the store was confused by my address. They agreed I was in an odd situation but stated that a valid LTC is valid and as long as the weapons are in MA then there is really no issue.

I can only imagine the confusion, as well, if I were to move to a new town (say for work or school, short-term) with only a pistol whilst maintaining some long-guns at my permanent home (which is occupied by next of kin).