Storage at work?

[Kicker96FS]

Do the home storage rules apply the same at work?

I can't carry while doing my job, the gun would get full of gunk and cleaning would be not only daily, but a concern. I have the means to secure it in a tool cabinet that only I have the keys to. I suppose I have to have it unloaded too....

 

[vellnueve]

Yes. But it doesn't have to be unloaded, just like it doesn't have to be at home.

 

[Kicker96FS]

Whoopie! Thanks for the info!

 

[M1911]

Do the home storage rules apply the same at work?

I can't carry while doing my job, the gun would get full of gunk and cleaning would be not only daily, but a concern. I have the means to secure it in a tool cabinet that only I have the keys to. I suppose I have to have it unloaded too....

The storage rules apply any time the gun is not in your direct control, whether that is at work, home, or in between.

No, you don't have to unload it.

See MGL Chapter 140 S131L, which reads, in part:

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.

Full text is here: http://www.mass.gov/legis/laws/mgl/140-131l.htm

As you can see, it does not say anything about "home" or does it say anything about being load or unloaded.

 

[Amurr]

Side note...

If I drive to work, and lock my carry gun in the trunk or glove box. Is that legal? Does it have to be unloaded there?

Thanks,
Alex

 

[vellnueve]

Yes, you have to unload.

 

[M1911]

If I drive to work, and lock my carry gun in the trunk or glove box. Is that legal? Does it have to be unloaded there?

That's different, because apparently the transportation in a vehicle law applies. So it has to be unloaded.

 

[Amurr]

Thats what I thought, just making sure.

 

[KMaurer]

That's why it gets so confusing. Driving it to work is transporting, thus it has to be unloaded and in a locked trunk or secured container. Leaving it there while at work is storage, in which case it can be loaded, and either a secured container or a lock will suffice, at least as far as the actual law is concerned.

Ken

 

[M1911]

That's why it gets so confusing. Driving it to work is transporting, thus it has to be unloaded and in a locked trunk or secured container. Leaving it there while at work is storage, in which case it can be loaded, and either a secured container or a lock will suffice, at least as far as the actual law is concerned.

Ken

Some of the attorneys on NES are of the opinion that if you leave a gun in your car, it must be unloaded.

 

[Red Lagoon 6]

Can I have the gun loaded, but on my person when I am driving? I agree, these laws are tough to comprehend.

 

[Kicker96FS]

Can I have the gun loaded, but on my person when I am driving? I agree, these laws are tough to comprehend.

Yes, If you have an LTC, no restrictions. (some are for transport to and from the shooting range only.)

 

[M1911]

Can I have the gun loaded, but on my person when I am driving? I agree, these laws are tough to comprehend.

The only time you can have a loaded gun in your direct control when driving is if you have an LTC-A with an appropriate restriction.

 

[bostonasphalt2]

In relation to this, can someone clarify something for me: I thought I remember reading that keeping the gun in the center console or glovebox was considered a no-no, no? Not that I do it since I have ALP, but still would be nice to get that cleared up for me....

 

[zeppelinfromled]

In relation to this, can someone clarify something for me: I thought I remember reading that keeping the gun in the center console or glovebox was considered a no-no, no? Not that I do it since I have ALP, but still would be nice to get that cleared up for me....

It's not really a cut and dry issue. I don't know of any case law about the glove box, but it would come down to what you could convince a jury of (or a cop, or a DA, etc).

If the gun is loaded, then you would have to successfully argue that the glove box is under your direct control. If the gun is not loaded, then you would have to argue that the glove box is either under your direct control or that it's a securely locked container. For a person who has restrictions on their LTC, it would have to be unloaded and they would have to argue that it's a securely locked container.

 

[Realtor MA]

It's not really a cut and dry issue. I don't know of any case law about the glove box, but it would come down to what you could convince a jury of (or a cop, or a DA, etc).

If the gun is loaded, then you would have to successfully argue that the glove box is under your direct control. If the gun is not loaded, then you would have to argue that the glove box is either under your direct control or that it's a securely locked container. For a person who has restrictions on their LTC, it would have to be unloaded and they would have to argue that it's a securely locked container.

When is a gun considered loaded? Does a round have to be chambered or does a full magazine with an empty chamber qualify as a loaded gun?

 

[zeppelinfromled]

When is a gun considered loaded? Does a round have to be chambered or does a full magazine with an empty chamber qualify as a loaded gun?

A gun with a full magazine and an empty chamber is loaded. I believe (not sure) that a full magazine that is not inserted in the gun (such as is shown in your avatar), does not constitute a loaded gun.

 

[Realtor MA]

A gun with a full magazine and an empty chamber is loaded. I believe (not sure) that a full magazine that is not inserted in the gun (such as is shown in your avatar), does not constitute a loaded gun.

So keeping the gun with a magazine inserted, in a locked container in the trunk of a car is probably against the law?

 

[zeppelinfromled]

So keeping the gun with a magazine inserted, in a locked container in the trunk of a car is probably against the law?

IANAL, but yes.

 

[ASHDUMP]

If you conceal carry and want to take your gun off your person while driving; you can buy or rig something up on the underside of your knee board. http://images.google.com/images?hl=...um=1&sa=1&q=car+holster&aq=f&oq=&aqi=&start=0

I would think this could be considered, "under your direct control".

 

[M1911]

So keeping the gun with a magazine inserted, in a locked container in the trunk of a car is probably against the law?

My interpretation is that would be against the law. IANAL and this isn't legal advice.

 

[zeppelinfromled]

If you conceal carry and want to take your gun off your person while driving; you can buy or rig something up on the underside of your knee board. http://images.google.com/images?hl=...um=1&sa=1&q=car+holster&aq=f&oq=&aqi=&start=0

I would think this could be considered, "under your direct control".

I have one of these, and I like it:

http://www.desantisholster.com/stor...action=prepare_detail&itm_id=2709&itm_index=0

 

[Pete85]

When is a gun considered loaded? Does a round have to be chambered or does a full magazine with an empty chamber qualify as a loaded gun?

I remember reading something like if there are any rounds on or in the gun then it is conisddered loaded. The case that was used to describe this was a shotgun with the clips for holding shells on the stock. If there were shells in those clips, the gun was (from a legal standpoint) loaded, even if there were no rounds in the chamber or magazine/tube.