Storage at work?

Kicker96FS

NES Member
Joined
Feb 13, 2009
Messages
7,086
Likes
3,170
Location
Made it to NH!
Feedback: 20 / 0 / 0
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....[rolleyes]
 
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....[rolleyes]
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.
 
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
 
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.
 
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
 
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.
 
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....
 
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.
 
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?
 
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.
 
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?
 
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.
 
Back
Top Bottom