Transporting gun into Massachusetts?

[Cavalier223]

I could not find anything specific to this when searching, but if this has been brought up before, please send me to the right thread.

I do not live in Massachusetts, and I do not have an out-of-state license. I live in Connecticut, and am licensed here. My brother is a Massachusetts resident, and has an LTC. If I wanted to transport my revolver into the state, to his place of residence, while keeping it locked and in the trunk, and then we both go to the range together, would this be legal?

Would this count as an "organized group of firearm collectors," for which there is a provision in Chapter 140: Section 131G? Barring that, would such a transport be protected under FOPA?

Or would this simply be a violation of Mass state gun laws?

Thanks, all!

 

[Len-2A Training]

131G is a bogus "exemption" since due to the wording, NO other state's license qualifies for said "exemption". It's a felony for you to bring any handgun or large capacity long gun into MA without holding a MA NR LTC. Sorry.

Besides the above, meeting your Brother or a friend would never qualify as a "organized group . . . ".

And yes, this question has come up here on NES dozens of times in the past.

 

[whacko]

Fopa only covers you for passing through a state. In other words if your legal to possess in the state you start your drive and are legal to possess in the state of your destination.....you can travel through a state that your not legal to posess provided you keep the gun unloaded and locked up.

As your destination is in mass.....if you get pulled over in mass on the way......your fair game for possessing a fire arm without a license. However your licensed brother can meet you at the border and go from there with him in the vehicle with you.

 

[FrugalFannie]

simple, drive through to NH as you are legal there. have your brother meet you there and take possession and transport the guns to the range. Return to NH to transfer firearms back to you, and then drive back to CT.

Or better yet, never step foot into MA again. MA sucks. even better, get brother to move to NH.

 

[jayhitek]

simple, drive through to NH as you are legal there. have your brother meet you there and take possession and transport the guns to the range. Return to NH to transfer firearms back to you, and then drive back to CT.

Or better yet, never step foot into MA again. MA sucks. even better, get brother to move to NH.

I like how you said "easy". As if driving from CT through MA into NH and back again just for a trip to the range.. only needs to add 2-4 hours of your days planning.. easy..

 

[Editor]

. . . only needs to add 2-4 hours of your days planning . . .

Perhaps. Or it may be a matter of 10 additional minutes. Depends on the OPs destination in MA.

 

[Mustang5L5]

my understanding is you can still be arrested and have to argue FOPA as a defense.

NRA-ILA | Guide To The Interstate Transportation Of Firearms

I just don't see a MA state trooper pulling someone over without a MA ltc, discovering a firearm, and letting them be on their way even if they claim FOPA.

 

[dcmdon]

my understanding is you can still be arrested and have to argue FOPA as a defense.

NRA-ILA | Guide To The Interstate Transportation Of Firearms

I just don't see a MA state trooper pulling someone over without a MA ltc, discovering a firearm, and letting them be on their way even if they claim FOPA.

True. FOPA is an affirmative defense.

But the truth of the matter is that people who are otherwise law abiding people, transporting in compliance with the safe passage portion of FOPA
DO NOT get hassled by the MA police.

I do not know of a single instance in the last 10 years of someone transporting through MA in compliance with FOPA, who was obeying the law, who was arrested. None.

So its not a real problem. Unlike when flying through JFK, LGA, or EWR, where you WILL be arrested if you declare a firearm at the luggage counter.

 

[dcmdon]

As absurd as it sounds. The easiest way to stay lega might be this. Split the gun into a receiver and a slide. Mail the slide to your brother. Put the receiver into the trunk of your car and drive to your brothers.

The slide is not a firearm and can be mailed or possessed by anyone.

The receiver is a firearm per the feds, but not per MA. So you can drive it in, in compliance with the law.

The slide will fit in a USPS small flat rate box, and will cost about $7 to ship.

 

[hpm]

This should not be seen as advise to break the law...but how often do you get your car searched by a state trooper?

 

[EMTDAD]

As absurd as it sounds. The easiest way to stay lega might be this. Split the gun into a receiver and a slide. Mail the slide to your brother. Put the receiver into the trunk of your car and drive to your brothers.

The slide is not a firearm and can be mailed or possessed by anyone.

The receiver is a firearm per the feds, but not per MA. So you can drive it in, in compliance with the law.

The slide will fit in a USPS small flat rate box, and will cost about $7 to ship.

does this work with cylinders too? OP said "revolver"

 

[jtnf]

does this work with cylinders too? OP said "revolver"

Yes - If its' incapable of firing a projectile, not a gun.

 

[snax]

I live in a MA/MY border town and I go up to NH to pick my buddy up just over the line to come down to shoot. Take no chances.

 

[MAJoe]

This should not be seen as advise to break the law...but how often do you get your car searched by a state trooper?

All it takes is once. Far too much to lose

 

[dcmdon]

I live in a MA/MY border town and I go up to NH to pick my buddy up just over the line to come down to shoot. Take no chances.

Sure. If its that easy. But if the OP and his friend are not close to each other, just over the border, then mailing the slide/cylinder and transporting the non-firing frame is a reasonable option.

The reality is that whenever you read about people getting in trouble transporting in MA, there is some other ridiculous red flag that stands out. Its never just a plain old law abiding citizen getting screwed.

Whether you choose to strictly abide by the law or just drive the gun to your friends house:
1) drive reasonably
2) dont' be drunk
3) don't engage in any drug deals along the way
4) Put the gun in your trunk separate from the ammunition. If you don't have a trunk put it in the way back, in a locked container, unloaded and separate from the ammunition.
5) have a valid registration, drivers license, and insurance

And you have a nearly zero percent chance of having a problem. I'd put it somewhere around the chance of getting struck by lighting. This is not legal advice. My legal advice is to always comply with the law.

But sometimes the laws are so unreasonable, its just about impossible to be in full compliance.

Years ago I did a 3 gun competition in NY. I called the NY State police and asked to speak with a shift supervisor. I ended up with a lieutenant. I explained to him that I was going to West Point in NY and wanted to be in compliance with NY law. (the guns weren't the problem. The problem was the magazines and ammunition)

He was knowledgeable and empathetic. I frankly didn't care if his advice was right. The mere fact that I got advice from him about how to do this legally reduced my risk. (entrapment by estoppel).

In the end we both agreed that there was essentially no way a competitor could participate in this match and be in compliance with NY law. His advice to me was to not do anything stupid. Transport in compliance with FOPA and to write his name down in case I had any trouble.

The bottom line is that sometimes we just have to use common sense and make a risk:reward based decision.

 

[dcmdon]

I just don't see a MA state trooper pulling someone over without a MA ltc, discovering a firearm, and letting them be on their way even if they claim FOPA.

Well, it must happen. Because I don't know of anyone in the last 10 years who has been arrested in MA while transporting in compliance with FOPA.

 

[Mustang5L5]

Well, it must happen. Because I don't know of anyone in the last 10 years who has been arrested in MA while transporting in compliance with FOPA.

Well my post was more of a question really. Has it happened?

 

[dcmdon]

Nobody that I know of has been arrested. So either nobody traveling with a gun under FOPA has been stopped, or they haven't been asked, or they haven't been searched, or they have been asked and the cop has responded properly.

Either way, the risk is infinitesimally small.

 

[matt2491]

Who gives consent to a search anyway? Pshh.

 

[Len-2A Training]

Who gives consent to a search anyway? Pshh.

Lots of dumb people who don't know their rights or have a "I have nothing to hide" attitude.

 

[dcmdon]

And even if you don't consent. Its not very hard for the cop to come up with a reason for a search. (I smelled alcohol)

 

[whacko]

Nobody that I know of has been arrested. So either nobody traveling with a gun under FOPA has been stopped, or they haven't been asked, or they haven't been searched, or they have been asked and the cop has responded properly.

Either way, the risk is infinitesimally small.

I agree that the chances of getting pinched are highly unlikely. However.....when calculating risk management the "results" of failure are taken into account.....in this example the "results" are catastrophic.

Hence.....I'd recommend against bringing a gun into mass if you are unlicensed and your destination is actually in mass (which is what the op was asking about). Fopa.....when you are traveling through mass.....different story.

 

[dcmdon]

I agree with your analysis. At a different point in my life, I might have rolled the dice. But now with a family and children, I have no risk tolerance. I follow the law to the letter. My comment was a specific rebuttal to Mustang5L5's comment that he doesn't imagine a cop following FOPA in post #7.