Unloaded Magazines & Mass Law

[JGP]

Hello,

New member. I've read the FAQ and done a search...and didn't see this random question from that effort.

Does Massachusetts law (or the possible interpretation of that) require the locking up of unloaded handgun magazines in one's home?

When I have bought magazines from Mass gun shops I've been required to prove I'm licensed...hence as a restricted item, it begs this question.

I have a good little range bag and multiple magazines. But from a limited secured space perspective, I'd like to just stow my range mags in a 12 mag sleeve in that bag (in my home...NOT vehicle) until ready to head to a range, load those mags, and then practice. The only compartment of that range bag that will fit the sleeve can not be locked.

Obviously, ammo and handguns are kept locked and physically secured and not in the equation, or in the bag, in this scenario.

Can't find much on this because I'm guessing most people simply don't do this (e.g., they keep their's loaded, secured, and ready to go or put all their gear ready to go in a gun safe).

So is it OK...or is it treading some line that is simply not a good idea and therefore should not be considered?

Thanks in advance.

JP

 

[M1911]

There is no requirement to lock up magazines.

You really should learn where the statutes are and go read them. See MGL Chapter 140 Section 131L which reads, in part:

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.

Note that this refers to “any firearm, rifle or shotgun”. A magazine isn’t a “firearm, rifle or shotgun.” See the definitions in MGL Chapter 140 Section 121.

 

[Len-2A Training]

Non-large capacity magazines (10 or less for handguns/rifles, 5 or less for shotguns) are not mentioned in MGLs, so it "appears" to be legal to store them any which way you want.

Large capacity magazines require that only those properly licensed (LTC) can have access to them. So although it does not state in MGLs that they must be locked up, the implication of my 1st sentence is that they do need to be secured away from any visitors/residents who are unlicensed and thus the easiest way to do this is to lock them up. Dumping them in a toolbox with a padlock suffices.

 

[Len-2A Training]

There is no requirement to lock up magazines.

You really should learn where the statutes are and go read them. See MGL Chapter 140 Section 131L which reads, in part:

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.

Note that this refers to “any firearm, rifle or shotgun”. A magazine isn’t a “firearm, rifle or shotgun.” See the definitions in MGL Chapter 140 Section 121.

M1911, see my comment above.

 

[M1911]

Large capacity magazines require that only those properly licensed (LTC) can have access to them. So although it does not state in MGLs that they must be locked up, the implication of my 1st sentence is that they do need to be secured away from any visitors/residents who are unlicensed and thus the easiest way to do this is to lock them up. Dumping them in a toolbox with a padlock suffices.

While it is sound advice to lock up large capacity magazines, there is no requirement in the MGL to do so.

 

[JGP]

OK, thanks to both of you for your take. I agree on reading the statutes, always best to go to the source. I actually have but struggle a bit with the run on sentences and for whatever reason I seem to brain freeze on what might be readily apparent to others. But sounds like, while I have probably have the right to let them run wild, the best approach is probably the most conservative to avoid trouble...and lock them. Appreciate the quick replies from both of you. JP

 

[M1911]

But sounds like, while I have probably have the right to let them run wild, the best approach is probably the most conservative to avoid trouble...and lock them.

That is certainly the conservative approach.

Violating MGL Chapter 140 Section 131L by leaving a "large capacity weapon" stored unlocked is a felony:

(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not a large capacity weapon, by a fine of not less than $1000 nor more than $7,500 or by imprisonment for not more than 11/2 years or by both such fine and imprisonment and, in the case of a large capacity weapon or machine gun, by a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not less than 11/2 years nor more than 12 years or by both such fine and imprisonment.

There is no similar statute for leaving large capacity magazines unsecured.

I actually have but struggle a bit with the run on sentences and for whatever reason I seem to brain freeze on what might be readily apparent to others.

MA laws in general and gun laws in particular are horribly written and very confusing. In this case, however, it is readily apparent that this statute refers to guns, not magazines:

It shall be unlawful to store or keep any firearm, rifle or shotgun ... in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock

Note that in most of MA law, the word "firearm" essentially refers to a handgun. Most rifles and shotguns are not "firearms", as defined in MGL Chapter 140 Section 121. Yes, that is stupid, but it is typical for MA gun law.

''Firearm'', a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

Many of us have been reading these laws for a long time. That said, I'm not a lawyer and this isn't legal advice.

 

[drgrant]

There's no punishment to the LTC holder for loose LCAFDs or Ammunition (for the moment, let's just ignore that stupid ammo storage CMR that's not really a law that everyone ignores). but I think the idea here is that such things create (potential) legal peril for an unwashed person on their lonesome.

If I leave a case of ammo on my kitchen table and a bunch of preban beretta mags there and I have a housesitter come in while I'm gone, and that person has no LTC, and something "weird" happens, if the police were douchebags, they could pin unlawful possession on the housesitter. That kind of horseshit.

-Mike

 

[Len-2A Training]

While it is sound advice to lock up large capacity magazines, there is no requirement in the MGL to do so.

We agree, but you'd be hard pressed to argue against my remark that there is an implication to secure them from unlicensed persons.

 

[Len-2A Training]

There's no punishment to the LTC holder for loose LCAFDs or Ammunition (for the moment, let's just ignore that stupid ammo storage CMR that's not really a law that everyone ignores). but I think the idea here is that such things create (potential) legal peril for an unwashed person on their lonesome.

If I leave a case of ammo on my kitchen table and a bunch of preban beretta mags there and I have a housesitter come in while I'm gone, and that person has no LTC, and something "weird" happens, if the police were douchebags, they could pin unlawful possession on the housesitter. That kind of horseshit.

-Mike

Also they would go after you for "enabling" the crime, in MA that is a guarantee.

 

[M1911]

Also they would go after you for "enabling" the crime, in MA that is a guarantee.

Really? Please cite a case.

 

[AHM]

Large capacity magazines require that only those properly licensed (LTC) can have access to them. So ... they do need to be secured ... and thus the easiest way to do this is to lock them up. ...

While it is sound advice to lock up large capacity magazines, there is no requirement in the MGL to do so.

There is one circumstance in which Len is correct.
And it has a fascinating corollary.

It is mandatory to lock up large capacity magazines
in certain precincts of Andover, Massachusetts:

MGL Ch. 140 §131: Licenses to carry firearms; conditions and restrictions

(a) ... The colonel of state police may, after an investigation, grant a Class A license to a club or facility ... for the possession, storage and use of ... large capacity feeding devices ...; ... Any ... large capacity feeding device kept on the premises of a lawfully incorporated shooting club shall, when not in use, be secured in a locked container, and shall be unloaded during any lawful transport.

Now, I hope you are wearing a hat,
because your brain may explode.

Here's the fascinating corollary:
If you ever bring your own large capacity weapon or large capacity feeding device
into certain precincts of Andover, Massachusetts,
you can never take them home with you again.

No large capacity weapon or large capacity feeding device shall be removed from the premises except for the purposes of: (i) transferring such firearm or feeding device to a licensed dealer; (ii) transporting such firearm or feeding device to a licensed gunsmith for repair; (iii) target, trap or skeet shooting on the premises of another club incorporated under the laws of the commonwealth and for transporting thereto; (iv) attending an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a nationally or state recognized entity that promotes proficiency in or education about semiautomatic weapons and for transporting thereto and therefrom; (v) hunting in accordance with the provisions of chapter 131; or (vi) surrendering such firearm or feeding device under the provisions of section 129D.

 

[Matt_SERE]

Now, I hope you are wearing a hat,
because your brain may explode.

Here's the fascinating corollary:
If you ever bring your own large capacity weapon or large capacity feeding device
into certain precincts of Andover, Massachusetts,
you can never take them home with you again.

No large capacity weapon or large capacity feeding device shall be removed from the premises except for the purposes of: (i) transferring such firearm or feeding device to a licensed dealer; (ii) transporting such firearm or feeding device to a licensed gunsmith for repair; (iii) target, trap or skeet shooting on the premises of another club incorporated under the laws of the commonwealth and for transporting thereto; (iv) attending an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a nationally or state recognized entity that promotes proficiency in or education about semiautomatic weapons and for transporting thereto and therefrom; (v) hunting in accordance with the provisions of chapter 131; or (vi) surrendering such firearm or feeding device under the provisions of section 129D.

I thought that this was a 'unicorn' and only applies to an LTC issued to a Club and not an individual? So a 'club' that has magazines must retain ownership and possession on the property at all times.

 

[Toast]

Large capacity magazines require that only those properly licensed (LTC) can have access to them. So although it does not state in MGLs that they must be locked up, the implication of my 1st sentence is that they do need to be secured away from any visitors/residents who are unlicensed and thus the easiest way to do this is to lock them up.

What's the cite on that one (I'm assuming 269 10)? The above would seem to imply that if I take my unlicensed neighbor shooting and allow him to use a Glock with a pre-ban 15 round magazine, we can both find ourselves up the creek.

 

[snax]

Would it be advisable to lock up any magazines anyway, as an LEO would make up a law that doesn't necessarily exist on the spot, arrest you for it, confiscate all your shit, only to pay wads to get it back after a dismissal? Along the lines of that woman in Manchester who was arrested for having an unsecured firearm within reach of a child in her glovebox where no such law existed? She still had to spend time and money to get it cleared up.

 

[AHM]

If you ever bring your own large capacity weapon or large capacity feeding device
into certain precincts of Andover, Massachusetts,
you can never take them home with you again.

I thought that this was a 'unicorn' and only applies to an LTC issued to a Club and not an individual? So a 'club' that has magazines must retain ownership and possession on the property at all times.

Unlike the other parts of MGL Ch. 140 §131(a),
¶3 doesn't seem to explicitly confine itself to
large capacity weapons or feeding devices
possessed by licensed clubs.

Spoiler

The only known licensed club is in Andover.

 

[Len-2A Training]

What's the cite on that one (I'm assuming 269 10)? The above would seem to imply that if I take my unlicensed neighbor shooting and allow him to use a Glock with a pre-ban 15 round magazine, we can both find ourselves up the creek.

I think that allowing an unlicensed person access to large capacity mags (OTHER than the exemption of direct supervision C. 140 S.129C (m)) would be covered uner C. 269 S. 10F (felony, 10 yrs).

 

[Toast]

I think that allowing an unlicensed person access to large capacity mags (OTHER than the exemption of direct supervision C. 140 S.129C (m)) would be covered under C. 269 S. 10F (felony, 10 yrs).

I knew about C. 140 S.129C (m)), but that only relates to the firearm itself. It would almost seem that the magazine rides off on its own regardless. Sure, it would take a real jerk of a DA to press it, but, let's be honest, there are plenty of those.