Yes ANOTHER transportation question

[Adam_MA]

Question... While transporting a rifle (or I guess pistol for that matter) does the law say it has to be inside a locked case? Or would in a non locked case, with the action properly locked satisfy the law?

Thanks
Adam

 

[Len-2A Training]

Storage allows locked mechanism or locked case/closet/safe.

Transportation is another set of rules . . .

- Handguns (with LTC-A CCW only) can be loaded/unloaded on/about the person with the license, but MUST be under licensee personal control.

- Hi-cap rifles must be unloaded in a locked case out of reach of the driver, or in a locked trunk (if in locked trunk it need not be cased) . . . but can NOT be removed from trunk on a public way unless cased (need not be locked).

- Lo-cap rifles legally could be placed on the back seat of the car (or in a visible rifle rack), unloaded, not locked, not cased. This meets the law, although you may well get hassled if seen by LE (how would they know lo-cap from hi-cap as they walk/drive by without checking out the gun?).

 

[Chris]

Any long gun on a "Public way" (except for the exemption for parades) must be in some kind of case.

Pistols not 'carried' for defense need to be cased and locked. No particulars as to what type is used for either requirement. Soft case with trigger or cable lock is fine. Small padlock behind the trigger (asuming you can't get the sear to release with the added metal in place) is also OK. My 1911 has a trigger with holes in it and a very small luggage lock will prevent the trigger from moving far enough to release the sear.

 

[Rob Boudrie]

Pistols not 'carried' for defense need to be cased and locked. No particulars as to what type is used for either requirement. .

Where in the law does it say this? Are you saying that a gun run carried on your person with an unlocked gun is not legal since it's not on your person and carried for defense?

 

[Len-2A Training]

Rob,

Would you please edit your message?

I'll be happy to answer your question, but I can't really make out what you are asking in that message. Could you please clarify your question?

I thought that my answer in this thread was rather comprehensive regarding transport . . . since that was the question asked.

Any other questions, just ask?

 

[Republic of Mass]

Well, what makes it OK for LEO to keep loaded longguns in their trunk / cab?

While the action is locked by the mechanisms they use to secure them to the trunk / floor / cage, they're still loaded.

 

[Len-2A Training]

Rep,

I have to prepare for a meeting and don't have time to look it up, but . . .

"Generally" there are exemptions for LE/Mil "in performance of their duties" on most anti-gun laws in MGLs.

Honestly, LE couldn't function with laws that require: guns locked, ammo separate, etc. If they need the gun, they need it NOW!

Most now seem to have the patrol carbines loaded and mounted either on the cages or roof-mounted in the cruisers.

 

[Chris]

Are you saying that a gun run carried on your person with an unlocked gun is not legal since it's not on your person and carried for defense?

C 140 S 131C (a) and (b) are the relevant sections for transport in a vehicle for pistols.

(a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehilce unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.


While Chief Glidden adds some words to the subsection (b) in his commentary, a strict read of the two sections does seem to allow people with a Class A to leave their unloaded handguns all over the car, and only a Class B holder needs the locked case. There might be case law that defines it further, but I have not looked that up.

And it seems I made an error. Section (b) does specifically state a locked case, so the lock is to be on the case, not the gun. So, you can store the gun in your car in a soft case with a trigger lock, but once the car is in motion, it has to be a locked case. *brilliant*

The only 'special' law for transporting a long arm in a vehicle is C 140 S 131C (c)

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B licence issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

So, basically any non-semi or any non-large-cap can be tossed in, but large-cap have to be secured in a case. What is interesting is that there is no statement about a non-larger-capacity long gun to be 'unloaded' in this section.

Interesting - "Other Secure Container" Naturally not defined.

The mentioned C 269 S 12D that requires a case and unloaded "on a public way" only seems to apply to arms carried on the person, so even that section does not seem to apply to the vehicle.

Also, understand that if you stop the car and leave it, your guns are no longer being transported, but stored and different laws come into play.

Rather than quoting then all here, suffice it to say that having the pump shotgun laying on the back seat is no longer allowed.

I still recommend a locked case for all guns being transported because that means complies with all the various wordings in all the various sections for transport and storage. (Including federal inter-state transport)

I swear, the more I stare at Mass Law, the more idiotic it becomes. (^_^) Oh, and C 131C (d) has all the exemptions for LEO etc.