Mass. Firearm General Laws

Discussion in 'Massachusetts Gun Forum' started by MIB, Feb 17, 2012.

  1. MIB

    MIB New Member

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    Rules and Regulation governing firearm licensing can be found here:

    Mass. General Law. Ch. 140 sec. 131

    http://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131

    Mass.gov info. on Mass Gun Laws.

    RESIDENTS possession info and application forms
    You MUST apply in the Town you reside in, or have a business in.
    Mass. Resident LTC/FID FEE is $100 for 6 years.
    Only LTC-A Restriction: NONE or ALP allows you to carry concealed.
    Some LTC-A are restricted to EMPLOYMENT ONLY, SPORTING , or TARGET/HUNTING.
    For a list of Town/Cities that you are most likely to receive a LTC-A Restriction:ALP or NONE in, see this topic

    NON-Residents and NR Aliens possession info and application forms
    Massachusetts does issue non-residents license, tho it might not grant you concealed-carrying permission.
    LTC is good for 1 year, and require you to appear in Chelsea, MA for an interview every year you wish to have the permit. Fee is $100 Per Year.

    Approved weapons roster
    Not all firearms are available for sale from a FFL in Massachusetts.

    Large Capacity magazines rules: Bringing in magazines that holds more than 10 into Massachusetts is illegal and a felony, unless the magazine was manufactured before September 13th 1994, or, unless you are qualified under LE or LEOSA.

    Massachusetts is still under the AWB that expired in 2004. It was extended by then Gov. Mitt Romney.

    The States Gun Rights Organization is GOAL.org
     
  2. vincent

    vincent New Member

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    An all too appropriate first post in the MA forum...

    Welcome to Mass, bend down, grab your ankles and kiss your rights goodbye...:mad:
     

  3. MIB

    MIB New Member

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    City of Boston

    Additionally: The City of Boston also has more restrictions on what firearms its subjects is allowed to purchase

    City of Boston
    Acts of 1989, Ch. 596, Sections 1-7 entitled "An act relative to assault weapons in the city of Boston" which was approved Dec 9, 1989

    Chief Ron Glidden's book on MA Firearms Law p. 292-296 (9th Edition)


    Heres the text:

    Special "Assault Weapons" Law
    for the City of Boston
    Acts 1989, ch. 596, sections 1-7, entitled "An act relative to assault weapons in the city of Boston", which was approved Dec 9, 1989; by section 8, effective upon its passage, provide as follows:

    SECTION 1.
    For the purposes of this act the following words shall have the following meanings:

    1. "Assault weapon", all rifles and shotguns designated as assault weapons in this section and all other semi-automatic rifles and shotguns which are determined by the assault weapon roster board, established under the provisions of section five, to be assault weapons. Such term shall include, in addition to any other rifles and shotguns identified by said board, all versions of the following, including rifles and shotguns sold under the designation provided in this section and rifles and shotguns which are substantially identical thereto sold under any designation:

    1. Avtomat Kalishnikov, also known as AK-47 semi-automatic rifles;
    2. Uzi semi-automatic rifles;
    3. AR-15 semi-automatic rifles;
    4. FN-FAL and FN-FNC semi automatic rifles;
    5. Steyr Aug semi-automatic rifles;
    6. SKS semi-automatic rifles;
    7. shotguns with revolving cylinders known as the Street Sweeper and the Striker 12;
    8. any other semi-automatic rifle with a fixed magazine capacity exceeding ten rounds;
    9. any other shotgun with a fixed magazine, cylinder, drum or tube capacity exceeding six rounds; and.
    10. any semi-automatic firearm which is a modification of a rifle or shotgun described in this subsection; that is, having the same make, caliber, and action design but a shorter barrel or no rear stock.

    2. "Assault weapon" shall not include:

    1. a rifle or shotgun which does not employ fixed ammunition;
    2. a rifle or shotgun which was manufactured prior to the year eighteen hundred and ninety-eight;
    3. a rifle or shotgun which operates by manual bolt action;
    4. a rifle or shotgun which operates by lever action;
    5. a rifle or shotgun which operates by slide action;
    6. a rifle or shotgun which is a single shot weapon;
    7. a rifle or shotgun which is a multiple barrel weapon;
    8. a rifle which is a revolving cylinder weapon;
    9. a rifle which employs a fixed magazine with a capacity of ten rounds or less;
    10. a shotgun which is a rimfire weapon that employs a tubular magazine with a magazine capacity of six rounds or less;
    11. a rifle or shotgun which cannot employ a detachable magazine or ammu- nition belt with a capacity greater than ten rounds;
    12. a rifle or shotgun which has been modified so as to render it permanently inoperable or so as to make it permanently a device which may not appropri- ately be designated as an assault weapon; or.
    13. a rifle or shotgun which is an antique or relic firearm, movie prop or other weapon not capable of firing a projectile and not intended for use as a functional weapon and which cannot be readily converted through a combina- tion of available parts into an operable assault weapon.

    3. "Large capacity ammunition belt", a belt or strip which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or an ammunition belt which can be readily converted into a large capacity ammunition belt.

    4. "Large capacity magazine", a box, drum, or other container which holds more than ten rounds of ammunition to be fed continuously into a semi-automatic rifle or shotgun or a magazine which can be readily converted into a large capacity magazine.

    5. "Rifle", a firearm of which the length of barrel is sixteen inches or more, that is designed or has been redesigned, made or has been remade to fire a fixed cartridge.

    6. "Semi-automatic", capable of firing a shot with each depression of the trigger without additional slide, bolt or other manual action.

    7. "Shotgun", a firearm of which the length of barrel is eighteen inches or more which is designed or has been redesigned, made or has been remade to fire a shotgun shell.

    SECTION 2.
    In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer an assault weapon.

    In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer a large capacity magazine or a large capacity ammunition belt.

    In the city of Boston, it shall be unlawful to sell, rent, lease, possess, purchase, barter, display, or transfer any part or combination of parts, designed or intended to convert a rifle or shotgun into an assault weapon, or any combination of parts from which an assault weapon may be readily assembled if these parts are in the possession or under the control of the same person.

    SECTION 3.
    The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines, large capacity ammunition belts, or other types of magazines or ammunition belts by officers, agents, or employees of the commonwealth or any other state or of the United States, members of the armed forces of the United States or the organized militia of the commonwealth or any other state, and law enforcement officers, to the extent that any such person is authorized by competent authority to acquire, possess or carry an assault weapon and is acting within the scope of his duties.

    The provisions of this act shall not apply to the sale of assault weapons, large capacity magazines, large capacity ammunition belts, or other types of magazines or magazine belts by dealers licensed under section one hundred and twenty-two of chapter one hundred and forty of the General Laws to those persons described in the first paragraph.

    The provisions of this act shall not apply to the possession of assault weapons by persons on the property of a lawfully incorporated sporting or shooting club who are licensed to carry firearms under section one hundred and thirty-one of chapter one hundred and forty of the General Laws.

    The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines or large capacity ammunition belts by persons taking part in a competition or attending a meeting or exhibition of any organized group of firearms collectors or travelling to or from such competition, meeting or exhibition; provided, however, that any such person has on his person a firearm identification card for the assault weapons issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws or is a resident of the United States and has on his person a permit or license to carry or possess firearms, including said assault weapons, issued under the laws of any state, district or territory which has requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that any such person who is a resident of the city of Boston shall also have on his person a license to possess the assault weapons issued pursuant to this act; and provided, further, that any assault weapon, while in transit or when at a location other than the competition, meeting, exhibition or owner's residence, shall be unloaded and packaged.

    The provisions of this act shall not apply to the possession of assault weapons by persons while in transit through the city of Boston for the purpose of going or coming from hunting; provided, however, that any such person has on his person a firearm identification card for the assault weapons issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws or is a resident of the United States and has on his person a permit or license to carry firearms, including said assault weapons, issued under the laws of any state, district or territory which has requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that any such person who is a resident of the city of Boston shall also have on his person a license to possess the assault weapons issued pursuant to this act; provided, further, that any such person has on his person a currently valid hunting or sporting license issued by the commonwealth or by the state of his destination; and provided further, that any assault weapon, while in transit, shall be unloaded and packaged.

    The provisions of this act shall not apply to the possession of assault weapons, large capacity magazines, large capacity magazine belts, or other types of magazines or ammunition belts by persons specifically authorized to acquire, have, possess or carry an assault weapon pursuant to federal law.

    SECTION 4.
    Any person who violates the provisions of this act as to an assault weapon shall for a first offense be punished by a fine of one thousand dollars, and for any subsequent offense by imprisonment for not more than two and one-half years.

    Any person who violates the provisions of this act as to a magazine or an ammunition belt shall for a first offense be punished by a fine of two hundred dollars and for any subsequent offense by a fine of five hundred dollars.

    SECTION 5.
    There shall be in the city of Boston an assault weapon roster board, hereinafter referred to as the board, which shall consist of seven members each of whom shall serve for a term of four years. The members of the board shall be: the police commissioner of the city of Boston, ex officio, or his designee, who shall serve as chairman of the board; the corporation counsel of the city of Boston, ex officio, or his designee; and five members to be appointed by the mayor, one of whom shall be a member of the Massachusetts chapter of the National Rifle Association; one of whom shall be an employee of a Massachusetts firm which manufactures firearms; and three citizens of the city of Boston, one of whom shall be a member of a recognized gun control organization.

    The board shall meet at the request of the chairman or by the request of a majority of its members.

    There shall be an assault weapon roster, hereinafter referred to as the roster, which the board shall compile and initially publish in a newspaper of general circulation in the city of Boston by December first, nineteen hundred and eighty-nine.

    In determining whether any weapon shall be placed on the roster, the board shall consider each of the following characteristics, without placing any undue weight on any one characteristic:


    1. Ballistic accuracy,.
    2. Quality of materials,.
    3. Quality of manufacture,.
    4. Reliability as to safety,.
    5. Utility for legitimate sporting activities.


    The board shall at least semi-annually publish the roster in a newspaper of general circulation in the city of Boston, and shall send a copy thereof to all dealers licensed in the city of Boston under the provisions of section one hundred and twenty-two of chapter one hundred and forty of the General Laws.

    The board may modify the roster upon the board's own initiative. A person may petition the board to place a weapon on the roster, subject to the provisions of this section. A person who so petitions shall give the reasons why the weapon should be placed on the roster.

    A petition to place a weapon on the roster shall be submitted in writing to the board and shall be in the form and manner prescribed by the board. Upon receipt of the petition to place a weapon on the roster, the board shall, within forty-five days of receipt of the petition, either notify the petitioner by certified mail that the petition is denied, or it shall place the weapon on the roster. The prohibition of a weapon shall be effective on the date it is included in the next publication of the roster in a newspaper of general circulation in the city of Boston.

    The board shall be authorized to promulgate regulations concerning the appeal of a decision to place or to deny to place a weapon on the roster and any other regulations not inconsistent with this act to effectuate its purpose.

    SECTION 6.
    Within ninety days of the effective date of this act, any person lawfully in possession of an assault weapon and a firearm identification card for that assault weapon issued pursuant to section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws shall apply to the police commissioner of the city of Boston, or his designee, for a license to possess such assault weapon. In determining whether to issue such license, the police commissioner of the city of Boston shall be guided by the criteria stated in section one hundred and thirty-one of chapter one hundred and forty of the General Laws, and the procedures for judicial review of a denial of a license to possess shall be the same as provided for the denial of a license in said section one hundred and thirty-one. A license to possess shall allow the licensee to keep an assault weapon in his residence. Any person denied a license to possess pursuant to this act shall, within ninety days of such denial, dispose of the assault weapon in such a way as to not be in violation of this act. Any person who obtains an assault weapon registered under this act by bequest or interstate succession shall, within ninety days of so obtaining, either apply for a license to possess such assault weapon or dispose of such assault weapon in a manner not in violation of this act.

    The same requirements of this section shall apply to an assault weapon included in the roster, with the ninety days to begin on the date the roster is published in a newspaper of general circulation in the city of Boston with such assault weapon included in the roster.

    SECTION 7.
    A police officer shall be authorized to seize any assault weapon which may be evidence of a violation of this act. The assault weapon shall be held as evidence by the police and may be disposed of in accordance with section one hundred and twenty-nine D of chapter one hundred and forty of the General Laws.

    The police commissioner of the city of Boston shall be authorized to promulgate regulations not inconsistent with this act to effectuate its purpose.

    The police commissioner of the city of Boston is hereby authorized to revoke licenses granted under sections one hundred and twenty-two and one hundred and thirty-one of chapter one hundred and forty of the General Laws for violation of this act.

    The police commissioner of the city of Boston is hereby authorized to issue an emergency order at any time to immediately and temporarily place a weapon on the roster and is further authorized to publish the roster in a newspaper of general circulation in the city of Boston without the approval of the board; provided, however, that he shall call a meeting of the board within thirty days of the issuance of the order so that the board may review the order and either permanently place the weapon on the roster or remove it therefrom.


    Source
     
  4. Mason609

    Mason609 New Member

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    Actually, MIB, Boston doesn't restrict what Bostonians can BUY, it restricts what Bostonians can KEEP within the City limits. Major difference.
     
  5. ajbeau

    ajbeau New Member

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    boy I thought R. I .sucked . I shoot at American firearms school in attleboro most of the time. The laws in Ma. are so screwy, I cannot get a straight answer on how I can "legally" take my gun to Ma. to shoot. I just separate ammo and gun lock it in trunk and pray I do not have a problem.
     
  6. Mason609

    Mason609 New Member

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    I know that IF you have a carry permit issued by your state, then you can transport your gun. The guys at the ASF should be able to answer that, I've been there many times and they seemed knowledgeable.

    But, I know a few people that can answer this. I'll get back to you in the afternoon on the 7th.
     
  7. scott_gen

    scott_gen New Member

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    This is absolutely insane.
     
  8. Cas04

    Cas04 New Member

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    I have a cousin who lives in mass and she told me that they can't own newer Glocks. Does anyone know about this? She said it was more than just capacity, they actually couldn't own Glocks made after a certain year
     
  9. Mason609

    Mason609 New Member

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    For the longest time, we were only allowed to own Gen 1. Now we can own up to Gen 3.

    The reason for this is that AFTER the Gen 1 came out, and before the Gen 2, the AG at the time decided to require certain aspects on all new firearms coming into the Commonwealth. Gen 2 didn't have these. At some point, Glock had made a few changes to the Gen 2 & 3, to allow them to be sold here (and yes, MA does have a decent sized Glock following).

    Oddly, S&W (which is MADE in MA), doesn't apply these "requirements" to all their firearms. Which is why there are some S&Ws that we can't have here.

    Some requirements:

    Loaded chamber indicator
    Drop test
    Doubla action handguns must have a trigger pull of 10 lbs.

    There's more, but why scare people? Oh, and these are "Consumer Protection Regulations", which is how they can get away with it.
     
  10. Cas04

    Cas04 New Member

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    I love mass, I was born there, but I don't think I could live there after enjoying the laws in sunny Florida!
     
  11. scott_gen

    scott_gen New Member

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    I live right across the MA border in RI. I called that place in Attleboro a few weeks back and whoever answered was real short with me about me transporting my own firearms to his school. Kind of turned me off to the whole place. I'll keep searching for closer places in RI. I currently shoot in Burrillville at a friends club. Without him, I'm not sure where I'd shoot.
     
  12. mountainman13

    mountainman13 New Member

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    You can get any GLOCK you want in Ma. If you know a LEO willing to sell it to you. But...what happens when you are found with a high capacity clip with "for military and police use" stamped on it? Will that same officer go to bat for you?

    Not long ago one of the state attorney's was actually in court arguing that the laws allow for 18 year olds to carry handguns. The people writing the laws can't even understand them.

    Everyone from Ma needs to be contacting their reps to get the castle doctrine passed and everyone should be pushing national reciprocity.

    Beware anyone who says they know the laws in Ma. They are either lying or insane.
     
  13. Mason609

    Mason609 New Member

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    There are pre-ban hi-cap MAGS that we can have in MA that are stamped LE. However, if you are going to buy from a LEO, you should only do so if he/she is a friend. That way, if something were to come up, then yes, there would be no question of them going to bat for you.

    The Castle Doctrine needs to come out of the Committee before anyone can vote on it, and yes, there are many many people already contacting their reps.

    Overall, we need a new Governor and a new AG. Also, if you live in MA you need to join GOAL (goal.org).
     
  14. Mason609

    Mason609 New Member

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    I just spoke with 2 cop friends, one local and one State Trooper. Both said roughly the same thing. "As long as it is unloaded, and locked in a container, separate from the ammo, it can be transported from any state into MA".

    Also, I'll be there on the 25th for a b-day shoot for myself.
     
  15. Mason609

    Mason609 New Member

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    I just spoke with 2 cop friends, one local and one State Trooper. Both said roughly the same thing. "As long as it is unloaded, and locked in a container, separate from the ammo, it can be transported from any state into MA".
     
  16. scott_gen

    scott_gen New Member

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    Still real "grey" area though. Not sure if I have 365 days to kill in jail if I get pulled over by that one officer having a bad day....
     
  17. Mason609

    Mason609 New Member

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    As long as it's not ON you, you'll be fine. Even if that one cop is having a bad day, the law says you can. This comes from the FOPA (Firearms Owners' Protection Act - which is a FEDERAL Law.

    If you want more info (like, the actual law), go to GOAL.org (Gun Owners Action League). That's the MA version of Gun Owners of America.

    Gun Owners' Action League
    PO Box 567
    Northboro, MA 01532
    Ph: 508-393-5333

    Ext. 21 Brings you to Jon Green the Director of Training and Education.


    OR, if you have a friend that has a MA LTC A (preferably a resident), have them meet up with you at the border, and drive up with him.
     
  18. mountainman13

    mountainman13 New Member

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    Im a long time member of GOAL and I follow things very closely.
    You are absolutely correct unloaded and locked traveling from one legal place to another you are supposed to be safe.
    I wouldn't try testing that by traveling through NY though.
     
  19. dog2000tj

    dog2000tj New Member

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    Threads like these make living in VT even betterer ;) :D :p
     
  20. Mason609

    Mason609 New Member

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    I've thought about moving there MANY times. Only thing, my jobs pay me $20/hour for doing nothing. If I knew I could get that kind of pay there doing as little as I do, then I'd move in a heartbeat (after I found an apartment).