1. WHAT DOES A LICENSE TO CARRY ALLOW ME TO DO?
This license allows you to purchase, possess, use and carry large and non-large capacity firearms, rifles, shotguns, feeding devices and ammunition, as well as chemical sprays.
2. HOW SHOULD I CARRY MY FIREARM?
It is recommended, that a licensee, who carries a firearm carry it in an enclosed case. If the licensee holds a class A license it is also recommended that they conceal the firearm from public view.
3. IF I AM LAWFULLY CARRYING A CONCEALED FIREARM, AND I AM CONFRONTED BY THE POLICE, WHAT SHOULD I DO?
If confronted by police for any reason, it is recommended that an armed licensee keep both hands in clear view and inform the officer that he or she is licensed to carry a firearm and is presently carrying one on his or her person. The licensee should then take direction from the officer to ensure a safe outcome to the encounter.
4. DOES A LTC ISSUED FOR “ALL LAWFUL PURPOSES” ALLOW ME TO DO ANYTHING I WANT WITH A FIREARM AS LONG AS I DO NOT VIOLATE THE LAW?
NO. All licensees are expected to behave not only lawfully, but also responsibly. This means that your firearm must be used and carried not only lawfully, but also in a safe and appropriate manner. You should not display or allow your firearm to be displayed inappropriately in a public place so as to frighten or alarm those present. Such an incident is likely to result in the police being dispatched to a call for a “Man With A Gun”, and will require police intervention to determine that the firearm is being possessed or carried in a lawful manner. The licensee must understand that the commission of ANY inappropriate, unsafe, threatening or unlawful act while carrying a firearm may result in the immediate revocation of the license
5. WHAT IS AMMUNITION? WHAT DO I NEED TO LAWFULLY POSSESS AMMUNITION?
Pursuant to c. 140§121, the term ammunition is defined as cartridges or cartridge cases, primers (igniter), bullets, or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate. This definition will include pepper spray
EDITORS NOTE: To lawfully “carry” MACE® or any other substance falling into this definition, a person must have an FID card. Please refer to c. 140§129B. However, under c.140§129C, a LTC will also entitle a person to purchase or carry ammunition.
6. WHAT IS A CONVICTION?
Pursuant to c.140§121, conviction is defined as a finding or verdict of guilt or a plea of guilty, whether or not final sentence is imposed.
IMPORTANT EDITOR’S NOTE: A continuance without a finding (CWOF), although not a conviction in Massachusetts, will disqualify an applicant for a LTC or FID (5 years for FID’s), where it is based on an admission to sufficient facts. An admission to sufficient facts will be deemed a plea of guilt pursuant to c278§18. However, it is possible to have a case continued without an admission – which will not amount to a guilty plea or an incriminating admission. Therefore, police must search the file to see what type of disposition was rendered.
7. WHAT EXACTLY IS A FIREARM? WHAT IS THE DIFFERENCE BETWEEN A FIREARM AND A RIFLE OR SHOTGUN?
Pursuant to c.140§121, a firearm is defined as 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.
EDITOR’S NOTE: Based on this definition, if a rifle had a barrel of less than 16 inches, it would take on the status of a firearms. Additionally, if a shotgun had a barrel less than 18 inches as originally manufactured that too would make it a firearm. Therefore, a rifle or shotgun manufactured as such would require the holder to be licensed to carry pursuant to c.140§131, before he or she could lawfully carrying either of them
ADDITIONALLY, THE TERM FIREARM SHALL NOT INCLUDE ANY WEAPON THAT IS:
a. 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
b. Not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk-through metal detectors.
EDITOR’S NOTE: Since the legislature severed the above items out of the definition of a firearm, they cannot be lawfully possessed by ANY person – even if that person is lawfully licensed. Mere possession will be a felony pursuant to c. 140§131N.
8. WHAT IS A RIFLE?
Pursuant to c.140§121, a rifle is defined as a weapon having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger.
9. WHAT IS A SAWED-OFF SHOTGUN?
Pursuant to c. 140§121, a sawed-off shotgun is defined as any weapon made from a shotgun, whether by alteration, modification, or otherwise, is such weapon:
a. as modified has one or more barrels less than 18 inches in length; or
b. as modified has an overall length of less than 26 inches.
EDITOR’S NOTE: Pursuant to c.269§10, subsection © it is a felony to unlawfully possess or carry a sawed-off shotgun in the Commonwealth of Massachusetts.
10. WHAT IS A SHOTGUN?
Pursuant to c. 140§121, A shotgun is defined as a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger.
11. WHAT DO I NEED TO CARRY A FIREARM?
Before a person can lawfully carry a firearm in Massachusetts, they must have a valid license to carry.
12. WHAT DO I NEED TO CARRY A RIFLE OR SHOTGUN?
Before a person may lawfully carry either a rifle or shotgun, they must have an FID card. An FID will entitled them to possess a rifle or shotgun in their home or to carry it in public. However, a rifle or shotgun must be unloaded and enclosed in a case before it can be lawfully carried out in public, unless the holder is hunting.
13. WHAT DOES THE TERM VIOLENT CRIME MEAN? WHAT SIGNIFICANCE DOES IT HAVE IF I WANT TO POSSESS OR CARRY A FIREARM, RIFLE OR SHOTGUN?
Pursuant to c. 140§121, the term violent crime shall mean:
· any crime punishable by imprisonment for a term exceeding one year
· any act of juvenile delinquency involving the use of possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult.
That:
a. has an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another;
b. is burglary, extortion, arson, or kidnapping;
c. involves the use of explosives; or
d. otherwise involves conduct that presents a serious risk of physical injury to another
EDITOR’S NOTE: The previous mentioned definition is significant in terms of how a person can be disqualified from obtaining either an FID or LTC. Please refer to c. 140§129B concerning FID’s & c. 140§131 concerning LTC's. Anyone CONVICTED or ADJUDICATED as stated above CAN NEVER obtain either an FID or LTC in the Commonwealth of Massachusetts. It is a lifetime disqualifier.
14. I DO NOT LIVE IN MASSACHUSETTS – CAN I STILL OBTAIN AN FID CARD OR LTC FROM THE LICENSING AUTHORITY?
Yes, from the Commonwealth of Massachusetts. If your own a business, you can obtain a license from the license authority in that city or town.
15. WHAT WILL DISQUALIFY ME FROM OBTAINING AN FID CARD?
You will be immediately disqualified from obtaining an FID if you have ever been convicted OR adjudicated a youthful offender OR delinquent child for the commission of:
a. any felony
b. any misdemeanor punishable by imprisonment for more than two years.
c. any violent crime as defined in section 121;
d. any violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; of
e. a violation of any law regulating the use, possession or sale of controlled substances, as defined in §1 of chapter 94c including, but not limited to, a violation under said chapter 94C
16. IF I HAVE BEEN EITHER CONVICTED OR ADJUDICATED FOR THE COMMISSION OF ANY OF THE ABOVE, AM I AUTOMATICALLY DISQUALIFIED FOR LIFE?
No. The only crimes preventing you from obtaining an FID for life are the following:
a. any violent crime
b. any crime involving the trafficking of weapons
c. any crime involving the trafficking of controlled substances
ALL other disqualifiers are limited to five years from the date of conviction, release of confinement, probation or parole supervision, whichever is last occurring. In other words, if you were convicted of a nonviolent felony, such as larceny, you would have to wait five years before you could apply for an FID
17. WHAT IF I HAVE BEEN CONVICTED OF A NON-VIOLENT MISDEMEANOR WHICH CARRIES A SENTENCE OF UNDER TWO YEARS?
You can immediately apply for an FID. This will not disqualify you from obtaining one.
18. I WAS CONVICTED OF COMMITTING A CRIME IN ANOTHER STATE. DOES THAT ALSO DISQUALIFY ME FROM OBTAINING AN FID?
The same rules apply if you have been convicted or adjudicated in another state for any of the mentioned criteria.
19. WHAT ABOUT SICKNESS OR ILLNESS? CAN THAT PREVENT ME FROM OBTAINING AN FID?
You will be disqualified if you have been confined to any hospital or institution for mental illness or if you have been under treatment for or confinement for drug addiction or habitual drunkenness.
20. HOW OLD DO I HAVE TO BE TO OBTAIN AN FID?
Fifteen years of age. However if you are fifteen, sixteen, or seventeen you must submit along with your application a certificate of your parent or guardian granting permission to apply for the card.
21. I HAVE A 209A DOMESTIC RESTRAINING ORDER TAKEN OUT AGAINST ME. CAN I STILL OBTAIN AN FID?
No. Anyone currently subject to an order cannot receive or maintain an FID.
22. CAN ANY OTHER CONDITIONS BE PRESCRIBED BY THE LICENSING AUTHORITY THAT COULD PREVENT ME FROM OBTAINING AN FID?
No. Pursuant to c. 140§129B, the licensing authority may not prescribe another condition for the issuance of a FID card.
23. HOW LONG DOES THE LICENSING AUTHORITY HAVE TO APPROVE OR DENY MY APPLICATION FOR AN FID?
40 days
24. IF I ALREADY HAVE AN FID, WHAT CAN IT BE REVOKED FOR?
The licensing authority or his designee SHALL revoke an FID upon the occurrence of any event that would have disqualified the holder from being issued such card.
NOTE: Any revocation or suspension of a card shall be in writing and shall state the reasons therefore.
REINSTATEMENT: A revoked or suspended card may be reinstated only upon the termination of all disqualifying conditions.
25. CAN I APPEAL EITHER MY DENIAL OR REVOCATION OF THE FID?
Yes. Pursuant to c. 140§129B, any applicant or holder aggrieved by a denial, revocation or suspension of a firearm identification card may appeal within either 90 days after receipt of notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit in which the licensing authority is required to respond to the applicant (40 days).
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