51. I’M A VIETNAM VETERAN AND I’LL BE MARCHING IN A PARADE – WHAT DO I NEED TO POSSESS A RIFLE?
Pursuant to c. 140§131, “no license to carry shall be required for the possession of an unloaded large capacity rifle of shotgun or an unloaded feeding device therefore by a veteran’s organization chartered by the Congress of the United States, chartered by the commonwealth or recognized as a non-profit tax-exempt organization by the Internal Revenue Service, or by the members of any such organization when in an official parade duty or during ceremonial occasions.”
DEFINITIONS: For purposes of the above subparagraph, an “unloaded large capacity rifle or shotgun” and an “unloaded feeding device therefore” shall include any capacity rifle, shotgun or feeding device therefore loaded with a blank cartridge or blank cartridges, so-called, which contain no projectile within such blank or blanks or within the bore or chamber of such large capacity rifle of shotgun.
52. WILL I BE NOTIFIED PRIOR TO THE EXPIRATION OF MY LTC?
Pursuant to c. 140§131, “the executive director of the criminal history systems board shall send by first call mail to the holder of each such license to carry firearms, a notice of the expiration of such license not less than 90 days prior to such expiration and shall enclose therein a form for the renewal of such license.”
53. WHAT IF I MOVE – WHO DO I HAVE TO NOTIFY ABOUT MY ADDRESS CHANGE?
Pursuant to c. 140§131, “any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves and the executive director of the criminal history systems board of any change of address.”
CERTIFIED MAIL: Such notification shall be made by certified mail within 30 days of its occurrence.
CAUSE FOR REVOCATION: Failure to so notify shall be cause for revocation or suspension of said license.
54. I AM A HUNTER FROM MAINE AND WOULD LIKE TO DO SOME HUNTING IN MASSACHUSETTS – WHAT DO I NEED TO POSSESS A RIFLE OR SHOTGUN IN MASSACHUSETTS DURING HUNTING SEASON?
Pursuant to c. 140§129C, the “possession of rifles and shotguns and ammunition therefore by non-resident hunters with valid non-resident hunting licenses during hunting season” are exempt from the FID requirements.
55. CAN A NONRESIDENT POSSESS A RIFLE OR A SHOTGUN IN MASSACHUSETTS?
Pursuant to c. 140§129c, the “possession of rifles and shotguns and ammunition therefore by non-residents traveling in or through the commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case” is also exempted from the FID requirements. Therefore, a nonresident does not need either a LTC or a FID to merely possess a rifle or a shotgun while traveling in or through Massachusetts – as long as they are unloaded and enclosed in a case
56. DO I NEED EITHER A FID OR LTC TO LEARN TO SHOOT A FIREARM OR RIFLE?
No, pursuant to c. 140§129C, the following actions are exempted, “the temporary holding, handling, or firing of a firearm for examination, trial, or instruction in the presence of a holder of a license to carry firearms, or the temporary holding, handling, or firing, of a rifle or shotgun for examination, trial or instruction in the presence of a holder of a firearm identification card, or where such holding, handling, or firing is for a lawful purpose.”
57. A POLICE OFFICER REQUESTS THAT I SHOW HIM MY FID OR LTC – WHAT IS THE LAW CONCERNING THIS POINT?
Pursuant to c. 140§129C, any person who, while not being within the limits of his own property or residence, or such person whose property or residence is under lawful search, and who is not exempt under this section, shall on demand of a police officer or other law enforcement officer, exhibit his license to carry firearm, or his firearm identification card or receipt for fee paid for such card.
FAILURE TO COOPERATE: Upon failure to do so such person may be Required to surrender to such officer said firearm, rifle, shotgun which shall be taken into custody as under the provisions of section 129D, except that such firearm, rifle, or shotgun shall be turned forthwith upon presentation within thirty days of said license to carry firearms, firearm identification card or receipt for fee paid for such card or hunting license as herein before described.
58. I PRESENTLY HAVE ONLY AN FID CARD AND I WANT TO PURCHASE A FIREARM – IS IT POSSIBLE FOR ME TO PURCHASE A FIREARM, EVEN A LARGE CAPACITY FIREARM, IF I ONLY HAVE A FID?
Yes, pursuant to c. 140§131A, the licensing authority or the colonel of the state police may issue me a permit to purchase (PTP). Such permits shall be valid for not more than ten days. It shall entitle the holder to purchase a firearm at a licensed dealer. The dealer will then make arrangements to have the firearm delivered to either your house or place of business. Note that the statute states that “the licensing authority may impose such restrictions relative to the caliber and capacity of the firearm to be purchased, rented, or leased as he deems proper.” Therefore, if the chief of colonel permits it, a large capacity firearm can be purchased with only an FID and a PTP.
59. I WANT TO CARRY MY FIREARM IN MY MOTOR VEHICLE – CAN I DO IT? – WHAT IF IT IS LOADED?
Pursuant to c. 140§131C a loaded large capacity firearm cannot be carried while in a motor vehicle unless it is under the direct control of the person possessing it who must have a Class A LTC.
NOTE: No person carrying a firearm under a Class B license 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.
NOTE: Persons possessing a large capacity rifle or shotgun under a Class A or 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.
60. I HAVE A FID OR A LTC – CAN I CARRY A LOADED RIFLE OR SHOTGUN IN PUBLIC?
No. Pursuant to c. 269§12D, “no person shall carry on his person or on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof.”
DEFINITIONS: For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof. (Such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle, or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, so-called, a shotgun or rifle containing powder in the flash pan or in the bore or chamber or containing a percussion cap, shot or ball.) However, a “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridges, so-called, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle.
IMPORTANT EXCEPTION: This subsection shall not apply to a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131.
61. I HAVE A FID OR A LTC – CAN I CARRY AN UNLOADED RIFLE OR AN UNLOADED SHOTGUN IN PUBLIC?
No. Pursuant to c. 269§12D, “no person shall carry on his person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case.”
IMPORTANT EXCEPTION: This subsection shall not apply to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law.
IMPORTANT EXCEPTION: This subsection shall not apply to a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131.
62. IF I AM BUYING A HANDGUN OR LARGE CAPACITY RIFLE OR SHOTGUN FROM A DEALER, CAN I SUPPLY MY OWN TRIGGER LOCK SO I DO NOT HAVE TO PAY FOR A NEW ONE FROM THE DEALER?
No. Pursuant to c. 140§131K a state approved safety device must be SOLD with the weapon. This places the burden on the dealer to provide the safety device and does not allow the dealer an option of letting the purchaser provide a trigger lock.
63. IF I AM BUYING A NON-LARGE CAPACITY SHOTGUN, CAN THE DEALER FORCE ME TO BUY A TRIGGER LOCK WITH THE SHOTGUN?
Pursuant to c. 140§131K, trigger locks are not required by law to be sold with such shotguns. However, some dealers are requiring trigger locks to be sold with every gun as a store policy intended to reduce potential liability. The buyer has the option of complying with the store’s policy or shopping elsewhere.
64. ARE STATE APPROVED TRIGGER LOCKS REQUIRED ANYTIME I USE A TRIGGER LOCK?
No. State approved trigger locks are only required under the provisions of c. 140§131K and apply to dealers providing them with handguns and large capacity rifles and shotguns that they sell. State approved trigger locks are not required in any other section of chapter 140. However, most common trigger locks that would be used to help the gun owner comply with section 131L are likely to be state approved even though that approval is not required.
65. DOES AN UNAUTHORIZED PERSON ACTUALLY HAVE TO GAIN ACCESS TO MY UNSECURED FIREARM BEFORE I HAVE VIOLATED THE SAFE STORAGE REQUIREMENT?
No. You are in violation of c. 140§131L, simply by storing or keeping any firearm, rifle or shotgun in an unsecured manner so that unauthorized access could be gained. As the statue is currently written, if the police responded to your home for an unrelated emergency and saw an unloaded rifle sitting in the corner of your living room, you would be in violation of the law.
66. DO I HAVE TO BUY A METAL CONTAINER OR SAFE TO COMPLY WITH C. 140§131?
No. You may use a trigger or cable lock, a cloth or hard locking gun case, a locked wooden gun cabinet, a locked closet, or any other locking device or CONTAINER that would prevent an unauthorized person from gaining access to your gun.
67. I WAS FORMERLY IN THE MILITARY AND RECEIVED TRAINING IN FIREARMS. I ALSO PREVIOUSLY HAD A PISTOL PERMIT FROM ANOTHER STATE. AM I EXEMPT FROM TAKING THE REQUIRED SAFETY COURSE?
No. There are no exemptions for former military personnel, or former pistol permit holders from another state. All such persons regardless of their experience must complete the required course for their first FID card or LTC.
68. IS THERE AN APPROVED LIST OF HANDGUNS THAT CAN BE IMPORTED INTO MASSACHUSETTS FROM ANOTHER STATE?
No, there is no approved list. Individual manufacturers either certify that their guns meet the standards outlined in c. 140§123, subsection 18th, or conduct the tests on their guns that are specified in that section before they can be brought into the state. Dealers must find out either from wholesalers or manufactures which guns have met state standards.
69. I WANT TO BUY A HANDGUN FROM NEW HAMPSHIRE DEALER BY HAVING IT TRANSFERRED TO A DEALER IN MASSACHUSETTS. THE GUN IS NO LONGER MADE AND THE MANUFACTURER HAS GONE OUT OF BUSINESS SO THERE IS NO ONE TO CERTIFY OR TEST THE GUN. DOES THIS EXEMPT THE GUN FROM THE REQUIREMENTS OF CERTIFICATION OR TESTING?
No, there are no exemptions. If the handgun was not in Massachusetts prior to October 21, 1998, it must be certified as meeting state standards or must successfully pass the required testing. If the manufacturer no longer exists, and the handgun was never certified or tested verifying it meets state standards, it will not be allowed to be purchased by a dealer for resale to a retail customer in Massachusetts.
70. CAN A MASSACHUSETTS RESIDENT SELL A GUN WITHOUT BEING A LICENSED DEALER?
Yes, under c. 140§128A, provided that he lawfully possesses the gun with an appropriate FID card or LTC or is otherwise exempt, AND that the person buying the gun is also properly licensed with a FID card or LTC (depending on the type of gun begin bought).
71. HOW MANY GUNS A YEAR CAN I SELL WITHOUT BEING A DEALER?
A properly licensed resident who is not a dealer can sell up to four guns a year through a private transfer of ownership.
72. DO I USE A SPECIAL FORM WHEN SELLING GUNS THROUGH A PRIVATE SALE?
The state form required for private sales is an FA10. The FA10 replaced what was known as the “Blue Card” previously used for private sales. This is essentially the same form used by dealers except that instructions are included with each private sale form. This form can be obtained from any police department. The seller must fill out the form and forward it to the state within seven days of the sale.
73. IF WHILE VISITING MAINE, I BUY A SHOTGUN, DO I HAVE TO REPORT THE SALE WHEN I RETURN TO MASSACHUSETTS?
Under c. 140§128B, residents who purchase from someone other than a Massachusetts dealer, either within or outside the commonwealth, must report the purchase within seven days to the executive director of the criminal history systems board. The FA10 form which can be obtained from any police department is the simplest way to make such a report.
74. HOW DO I KNOW IF THE LARGE CAPACITY MAGAZINE I WANT TO BUY WAS LEGALLY POSSESSED PRIOR TO SEPTEMBER 13, 1994, AND IS IN COMPLIANCE WITH c. 140 §131M?
All handguns and rifle magazines capable of holding more than 10 rounds are large capacity magazines. Those manufactured prior to September 13, 1994 are legal to posses, and those manufactured after ( also known as post ban magazines) are not legal to possess except under certain circumstances. All post ban magazines must be marked “Restricted to Law Enforcement, Government or Export Only,” or words to that effect. In addition, post ban magazines normally carry the serial number 91394, which indicates the date the ban went into effect.
75. CAN I SELL OR TRADE LARGE CAPACITY MAGAZINES THAT ARE NOT MARKED AS RESTRICTED?
Yes, pre ban magazines may be sold to persons licensed to posses them.
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