76. I PREVIOUSLY COULD LAWFULLY OWN A SAWED-OFF SHOTGUN (PROVIDING IT WAS LEGALLY POSSESSED UNDER FEDERAL LAW) WITH A LTC. CAN I STILL POSSES A SAWED-OFF SHOTGUN?
No. The provision of c. 269§10(c) previously allowing the possession of a sawed-off shotgun has been deleted making such possession illegal under all circumstances.
77. CAN I BE CHARGED FOR A CRIME JUST FOR HAVING AN EMPTY LARGE CAPACITY MAGAZINE IN MY POSSESSION WITHOUT A LTC, EVEN IF I HAVE NO GUN IN MY POSSESSION?
Yes, Under c. 269§10(m) a person can not possess a large capacity magazine without a LTC or unless otherwise exempted by statute, even if the magazine is unloaded and the person has no weapon in his possession in which the magazine could be used.
78. A TUBULAR FEED EXTENSION TUBE ON A PUMP SHOTGUN WOULD SEEM TO MAKE THAT SHOTGUN A LARGE CAPACITY WEAPON EXCEPT THAT PUMP SHOTGUNS ARE EXEMPT FROM THE DEFINITION OF LARGE CAPACITY WEAPON. THEREFORE, I ONLY NEED A FID CARD FOR THAT PUMP SHOTGUN REGARDLESS OF HOW MANY SHELLS IT HOLDS IN THE MAGAZINE. IF I REMOVE THE TUBE FROM THE SHOTGUN, DO I NEED A LTC TO CARRY JUST THE TUBE?
No. The tube by itself, detached from the shotgun is not a large capacity magazine. First, the tube when detached does not hold more than five rounds by itself. Second, the shotgun shells cannot be contained within the tube when it is detached. When detached, the extension tube becomes simply a metal tube requiring no FID or LTC.
79. IS A FID CARD REQUIRED TO PURCHASE AN AIR RIFLE, AND IS A LTC REQUIRED TO PURCHASE AN AIR PISTOL?
The answer to both questions is No. No license is required to purchase either an air rifle or air pistol. All that is required for purchase under the provisions of c. 269§12A is that the buyer be at least 18 years old.
80. CAN A PERSON UNDER 18 POSSES AN AIR GUN IN A PUBLIC PLACE?
Yes, providing he is accompanied by an adult, or is the holder of a hunting license and has on his person a permit from the chief of police allowing for such possession. See c. 269§12B.
81. CAN AN ADULT SHOOT A BB GUN WHEREVER HE WANTS?
No. No person may shoot a BB shot or pellet from an air gun into, from or across any street, alley, public way or railroad or railroad right of way including an adult.
82. IF A MINOR UNDER 18 IS ON PRIVATE PROPERTY, AND IS NOT SHOOTING AT OR ACROSS A PUBLIC WAY, ARE THERE ANY RESTRICTIONS HE SHOULD BE CONCERNED WITH?
Yes. A minor cannot discharge a BB shot or pellet from an air gun ANYWHERE unless he is accompanied by an adult or is the holder of a hunting or sporting license.
83. CAN THE PROVISIONS OF c. 269§12A AND 12B BE APPLIED TO PAINT BALL GUNS?
Yes. The case law regarding section 12A and 12B refer to these two sections as regulating all types of air guns. This would include most if not all currently available paint ball guns.
84. I KNOW THAT YOU CAN NOT HUNT ON SUNDAYS IN MASSACHUSETTS. CAN I WALK IN THE WOODS ON SUNDAY AND CARRY A GUN?
On Sundays, you are prohibited from carrying a rifle or shotgun anyplace where birds or mammals may be found other than on land owned or leased by you, or at a target shooting range. This prohibition includes handguns also, except for an exemption that says “unless otherwise permitted by law.” If your LTC is issued only for target and hunting, you would be prohibited from carrying in the woods on a Sunday. If the LTC is issued for any lawful purpose (which would automatically include personal protection), you would be permitted to carry your handgun where birds or mammals are found on a Sunday. See c. 131§57.
85. WHAT ARE THE REGULATIONS WITH REGARDS TO HUNTING NEAR A ROAD?
You cannot fire a gun within 150 feet of a hard surfaced road or state highway, and you cannot shoot across such a road regardless of how far away you are when you fire the shot. See c. 131§58.
86. HOW FAR AWAY FROM A HOUSE SHOULD I BE WHEN HUNTING?
If you have a loaded gun or you are hunting, you must stay at least 500 feet away from any dwelling unless you have permission of the owner or occupant. See c. 131§58.
87. WHILE TARGET SHOOTING OR HUNTING, IF I ACCIDENTALLY INJURE SOMEONE WITH MY FIREARM, WILL I AUTOMATICALLY BE CHARGED WITH USING A WEAPON CARELESSLY OR NEGLIGENTLY?
While few things in the criminal justice system are automatic in every case, in most instances, any injury caused by your bullet or shot will likely result in a charge of careless and negligent use of a weapon. A conviction could result in a loss of your hunting or sporting license for up to five years; imprisonment in a house of correction for up to six months, and under the recently changed firearms laws, permanent loss of a license to carry firearms. See c. 131§60.
88. ARE THERE ANY RESTRICTIONS ABOUT DRINKING ALCOHOLIC BEVERAGES WHILE HUNTING OR SHOOTING?
Chapter 131§62 prohibits anyone from hunting, carrying a firearm or target shooting while under the influence of alcohol or drugs.
89. IF I AM HUNTING, AND COME BACK TO MY TRUCK TO EAT LUNCH AND TAKE A BREAK, DO I HAVE TO UNLOAD MY SHOTGUN?
You would have to unload your shotgun if you were going to bring the shotgun inside your truck, or rest it upon any portion of your truck. Chapter 131§63 prohibits possession of a loaded shotgun or rifle in or on a motor vehicle. It does not matter that the vehicle is parked.
90. I AM A LICENSED COLLECTOR OF MACHINE GUNS. I HAVE A LEGALLY OWNED SELECT FIRE MACHINE GUN THAT CAN FIRE IN EITHER SEMI AUTOMATIC OR FULL AUTOMATIC. CAN I HUNT WITH THIS GUN IF I LEAVE THE SELECTOR SWITCH ON SEMI AUTOMATIC?
No. The weapon is still classified as a machine gun or sub machine gun and its use for hunting is prohibited. See c. 131§64.
91. CAN I CARRY MY LOADED SHOTGUN ON AN ATV AND USE THE ATV FOR HUNTING?
No. You cannot use any type of motor vehicle to hunt in Massachusetts. You can however, unless otherwise prohibited by law, us the ATV to travel to and from a hunting locations, and to transport a legally harvested animal. The shotgun should be unloaded while riding upon the ATV. See c. 131§65.
92. IF I AM WALKING IN THE WOODS IN THE SPRING WITHOUT A GUN OF ANY KIND, BUT I FORGOT TO TAKE SOME OLD 00 BUCK SHOTGUN SHELLS OUT OF MY JACKET FROM THE PREVIOUS DEER SEASON, AM I VIOLATING THE LAW?
Yes. You may not, except during the prescribed open deer season, have in your possession a shotgun shell loaded with rifled slugs, single ball, buckshot or BB shot anywhere birds or mammals may be found except on a skeet, trap or target range between sunrise and sunset. See c. 131§66.
93. I HAVE A LTC ISSUED FOR ALL LAWFUL PURPOSES. CAN I CARRY MY HANDGUN WITH ME FOR PERSONAL PROTECTION WHEN I AM DEER HUNTING IN MASSACHUSETTS?
No. Chapter 131§70 prohibits possession of any handgun in any field or wood during the open deer season when deer are hunted with a shotgun. There is no provision for an exemption such as the phrase “unless otherwise permitted by law” as there is in §57 of chapter 131.
94. THE FISH AND GAME LAWS UNDER CHAPTER 131 ARE COMPLICATED, BUT I HEARD THAT PEOPLE ARE USUALLY ISSUED SOME KIND OR TICKET OR CIVIL FINE FOR A VIOLATION. CAN YOU BE ARRESTED FOR VIOLATING SOME OF THE SECTIONS OF CHAPTER 131?
Yes. In fact §87 of chapter 131 allows for the arrest of a violation of ANY section of chapter 131 by any environmental police officer, state police, or any other officer qualified to serve criminal process. This means that virtually any police officer can arrest a person for a violation of any section of chapter 131 without a warrant.
95. CAN ENFORCEMENT OFFICERS TRESPASS TO ENFORCE FISH AND GAME LAW?
Yes. Chapter 131§87 allows officers authorized to make arrests under chapter 131, who are acting in the performance of their duties, to enter upon and pass over private lands, whether or not the land is covered by water. Such passage by enforcement officers would be for the purposes of enforcing 131 only.
96. THE 209A RESTRAINING ORDER THAT MY EX-WIFE HAS AGAINST ME HAS BEEN DROPPED. ARE THE POLICE REQUIRED TO RETURN MY LICENSE TO CARRY FIREARMS TO ME IMMEDIATELY?
No. Because a license to carry firearms is issued to a suitable person, and licensing authority must make a determination of suitability, vacating a restraining order does not automatically mean a return of the LTC. The licensing authority will normally review the initial affidavit that was filed to obtain the restraining order, combined with any related police reports. Based on a review of those documents, a department may or may not return the LTC. Even if the department does not immediately return the LTC, it may be returned after a period of time when no further domestic violence has been reported.
97. I WAS JUST SERVED WITH A RESTRAINING ORDER. I DON’T WANT THE POLICE TO HAVE MY GUNS. CAN I TURN THEM OVER TO MY BROTHER?
No. The police are required to confiscate the guns along with any FID card or LTC. After that time, they can be turned over only to a licensed firearms dealer. They can not be turned over to anyone other than a licensed dealer as long as the restraining order is in effect.
98. THE POLICE CONFISCATED MY GUNS BECAUSE OF A RESTRAINING ORDER. NOW THEY WANT TO TRANSFER THEM TO A DEALER. I DON’T WANT THEM TRANSFERRED BECAUSE IT IS GOING TO COST ME MONEY, AND IT DOESN’T COST ME ANYTHING TO LEAVE THEM AT THE POLICE STATION. DO I HAVE A SAY IN WHETHER OR NOT THEY CAN BE TRANSFERRED TO A DEALER?
No. The police may transfer the guns to a licensed firearms dealer without your consent for storage in a bonded warehouse in compliance with chapter 140, section 129d. All expenses are the responsibility of the gun owner even if he did not want the gun transferred to the dealer. If the owner refuses to pay, the guns may be sold to cover expenses of the dealer after a period of one year.
99. I AM A DEFENDANT IN A RESTRAINING ORDER CASE. THE POLICE CONFISCATED MY FIREARMS AND TURNED THEM OVER TO A LICENSED DEALER OPERATING A BONDED WAREHOUSE. I NOW WANT TO SELL THEM TO A FRIEND. CAN I SELL THEM WHILE I AM THE SUBJECT OF THE RESTRAINING ORDER?
Yes. The firearms can be sold through the dealer to a person lawfully entitled to take possession of such firearms.
100. I AM THE SUBJECT OF A RESTRAINING ORDER AND HEARD THAT YOU COULD HAVE THE JUDGE REMOVE THE SURRENDER PORTION OF THE RESTRAINING ORDER WITH REGARDS TO FIREARMS AND FID CARDS. I WANT TO GO HUNTING. IS THIS A POSSIBILITY?
No. Previously, the surrender order could be lifted by the judge and the guns could be returned even though the restraining order remained in effect. Under recent changes in Chapter 209A, section 3C, the suspension and surrender of the defendant’s FID card or LTC must continue as long as the restraining order is in effect.
THE QUESTIONS AND ANSWERS WERE PROVIDED COMPLIMENTS OF COMMONWEALTH POLICE SERVICES
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