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ON THIS PAGE YOU
WILL FIND GUN SAFETY INFO AS WELL AS A LIST OF
100
FREQUENTLY ASKED QUESTIONS ABOUT FIREARM LICENSING, CHECK
HERE BEFORE CALLING
____________________________________________________
Protect
Your Children By Teaching Them About Gun Safety
 Approximately half the households
in the U.S. have one or more guns. It's likely that your child may be exposed to a gun at play, while visiting a neighbor or even walking on the street.
Children are not always aware of how dangerous guns are. They see people using guns on television, in cartoons and at the movies as though they were toys. Unfortunately, guns are not toys. They can kill.
Review this web page with your child. Discuss each point and answer any questions.
Make sure your child knows the facts about guns and what to do if he or she should ever encounter a gun.
The guns you see on TV aren't real. Actors just pretend to be shot. It's all MAKE BELIEVE.
Guns are not toys. Never touch a real gun. If someone is shot with a real gun, he or she can be killed or badly hurt.
If you or your friends ever see a gun on the ground:
1. STOP! Don't touch the gun or even go near it.
2. Find a grown-up. Show them where the gun is.
3. Remember guns are dangerous. NEVER TOUCH A GUN!
If you see a gun in your house or your friend's house:
1. STOP.
2. LEAVE THE ROOM.
3. FIND AN ADULT.
Some kids think it's cool to carry a gun. It's not. It's just dangerous.
Law Enforcement Officers carry real guns. They are trained to use
them only if it is absolutely necessary.
What to do if you saw one of your friends playing with a gun:
1. Ask your friend to put the gun down.
2. DO NOT TRY TO TAKE THE GUN AWAY.
3. Walk away and find an adult.
4. If no adult is present, dial 9-1-1 or "0" for an operator and ask for help.
SOME SOBERING FACTS ABOUT GUNS:
* There are 200,000,000 privately owned guns in the U.S.
* Every 50 seconds a crime is committed with a gun.
* 1,500 people die each year from gun wounds; 550 of them are children.
Eddie
Eagle Gun Safety Program The
Brockton Police Department currently does not offer a gun
safety course but there are many NRA certified instructors
in the area. You can find more information about the NRA and
their safety course here: The
National Rifle Association
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).
26.
WHERE DO I APPEAL?
You
can file a petition to obtain judicial review in the
district court having jurisdiction in the city or town where
you filed for or was issued the FID.
NOTE:
A justice of such court, after a hearing, may direct
that a card be issued or reinstated to the petitioner if the
justice finds that such petitioner is not prohibited by law
possessing such card.
27.
ARE THERE ANY WEAPONS THAT I CANNOT POSSESS WITH AN FID?
Pursuant
to c. 140§129B, a firearm identification card shall not
entitle a holder thereof to possess:
a.
a large capacity firearm or large capacity feeding
device therefore; or
b.
a non-large capacity firearm or large capacity rifle
or shotgun or large capacity feeding device therefore
28.
IS IT POSSIBLE TO HAVE A FIREARM IN MY HOME WITH JUST AN
FID?
A
person can lawfully have a firearm in their home as long as
the firearm was purchased with a permit to purchase (PTP)
pursuant to c. 140§131A.
The type of weapon must be prescribed in the PTP.
As long as the licensing authority grants the permit
to purchase, he or she may permit the holder to purchase
either a non-large capacity firearm or a large capacity
firearm. However,
whatever type of firearm is subject to the PTP, it can only
be possessed in the residence of place of business and not
carried in violation of c. 269§10, i.e., out in public.
29.
WHAT IS THE NEW RESTRICTED FID UNDER THE NEW LAW?
If
you only want to carry MACE©, then you may obtain an FID
which is restricted to only that purpose.
NOTE:
If a firearm identification card is issued for the
sole purpose of purchasing or possessing chemical mace,
pepper spray, or other similarly propelled liquid, gas or
powder designed to temporarily incapacitate, such card shall
clearly state that such card is valid for such limited
purpose only.
30.
IS AN FID STILL GOOD FOR LIFE?
No. They are now good for only four years.
31.
WILL I BE NOTIFIED UPON EXPIRATION?
Pursuant
to c. 140§129B, “the executive director of the criminal
history systems board shall send by first class mail to the
holder of each such firearm identification card, a notice of
the expiration of such card not less than 90 days prior to
such expiration, and shall enclose therein a form for the
renewal of such card.”
32.
I HAVE JUST BEEN ISSUED AN FID AND I WILL BE MOVING WITHIN
THE NEXT FEW MONTHS – WHO DO I NOTIFY? HOW DO I NOTIFY?
You
MUST notify THREE different persons.
Pursuant to c. 140§129B, “the cardholder shall
notify, in writing, the licensing authority that issued such
card, the chief of police into whose jurisdiction such
cardholder 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.
REVOCATION:
Failure to so notify shall be cause for revocation or
suspension of such card.
33.
WHAT TYPE OF WEAPON AM I ENTITLED TO CARRY IF I HAVE A CLASS
A LICENSE?
Pursuant
to c. 140§131, a Class A license shall entitle a holder
thereof to purchase, rent, lease, borrow, possess and carry:
a.
firearms, including large capacity firearms, and
feeding devices and ammunition therefore, for all lawful
purposes, subject to such restrictions relative to the
possession, use or carrying of firearms as the licensing
authority deems proper; and
b.
rifles and shotguns, including large capacity
weapons, and feeding devices and ammunition therefore, for
all lawful purposes; provided,
however, that the licensing authority may impose such
restrictions relative to the possession, use or carrying of
large capacity rifles and shotguns as it deems proper.
34.
WHAT IF I CARRY A WEAPON THAT IS OUTSIDE OF THE RESTRICTIONS
PLACED UPON ME BY THE LICENSING AUTHORITY?
Pursuant
to c. 140§131, a violation of a restriction imposed by the
licensing authority under the provisions of this paragraph
shall be cause for suspension or revocation and shall,
unless otherwise provided, be punished by a fine of not less
than $1,000 nor more than $10,000.
35.
WHAT IF I CARRY A WEAPON THAT IS OUTSIDE OF THE RESTRICTIONS
PLACED UPON ME BY THE LICENSING AUTHORITY?
CAN I BE ARRESTED AND CHARGED WITH UNLAWFUL CARRYING
OF A FIREARM?
Pursuant
to c. 140§131, the provisions of section 10 of chapter 269
shall not apply to such violation.
That when you carry outside of a restriction, it is
not criminal.
36.
WHAT TYPE OF WEAPON AM I ENTITLED TO CARRY IF I HAVE A CLASS
B LICENSE?
Pursuant
to c. 140§131, a Class B license shall entitle a holder
thereof to purchase, rent, lease, borrow, possess and carry:
a.
non-large capacity firearms and feeding devices and
ammunition therefore, for all lawful purposes, subject to
such restrictions relative to the possession, use of
carrying of such firearms as the licensing authority deems
proper.
NO
CONCEALED OR LOADED WEAPON: A Class B license shall
not entitle
the holder
thereof to carry or possess a loaded firearm in a concealed
manner in any
public way or place.
NO LARGE CAPACITY FIREARMS:
A Class B license shall not entitle the holder
thereof to possess a large capacity firearm, except:
a.
under a Class A club license issued under this
section; or
b.
under the direct supervision of a holder of a valid
Class A license at an incorporated shooting club or licensed
shooting range
Additionally,
pursuant to c. 140§131,. A Class B license shall entitle a
holder thereof to purchase, rent, lease, borrow, possess,
and carry:
a.
Rifles and shotguns, including large capacity rifles
and shotguns, and feeding devices and ammunition thereof,
for all lawful purposes; provided, however, that the
licensing authority may impose such restrictions relative to
the possession, use or carrying of large capacity rifles and
shotguns as he deems proper.
37.
ARE THERE ANY TRANSACTIONS THAT ARE NOT VALID WITH A CLASS B
LTC?
Pursuant
to c. 140§131, a Class B license shall not be valid license
for the purpose of complying with any provision under the
gun law governing the purchase, sale, lease, rental, or
transfer of any weapon or ammunition feeding device:
a.
if such weapon is a large capacity firearm defined in
§121; or
b.
if such ammunition feeding device is a large capacity
feeding device for use with a large capacity firearm defined
in §121
38.
WHO CAN APPLY FOR A LTC ( EITHER A OR B)?
Any
person residing or owning a place of business within the
jurisdiction of the licensing authority.
39.
ARE THERE ANY CONDITIONS THAT I MUST SATISFY BEFORE BEING
GRANTED A LTC (EITHER A OR B)?
Pursuant
to c. 140§131, the licensing authority may issue a LTC
(either A or B) if it appears that the applicant is a
suitable person to be issued such license, and
a.
that the applicant has good reason to fear injury to
his person or property, or
b.
for any other reason, including the carrying of
firearms for use in sport or target practice only
NOTE:
The above is subject to such restrictions expressed
or authorized under this section.
Therefore, if it appears to the licensing authority
that the applicant is unsuitable, he or she will deny your
application. It is this clause in the law that empowers the licensing
authority to deny an applicant, even though the applicant
might not have been convicted of a crime.
40.
WHAT IF I HAVE BEEN CONVICTED OF A CRIME CAN I STILL OBTAIN
A LTC? WHAT IF
I HAVE BEEN CONVICTED OUT OF STATE?
According
to c. 140§131, if the applicant has, in any state or
federal jurisdiction, 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.
a 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; or
e.
any violation of any law regulating the use,
possession or sale of controlled substances as defined in
section 1 of chapter 94C
41.
WHAT DOES IT MEAN TO HAVE BEEN ADJUDICATED A YOUTHFUL
OFFENDER?
Pursuant
to Massachusetts law, the definition of youthful offender is
as follows:
A
person who is subject to an adult or juvenile sentence for
having committed, while between the ages of fourteen and
seventeen, an offense against a law of the commonwealth
which, if he were an adult, would be punishable by
imprisonment in the state prison, and
a.
has previously been committed to the department of
youth services, or
b.
has committed an offense which involves the
infliction or threat of serious bodily harm in violation of
law, or
c.
has committed a violation of paragraph (a) unlawful
carrying, (b) unlawful possession of a machine gun or
unlawful possession of a sawed off shotgun or (c) second or
subsequent offense of c. 269§10(a),(b), or (c) of section
10 or section 10E of chapter 269(trafficking in firearms);
provided that, nothing in this clause shall allow for less
than the imposition of the mandatory commitment periods
provided in §58 of chapter 109.
42.
WHAT DOES IT MEAN TO HAVE BEEN ADJUDICATED AS A DELINQUENT
CHILD?
Pursuant
to Massachusetts law, the definition of delinquent child is
as follows:
A
child between seven and seventeen who violates any city
ordinance or town by law or who commits any offense against
a law of the commonwealth.
43.
WHAT IF I HAVE BEEN TREATED FOR MENTAL ILLNESS – DOES THAT
AUTOMATICALLY DISQUALIFY ME?
The
gun law states that you will be disqualified if you have
been confined to any hospital or institution for mental
illness. However,
if you submit with your application an affidavit of a
registered physician attesting that he or she is familiar
with your mental illness and that in his or her opinion you
are nor disabled by such illness in a manner that should
prevent you from possessing a firearm, that will not
automatically disqualify you.
The licensing authority, however, may disqualify you
under the unsuitability provision.
44.
WHAT IF I HAVE BEEN TREATED OF CONFINED FOR DRUG ADDICTION
OR HABITUAL DRUNKENNESS – DOES THAT AUTOMATICALLY
DISQUALIFY ME?
The
gun law states that you will be disqualified if you have
been under treatment for or confinement for drug addiction
or habitual drunkenness.
However, this disability may be removed if you are
deemed cured by a licensed physician.
Anyone falling into this category must wait five
years after the date of such confinement or treatment and
must also present an affidavit issued by a licensed
physician stating that he or she knows the applicant’s
history or treatment and that such physician’s opinion the
applicant is deemed cured.
45.
HOW OLD MUST I BE TO OBTAIN A LTC?
You
must be at least 21 years of age.
46.
HOW LONG DOES THE LICENSING AUTHORITY HAVE TO PROCESS MY
APPLICATION FOR A LTC?
The
licensing authority shall, within 40 days from the date of
application and issue the license or deny the application
and notify the applicant of the reason for such denial in
writing.
47.
CAN I APPEAL THE DENIAL OR REVOCATION OF MY LTC?
IS THERE A CERTAIN TIME LIMIT?
WHERE DO I APPEAL?
You
can appeal within 90 days after receiving your denial or
revocation. Additionally,
you have a right appeal within 90 days after the expiration
of the time limit during which the licensing authority is
required to respond to you (40 days).
You may file a petition to obtain judicial review in
the district court having jurisdiction in the city or town
wherein the applicant filed for, or was issued, such
license.
48.
WHAT HAPPENS IF I WIN MY APPEAL?
Pursuant
to c. 140§131, “a justice of such court, after a hearing,
may direct that a license be issued or reinstated to the
petitioner if such justice finds that there was no
reasonable ground for denying, suspending, or revoking such
license and that the petitioner is not prohibited by law
from possessing same.”
49.
HOW LONG IS A LTC GOOD FOR?
It
will be good for four years from the date of issue and shall
expire on the anniversary of the licensee’s date of birth
occurring not less than three years but not more than four
years from the date of issue.
50.
I’M OVER 70 – DO I GET A BREAK FROM PAYING THE FEE?
Pursuant
to c. 140§131, “any person over the age of 70 shall be
exempt from the requirement of paying a renewal fee for a
Class A or Class B license to carry.”
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.
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.
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