Massachusetts Gun Law

1. Massachusetts Gun Law Presenters Ross Schacher Matt Jackson Leigh Musicof

2. What Kind of Gun Laws does Massachusetts have? Massachusetts has laws for: • Possession of guns; • Transportation of guns in a vehicle; • Carrying guns on your person; • Storage of guns; • Purchase of guns; and • The discharge of firearms.

3. Warning! • Massachusetts laws are very confusing. • The law uses terms that are often undefined or not clearly defined. • The punishments for breaking the laws are severe. • Always take a more conservative view of what the law means. You do not want to be the test case! • Conviction of any law relating to guns that carries a potential jail sentence is a permanent disqualifier for a Mass. gun License or Card.

4. Current MA Gun Licensing Structure License To Carry Class A Large Capacity Handguns, Non-Large Capacity Handguns, Large Capacity Rifles & Shotguns, Non-Large Capacity Rifles & Shotguns, Ammunition, Pepper Spray and Mace License To Carry Class B Non-Large Capacity Handguns, Large Capacity Rifles & Shotguns, Non-Large Capacity Rifles & Shotguns, Ammunition, Pepper Spray and Mace May Issue Firearms Identification Card Non-Large Capacity Rifles & Shotguns, Ammunition, Pepper Spray and Mace Firearms Identification Card Shall Issue RESTRICTED Pepper Spray and Mace

5. Our new style cards • Valid for 5-6 years • $100.00 • Application made in your town or business location • Licensing Authority has 40 days to issue or deny application

6. What is a “Large Capacity” gun? In general: For a rifle or handgun; • The magazine has a capacity of more than 10 rounds For a shotgun: • More than 5 rounds Exceptions: • A gun that operates by “manual bolt, pump, lever, or slide action.” • 22 tubular fed magazines

7. What is a “Large Capacity” gun? • Semi-automatic, with fixed large capacity feeding device ; or • Semi-automatic and capable of accepting any detachable large capacity feeding device; or • Has a rotating cylinder capable of holding more than ten for a rifle or handgun, more than 5 for a shotgun; or • Is an “assault weapon.”

8. Switch-hittersA case where an FID was ok to purchase but after adding a large capacity magazine, you now need a class “B” or class “A” LTC Ruger Mini-14

9. Class A vs. Class B Licenses Two Major Differences • The Class A License to Carry is the only one that will allow you to purchase and possess “large capacity” handguns. • The Class A License to Carry is the only one that may allow you to carry concealed and loaded in a public way. Class A License to Carry =More Freedom of Choice for the responsible gun owner

10. License Application Processfor a class “B” or “A” LTC Requirements in the law: • Must be 21 or over • Must be a Massachusetts resident • Must be fingerprinted • Must be a United States citizen • Must not be disqualified by law • Must be photographed • Must provide proof of training for first license • Apply in the city or town in which you “live” or “have a place of business.” • Must pay $100 • Must complete standard application form

11. Disqualifications • No conviction of a crime punishable by more than 2 years sentence • No drug conviction • No weapon conviction • Not confined for any mental illness • No treatment for drug or alcohol abuse • No outstanding arrest warrant • Not subject to a restraining order - 209A

12. Additional Application Materials You may be asked to provide: • Proof of residency with a utility bill • Proof of citizenship • Photographs / payment for them to be taken – unlikely now • A signature on extra documents such as “acknowledgments on the limits on the use of deadly force” • Certificate from a new course for renewals or to take a range test • Proof of membership at a gun club • Written references • A list of guns you own for renewals • A doctor’s note • A letter from your employer • A letter stating why you want the license

13. Reasons For Issuance • What is the reason for issuance? • What happens if I carry other than for the “reason for issuance” listed on my LTC? • What does “all lawful purposes” mean?

14. “All Lawful Purposes” How can I get a License to Carry Class A for All Lawful Purposes? The standard in Chapter 140, section 131(d): “…good reason to fear injury to his person or property…” Think about a state of heightened awareness and what puts you there. What places you at higher risk than the rest of the population?

15. Purchase and Sale You may purchase a handgun one of two ways: 1. From a federally licensed firearms dealer They will look at and may scan your license to confirm that you are a qualified individual with a valid license to possess the firearm you are purchasing. Under the new Massachusetts Instant Record Check System (MIRCS), you will either need to have your fingerprint scanned or provide a pin number assigned to you by the state. The dealer will complete the state FA-10 form and provide you with a copy. The dealer will provide you with a federal 4473 form to complete. When purchasing more than one handgun, the FFL must complete a federalform 3310.4

16. Purchase and Sale Continued • From a properly licensed Massachusetts resident They will likely look atyour license to confirm that you are a qualified individual with a valid license to possess the firearm you are purchasing. The seller and buyer must complete the state FA-10 form and provide a copy to the state. The buyer and the seller will each retain a copy for their records. A properly licensed resident of the Commonwealth may transfer/sell 4 guns per calendar year to another properly licensed resident. Sale/transfer must be reported on an FA-10.

17. BATF 4473 & MA State FA-10

18. I Have a Firearm…Now What? You should keep firearms transportation laws in mind. License to Carry Class A For all handguns: If loaded, then they must be under your direct control. For large capacity rifle & shotguns: They must be unloaded and contained within a locked trunk, or in a locked case or other secure container. For non-large capacity rifle & shotguns: Not cited in the law other than must be unloaded while in or on a vehicle.

19. Transporting Guns • Q: How do I transport a gun in my vehicle? • A:  A person with a Class "A" LTC may transport a handgun loaded or unloaded on his person or under his direct control in the vehicle. If the handgun is not under his direct control, it must be unloaded and in a locked case, locked trunk or other secure container. • A person with a Class "B" LTC must transport handguns unloaded and in a locked case, locked trunk or other secure container. All persons transporting large capacity rifles and shotguns must transport them unloaded and in a locked case, locked trunk or other secure container. Trigger locks do not meet the requirements of securing a weapon during transport in motor vehicle. • For more specific information see M.G.L. c. 140, §131C • Q: Do I need to lock my non-large capacity rifles and shotguns in a case while transporting them in a vehicle? • A:  No. They must be transported unloaded, but are not required to be in a locked case while transporting. • Q: Can I leave my gun in my car if I need to go into the store on my way home from the range or from hunting? • A:  If your handgun or large capacity rifle or shotgun is transported in accordance with the provisions of M.G.L. c. 140, §131C (i.e. unloaded and in a locked case, locked trunk or other secure container) then the gun may be left unattended in the vehicle. Weapons transported in this manner will automatically be considered "stored or kept" in compliance with the safe storage requirements of §131L. • A person leaving a non-large capacity rifle or shotgun in an unattended vehicle is required to lock the rifle or shotgun in a case/container or in the trunk, or install a mechanical locking device on the weapon (i.e. cable or trigger lock).

20. Transporting handguns that are not under your direct control. NO BEST OK

21. Traveling Outside the State Federal laws give you the ability to transport your firearm unloaded, locked in a case and inaccessible when driving to another state. However, You must check local laws for your destination. If you can not lawfully possess the firearm at your destination, federal protections will not apply.

22. Carrying on your Person on a Public Way For all Rifles & Shotguns: Must be unloaded and enclosed in a case unless participating in a drill, parade or re-enactment, etc. It may be loaded if you are engaged in hunting with a valid hunting license. Have a “gun sock” with you. Handguns with a License to Carry Class A: Must be in accordance with any restrictions placed on the license. Handguns with a License to Carry Class B: The gun may not be concealed and loaded.

23. Storing Your Firearm All Firearms Licenses For all firearms: Must be in a locked container, or with a tamper resistant mechanical locking device.

24. Storing and Childproofing Your Firearm Cable Lock Trigger Lock Gun Safe

25. Shooting Your Firearm Where can you shoot your firearm? • Massachusetts has over 200 sportsmen’s clubs with ranges. • Visit www.GOAL.org for a list of many of the state’s clubs. • There are also 4 public ranges in the Commonwealth.

26. Reporting Loss, Theft & Recovery If your firearm is Lost, Stolen or Recovered: 1.You are required to complete the state FA-10 form and submit a copy to the state. 2.You are required to notify the issuing authority where you reside.

27. Reporting a Change of Address You must, within 30 days, send notice of a change of address by certified mail to: • Issuing Authority • Chief of Police in your new city • Executive Director of the Criminal History Systems Board