Possession in MA, without LTC Class A

[CJet]

Hey all,

Quick question that I figured someone might know the answer to:

I currently possess the following CCW permits:

CT(res)
NH(non-res)
FL(non-res)
UT(non-res)

I've applied for a MA LTC A but, as with most liberal states, it's taking forever for them to process my app. In the meantime, with my present permits, would it be legal to possess my firearm in my apartment (secondary residence) in MA, or do I need an FID card first? I've been looking at the laws but it seems very ambiguous so I was wondering if anyone knew.

Thanks so much.

CJ

[6shootercarry]

I'd wait until you have permit in hand. If you are not a MA resident (not having ID to prove it) You will be treated as a non resident when it comes to possession of firearms. The state is hostile toward legal gun owners in general. It's not worth losing the right and the hassles with the legal system here.

None of the permits you have listed will be honored he in MA.

Disclaimer: I'm not an attorney nor do I play one on television. None of the advice given here will be admissible in a court of law. Seek the advice of an attorney..

Good luck...

[G50AE]

I have to agree with 6shooter that he probably does not know the law in MA. This is not a flame on 6shooter, the law in MA is realy THAT BAD. OldOwl might be able to answer your question, he lives in that not-so-wonderful state.

[6shootercarry]

I have to agree with 6shooter that he probably does not know the law in MA. This is not a flame on 6shooter, the law in MA is realy THAT BAD. OldOwl might be able to answer your question, he lives in that not-so-wonderful state.

I live in that not so wonderful state as well. It IS REALLY THAT BAD.. That's why my advice was "wait until permit in hand"...

Any firearm in MA long gun or handgun, will need to be registered if you are a resident. You would need to show Valid ID to prove resident status. If that's the case you will need to have a FID for possession of shotguns and rifles and ammo. For non large capacity (10 rounds or less in any magazine or feeding device) and handgun possession you require a Class B License. Class B does not give the bearer the privilege of concealed carry. For any large capacity (capable of more than 10 rounds in any magazine of feeding device) You will require a Class A license. The Class A license can come with any number of restrictions (At this time the official list and definition for each restriction has not been created) that can limit the scope of use. A Class A LTC with no restrictions is required to carry a loaded firearm concealed on your person in or about a public way.

Section 131G Indicates the possession of for the purposes stated. It does not indicate possession for any other use. Having it for protection at a residency or a place rented for residency for personal protection is not stated. It would constitute possession for some other purpose. Remember the police are not charged with interpreting the law they are charged with upholding it. It will become your responsibility to prove your innocence. Ignorance of the law has never been a good defense. Your freedom and rights are at stake here.

Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.



Section 131F. A Class A or Class B temporary license to carry firearms or feeding devices or ammunition therefor, within the commonwealth, may be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority or to an alien that resides outside the commonwealth for purposes of firearms competition and subject to such terms and conditions as said colonel may deem proper; provided, however, that no license shall be issued to a person who:

(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a 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) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C;

(ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;

(iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for said license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;

(iv) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or

(v) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.

Such license shall be valid for a period of one year but the colonel may renew such license, if in his discretion, such renewal is necessary.

The colonel may also issue such license, subject to such terms and conditions as he deems proper, to any resident of the commonwealth for the purposes of sports competition.

A temporary license issued under this section shall be marked “Temporary License to Carry Firearms”, shall clearly indicate whether it is Class A or Class B and shall not be used to purchase firearms in the commonwealth as provided under section 131E. Neither a large capacity firearm nor large capacity feeding device therefor may be carried unless such person has been issued a Class A license; provided, however, that the colonel may permit a Class A or Class B licensee to possess large capacity rifles or shotguns or both, and such entitlement shall be clearly indicated on such license. The fee for an application for the license shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. A license issued under the provisions of this section to a non-resident who is in the employ of a bank, public utility corporation, or a firm engaged in the business of transferring monies, or business of similar nature, or a firm licensed as a private detective under the provisions of chapter one hundred and forty-seven, and whose application is endorsed by his employer, or who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of his commanding officer, may be issued for any term not to exceed two years, and said licenses shall expire in accordance with the provisions of section one hundred and thirty-one.

A license, otherwise in accordance with provisions of this section, may be issued to a nonresident employee, whose application is endorsed by his employer, of a federally licensed Massachusetts manufacturer of machine guns to possess within the commonwealth a machine gun for the purpose of transporting or testing relative to the manufacture of machine guns, and the license shall be marked “temporary license to possess a machine gun” and may be issued for any term not to exceed two years and shall expire in accordance with the provisions of section one hundred and thirty-one.

Source for the sections above...http://www.malegislature.gov/Legislation
Good luck

[Islander]

I think I just threw up a little. Those gun laws suck. Hopefully it won't be long until they are declared unconstitutional or you'all vote folks in who will change those bogus laws.

[G50AE]

I live in that not so wonderful state as well. It IS REALLY THAT BAD.. That's why my advice was "wait until permit in hand"...

My bad, I thought you lived in Texas for some reason. It amazes me that MA can thoroughly skrew up an area of law that the neighboring state of Vermont gets right.

[CJet]

Wow. Thanks 6shootercarry for that extremely detailed response. Given those provisions, I suppose my only option is to wait it out until they process my license application. The whole system is just nuts. Thugs on the street carry firearms and commit heinous and villainous crimes with them, the rest of must undergo extreme scrutiny to legally carry a firearm. The whole thing is just asinine. Once you've set forth provisions to define who may lawfully carry a firearm (which by all accounts is someone who has stayed out of trouble), the state should verify their information, and promptly issue a license. MA is in big trouble, gang violence is on the rise, and the violent crime rate has skyrocketed in the last year or so. Give folks a fighting chance....

[G50AE]

CJet, just I tip, you might not want to use the monicer of Iceman on this forum. There used to be a troll who went by the handle theicemanmnpls posting on this forum.

[6shootercarry]

My bad, I thought you lived in Texas for some reason. It amazes me that MA can thoroughly skrew up an area of law that the neighboring state of Vermont gets right.

No bad at all. It's all good. I used to have location information in the field along with my user name. Perhaps I'll add it again.

If I could find work that pays as well as what I have now in the technology field here in MA, I'd be in NH or VT. That's if I really wanted to remain in the New England area. I'd rather move south of the Mason/Dixon line. GA, TN, or perhaps VA. My brother lives in GA now and he's been very happy there for 15 years.

I hate the political demographics here. The concentration of Constitution ignoring, Bill of Rights trampling, socialism supporting, progressive liberal embracing demonrats is horrifying. They wish away their rights and freedoms without knowing they even have them.

It's the Cradle of Freedom and the birthplace of the American Revolution. The original residents took on the best trained army and shot at the red coats over taxation!! Now they believe no one should even own a firearm... ********* Sheep... Obamazombies...

[6shootercarry]

CJet, just I tip, you might not want to use the monicer of Iceman on this forum. There used to be a troll who went by the handle theicemanmnpls posting on this forum.

It's your choice CJet, but he's got a point. It was an issue for all involved. Their were lots of us that were very active on the site. Great sources of information and good for lots of laughs. Things here got tense and rules changed. Feelings were hurt and that sent many away. Theicemanmnpls was the source of most of it.

Anyway, rather not drag all that up. So with that written, Good luck and let us know when the MA non-res license arrives.