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Posted: 9/7/2004 9:10:38 AM EDT
I've got a soldier who's stationed in TX, and desires to buy a rifle (undetermined type) and handgun (probably revolver).  However, he may leave the Army within the next year or so, and wants to know what's legal/illegal to own in his home state of Massachusetts, what paperwork needs to be done, etc. before he buys something he can't own there.  
Link Posted: 9/7/2004 9:11:38 AM EDT
[#1]
He should just stay in Texas.  We are free here.
Link Posted: 9/7/2004 9:12:30 AM EDT
[#2]
Probably won't matter - in a year there will be even more things banned.
Link Posted: 9/7/2004 9:18:48 AM EDT
[#3]
If it's a new Glock, it's illegal.  A new Kimber, it's illegal.  A new Colt 1911, it's illegal.  A Pardini target pistol, it's illegal.  Notice a pattern?

All handguns must meet the Attorney General's Consumer Safety specs, and they are real bastards about it.  Most mfg's have elected not to bother, such as HK, Colt, Kimber, Ruger, Les Baer, etc.

There is a permanent AW ban, and it does not expire.  The soldier will need to acquire a MA License to Carry if he has a pistol, or just about any semi-automatic rifle.  The whole thing is a giant pain-in-the-ass.

Luckily, I only have 24 more days of residency in this state, them I'm going to NC.

Semper Fi
Link Posted: 9/7/2004 9:22:03 AM EDT
[#4]
He can bring back any gun he wants (the only exception that comes immediately to mind would be an AW
manufactured after 09/13/04... pre-94 and AWs in post-ban configuration are ok to own).

The prohibitions regarding sales and/or ownership of firearms covered under the 98 laws and the MA attorney generals regs only apply to licensed dealers.

The real downer is he'll have to apply for a MA LTC (Class A or B... depends on what he plans on bringing back), and they'll have to be registered with the MA Firearms record Bureau (Form FA10).

www.mass.gov/chsb/frb/frb.html
Link Posted: 9/7/2004 9:45:53 AM EDT
[#5]

Quoted:
He can bring back any gun he wants (the only exception that comes immediately to mind would be an AW
manufactured after 09/13/04... pre-94 and AWs in post-ban configuration are ok to own).

The prohibitions regarding sales and/or ownership of firearms covered under the 98 laws and the MA attorney generals regs only apply to licensed dealers.

The real downer is he'll have to apply for a MA LTC (Class A or B... depends on what he plans on bringing back), and they'll have to be registered with the MA Firearms record Bureau (Form FA10).

www.mass.gov/chsb/frb/frb.html




Not certain but he may be able to bring no-ban rifles in, same with any handgun.  If he has any money to spend prior to moving to MA complete 1911's (maybe even frames) might be a great purchase.  He won't have to register the firearms when he moves there, there is no firearm registration only the registration for transfers of ownership.

I moved back to MA after the navy long enough for the reduced cost of college, then moved when I had the money.
Link Posted: 9/7/2004 10:08:05 AM EDT
[#6]
WWW.fsguns.com   has a few links with info on MA laws.

ktm500
Link Posted: 9/7/2004 10:41:45 AM EDT
[#7]
Live in southern NH, VT or Maine and work in Mass or just don't become a Mass resident.  It sucks the big donkey balls.

Otherwise just fallow the link and go through the approved firearms roster.  Also beware of what city he lives in.  The closer he gets to Boston, the bigger of a bitch it will be to get Class A with All Lawful Purpose to Carry or maybe even a Class A licenses itself.

Hopfuly when the ban goes away Mass will get flooded with pre-bans at a somewhat lower price because they will be worth quit abit less in most other states.

If you can find a city with a nice enough police chief then life can be bearable(for a little).

Go to packing.org and go to the Mass forums for more info.

Also I believe some pistols made before the 10/21/98 ban are legal.
Link Posted: 9/7/2004 10:51:02 AM EDT
[#8]
He can not bring back any gun he wants!!!   If it's a pistol manufactured after the AG's regulations went into effect, it must meet those criteria, and be on the approved roster.  Otherwise it is verbotten!!
Link Posted: 9/7/2004 10:56:19 AM EDT
[#9]
Also illegal:

Kel Tec handguns

IMI Desert Eagle

High Point

North American Arms

and many more

Also in MA the law states that trigger locks have to be on all weapons that are not under the ownwer's "direct control", no firearms left unattended in vehicles regardless of security,no open carry, no hunting with rifles,no shooting at targets that portray a "human image".Keep in mind that it is the sole discretion of the police chief of the town you live in to issue a LTC/CCW.The Chief  of Police can deny a permit and he doesn't have to give a "reason".Also the City of Boston also has a "no assault weapons" ordinance that includes a long list of weapons regardless of pre-ban or post-ban status.Check out the Massachusetts State Police website.There's alot of info regarding MA gun laws.

Glad I live in Nevada now

Semper Fi,
Link Posted: 9/7/2004 1:46:14 PM EDT
[#10]

Quoted:
He can not bring back any gun he wants!!!   If it's a pistol manufactured after the AG's regulations went into effect, it must meet those criteria, and be on the approved roster.  Otherwise it is verbotten!!



Sorry, you're wrong; 940 CMR 16.00 (the AGs regs), only applies to "Handgun-purveyors" (sales by licensed dealers).


940 CMR 16.00: Handgun Sales

"Handgun-purveyor: shall mean any person or entity that transfers handguns to a customer located within the Commonwealth of Massachusetts. However, handgun-purveyor shall not include any of the aforementioned if:

(a) the person or entity transfers less than five handguns per year,

(b) the transfer in question is for the purpose of, and does, directly or indirectly, supply law enforcement officials or United States military personnel with handguns for their official duties,
(c) the transfer in question is for the purpose of, and does, directly or indirectly, supply museums or educational collectors with the handguns in question,
(d) the transfer in question is undertaken to, and does, result in the surrender of handguns to military or law enforcement personnel,
(e) the transfer in question is of handguns that qualify as antique firearms as defined in 18 U.S.C. § 921, or
(f) the transfer in question is of handguns that are solely designed and sold specifically for formal target shooting competition. "


www.ago.state.ma.us/sp.cfm?pageid=1579

There is no stipulation in the regs that prohibits an out of state person relocating here from bringing in firearms not covered by "list".

"Are Private Citizens Forbidden to Own Guns if They are NOT on the Approved Weapons Roster?

No, the list is a list of firearms that can be sold at retail by licensed dealers. Neither standard – the law or the Attorney General – limit directly the type of guns a citizen may own"

www.goal.org/FAQ/handgun.htm

Likewise, the 1998  C 140 laws regulate the types of firearms with regards to a "dealer" .

In order for a dealer to sell a particular handgun it must be on the Firearms Records Bureau "Approved Roster" and meet the requirements of the AGs list. If the handgun is on neither list, it must have been registered in the State before 1998.

There is nothing in the law or AGs regs that prohibits a private individual from bringing in or possessing a "prohibited" firearm. There is also no prohibition against that person selling a 'prohibited" handgun to another individual... as long as both parties have the proper MA firearms license and the firearm is properly registered. Wanted/for sale ads here list unapproved handguns all the time, but because dealers can't sell them they fetch a premium price.

And in an odd twist, that person can sell a 'prohibited" firearm to an FFL, but then that FFL can't resell it to a MA resident (they could sell it out of State through another FFL).
The only exception would be if the handgun was registered prior to 1998.

I know MA gun laws are confusing and complex, but I've learned the system and deal with it the best I can.

If there's any questions about what is legal in MA and what is not, I suggest coantacting the people at GOAL (Gun Owners Action League), for clarification.

Link Posted: 9/7/2004 1:54:09 PM EDT
[#11]
Crossing my finger now waiting for my Class A LTC "All Lawful Purposes" to come back. The process is a pain in the ass but somewhat more easy and streamlined if you get the permit while on active duty orders. I have my command backing my permit up so I fully expect to get the all lawful purposes clause since I am technically federal LEO. But the process here still sucks - I have a Maine resident permit and Mass gun laws are horrible. If I could do it all over again, I would have moved just across the New Hampshire border and made the commute to Boston from there every morning. Seriously. If anyone has any questions on the Non-Resident application for Class A - esp. as it applies to active duty military - feel free to email me at [email protected]'ll try to help
Link Posted: 9/7/2004 1:58:56 PM EDT
[#12]
I know they had to rewrite the AW ban in mass since it was based off the federal AW ban witch will likly go away.  Did they ban 10+ magazines again too or just the firearms?

Actualy, I've heared very little of people not getting their ALP for out of state.  Most problems seem to occur when dealing with the local LEO's.
Link Posted: 9/7/2004 2:01:21 PM EDT
[#13]

Quoted:
Also illegal:

Kel Tec handguns

IMI Desert Eagle

High Point

North American Arms

and many more

Also in MA the law states that trigger locks have to be on all weapons that are not under the ownwer's "direct control", no firearms left unattended in vehicles regardless of security,no open carry, no hunting with rifles,no shooting at targets that portray a "human image".Keep in mind that it is the sole discretion of the police chief of the town you live in to issue a LTC/CCW.The Chief  of Police can deny a permit and he doesn't have to give a "reason".Also the City of Boston also has a "no assault weapons" ordinance that includes a long list of weapons regardless of pre-ban or post-ban status.Check out the Massachusetts State Police website.There's alot of info regarding MA gun laws.

Glad I live in Nevada now

Semper Fi,



The no open carry rule is a grey area of sorts.... there's nothing in MA law that prohibits it, but it would be an unwise idea doing so(a person could be charged with brandishing or createing a public disturbance).

The no "human image" ban only pertains to licensed clubs with a Class A license (they can keep "large capacity rifles" on the premesis). Shooting at "human images" is allowed at Class B clubs (a few clubs/ranges apply for a Class B license for that very reason), or on private property (if you can find a place).
Link Posted: 9/7/2004 2:02:20 PM EDT
[#14]
Its not like this law really gets enforced much - although I am sure there are a few brainwashed LEO's in Mass who think guns are bad. Most cops I know here are conservative - but I only know a couple. If the law says 10 only - I will own 11 just for spite. This state is retarded at best - no, Mass is just stupid - even the Republican governor is antigun.

I originally attempted to get a permit through the Bourne police as a new resident (military). They were unhelpful and gave me the runaround - whereas Sandwhich and Mashpee ( same area) go out of there way to be courteous - especially to military. A lot of it comes down to local politics - I am convinced here. So I think non-resident through the State is the best bet if you are from "away".  

Also - if you are active duty military - you can normally store your privately owned weapons in a unit arms room/armory - but make sure they will let you take your firearms out when you want to - most military units will ask to see your LTC or FID card just to get your own guns - ie do not put 100 percent confidence in military safekeeping - at least for convenience
Link Posted: 9/7/2004 2:04:11 PM EDT
[#15]

Quoted:
Crossing my finger now waiting for my Class A LTC "All Lawful Purposes" to come back. The process is a pain in the ass but somewhat more easy and streamlined if you get the permit while on active duty orders. I have my command backing my permit up so I fully expect to get the all lawful purposes clause since I am technically federal LEO. But the process here still sucks - I have a Maine resident permit and Mass gun laws are horrible. If I could do it all over again, I would have moved just across the New Hampshire border and made the commute to Boston from there every morning. Seriously. If anyone has any questions on the Non-Resident application for Class A - esp. as it applies to active duty military - feel free to email me at [email protected]'ll try to help



More info here... www.packing.org/state/index.jsp/massachusetts
Link Posted: 9/7/2004 2:13:05 PM EDT
[#16]

Quoted:
He can not bring back any gun he wants!!!   If it's a pistol manufactured after the AG's regulations went into effect, it must meet those criteria, and be on the approved roster.  Otherwise it is verbotten!!



Incorrect. A private citizen can move to MA with any number of previously-purchased handguns, even though they may not be on the AG's approved firearms list. The citizen's only problem is to get himself licensed ASAP. Once licensed, he may sell up to four guns per year to private parties. There is no limit for how many guns one may sell to an FFL in MA. Of course, whether those FFLs can sell those "unapproved" guns is another matter.

When in doubt, check www.goal.org
Link Posted: 9/7/2004 2:13:38 PM EDT
[#17]

Quoted:
I know they had to rewrite the AW ban in mass since it was based off the federal AW ban witch will likly go away.  Did they ban 10+ magazines again too or just the firearms?

Actualy, I've heared very little of people not getting their ALP for out of state.  Most problems seem to occur when dealing with the local LEO's.



Re-writing the ban wasn't even necessary. Had they done nothing, even when the Federal ban expires, the MA ban would have still been in effect. It was just that  antsy gun-grabbing pols got nervous and decided to  pass the legislation anways. Preban AW's and post-bans are still legal.

The mag ban still stands, but buying pre-ban mags isn't that much of a problem.  The AG was cracking down on online sales of pre-ban mags, but  that doesn't effect sales by individuals selling from out of state.
Link Posted: 9/7/2004 2:15:11 PM EDT
[#18]

Quoted:

Quoted:
Also illegal:

Kel Tec handguns

IMI Desert Eagle

High Point

North American Arms

and many more

Also in MA the law states that trigger locks have to be on all weapons that are not under the ownwer's "direct control", no firearms left unattended in vehicles regardless of security,no open carry, no hunting with rifles,no shooting at targets that portray a "human image".Keep in mind that it is the sole discretion of the police chief of the town you live in to issue a LTC/CCW.The Chief  of Police can deny a permit and he doesn't have to give a "reason".Also the City of Boston also has a "no assault weapons" ordinance that includes a long list of weapons regardless of pre-ban or post-ban status.Check out the Massachusetts State Police website.There's alot of info regarding MA gun laws.

Glad I live in Nevada now

Semper Fi,



The no open carry rule is a grey area of sorts.... there's nothing in MA law that prohibits it, but it would be an unwise idea doing so(a person could be charged with brandishing or createing a public disturbance).

The no "human image" ban only pertains to licensed clubs with a Class A license (they can keep "large capacity rifles" on the premesis). Shooting at "human images" is allowed at Class B clubs (a few clubs/ranges apply for a Class B license for that very reason), or on private property (if you can find a place).



What clubs in MA have an A or B license? Last I knew, none. I shoot at FBI B-27 targets all the time at our club, while shooting next to cops who are also shooting, and they don't care.
Link Posted: 9/7/2004 2:27:35 PM EDT
[#19]

Quoted:


What clubs in MA have an A or B license? Last I knew, none. I shoot at FBI B-27 targets all the time at our club, while shooting next to cops who are also shooting, and they don't care.



In order to operate, doesn't a club require either a Class A or a Class B license issued by the Col of the State Police?

My range has a Class A,  but as you say, there's plenty of cops at the place and no one cares what type of targets are used.  

GOAL filed a lawsuit challenging the "target" legislation.... here's the Brady's spin on it.

www.gunlawsuits.org/docket/casestatus.php?RecordNo=56

"GOAL, Inc. v. Cellucci, No. 98-CV12125 (U.S. District Court for the District of Massachusetts 2000), on appeal (U.S. Court of Appeals for the First Circuit)
In late 1998, the Massachusetts Legislature passed one of the strongest gun control laws in the nation, addressing problems such as unsafe junk guns and assault weapons. On October 21, 1998, the same day the law took effect, the Gun Owners Action League ("GOAL") filed suit in federal district court to stop certain aspects of the new law from taking effect. Leaving most of the law's gun safety requirements unchallenged, GOAL principally argued that (1) the law's licensing system for "large capacity" weapons was unconstitutionally vague, and (2) the law's ban on using human silhouettes on gun targets violated the First Amendment. The Legal Action Project assisted the Attorney General's office in preparing a response to the motion for a preliminary injunction as well as a motion to dismiss the case.

On October 2, 2000, the court dismissed GOAL's claims. "This is a major victory for common sense and for the overwhelming majority of Massachusetts residents who support our state's toughest-in-the-nation laws," said state Sen. Charyl Jacques. "Now our laws can continue to be a model for other states to adopt, because the states will know the laws will be upheld in court."

The gun owner organization bringing the suit appealed its defeat to the U.S. Court of Appeals for the First Circuit. The Center's Legal Action Project filed an amicus brief in support of the law. The American Academy of Child and Adolescent Psychiatry, American Association of Suicidology, American Medical Student Association, American Public Health Association, Stop Handgun Violence, Inc., Massachusetts Brain Injury Association, and the International Brotherhood of Police Officers joined LAP's brief.

In a victory for common sense gun laws, on March 25, 2002, the U.S. Court of Appeals for the First Circuit affirmed the lower court ruling and upheld the dismissal of GOAL's lawsuit, calling many of its claims "meritless."  

Link Posted: 9/7/2004 2:55:17 PM EDT
[#20]
Just another reason to make sure the AG NEVER makes it to the govenors office. Like Kerry he plays popular opinion+sentiment. They have effectively OUTLAWED what you legally purchased prior to the 98' firearms laws change. If the decision of the cleo in your town simply refuses you because 25yrs ago you were arrested for 'anything', you can appeal it costing thousands, or be a outlaw. Its becoming like NYC.
Link Posted: 9/7/2004 3:59:25 PM EDT
[#21]
Some good info here and LOTS of incorrect info.

www.goal.org is your best resource.

The 1998 Attny General law ONLY applies to Dealers and dealer transfers.

Mass has it's own "assault weapons" ban but prebans are perfectly legal.

A 3 person board has just been established if you are denied for a permit so now you can go over the LEO's head.

Weapons CAN be left locked in the trunk of your car as long as they are unload.  They can also be left in a locked container.  (trigger locks are NOT ok for travel).

You have to keep guns that are not in your direct control with a trigger lock OR locked container.

Class III is perfectly legal.

You have 60 days to get licensed from out of State.

ALL guns are SUPPOSED to be registered via an FA10 form even though most citizens do not know this.  

You can carry concealed with a class A LTC all lawful purposes.

In Western Mass, where I live getting a permit is no big deal, East of Worcestor can be more difficult.

Bottom line is I own 2 ARs, an FAL, an AK, an M1A, a Glock G19, a 1911, Garands, have a C&R FFL, 20, 30 40 round mags, basically whatever I want.

I guess one argument you could make is that living in the State with the 3rd highest per capita income allows you to by more toys!

Link Posted: 9/7/2004 4:41:23 PM EDT
[#22]

Quoted:

I guess one argument you could make is that living in the State with the 3rd highest per capita income allows you to by more toys!




Good points.

Although I currently live about  20 minutes from the NH border, relocating is not an option for at least 8 more years (19 year public servant, residency requirements and all).

Until then, I put up with what I have to.

On the positive side: at least Cheryl Jacques is gone ( replaced by a pro-gun Republican at that ).

Next on the agenda: get rid of Linsky (D, Needham),  the POS AG Tom Reilly, and Speaker of the House Tom Finneran.

Unless Hell freezes over; no matter what happens with the Federal AWB, MA is stuck with our own ban.
Also unlikely is the repeal of "registration".

Legislative agenda: get rid of the AGs "list" and  get rid of "may issue" and go for "shall issue". An overhaul (better yet... elimination), of the FID/Class A/ Class B licensing system needs to be worked on also.

Link Posted: 9/7/2004 8:34:02 PM EDT
[#23]
I think Massachusetts bleeding heart liberal politicians should leave the 2nd Amendment alone and stop coddling criminals (trust me I know how they do) and maybe crime would go down.I'm so glad I'm out of the Gay State.

Semper Fi,
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