Posted: 11/15/2014 1:38:24 AM EDT
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Hey all, I've been looking into the Massachusetts firearm laws to read up on some more and cam across something that made me curious. I tried to find an answer to no avail. I currently go to school in Massachusetts and am a non resident but I have an apartment. The part of Massachusetts law that is tripping me up is:
Possession -If he or she has a license or permit to possess any firearm in his or her home state, if its licensing requirements are as stringent as those of Massachusetts, as indicated by a published list of such states promulgated by the colonel of state police. I found this on the NRA ILA website Hypothetically speaking (not that I would do this) can someone from NH with a Pistol Revolver license can possess a shotgun in Massachusetts without an FID? Or is this law more or less someone staying in the state for under 24 hours to hunt or target shoot? Can anyone offer any insight on this? I know there are many Massachusetts gun law experts on the forum. Also I seem to find conflicting views on shotguns on whether or not a 8+1 shotgun would be considered a high capacity magazine fed weapon. In example the Mossberg 590. If the top is true are 590's legal with a 8+1? |
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Quoted:
-If he or she has a license or permit to possess any firearm in his or her home state, if its licensing requirements are as stringent as those of Massachusetts, as indicated by a published list of such states promulgated by the colonel of state police. I'd love to know whether such a list has ever been made. Never heard of it, though I haven't lived in MA since 2000. |
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There is no list, never has been and never will be!
MGL C. 140 S. 129C (p) (p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside. Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. |
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Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) (p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside. Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Would that make the 590 a large capacity weapon even if it is a pump action tube fed? Could I possess the shotgun in MA if I can legally possess them in NH? |
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Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) (p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside. Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. To elaborate on that.... The reasoning is that the exemption is to the 129 requirement to possess an FID card to possess a long gun. The exemption text is broadly written like other parts of 129, in a way that seemingly encompasses all long guns, because at one time (prior to 1998) the FID law did encompass all long guns. At that point in time another law passed, codified in a different section, requiring an LTC to possess a large capacity firearm. There is NO non-resident exemption to the statute requiring an LTC to possess a large capacity firearm or large capacity ammunition feeding device. |
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Quoted:
Would that make the 590 a large capacity weapon even if it is a pump action tube fed? Could I possess the shotgun in MA if I can legally possess them in NH? Quoted:
Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) (p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside. Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Would that make the 590 a large capacity weapon even if it is a pump action tube fed? Could I possess the shotgun in MA if I can legally possess them in NH? One of the qualifying features necessary for a firearm to be large capacity is that it is a semi-automatic (or has a large capacity revolving cylinder). (c. 140 MGL 122) “Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.) However, there are some people that believe that the tube magazine could technically be interpreted as a large capacity ammunition feeding device (which could create a number of issues) though that is not congruent with what people here have referenced from Glidden. Read the definition for yourself: “Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber ammunition. |
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Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Quoted:
There is no list, never has been and never will be! MGL C. 140 S. 129C (p) (p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside. Although not well written, the conventional wisdom (based on some case law) is that large-capacity guns of any type are NOT exempt here. Learned something new. I CAN possess rifles, shotguns, and ammo in MA outside of hunting season, provided said guns are unloaded and cased for transport. That's good news. |