Massachusetts Firearms Law and Information
- Summary
During its 1998 session, the Massachusetts
Legislature enacted comprehensive legislation that substantially modifies
the laws regulating the licensing and possession of firearms and other
weapons: Chapters 180 and of the Acts of 1998 (both effective October 21,
1998).
Some of the more crucial aspects of this
legislation for police chiefs are the changes in the nature of, and
licensing standards for, licenses to carry firearms and firearms
identification cards. Additional provisions address a ban on assault
weapons and covert weapons, the enhancement of gun safety, the imposition
of restrictions on firearms dealers, the availability of commercial
storage for firearms, an increase in penalties for firearms related
offenses, changes in certain domestic violence procedures, and the
establishment of a Firearms Record Keeping Trust Fund.
LICENSE TO CARRY FIREARMS
There are now two classes of licenses to
carry (LTC) firearms: Class A and Class B.
A Class A LTC authorizes the possession and
carrying of large capacity firearms, rifles, shotguns, and feeding
devices. (A weapon is large capacity if it is a semiautomatic and has or
is able to accept a feeding device of more than ten rounds of ammunition
or more than five shotgun shells or is an assault weapon.) A Class A LTC
is required in order to carry any loaded firearm in a concealed manner in
a public way or place.
A Class B LTC authorizes the possession and
carrying of non-large capacity firearms as well as large and non-large
capacity rifles and shotguns.
No person under the age of twenty-one may
be issued either a Class A or Class B LTC. LTC’s have a four year term and
are renewable as discussed below.
FIREARMS IDENTIFICATION
CARDS (FID CARDS)
An FID Card authorizes the possession and
carrying of non-large capacity rifles and shotguns. An FID Card may, at
the request of the applicant, be limited to the possession of mace and
other incapacitating sprays. Whereas FID Cards had previously been issued
for life, they now have a six year term.
No person under the age of fifteen may be
issued an FID Card. No person who is fifteen but less than eighteen years
of age may obtain an FID Card without parental permission.
DISQUALIFYING FACTORS
The circumstances under which a person
shall be statutorily disqualified from obtaining a Class A or Class B
License to Carry or an FID Card have been expanded. A person is now
disqualified if he:
- has been convicted (or adjudicated
delinquent or as a youthful offender) of a felony, a misdemeanor
punishable by more than two years imprisonment, a violent crime, or a
weapons or drug offense;
- has been confined to a hospital or
institution for mental illness, unless he has an affidavit from a
physician stating he is not disabled by such illness in a manner that
prevents him from possessing a firearm;
- is or has been under treatment for or
confinement for drug addiction or habitual drunkenness, unless deemed
cured by a physician;
- is subject to an outstanding arrest
warrant;
- is subject to a suspension or surrender
order or a protection order issued pursuant to M.G.L. c. 209A.
With respect to FID Cards, but not LTC’s
the disqualifications for criminal convictions do not apply after five
years from the date of conviction or release from incarceration or
supervision, except that there is a lifetime disqualification for violent
crimes or crimes involving the trafficking in drugs.
Upon the occurrence of a disqualifying
event, the license or permit that had been issued shall be revoked or
suspended.
APPLICATION/RENEWAL CHANGES
LTC’s and FID Cards are now valid for a
six year period, and are subject to earlier suspension or revocation.
The fee for all licenses is $100.00,
one-half of which is payable to the newly-established Firearms Record
Keeping Trust Fund; the balance may be retained by the municipality. The
purpose of this state fund is to improve the quality of record keeping
regarding firearms transfers and to improve access by police departments
to state firearms records. Money for training is also within the scope of
the purposes for fund expenditures. There is no renewal fee for persons
over the age of 70 or for the renewal of an FID Card issued solely for the
purchase or possession of mace.
Applicants for Class A or Class B Licenses
to Carry, FID Cards, or Permits to Purchase, who were not licensed on June
1, 1998, are required to submit a certificate of completion of a basic
firearms safety course, or a certificate of completion of a hunting safety
course issued by the Massachusetts Division of Fisheries and Wildlife.
Certificates of course completion are not required for FID Cards issued
for the sole purpose of purchasing or possessing mace or other
incapacitating sprays.
No License to Carry or FID Card may be
issued unless the Colonel of the State Police certifies in writing that
the information available to him does not indicate that the applicant is
disqualified. (The Colonel may ask for a change in the law so that records
checks may continue to be done by local licensing authorities.)
A chief may issue a Class A or Class B LTC
to a non-disqualified person who is "suitable" and who has "good reason to
fear injury to his person or property, or for any other reason, including
the carrying of firearms for use in sport or target practice only."
A chief may impose such restrictions as he
deems "proper" relative to the possession, use or carrying of the weapons
authorized by the respective licenses. A violation of a restriction is
cause for a suspension or revocation and is punishable by fine, but it
does to negate the validity of the license for purposes of M.G.L. c. 269,
§10 (Bartley-Fox).
Photographs and fingerprints are required
for FID Cards as well as Licenses to Carry.
SHOOTING CLUBS
The Colonel of the State Police may issue a
Class A LTC to a shooting club, incorporated in Massachusetts, with at
least one shareholder qualified and suitable to be issued a Class A LTC,
for the purpose of possessing, storing and using large capacity weapons,
ammunition and feeding devices on club premises. A licensed club may not
use targets depicting human figures or silhouettes, except by public
safety personnel in the performance of official duties.
CARRYING RESTRICTIONS
A person must have a Class A LTC in order
to carry or possess a loaded firearm in a concealed manner in a public
place or way.
It is unlawful to carry a loaded firearm
under a Class A LTC in a vehicle unless the firearm is under the
licensee’s direct control.
It is unlawful to carry a firearm under a
Class B LTC in a vehicle unless it is unloaded and contained in the locked
trunk or locked in a secure container.
It is unlawful to possess a large capacity
rifle or shotgun under a Class A or Class B LTC in a vehicle unless it is
unloaded and contained in the locked trunk or locked in a secure
container.
It is unlawful for a licensed person to
carry a loaded rifle or shotgun on a public way unless engaged in hunting
and in possession of a hunting license.
It is unlawful for a licensed person to
carry an unloaded rifle or shotgun on a public way unless engaged in
hunting and in possession of a hunting license, or unless the rifle or
shotgun is enclosed in a case.
It is unlawful to carry a loaded weapon
while under the influence of alcohol or drugs.
CRIMES
The penalties for violating numerous
criminal statutes are increased if the violator was armed at the time of
the offense.
Additionally, penalties for possession
offenses are increased if a large capacity weapon is involved.
There is a new statute, M.G.L. c. 269,
§10F, that makes it a criminal offense to unlawfully sell or transfer
large capacity weapons.
Another new statute, M.G.L. c. 269, §10G,
imposes escalating penalties on "armed career criminals."
BANNED WEAPONS
The 1998 Legislation bans the possession,
sale and transfer of assault weapons and large capacity ammunition feeding
devices that were not lawfully possessed on the effective date of the
federal ban (September 13, 1994). The legislation also bans the possession
and sale of so-called gadget guns and weapons that are not detectable by
x-ray machines or walk-through metal detectors.
Inferior or junk guns (i.e., firearms that
do not pass statutorily specified testing standards) may not be sold or
transferred if they were not lawfully owned or possessed under a license
issued under M.G.L. c. 140 on October 21, 1998.
FIREARMS DEALERS
Dealers are required to verify the current
validity of all licenses and permits presented, and to confiscate any
license or permit that is expired, suspended or revoked. All transactions
must be conducted in person.
Records of weapons sales, rentals and
leases are to be submitted immediately to the Criminal History Systems
Board by way of electronic link. Reports must also specify if the weapon
is a large capacity weapon.
Dealers are required to have a permanent
place of business that is separate from a residence or dwelling.
Dealers are required to post and give to
purchasers written notice that it is unlawful to store a weapon unless it
is equipped with a tamper-resistant safety device or is kept in a securely
locked container. The licensing authority is required to conduct an
inventory and records inspection annually.
Licensed dealers who operate a bonded
warehouse on the premises may, at the request of the police chief, store
weapons that have been confiscated, surrendered, or otherwise turned over
to the police. The owner of a confiscated or surrendered weapon is
responsible for storage charges.
TRANSITION (GRANDFATHER)
PROVISIONS
(a) Licenses to Carry will expire on the
expiration date shown on the License and FID Cards issued prior to October
21, 1998 expire according to the following staggered schedule:
- If the licensee’s birthday is between
July 1 and December 31, it expires on his birthday in 1999.
- If the licensee’s birthday is between
January 1 and June 30, it expires on his birthday in 2000. (The license
of a person born on February 29 expires on March 1.)
(b) An FID Card possessed on October 21,
1998 by a person in lawful possession of a large capacity rifle or shotgun
shall be considered a Class B LTC for possession purposes.
(c) An LTC possessed on October 21, 1998
shall be deemed a Class A LTC.
(d) Any person who lawfully owns a large
capacity or non-large capacity firearm or feeding device on October 21,
1998 that was purchased with a Permit to Purchase (Chapter 140, section
131A) unless such firearm and feeding device are transferred in accordance
with the provisions of chapter 140, shall apply for an FID Card. Unless
disqualified, the Card shall be issued. If not issued, the weapon and
feeding device shall be surrendered in accordance with section 129D. The
requirements for obtaining an FID Card under section 129B shall not apply
if the person possesses a valid proof of exemption under section 129C.
Such person may not possess or carry any firearm outside his residence
unless he obtains a Class A or Class B LTC.
(e) The requirement that dealers submit
sales records at the time of the transaction by electronic communication
link shall not apply until September 1, 1999. (Dealers are currently
required to submit records on a weekly basis.)
(f) The requirement that licensed dealers
maintain a permanent place of business that is not a dwelling or residence
shall not apply until September 1, 1999.
(g) The prohibitions against inferior and
so-called junk guns do not apply to any firearm lawfully owned or
possessed under a license issued under M.G.L. c. 140 on October 21, 1998.
(h) The requirement that a person must be
21 years of age to have a License to Carry does not apply to a person who
is a lawful holder of a License to Carry on October 21, 1998 for the
purpose of possessing rifles, shotguns and firearms lawfully owned by such
person on such effective date. However, no firearm and no large capacity
rifle or shotgun may be sold, leased, transferred or delivered to any
person less than 21 years of age.
(i) All FID Cards lawfully possessed on
October 21, 1998 shall be valid, unless revoked or suspended, until the
expiration date specified in the new law, for the purpose of possessing
large capacity rifles, shotguns or feeding devices therefore, or
possessing any firearm or feeding device lawfully owned on October 21,
1998 that was purchased with a permit to purchase under section 131A.
However, such card shall not be valid for the purpose of purchasing,
leasing or otherwise receiving through transfer large capacity rifles or
shotguns or large capacity feeding devices. Nothing prohibits such person
from possessing, purchasing, leasing, or otherwise receiving through
transfer non-large capacity rifles, shotguns or ammunition feeding devices
therefore. They may also apply for an LTC.
(j) The Secretary of the Executive Office
of Public Safety is required to issue regulations to implement the
provisions of this legislation and to ensure that notice be provided
through the most effective means possible to each cardholder and licensee
of the upcoming expiration dates of their cards and licenses and of the
restrictions provided under the legislation. The Executive Director of the
Criminal History Systems Board is required to develop a plan to provide
licensing authorities with applications and renewal applications for FID
Cards and Class A and Class B LTC’s at no cost and within a reasonable
time. The plan must be submitted to the legislature by March 15, 1999.
Within 30 days of the effective date of this law, the Governor shall
appoint members to the Gun Control Advisory Board.
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