Q: Is a license required to
possess an air gun (i.e. bb or
pellet guns, so-called air rifles or
air pistols, paint ball guns) or
ammunition therefore (i.e. bb's,
pellets, CO2 cartridges, paint
balls)?
A: An
FID Card is not required to possess
an air gun in Massachusetts. Air
guns are regulated by
M.G.L. c. 269,
§12B
which limits their use by minors who
are not
accompanied by an adult, holding a
sporting or hunting license, or
holding a permit from the chief of
police. Massachusetts law also
prohibits anyone from discharging
air rifles from across streets,
alleys, public ways or railroads or
railway right of ways. It should
also be noted that an FID Card or an
LTC are not required to purchase an
air gun or ammunition. As such, the
state FA10 form should not be used
to record the sale of such air guns.
Q: Can a nonresident obtain a
permit to carry a weapon in
Massachusetts?
A:
M.G.L. c. 140,
§ 131F
allows the Colonel of the State
Police or his designee to issue a
temporary LTC to nonresidents or
persons not falling within the
jurisdiction of a local licensing
authority. Currently, the Firearms
Record Bureau (FRB) has been
designated to issue permits to
nonresidents. The phone number of
the FRB is (617) 660-4780.
Q: Do I need an FID Card or an
LTC Firearms to possess a gun in my
home?
A: Yes. At a minimum you
need an FID Card for non-large
capacity rifles and shotguns. For
handguns you need either an LTC,, or
an FID Card combined with a Permit
to Purchase firearms for the
particular handgun in question.
Q: Should a valid holder of an
LTC renew their FID Card based upon
notification from the Criminal
History Systems Board that the FID
card is about to expire?
A: Not necessarily. An
individual with an LTC is not
required to maintain an FID Card
also, although an individual may
hold both. An LTC permits the holder
to possess any weapon which would be
allowed with an FID Card, as well as
additional weapons depending on the
Class of License.
Q: Where do I apply for a License
to Carry (LTC) or a Firearms
Identification (FID) Card?
A: Generally,
application is made to the local
police department where the
applicant resides or has a place of
business. For more specific
information on FIDs refer to
M.G.L. c. 140,
§129B,
or for LTCs refer to
§131(d).
Address Change
Q: I am changing my address. Who
do I notify?
A: Under
M.G.L. c. 140,
§129B(10),
and
§131(l),
a holder of an FID Card or an LTC
must notify, in writing, the
licensing authority that issued the
Card or License, the chief of police
into whose jurisdiction the Card or
License holder moves, and the
Executive Director of the CHSB. The
notice must be made by certified
mail within 30 days of its
occurrence.
Purchasing and Selling
Q: How many guns a year can a
person sell without being a dealer?
A: Under
M.G.L. c. 140,
§128A,
a properly licensed resident who is
not a dealer may sell up to four
guns in any one calendar year
through a private transfer of
ownership.
Q: Should a special form be used
when selling guns through a private
sale?
A: The state form required
for private sales is an FA10 Form.
The FA10 replaced what was known as
the "Blue Card" previously used for
private sales. This is essentially
the same form used by dealers except
that instructions are included with
each private sale form. This form
can be obtained from any police
department. The seller must fill out
the form and forward it to the
Firearms Record Bureau (FRB) within
seven days of the transaction.
Q: Do weapons purchased by
Massachusetts residents while in
another state have to be reported in
Massachusetts?
A: M.G.L.
c. 140, §128B,
residents who purchase from someone
other than a Massachusetts dealer,
either within or outside the
Commonwealth, must report the
purchase within seven days to the
FRB. The FA10 form, which can be
obtained from any police department,
is the simplest way to make such a
report.
Q: Can a Massachusetts resident
sell a gun without being a licensed
dealer?
A: Yes.
Under
M.G.L. c. 140,
§128A,
a Massachusetts resident may sell a
gun provided that he lawfully
possesses it with an appropriate FID
Card or LTC, or is otherwise exempt,
and that the person buying the gun
is also properly licensed with the
appropriate FID Card or LTC
(depending on the type of gun being
bought).
Safety Locks
Q: Should all weapons sold within
the Commonwealth be equipped with a
safety lock?
A: M.G.L.
c. 140, §131K
states that all sales of firearms
and large capacity weapons in
Massachusetts MUST include a safety
device approved by the colonel of
state police. This requirement
applies to any seller including a
wholesaler. The seller is not
required to install the device so
long as the weapon is accompanied by
it. Failure to comply with this
provision will constitute a breach
of warranty and an unfair trade
practice. This section does not
apply to non-large capacity rifles
and shotguns.
Q: If an individual buys a
handgun or large capacity rifle or
shotgun from a dealer, can he supply
his own trigger lock to avoid paying
for a new one from the dealer?
A: No.
M.G.L. c. 140,
§131K
states that a state approved safety
device must be sold with the weapon.
This places the burden on the dealer
to provide the safety device and
does not allow the dealer an option
of letting the purchaser provide a
trigger lock.
Q: Are state-approved trigger
locks required any time a trigger
lock is used?
A: No.
State-approved trigger locks are
only required under the provisions
of
M.G.L. c. 140,
§131K
which applies to dealers who provide
them with handguns and large
capacity rifles and shotguns that
they sell. State-approved trigger
locks are not required in any other
section of chapter 140. However,
most common trigger locks
Transporting Firearms
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).
Restraining Orders
Q: Can an individual who is the
subject of a restraining order, seek
to have the judge remove the
surrender portion of the restraining
order with regards to weapons
permits so that he/she can possess a
weapon?
A: Previously,
the surrender order could be lifted
by the judge, pursuant to
M.G.L. c.
209A, §3C,
and guns and permits could be
returned even though the restraining
order remained in effect. Under
recent changes in
M.G.L. c. 140,
§§129B
and
131,
the suspension and surrender of a
defendant's FID Card or LTC must
continue as long as the underlying
restraining order is in effect.
