Tag: guns

Key Changes in Massachusetts Firearm Laws for Nonresidents in 2024

On By jaguidaIn Legal UpdatesLeave a comment

Chapter 135 of the Acts of 2024, signed into law on October 2, 2024, has made it unlawful for nonresidents of Massachusetts to participate in target competitions with handguns or semi-automatic rifles/shotguns.

Pistol competitions, such as those sponsored by the USPSA, have been held at clubs throughout Massachusetts for many years. These competitions provide revenue to cash-strapped clubs and attract shooters from throughout New England. Unfortunately, the provision of Massachusetts law that allowed nonresidents to participate in pistol or revolver competitions, G.L. 140, sec. 131G, was repealed by Chapter 135. There appears to be no other exceptions for nonresidents to lawfully participate in pistol competitions without first obtaining a Massachusetts nonresident license to carry (LTC).

Similarly, Chapter 135 modified many of the provisions of G.L. c. 140, sec. 129C that allowed nonresidents to transport rifles and shotguns into Massachusetts. The new statute directs the Massachusetts State Police to develop a list of states that have permits similar to a Massachusetts firearms identification card (FID) as well as a list of states that issue hunting permits with similar requirements as Massachusetts. Nonresidents older than 18 years of age may possess rifles or shotguns in Massachusetts if a) their home state appears on the approved list (which has not been created yet) b) their home state issued them an approved hunting permit (this list also has not been created yet) c) they possess a nonresident Massachusetts hunting license d) while at a range and e) while traveling through Massachusetts if locked in a case and unloaded. In all situations, a nonresident MAY NOT possess a semiautomatic or large capacity rifle or shotgun without a valid Massachusetts LTC.

Black powder hunting also appears to have been affected by Chapter 135. Antique weapons are defined as muzzleloading rifles, shotguns and pistols that cannot be redesigned for conventional rimfire or centerfire ammunition. These weapons do not require a Massachusetts firearms license to possess. However, G.L. c. 140, sec. 129C(p), which allowed possession of black powder rifles, shotguns AND ammunition has been repealed. At least one Massachusetts court decision held that the Legislature must specifically exempt black powder ammunition for unlicensed individuals to carry the ammunition lawfully. (Commonwealth v. Jefferson, 461 Mass. 821 (2012)).

Law enforcement is still coming to terms with the new provisions of Chapter 135 and it will likely take time and court challenges before we know for certain how all of the new nonresident provisions should be interpreted. In the meantime, nonresidents should take caution before traveling into Massachusetts with a firearm.

New Mental Health Updates Causing Issues for LTC Holders

On By jaguidaIn Legal UpdatesLeave a comment

The MA Dept. of Criminal Justice Information Services (DCJIS) recently rolled out an update to the Massachusetts Instant Record Check System (MIRCS) in an effort to provide real-time mental health information to firearms licensing authorities. This new update has caused issues for both firearms license holders and firearms licensing officers.

MIRCS is the computer program that firearms licensing officers use to determine if an applicant is eligible to be issued a firearms license. MIRCS interfaces with several criminal justice databases and the Massachusetts court system. Licensing officers are notified directly by the courts via the MIRCS subsequent activity queue when a license holder is charged with a new criminal offense. The licensing officer can review the incident and decide whether to suspend or revoke the LTC in accordance with the licensing statute.

Current law prohibits the issuance of an LTC to a person who has been committed to a hospital for drug/alcohol abuse or mental health issues or placed under a guardianship for mental incapacity. Records of these events are often very old and many people have obtained an LTC despite having a commitment in their background. The recent DCJIS update connected the mental health records maintained by the courts with the MIRCS subsequent activity queue. LTC holders, many who have held the license for many years, are now receiving LTC suspension notices and are being forced to surrender their firearms.

Fortunately, Massachusetts adopted the provisions of the NICS Improvement Act which allows an individual to petition the committing court to restore firearms rights. The petition can be filed 5 years after the commitment date and petitioners are entitled to an evidentiary hearing.

We have successfully litigated many restoration of rights petitions for clients since the provisions of the NICS Improvement Act were adopted. If your license has been suspended due to the recent DCJIS update – or you are attempting to apply for an LTC but have a commitment history – please contact our office.