Tag: traveling

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Massachusetts law that allowed nonresidents to participate in pistol or revolver competitions, G.L. 140, sec. 131G, was repealed by Chapter 135.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 However, G.L. c. 140, sec. 129C(p), which allowed possession of black powder rifles, shotguns AND ammunition has been repealed.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.

Traveling with a Firearm

On By jaguidaIn Legal Updates1 Comment

Most people are aware that federal law allows individuals to travel across state lines so long as:

  1. the firearm is unloaded;
  2. the firearm and ammunition are inaccessible from the passenger compartment of the vehicle (ie. locked in a trunk or locked in a case if the vehicle has no trunk);
  3. the individual can lawfully possess the firearm in the place he/she is leaving as well as the place he/she is going. (See 18 U.S.C. 926A)

But what happens if you need to stop? Perhaps you need gas or want to use a rest stop. What if you are flying and your flight is diverted? This is when otherwise well-meaning travelers run into trouble, particularly in states like Massachusetts where a license to possess a firearm is required.

U.S. LawShield, a self-defense insurance company for firearms owners, recently provided an update on this issue to its members. (Full disclosure – I serve as the U.S. LawShield Massachusetts Program Attorney). The link below details a scenario that is based on an actual case out of New Jersey and provides good information on what to do if your flight is diverted with your firearm in your checked baggage.

The underlying point is that you become subject to the laws of the state in which you are in once your firearm becomes “accessible”. That means if you are traveling through Massachusetts (or New York or New Jersey or another state that requires a license) and you stop for any reason, you could be subject to arrest for possession of a firearm.

“Flight Diverted, Security Alerted” – U.S. LawShield: https://www.uslawshield.com/flight-diverted-security-alerted/?utm_medium=email&utm_source=newaletter_nl&utm_campaign=december_18_2019