|
A Summary of The New Firearms Law
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 Firearm 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
semi-automatic 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 four
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/she:
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 of a firearm.
is or has been under treatment for or confinement for a drug
addiction or habitual drunkenness, unless deemed cured by a
physician.
is an alien
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 four year period,
and are subject to earlier suspension or revocation.
MAKE CHECKS PAYABLE TO: TOWN OF NORTHBRIDGE
The fee for all licenses is $100.00 total: Breakdown: $50 -
Commonwealth of Massachusetts; $25.00 Licensing Authority
(Northbridge Police Department); $25 Firearms Fingerprint
Identity Verification Trust Fund. 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 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 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 not negate the validity of
the license for purposes of M.G.L. C. 269, ß 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 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, ß 10F, that makes it a
criminal offense to unlawfully sell or transfer large
capacity weapons.
Another new statute, M.G.L. C.269, ß 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 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 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 deeding
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 thereof. 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.
|
