Massachusetts Class A License - Can I carry?

[Blain]

Well as some of you may or may not know, I have recently acquired a class A LTC license in MA. Now there is some discrepency in the law as to how this license actually works. As this is NOT A CCW license, under the law, if there is a restriction placed upon it by the police chief.


Now, here is what the law itself says.

Chapter 140: Section 131 Licenses to carry firearms; Class A and B; conditions and restrictions

[ Text applicable as provided by 1998, 180, Sec. 80.]

Section 131. All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions:

(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper. A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.

Now, the ten million dollar question is, what exactly does this new law mean? How does one restrict a license and how does one tell if it is restricted?

"however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper".


Notice also that it mentions restrictions in regaurds to rifles and shotguns, but NOT to handguns.......

Now, how does one tell if their license is restricted? I myself have heard of people who's Class A's have had a big red "Restricted" stamped on their license. Now, this obviously means it is restricted.

I have also seen others with "sporting and target only" under the "reason for issuing" which also seems restrictive.

However, a reason is just a reason and not a restriction, nor a description of what one can do with it. Just an explanation of why they wanted the license.

Thus, my license says "sport and target" under the "reason for issuing license" field. It does not say restricted, nor does it say it is only for sport and target... Now, I would assume that my license is unrestricted under the deffinition of the law giving me the right to carry. What do you think?

 

[Smiley]

mine says for all lawful purposes. So I am pretty set. I think it comes down to two things.

One being where you are. If you are caught somehow with a firearm while CCw'ing and the cop wants to bust your stones then he can but I think you would win the legal battle.

Two being that as long as you do everything legal and don't dishcarge your firearm at the wrong time and place and the only time it comes to a police matter is a clean self-defense shoot, then you should be perfectly fine.

During stuff like traffic stops or friendly encounters I can't see why if you have your liscence and you aren't dong anything illegal then the half a legally controted sentence stating sport and target use will get you in real trouble.

 

[concerned citizen]

I would assume the same.
Keep a shooting bag and targets in your trunk..

In all seriousness, the restrictions are silly. alot of chiefs do issue your first ltc with the target and hunting restriction.

You may want to go to packing.org and under the mass. section post this same message or better yet, there are links to progun rights lawers e-mail them you question.

 

[Rebar]

Thus, my license says "sport and target" under the "reason for issuing license" field.

I think you're not allowed to carry concealed, and would be in serious trouble if caught. Check with these fine people to be sure:
http://www.goal.org/

 

[Blain]

I think you're not allowed to carry concealed, and would be in serious trouble if caught.

What makes you think that, my friend? It doesn't say it is restricted on it, nor does it say it is for sport and target only.... It also doesn't say hunting on it, does this mean I can not hunt now? It also does not say "for collection, cleaning, storage, etc" does this mean that I can do none of the things which are not listed in the description? Obviously, everything can not be listed in the description.

 

[brownie0486]

Blane,
Be smart and check with Goal, they are in your area of domicile, easy to connect with them.

Why guess with questions and answers here. You were prompted to ask GOAL, thats your best bet and the best advice one can give you.

Where you are obviously connected to the internet, look up the Mass. regs on their website. Call Goal, the two should be able to give you some concrete and definative answers.

Your license was issued for sport and target, from the wording in the statute you posted the class a permit allows high cap possession/purchase.

From the statute==
"subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper;"

That would suggest it's subject to restrictions which yours was issued to you with. You may want to carry concealed and feel you can but that may just land you in court, a record, and loss of further privledges in the future. If the reason for issuance is for sport and target, that would suggest the chief felt that is all he wanted you to be able to do with the high cap class a [ for now ]. The renewal in 5 years may be upgraded by the chief [ if you keep your nose clean ]. If the chief didn't mind you carrying it he would have listed the reason for issuance as "all lawful purposes", instead he is saying he issued it for sport and target [ usually to be construed as use on a range, or shooting matches, and not carrying concealed on the streets ] as much as you want to think differently. GOAL will know for sure, they deal with these issues everyday. Are you a member of GOAL?

In the end, it's not what you think or want to hear but the chief and courts reasoning when the time comes.

Brownie

 

[Blain]

Well, I have e-mailed GOAL and am waiting for a response back. If the law was that only permits with "all lawful purposes" can be allowed to carry, than I would think it would say so in there. Hoewever, it does not.

If the law said, (and what would have kept it from saying?)

"Is only applicable for concealed carry if the police chief decides to accept the permit with reason for issuence as "All lawful purposes".


Now that would be clear, and if the law said that, then what you suggest would be valid. However, it justs says that restrictions which are up to the chief to impose the way he wants. a reason is not a restriction, having "restricted" on the permit would be, or "for ... only" would be. You know what I'm saying?

 

[brownie0486]

All lawful purposes [ reason for issuance ]on a class A means anywhere, anytime you may defend yourself with a high capacity handgun if you so choose as that is encompassed in "all lawfull purposes".

Sport and target on a class A [ reason for issuance ]would probably mean high capacity use at a sporting event like IPSC, or for target shooting .

It doesn't need to be clear to be valid as written in the statute, as you suggest. Actually the gun laws are vague as are almost all 269-10 statutes in Mass.

You should hear from them this week. Let us know what they say.

Brownie

 

[brownie0486]

From the GOAL website, your question and answer sir.

Question: Are there any restrictions on these licenses?

Answer: All Class A and Class B licenses will be issued for "all lawful purposes," however, a licensing authority is allowed to impose restrictions on the possession, use and carrying as he deems proper. The law does not limit those restrictions, and the penalty for not complying with the restrictions is a fine of $1,000 to $10,000.

Be aware that you may not bring any gun, loaded or unloaded, onto school grounds in Massachusetts without prior written permission from the board or
officer in charge.

As it is wriiten, if your does not say "all lawful purposes" their is a restriction for use and carrying. It appears you will not be carrying concealed on the streets of Mass. until such time the chief renews and upgrades your license to "all lawfull purposes.

Brownie

 

[Standing Wolf]

The way I read the Second Amendment, you shouldn't need a license in the oft-cited "first place."

 

[brownie0486]

"Shouldn't" has nothing to do with actual laws enacted making it so.

Brownie