Download Letter

While GOAL agrees that his black letter interpretation is likely correct, we still feel it is necessary to advise anyone thinking about coming into the Commonwealth with firearms to act with an abundance of caution and to at least consider getting a temporary LTC before doing so. Where we find the most potential for legal danger is when traveling between the state line and the shooting facility. Any interaction with law enforcement during that travel could be problematic for unlicensed nonresidents.

This overabundance of caution comes mainly out of our mistrust of the District Attorneys, police departments and the Attorney General not to prosecute anyone found in possession of firearms without a license - regardless of the circumstances.

The new version of MGL ch. 140 § 129C allows for nonresidents who are at least 18 years old to enter and travel within the Commonwealth in possession of non-large capacity and non-semi-automatic rifles, shotguns, and ammunition for the purposes of hunting (with certain parameters) and to participate in shooting sports on a shooting range. Provided those firearms are unloaded and in a locked container while traveling.

In the instant circumstance, GOAL has serious concerns about the exemptions in § 129C being used properly by the state. Nonresidents found in possession of firearms have been treated so harshly in MA since the passage of Ch 135, that GOAL’s worry is that even if one can prove they’re transporting the proper firearms in the proper manner, it will not insulate them from prosecution. While these exemptions should prevent such a situation, the current legal climate created by Ch 135 could still result in many hours and funds being spent on defending oneself in court.

The lack of guidance from state government on how these rules will be enforced, coupled with the erratic and unpredictable nature of some prosecutors has resulted in what amounts to a new legal landscape. In our discussions with Massachusetts Second Amendment lawyers and other 2A advocates in the Commonwealth we have heard too many stories of gun-owners being charged with crimes even though they can show evidence in the moment that would have previously resulted in a handshake and a “sorry to have bothered you.” This is especially true for simple possession charges where folks can show their ownership records but are still being forced to go to court - essentially turning what should have been prima facie evidence into an affirmative defense.

This means Chapter 135 is being tested in the courts in real time on the backs of responsible gun-owners who are essentially being persecuted for simply wanting to exercise their fundamental civil rights. Self-defense is under attack by all branches of government in Massachusetts and GOAL wants to make sure gun owners are as informed as possible.