Chapter 135: Non-Residents

 

Legal opinion from Attorney Neil Tassel for non-resident ADULTS only: 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.

 

Non-Resident Licensing:

Warning:  Frames and receivers, including unfinished, are considered firearms in Massachusetts. Possession of an unserialized unfinished frame or reciever is punishable by up to 2 1/2 years in prison even if licensed.

“Unfinished frame or receiver”, a forging, casting, printing, extrusion, machined body or similar item that: (i) has reached a stage in manufacture when it may readily be completed or assembled to function as a frame or receiver; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed or assembled; provided, however, that “unfinished frame or receiver” shall not include a component designed and intended for use in an antique firearm.

• Possession of an "Assault Style Firearm" or "Large Capacity Feeding Device" without special licensing carries a 10 year prison sentence. 
• Antique Firearms - Creates a separate definition for “Antique Firearm”. Clarifies where a license is required to possess antiques/muzzle loaders. Any that use a modern primer or other ammunition component may be considered a modern firearm and requires a license to possess.
• Repealed the exemption of muzzle loader ammunition components (black powder, etc.) without a license.
• Strikes out “alien that resides outside the commonwealth” and replaces it with: a citizen or national of the United States or a person who maintains legal permanent residency.
• No longer exempt from licensing requirements for possessing handguns and any semi-automatic firearms for any purpose including competition.

Non- Resident Hunting:

• Must register their firearms with the Commonwealth prior to entering the state. (EOPPS guidance letters contradict the law regarding this matter.)
• Bans the possession of semi-automatic firearms (including rifles and shotguns).
• Bans any non-resident hunter under 18 from hunting in Massachusetts.
• Only non-residents, with a temporary license to carry, may purchase ammunition or ammunition component in the Commonwealth.
• Any muzzle loader that uses a modern primer or other component may be considered a modern firearm, thus a license and registration may be required.
• There is some language in line #1306 of the bill about hunting licenses: “The colonel of the state police shall determine those states with substantially similar requirements to those of the commonwealth for a firearm identification card under section 129C and a hunting license under section 11 of chapter 131 and shall annually publish a list of those states.”

Registration/Serialization:

• Must register all guns, including stun guns and Tazers, prior to entering the state for any purpose other than travel. (EOPPS guidance letters contradict the law regarding this matter.)
• Must meet all of the new “serialization” standards.
• All firearms, frames and receivers shall have a serial number. Excludes pre- October 22, 1968.
• Serial numbers must be placed in a manner not susceptible of being readily obliterated, altered or removed.
• Firearms, frames and receivers made from non-metallic materials shall be accomplished by using a metal plate permanently embedded in the material of the frame or receiver. 

 

Storage and Transportation:

• Must meet new storage/transportation standards upon entering in the state, other than for traveling through under certain conditions.

Training Required for Licenses:

• It appears that if they currently hold a "non-resident" temporary license to carry prior to August 1, 2024 they are grandfathered for renewals only.
• The colonel of state police, in consultation with the municipal police training committee, shall create a new training curriculum. Must include at minimum:

o  Injury prevention.

o  Suicide prevention.

o  Disengagement tactics.

o  Live fire.

o  Completion of a written exam.

o  Anything else they deem necessary.

• The colonel shall create a written examination and establish minimum requirements to pass.             
• It appears that the state will send the certificate to successful students.
• Licensing authority must confirm with the state that a certificate has been issued prior to processing a license application.