Non resident / MA laws

[hogwylde]

I live in Massachusetts which has all sorts laws regarding which guns we can own, size of magazines restrictions, etc while my brother, who lives in Florida, has a multitude of weapons that would be illegal to own up here due to MA law.

My question is: If he were to VISIT me, would it be against the law for him to bring some of his guns here to hit the range with or do the laws have nothing to do with where you reside and if the gun/magazine is on the list....it is deemed illegal PERIOD??

 

[NavyLCDR]

When he is physically present in Massachusetts his is subject to the laws of Massachusetts.

Link Removed

 

[hogwylde]

When he is physically present in Massachusetts his is subject to the laws of Massachusetts.

Link Removed

Thank you. Appreciate the quick response.

 

[mrjim]

Wrong.

The Roster and gun restrictions only apply to what the Dealers can sell you.

The only exceptions that I know of are Magazine capacity (10 rounds for MA), Body armor and probably other items like Silencers etc..

If you move to MA from another State you can register non-MA guns on Form 10 (??).

And you buddy can travel to MA with his guns because of Federal laws traveling between states.

Jim

 

[Bob_M]

hogwylde, Come on down and visit your brother. The weathers great right now. That way you can shoot all his nice guns without having to worry about them crazy Mass laws. Problem solved. LOL :biggrin:

 

[442js]

Wrong.

The Roster and gun restrictions only apply to what the Dealers can sell you.

The only exceptions that I know of are Magazine capacity (10 rounds for MA), Body armor and probably other items like Silencers etc..

If you move to MA from another State you can register non-MA guns on Form 10 (??).

And you buddy can travel to MA with his guns because of Federal laws traveling between states.

Jim

I can only address your last line of Federal laws traveling between states. That law only applies if you are traveling through the state, but if the brother is driving to Massachusetts and will spend even one night there then the Federal law doesn't apply, and MA law applies.

 

[S&W645]

And you buddy can travel to MA with his guns because of Federal laws traveling between states.

Jim

Want to try that going through NYC?

 

[mrjam2jab]

Want to try that going through NYC?

FOPA covers them too....despite what they choose to believe.

 

[hogwylde]

I can only address your last line of Federal laws traveling between states. That law only applies if you are traveling through the state, but if the brother is driving to Massachusetts and will spend even one night there then the Federal law doesn't apply, and MA law applies.

And that was exactly what I was curious about. Thanks.

 

[NavyLCDR]

And you buddy can travel to MA with his guns because of Federal laws traveling between states.

Jim

This is the Federal law the mrjim is eluding to:

18 USC 926A:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Notice the part I put in bold. In this case, the laws of Massachusetts will determine what firearms the traveler may possess and carry because Massachusetts is the destination. If the gun is illegal to possess and carry in Massachusetts due to Massachusetts law, then 18 USC 926A becomes null and void for the entire trip.

For an example of when the Federal law does apply - let's say I have an evil, black AR-15 that is banned in California as an "assault weapon". I travel from Nevada to Oregon - both states where the gun is legal - through California where the gun is not legal. The Federal law (FOPA) protects me traveling THROUGH California, but it would not protect me if my DESTINATION was California.