Felony

RESTORATION OF CIVIL RIGHTS. Conflict Between Massachusetts & Federal Law

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RESTORATION OF CIVIL RIGHTS

Conflict Between Massachusetts & Federal Law

The Bureau of Alcohol, Tobacco and Firearms has reached out to the Massachusetts Firearms Review Board and advised them that they can no longer issue License to Carry or Firearms Identification Cards to Federally Prohibited Persons even if a favorable decision is made by the Firearms License Review Board. 

As of May 11, 2018. The MA Firearms Review Board will NO longer issue FID Cards to federally prohibited persons whose rights to an FID Card have been restored after 5 years under state law. Which means that the persons rights will be revoked. 

(Below is from Massachusetts Firearms Law Guide) 

Excerpt of Case Law Concerning Restoration of Rights
Any restriction on an individual’s right to possess firearms after conviction is a complete prohibition on the possession of all firearms under Federal law. Caron v. United States (1998)

Excerpt of Letter to Massachusetts Legislature Concerning Restoration of Rights

While Massachusetts has partially restored the rights of certain felons to possess long guns and handguns under certain conditions, this restoration does not remove federal prohibitions. As a result, previously convicted felons who have not had their firearms rights completely restored may not lawfully possess firearms under Federal law and may face prosecution under section 922(g)(1) despite their lawful possession under State law pursuant to valid FID Cards.

Roy Chabra,
BATF Division Counsel

C.269 § 12D Carrying Rifle or Shotgun in Public

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C.269 § 12D Carrying Rifle or Shotgun in Public

 (a) Except as exempted or provided by law, no person shall carry on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof. For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof, such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, containing powder in the flash pan, a percussion cap and shot or ball; but the term “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridge, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle.

(Exemption: This section prior to chapter 180 of the Acts of 1998 allowed being on a public way while engaged in hunting. The purpose of the “engaged in hunting” language then as now was to allow a person who was hunting on one side of a public way to cross to the other side without unloading. A person is not engaged in hunting from the moment he leaves the front door of his home to go hunting. Therefore, a person going on a hunting trip cannot walk from a residential area to the woods without having the rifle or shotgun in a case.)

.Loaded Non-Large Capacity Rifle or Shotgun

Classification: Misdemeanor

Penalty: Up to 2 in HOC or $500 to $5000 fine or both fine and imprisonment

Right of Arrest: Yes (statutory)

Loaded Large Capacity Rifle or Shotgun

Classification: Felony

Penalty: 1 to 10 years imprisonment or $1000 to $10,000 fine or both fine and imprisonment

Right of Arrest: Yes (statutory)

 (b) Except as exempted or provided by law, no person shall carry on his person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case. (Can be in an inexpensive soft case)

Unloaded Non-Large Capacity Rifle or Shotgun

Classification: Misdemeanor

Penalty: $100 to $1000 fine

Right of Arrest: Yes (statutory)

Unloaded Large Capacity Rifle or Shotgun

Classification: Felony

Penalty: 1 to 10 years imprisonment or $1000 to $10,000 fine or both fine and imprisonment

Right of Arrest: Yes (statutory)

This subsection shall not apply to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law. Sworn Law Enforcement is exempt.

Stay Prepared, Stay Safe

Massachusetts C. 269 § 12F Airport secure areas; possession or placement of a cutting device or prohibited weapon; punishment

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Massachusetts C. 269 § 12F Airport secure areas; possession or placement of a cutting device or prohibited weapon; punishment

 

(a) For the purposes of this section, the following words shall have the following meanings: —

“Airplane”, an aircraft operated by an air carrier holding a certificate issued under 49 U.S.C. 41101 or any aircraft ordinarily used to transport passengers or cargo for hire.

“Cutting device”, any knife, cutlery, straight razor, box cutter or other device containing a fixed, folding or retractable blade, which is not included in the list of weapons set forth in paragraph (b) of section 10.

“Prohibited weapon”, any infernal machine as defined in section 102A of chapter 266, any stun gun as defined in section 131J of chapter 140, any rifle, shotgun or firearm as defined in section 121 of chapter 140 or any weapon included in the list of weapons set forth in paragraph (b) of section 10.

“Secure area”, any area of an airport to which access is restricted through security measures by the airport authority or a public agency and the area beyond a passenger or property screening checkpoint at an airport.

“Airplane cabin”, any passenger or flight crew area within an airplane while the airplane is on the ground in the commonwealth or over the commonwealth.

(b) Whoever occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane, knowingly having in his possession or in his control and knowingly concealing, a cutting device or a prohibited weapon, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000, or by both such fine and imprisonment.

(c) Whoever, with intent to commit a felony, occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane knowingly having in his possession or in his control a cutting device or a prohibited weapon shall be punished by imprisonment in the house of correction for not more than 2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(d) Whoever, with intent to commit a felony, places, attempts to place or attempts to have placed within a secure area of an airport or the cabin of an airplane, a prohibited weapon or cutting device, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(e) Whoever willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b), (c) or (d) shall be punished by imprisonment in the state prison for not more than 20 years or by a fine of not more than $20,000, or by both such fine and imprisonment.

(f) This section shall not apply to: —

(1) any law enforcement officer of a state or political subdivision of a state, an officer or employee of the United States government or United States military personnel authorized to carry prohibited weapons or cutting devices in an official capacity;

(2) a duly licensed individual transporting an unloaded, lawful weapon or cutting device in baggage not accessible to a passenger in flight and, in the case of a lawful weapon, if the air carrier was informed of the presence of the weapon;

(3) a cutting device, which is otherwise lawfully possessed, ordinarily used in the course of the holder’s employment, trade or occupation, while the holder is authorized to conduct such employment, trade or occupation within a secure area of an airport or airplane cabin.