Looking for clarification on the scope of the MA compliant handgun roster. First and foremost: I understand that possession of magazines with a capacity of greater than 10 rounds is not legal in MA.
Regarding the roster - it is my understanding that the applicability of limitations applies to sellers. Meaning that if I were to purchase a gun as a non-LEO in MA through a commercial sale (non-private) my purchase options would be limited to approved roster handguns. I have gone back and read the regulations numerous times but would like to definitively verify because I am frequently hearing different interpretations of these regs.
I have heard both statements below:
A) Roster is Limited to purchase / commercial seller - a MA licensed individual can carry non-roster handguns they own but only with fixed capacity magazines that do not exceed 10 rounds.
B) Applies to carry - if the handgun is not on the roster it cannot be carried - even with fixed 10 round magazines.
For example - I have an unrestricted MA non-resident LTC - I own a Sig Sauer P365 (purchased in NH). It is sold with 12 round magazines which are not legal in MA. Can the P365 be carried in MA with fixed 10 round capacity magazines?
Wow… so complicated… … as all gun laws in US
What was your residency at the moment you bought your P365?
If you moved back to MA already owning legally purchased non MA compliant version, you are ok just swapping to 10 rd mag.
If that’s the case, you will have to use Massachusetts Gun Transaction Portal and register your firearms with the state.
I am a NH resident, was purchased in NH. I am licensed to carry in MA - was a priority for me to get the MA non-resident license as I’m right on border and traveling back and forth all the time.
I emailed MA FRB for clarification but did not get a response yet.
Just to add another chink to the legality question, sure, you can swap the magazine, but what about the trigger pull? Doesn’t MA require a heavier weight?
Yeah, a bunch of stuff like that - but sort of same question: applicability of “compliant” roster (limited to just sale or carry). Because as I understand it there is nothing that prevents you from buying a non-roster firearm in a private sale - like you could buy a non-roster from a MA LEO in a private sale, or from a MA resident that relocated from elsewhere who owned a non-roster firearm (Don’t quote me on any of that though… it’s a convoluted mess, hence my question to try and determine what I’m actually allowed to carry). I don’t live in MA and don’t plan on doing any of that - I’m just trying to understand if / how that Reg applies to me as a non-resident licensed to carry in MA and the firearms I own.
Fortunately I’ve got an alternative that is on the MA compliant roster - but would still like to know what exactly the scope of this regulation is.
If Law allows to bring non compliant handgun with you once you move in to MA it seems to be logical that you can use it as non resident with MA permit to carry. Just comply with mag capacity.
But this is only my logic… which does not need to be true…
I’m interested in hearing the definitive answer on this one. If it exists. I have relatives in MA and have thought of getting an out of state permit for visits. Though at $100/year it is an unconstitutionally steep price to pay in my opinion. Though if I lived on the boarder and visited often I would pay it.
MA Non-resident LTC is only good for a year but the in person interview at the MA FRB facility in Chelsea is only required once every five years after you receive the license - which is good because getting there is a PITA.
It’s still $100 annually to renew. They won’t send renewal notices to non-residents. They told me when I received mine to submit renewal application 90 days in advance of expiration. I’ve been reading elsewhere people are saying it’s taking longer than that to get the renewed license back.
The whole process from when I decided to try and get my MA non-resident to when I had it in hand took about 8 months.
Had to take a MA approved safety certificate coarse ($150) August 2020
had to get my home state criminal record ($25) September 2020
had to complete application and write justification supporting request for unrestricted categorization
mailed application, self addressed return envelope, all supporting documentation and check for application fee ($100) to FRB (completed in October 2020)
was contacted by FRB in December 2020 notifying me that my interview in Chelsea was set for end of Feb 2021
at interview they took photo and fingerprints. We briefly discussed application. Was told I would hear back from them in 90 - 100 days.
In regards to my initial post - after MUCH additional reading and conversation - below is my present understanding of the MA regs as they apply to non-resident license holders (specifically: Non-Resident Class A Large Capacity Temporary License to Carry Firearms, restrictions: none)
NONE OF THIS IS LEGAL ADVICE - it only represents my current understanding based on what I have read (MA regs and elsewhere). If you know any of this to be incorrect please comment!
1.) Cannot purchase ammunition in MA - non-resident licenses are issued under a different reg from the one issued to MA residents that allows them to purchase ammunition.
2.) MA EOPS compliant roster - not relevant to non-resident holder from a pistol carry perspective - but you need to be aware of two things:
A) magazines greater than 10 rounds are illegal - period (unless pre-ban).
B) Anything carried cannot be otherwise prohibited under the MA assault weapons guidelines (cant have any two of the qualifying semi-auto pistol attributes listed: threaded barrel, second handgrip, barrel shroud, able to accept magazine out side grip).
3.) The license (Massachusetts Non-Resident Class A Large Capacity Temporary License to Carry Firearms, restrictions: none) allows for carry in MA as one goes about their normal business to any location except where posted or otherwise prohibited by law (courthouses, schools, Logan airport, etc.).
Additional clarification:
Specific to point 2 and my initial question about Sig P365 that was purchased in NH: as long as only carrying fixed capacity 10 round magazines non-res can legally carry this pistol in MA because:
a) EOPS applies for dealer restrictions not carry
b) (This specific license) covers the pistol but not the magazine (high capacity license, and in this case P365 meets that description because it can accept magazine greater than 10 rounds)
c) Must have my fixed capacity 10 round magazines only - because the P365 is post ban and therefore greater than 10 round mag is illegal
pasted from Mass.gov site application/renewal form…note the “in person appearance” may be required, and from what my Utah permit instructor said, is required. Noting below on this page that mail in is a possibility, and guessing perhaps the covid has something to do with that.
“All first time applicants and certain renewal applicants must appear in-person at: Massachusetts Department of Criminal Justice Information Services, Firearms Records Bureau, 200 Arlington Street, Chelsea, MA 02150.”
and…
“l applications are initially processed through the mail; walk-in service is not available.•If you are a first time applicant or a renewal applicant that requires an in-person appearance, you will be contacted by mail or email in 2-3 weeks with your scheduled appointment date.•If you are a renewal applicant and do not require an in person appearance, your application will be processed solely through the mail”
Both quotes from non-resident permit app info/forms
Correct - not sure what categories fall under “certain renewal applicants” but the instructions received with my license were consistent with the wording on the cover letter of the non-res application, that states “Specifically, the requirement for an in-person appearance at the Firearms Records Bureau (FRB) will only be required once every six years. You will still need to renew your LTC annually, however the application will be processed solely by mail until the next required in-person appearance.”.
This was consistent with the course information and what the FRB contact told me during my interview. I guess I will find out for sure when I mail in my renewal for next year - haha.