# Question about transporting a firearm through MA



## Andrew14 (Jun 10, 2009)

Question:

If I were passing through MA with a firearm (pistol), making no stops (other than for fuel), what is the legal way to have my firearm secured in a vehicle?

I would have the pistol unloaded and locked in a soft gun case. That locked case would be placed into a small duffle bag, with a box or so of ammo on top of the locked case. The entire bag would then be locked with an additional lock through the zipper. This would be placed in my trunk.

Is this acceptable??

FWIW, I do possess a LTCF (License to Carry Firearms) in the state of PA (resident)

thanks in advance.


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## justanotherparatrooper (Aug 27, 2006)

Unloaded and locked in your trunk. You'll be fine.If youre stopped and the officer ask you ,just tell him where it is.


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## KozmoKramer (Apr 25, 2004)

I'm curious if this would also cover the licensed \ permitted driver simply passing through.
I cant find any exact language on simply driving through the commonwealth while possessing a properly stored handgun.


> A non-resident United States citizen with a license to carry a handgun issued by his home state may carry a handgun in Massachusetts for the purpose of taking part in a competition or exhibition of an organized group of firearms collectors, or for hunting provided he has a valid hunting license issued by Massachusetts or the state of his destination.


NRA Statewide Information - Massachusetts

Handgun Law - Massachusetts


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## Andrew14 (Jun 10, 2009)

I know there is a federal law that protects individuals during interstate travel:


> 926A. Interstate transportation of firearms
> 
> 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.


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## MetrowestPD (Oct 21, 2008)

Sorry JAP, although the way he is transporting the firearm is correct. Unless he is an active law enforcement officer, or using it for competition, exhibition or hunting, he cannot transport without a temporary LTC.

MASSACHUSETTS -- Nonresidents are allowed to bring personally-owned handguns into the Commonwealth for competition, exhibition or hunting. If the handgun is for hunting, a valid hunting license must be procured. Furthermore, the handgun owner must have a valid carrying permit from another state and that state s permit requirements must be the same as in Massachusetts. A person who does not meet these requirements must obtain a temporary handgun permit from the Department of Public Safety, 1010 Commonwealth Avenue, Boston, Massachusetts 02215.
A nonresident may transport rifles and shotguns into or through Massachusetts if the guns are unloaded, cased and locked in the trunk of a vehicle.
A nonresident may physically possess an operable rifle or shotgun while hunting with a Massachusetts license, while on a firing range, while at a gun show, or if the nonresident has a permit to possess any firearm in his home state.
A special caution, however, is in order. Massachusetts has enacted one of the most restrictive gun laws in the Nation, imposing a mandatory one year jail sentence for anyone illegally possessing a firearm, loaded or unloaded, on his person or under his control in a vehicle. 
In all cases, all firearms must be transported as prescribed in the general rule.


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## Andrew14 (Jun 10, 2009)

I know there is a Federal law that protects individuals transporting a firearm during interstate travel



> 926A. Interstate transportation of firearms
> 
> 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.


I'm assuming this would trump any state or local law on the books, but I just wanted to be sure.


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## Andrew14 (Jun 10, 2009)

Federal Law for the Interstate transportation of firearms:
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


I don't see how any state or local law could be imposed on me in this situation. Thoughts?


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## 263FPD (Oct 29, 2004)

Right. And god forbid if he is caught without a temp. permit, since he is a law abiding licensed gun owner, one of our liberal-head-up-the-ass judges would sentance him for the full boat under Bartley-Fox. We know they rarely use that statute on criminals.


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## justanotherparatrooper (Aug 27, 2006)

Im trying to find the law that relates to this but I know there is a section of Federal law that prohibits states from banning transport of a lawfully owned unloaded secured firearm from a place where possesion is legal to a place where possesion is also legal and the owner is just passing through a restrictive state like Ma, NY , NJ or Ca.


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## 263FPD (Oct 29, 2004)

justanotherparatrooper said:


> Im trying to find the law that relates to this but I know there is a section of Federal law that prohibits states from banning transport of a lawfully owned unloaded secured firearm from a place where possesion is legal to a place where possesion is also legal and the owner is just passing through a restrictive state like Ma, NY , NJ or Ca.


I believe you are right, however this is Peoples Rep. of MA. You have seen them blatantly diregard the Federal Laws before. I am sure this guy could appeal a conviction God forbid he is arrested and convicted, but it would take longer to appeal it then the sentance it self. Ofcourse one would hev a hell of a Second Ammendment Violation law suit, but no one can give you back time itself.


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## Andrew14 (Jun 10, 2009)

I apologize for the multiple posts.


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## dingbat (May 8, 2008)

You may be good under the Federal law, but that doesn't mean an officer who pulls you over and searches your trunk won't arrest you and confiscate your gear. I have heard there is no case law for this in Mass. yet. If that is true, do you want to be the test case? In Mass. you can at least get a non-res. permit. I'd be more concerned about New York myself.

You can find this topic discussed many times over here: Gun Laws - Northeastshooters.com

Good luck.


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## justanotherparatrooper (Aug 27, 2006)

Thank you Andrew for registering. 
Would I want to be a test case? No is the short answer but this isnt 'new law' either. It was written in 1986 and I believe it has been tested in atleast NY where it stood. Id love to hear more opinions about it though.


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