{"id":9223,"date":"2017-12-05T07:00:10","date_gmt":"2017-12-05T07:00:10","guid":{"rendered":"http:\/\/dev.smartergunlaws.org\/?p=2856"},"modified":"2017-12-05T07:00:10","modified_gmt":"2017-12-05T07:00:10","slug":"licensing-of-gun-owners-purchasers-in-massachusetts","status":"publish","type":"post","link":"http:\/\/lawcenter.giffords.org\/licensing-of-gun-owners-or-purchasers-in-massachusetts\/","title":{"rendered":"Licensing of Gun Owners & Purchasers in Massachusetts"},"content":{"rendered":"

See our Licensing of Gun Owners or Purchasers<\/a> policy summary for a comprehensive discussion of this issue.<\/em><\/p>\n

A 2014 law made\u00a0changes to the state’s licensing of gun owners. After the licensing provisions of the law become effective on January 1, 2015, Massachusetts will have three types\u00a0of licenses for gun purchasers and owners: the Firearm Identification Card (“FID”), the license to carry, and a permit to purchase, rent or lease.1<\/a><\/sup> Each entitles the holder to different privileges, described below.<\/p>\n

Types of Licenses
\n<\/strong>A FID card enables the holder to purchase or possess only rifles and shotguns that are not considered “large capacity” weapons, and feeding devices for long guns that are not “large capacity” weapons.2<\/a><\/sup> “Large capacity weapon” includes assault weapons and most firearms capable of holding more than 10 rounds of ammunition or more than five shotgun shells (either directly, or via a large capacity feeding device).3<\/a><\/sup><\/p>\n

In order to purchase a handgun or handgun feeding device (or short-barreled shotgun or rifle), the person must obtain a FID card and a “permit to purchase, rent or lease.”4<\/a><\/sup> A permit to purchase, rent or lease a handgun or short-barreled firearm is issued at the discretion of the licensing authority for “a proper purpose,” is valid for only 10 days, and can be revoked at any time.5<\/a><\/sup> The licensing authority may restrict the caliber and capacity of the firearm that may be purchased, rented or leased with the license. The licensing authority must send a copy of each issued permit to the commissioner of the Department of Criminal Justice Information Services within one week.6<\/a><\/sup> When a firearms dealer transfers a handgun to a person holding a permit to purchase, rent or lease, the dealer is required to write on the permit the date and place of the transfer, and transmit the permit to the executive director of the Criminal History Systems Board.7<\/a><\/sup><\/p>\n

A license to carry allows the licensee to purchase, rent, lease, borrow, possess and carry all types of lawful firearms, including both large and non-large capacity handguns, rifles, shotguns, and feeding devices and ammunition for these firearms.8<\/a><\/sup> Unlike FID holders, licensees to carry may purchase handguns and short-barreled firearms without obtaining a permit to purchase, rent or lease.9<\/a><\/sup> State law does not appear to limit the number of firearms a licensee to carry may purchase or possess. For further information on licenses to carry, please see the Concealed Weapons Permitting <\/a>section.<\/p>\n

Licensing Standards<\/strong>
\nAny person residing or having a place of business within the jurisdiction of a city or town police department (“licensing authority”), or any person residing in an area of exclusive federal jurisdiction located within a city or town, may submit to the local licensing authority an application for a FID or a license to carry firearms.10<\/a><\/sup> A temporary license to carry firearms may also be issued by the colonel of state police to a nonresident of Massachusetts or any person not falling within the jurisdiction of a local licensing authority \u201cfor purposes of firearms competition and subject to such terms and conditions as said colonel may deem proper.\u201d11<\/a><\/sup><\/p>\n

Firearm Identification Cards (FID)<\/span>
\nThe licensing authority shall\u00a0issue a FID unless the applicant falls into one of the prohibited categories listed above in the section entitled Prohibited Purchasers Generally<\/a>.12<\/a><\/sup> However, a law enacted in 2014 law gives the licensing authority some discretion to deny a FID if the applicant is “unsuitable.”13<\/a><\/sup><\/p>\n

If the licensing authority believes the applicant is unsuitable, it may file a petition with a court to deny the issuance or renewal of, or suspend or revoke, a FID. Upon the filing of a petition to deny the issuance or renewal of a FID, the court shall hold a hearing within 90 days to determine whether the applicant is unsuitable. The FID will not be\u00a0issued or renewed while a petition is pending with the court.<\/p>\n

Upon the filing of a petition to revoke or suspend a FID, the court shall determine within 15 days whether there is sufficient evidence to support a finding that the applicant is unsuitable. The FID will be suspended or revoked while the court’s determination is pending. If the court determines that sufficient evidence of unsuitability exists, within 75 days, the court shall hold a hearing to make a final determination of\u00a0whether the applicant is\u00a0unsuitable.<\/p>\n

The\u00a0licensing authority must show by a preponderance of the evidence that reliable, articulable and credible evidence exists that the applicant has behaved in a way to suggest he or she could potentially create a risk to public safety. The court may hear evidence of the existence of other factors that suggest the same. If the court fails\u00a0to make a suitability determination within the allowable time frames, the court must enter judgment that the applicant is suitable.\u00a0((Id<\/em>.))<\/p>\n

Licenses to carry
\n<\/span>A license to carry may be issued if the applicant is not a prohibited person, not unsuitable and has good reason to fear injury to himself, herself or his or her property, or for any other reason including carrying of firearms for use in sport or target practice only.14<\/a><\/sup> For more about license to carry standards, see the\u00a0Concealed Weapon Permitting<\/a>\u00a0section.<\/p>\n

License Application Process<\/strong>
\nIn the application process for either a FID or a license to carry, the licensing authority must forward one copy of the application and one copy of the applicant\u2019s fingerprints to the colonel of state police (“colonel”) who must, within 30 days, advise the licensing authority, in writing, of any disqualifying criminal record, and whether there is reason to believe that the applicant is otherwise disqualified from possessing a FID or license to carry.15<\/a><\/sup> The colonel shall utilize files maintained by the Department of Mental Health, the Department of Probation “and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to,” the National Instant Criminal Background Check System (\u201cNICS\u201d).16<\/a><\/sup> The licensing authority has 40 days from the date an application is submitted to approve or deny the application for a FID or license to carry.17<\/a><\/sup><\/p>\n

In the case of a\u00a0license to carry:<\/p>\n

The licensing authority may also make inquiries concerning the applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition and records of purchases, sales, rentals, leases and transfers of weapons or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of the Department of Mental Health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.18<\/a><\/sup><\/p><\/blockquote>\n

Massachusetts law also prohibits any person from using a FID or a license to carry for the purpose of purchasing a firearm for the unlawful use of another, or for resale of a firearm, or giving a firearm to, an unlicensed person.19<\/a><\/sup><\/p>\n

A FID is generally valid for six years from the date of issue.20<\/a><\/sup> A license to carry is valid not more than six years from the date of issue.21<\/a><\/sup><\/p>\n

Notes<\/h5>
  1. Mass. Gen. Laws ch. 140, \u00a7\u00a7 129B, 131.<\/li>
  2. Mass. Gen. Laws ch. 140, \u00a7\u00a7 129B(6), 131E.<\/li>
  3. Mass. Gen. Laws ch. 140, \u00a7 121.<\/li>
  4. Mass. Gen. Laws ch. 140, \u00a7 131E.<\/li>
  5. Mass. Gen. Laws ch. 140, \u00a7 131A.<\/li>
  6. Id.<\/em><\/li>
  7. Mass. Gen. Laws ch. 140, \u00a7 123 (Ninth).<\/li>
  8. Mass. Gen. Laws ch. 140, \u00a7 131E.<\/li>
  9. Id<\/em>.<\/li>
  10. Mass. Gen. Laws ch. 140, \u00a7\u00a7 129B, 131.<\/li>
  11. Mass. Gen. Laws ch. 140, \u00a7 131F.<\/li>
  12. Mass. Gen. Laws ch. 140, \u00a7\u00a7\u00a7 129B(1), 131(d), 131F.<\/li>
  13. Mass. Gen. Laws ch. 140, \u00a7 129B.<\/li>
  14. Mass. Gen. Laws ch. 140, \u00a7 131.<\/li>
  15. Mass. Gen. Laws ch. 140, \u00a7\u00a7 129B(2), 131(e).<\/li>
  16. Id.<\/em><\/li>
  17. Mass. Gen. Laws ch. 140, \u00a7\u00a7 129B(2), (3), 131(e).<\/li>
  18. Mass. Gen. Laws ch. 140, \u00a7 131(e).<\/li>
  19. Mass. Gen. Laws ch. 140, \u00a7 131E(b).<\/li>
  20. Mass. Gen. Laws ch. 140, \u00a7 129B(9).<\/li>
  21. Mass. Gen. Laws ch. 140, \u00a7 131(i).<\/li><\/ol>

    The post Licensing of Gun Owners & Purchasers in Massachusetts<\/a> appeared first on Giffords Law Center to Prevent Gun Violence<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

    See our Licensing of Gun Owners or Purchasers policy summary for a comprehensive discussion of this issue. A 2014 law made changes to the state’s licensing of…
    Read more<\/a><\/p>\n

    The post Licensing of Gun Owners & Purchasers in Massachusetts<\/a> appeared first on Giffords Law Center to Prevent Gun Violence<\/a>.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,10,5],"tags":[20],"_links":{"self":[{"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/posts\/9223"}],"collection":[{"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/comments?post=9223"}],"version-history":[{"count":1,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/posts\/9223\/revisions"}],"predecessor-version":[{"id":9224,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/posts\/9223\/revisions\/9224"}],"wp:attachment":[{"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/media?parent=9223"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/categories?post=9223"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itstheguns.com\/index.php\/wp-json\/wp\/v2\/tags?post=9223"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}