I saw AWA’s post on Massachusetts’ Bruen response bill, HB 4420.
I had to look at the bill itself, because one aspect of it really worries the shit out of me.
Section 122. Registration of firearms; reporting; loss or theft; punishment
(a) All firearms and feeding devices possessed in the commonwealth must be registered in accordance with this section. All firearms and feeding devices purchased, acquired, manufactured, or assembled in the commonwealth shall, at the time of purchase, acquisition, manufacture or assembly be registered unless the firearm is imported by: (i) a new resident moving into the commonwealth who causes the firearm to be serialized and registered within 60 days of arrival; (ii) an heir who is transferred the firearm through the distribution of an estate and causes said firearm to be serialized and registered within 60 days of taking possession; (iii) a licensed dealer, gunsmith, distributor or manufacturer who causes said firearm to be serialized and registered within 10 days of taking possession. Privately made firearms must be registered within 7 days of manufacture or assembly pursuant to section 122A.
(b) The registration of all firearms and feeding devices shall be via a real time electronic system developed and maintained by the department of criminal justice information services and, at a minimum, include the following information: (i) name, address and contact information of registrant; (ii) license or permit type, number, and expiration date for registrant or documentation of exemption pursuant to sections 127 or 127A; (iii) manufacturer, make, model, caliber, and serial number of each firearm or feeding device; (iv) date each firearm or feeding device was acquired; (v) name and address of source from which each firearm or feeding device was obtained, including the name and address of the prior registrant if applicable; and (vi) a statement signed by the registrant under the pains and penalties of perjury that they are properly licensed, permitted or exempted under the laws of the commonwealth and are not otherwise prohibited from owning or possessing a firearm or feeding device. If the firearm or feeding device has been assembled from separate parts, the registrant shall include such information on the registration form and include all applicable serial numbers and manufacturers. If the firearm or feeding device has been manufactured or assembled using additive manufacturing, the registrant shall include such information on the registration form.
…
(e) The registration requirements of this section shall not apply to firearms or feeding devices: (i) being delivered to law enforcement for the sole purpose of its destruction; (ii) lawfully traveling through the commonwealth via common carrier; (iii) the property of the government of the United States; or (iv) produced by federally licensed manufacturers not for sale in the commonwealth.
Here is the problem:
I live in southeast New Hampshire. The nearest airport that goes anywhere is Boston Logan.
There is an airport in Manchester but the flight are seasonal and limited.
Under safe passage of the FOPA, I should be able to drive to Boston Logan, get on a plane, and fly to a safe state.
I’m not a common carrier, I’m not a new resident, I’m in a gray area that makes it unclear if I have to register my guns to transport them through the state. It doesn’t say I have to but it doesn’t say I’m exempt, it’s a dubious oversight by the drafters if the bill.
Cynical me who doesn’t trust politicians, especially Democrats, suspects this is a feature not a bug, and will be used to prosecute people who are normally covered by safe passage, i.e., since they weren’t specifically exempted, they will be treated as not compliant with the law.
I am eventually going to get my Massachusetts non-resident LTC, but that won’t come in until will after my next flight with guns out of Logan.
I’m going to keep an eye on this bill.
Honestly, I want put next Republican President do use the DOJ to do what the DOJ is supposed to do, and fight these tyrannical bills on behalf of the people.
But I suspect that before that happens, I’ll get a pet unicorn that shits unlimited ammo and pisses vanilla milkshake.
Its a “sandy hook” registration scheme which will have widespread disobedience… yea, the driving thru this state is concerning too… like maryland was doing for a while on I95, pulling over outastaters cause they have a CCW permit and searching vehicles… its getting stupider every day
This is a despicable bill.
.
And the worst of it is, if history is a guide, it will need to be fought back line by separate line, as the courts don’t like doing blanket reversals.
IANAL, but my understanding of when traveling under FOPA , you can’t be in possession of said firearm.
You end up having it in your possession when you declare said firearm as unloaded at the gate.
I have read of people getting nailed for illegal possession in NYC and NJ airports.
Just sayin’.
Oh, that the Cradle of Liberty can pull this $hit is despicable. Commies.
Can you elaborate? My understanding was possession was explicitly allowed so long as you were traveling through to an area you can legally possess and the only stops you were taking were for food and fuel.
@Lenard: Correct. However, in J’s example, he’s at Logan airport. You have to declare your firearm as unloaded and get a card to put in the case.
It seems that that step puts the firearm in your hands, thus possession.
I’m really not following you, it seems like you are saying you don’t possess the firearm until you declare it. I don’t think that makes sense legally, you clearly possess it even if it is undeclared. It should also be irrelevant if you declare the firearm and then somehow that makes you now be in possession of it if FOPA gives you explicit permission to possess it anyways.
Affirmative defense and shitty state shenanigans not withstanding of course.
@Lenard: It’s like Schrodinger’s gun. For FOPA, the gun needs to be locked in a container out of your reach.
At the airport, you are unlocking the case to place the card (and, potentially, demonstrating the unloaded status (I’ve had to do that several times at Logan. I have blocked the cluster f with the declaration coming home from AZ)) at the counter.
I’m not claiming that it’s logical as most gun regs are infantile and illogical.
Unloaded, locked in a case, separate from ammo, in the trunk. Except that FOPA is an affirmative defense, so they can arrest you and you use FOPA as your defense at trial. The Waffen NYPD was notorious for arresting people under FOPA and prosecuting them just to be assholes. Most people went bankrupt before winning the case.
Old fuddlore is there used to be a MA transport permit. Somewhere I have an email from like 15 years ago from MA State Police saying that wasnt needed any more.
They have a non resident LTC (License To Carry) which was only issued to hunters and competition shooters to travel to and from ranges. I’m going to apply for it by my class isn’t until November.
@J. Kb: If you can hop up to the Lakes Region, I can do a class for you. Confirm with awa.
@Lenard: That’s a new one. I remember a permit-to- purchase decades ago, though.
Someone probably was like, well if you got a permit to purchase, then you should be good to travel. I can see that morphing into a travel cert through the crossed wires and muddled brains of fuddlore.