Worcester Chief Threatens Future of Firearms Training

A recent series of articles about the legal troubles of a shooting range in Worcester has raised questions for gun clubs. In newspaper articles (links to the articles are below), the Worcester Chief of Police was quoted as stating that it was illegal for the range to allow people to shoot that did not have either a License to Carry or Firearms Identification Card.

Some clubs have called us, worried that the junior training programs or basic firearms safety courses are operating outside the law.  GOAL wants to reassure our affiliated organizations that there are at least four places in the law that reference individuals without Licenses or Cards lawfully participating in the shooting sports.

First, there are important exemptions for training. Chapter 140, section 129C first states that a License or Card is required for gun possession in Massachusetts, but goes on to create a list of 20 exemptions. Paragraph (k) exempts the training of youth for hunting or target shooting and paragraph (m) is the exemption that allows instructors to run BFS courses, clubs to run Women on Target events, and friends to show friends the fun of the shooting sports. Remember that in this chapter, the word “firearm” means handgun. This exemption is clear:

The provisions of this section shall not apply to the following exempted persons and uses:…

(k) Any person under the age of fifteen with respect to the use of a rifle or shotgun by such person in hunting or target shooting, provided that such use is otherwise permitted by law and is under the immediate supervision of a person holding a firearm identification card or a license to carry firearms, or a duly commissioned officer, noncommissioned officer or enlisted member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, or the National Guard or military service of the commonwealth or reserve components thereof, while in the performance of his duty;

(m) The temporary holding, handling or firing of a firearm for examination, trial or instruction in the presence of a holder of a license to carry firearms, or the temporary holding, handling or firing of a rifle or shotgun for examination, trial or instruction in the presence of a holder of a firearm identification card, or where such holding, handling or firing is for a lawful purpose;

Another reference to training is contained in section 130 of chapter 140. This section was designed to prevent illegal rifle and shotgun sales to minors, but its language also clarifies the lawful practice of training. There is a clear exemption here for “pupils” of all ages in the last sentence, with special provisions for a minor being trained:

Nothing in this section or section one hundred and thirty-one E shall be construed to prohibit a parent or guardian from allowing his child or ward, who has not attained age fifteen, the supervised use of a rifle or shotgun or ammunition therefor, according to the provisions of section one hundred and twenty-nine C, nor from furnishing such child or ward, who has attained age fifteen, with a rifle or shotgun that is not a large capacity weapon or ammunition; provided, however, that said child or ward, being fifteen years of age or older, has been issued a valid firearm identification card or alien permit to possess a rifle or shotgun which is in his possession. Nothing in this section shall be construed to prohibit an instructor from furnishing rifles or shotguns or ammunition therefor to pupils; provided, however, that said instructor has the consent of a parent or guardian of a pupil under the age of eighteen years.

A fourth reference to unlicensed minors participating in target shooting is contained in the Inland Fish and Game Chapter, Chapter 131 of the Mass General Laws. Section 14 details how a minor over the age of fifteen must obtain their own hunting or sporting license and clarifies at what age a minor may begin hunting. Note that the age of the minor is not restricted with regard to target practice, although the age of the minor affects how the hunt is conducted.

 Nothing in this section or any other provision of law shall prohibit any minor from participating in target practice on any skeet trap or target range; nor prohibit a minor twelve to fourteen years of age, inclusive, from participating in the hunting of birds and mammals when accompanied by a duly licensed adult; provided, however, that the bag limit established by law or regulation for one person shall not be exceeded; and, provided further, that only one firearm shall be used. Not more than one such minor shall at any time accompany one adult, and such minors shall not be required to be licensed.

GOAL wanted all Massachusetts clubs to be comfortable with continuing their training programs for unlicensed persons. Any club with a junior program, 4-H program, or Basic Firearms Safety course curriculum or other such activity can rest assured that under the circumstances of training, a License to Carry or FID Card is not required.