H.4885 Non-residents

Chapter 135 (H.4885): Non-residents


The following should not be taken as legal advice.


But here are a few things you should know. As usual, these interpretations are fluid and ongoing.

 

Non-Resident Licensing:


  • Antique Firearms - Creates a separate definition for “Antique Firearm”. Clarifies where a license is required to possess antiques/muzzle loaders. Any that use a modern primer or other ammunition component is considered a modern firearm and requires a license to possess.
  • Strikes out “alien that resides outside the commonwealth” and replaces it with: a citizen or national of the United States or a person who maintains legal permanent residency.
  • No longer exempt from licensing requirements for possessing handguns and any semi-automatic firearms for any purpose including competition.


Non- Resident Hunting:


  • Must register their firearms with the Commonwealth prior to entering the state.
  • Bans the possession of semi-automatic firearms (including rifles and shotguns).
  • Bans any non-resident under 18 from hunting in Massachusetts.
  • Non-residents, even those with a temporary license to carry, cannot purchase ammunition or ammunition part in the Commonwealth. (This has been the case since 1998, but was reaffirmed in Chapter 135.)
  • Any muzzle loader that uses a modern primer or other component will be considered a modern firearm, thus a license is required.
  • There is some language in line #1306 of the bill about hunting licenses: “The colonel of the state police shall determine those states with substantially similar requirements to those of the commonwealth for a firearm identification card under section 129C and a hunting license under section 11 of chapter 131 and shall annually publish a list of those states.”


Registration/Serialization:

  •  
  • Must register their guns prior to entering the state for any purpose other than travel.
  • Must meet all of the new “serialization” standards.
  • All firearms, frames and receivers shall have a serial number. Excludes pre-1968.
  • Serial numbers must be placed in a manner not susceptible of being readily obliterated, altered or removed.
  • Firearms, frames and receivers made from non-metallic materials shall be accomplished by using a metal plate permanently embedded in the material of the frame or receiver. 

 

Storage and Transportation:


  • Must meet new storage/transportation standards upon entering in the state, other than for traveling through under certain conditions.
  • Semi-automatics now fall in the Assault Style Firearm category only for storage/transportation.


Training:


  • Non-residents would likely have to travel to Massachusetts to take a course as it is unlikely to be taught anywhere else.
  • It appears that if they currently hold a non-resident license prior to August 1, 2024 they are grandfathered for renewals only.
  • The colonel of state police, in consultation with the municipal police training committee, shall create a new training curriculum. Must include at minimum:

o  Injury prevention.

o  Suicide prevention.

o  Disengagement tactics.

o  Live fire.

o  Completion of a written exam.

o  Anything else they deem necessary.

  • The colonel shall create a written examination and establish minimum requirements to pass.             
  • It appears that the state will send the certificate to successful students.
  • Licensing authority must confirm with the state that a certificate has been issued prior to processing a license application.

 

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