Class "A" license to carry in MA

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Class "A" license to carry in MA

Postby gmattson » Tue Jul 02, 2002 1:36 am

On the way home from class today I was listening to a talk program discussing gun control. A caller from Western Mass just moved to Boston. When he re-applied for his license, he was issued a class "A".

According to the caller, their is only one class "A" and it allows the holder to carry a concealed weapon. Well, the guy was stopped and written up for carrying. Turns out, his license had written on the back: "for sport and target practice only" (or something to that affect).

Just wondering what the scoop is on this Al?

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Class "A" license to carry in MA

Postby Alan K » Tue Jul 02, 2002 2:43 pm

Hi George:

You are correct in your statement that there is only one Class A license; however conditions or restrictions may be imposed.

Here is the pertinent language.

Massachusetts General Laws Chapter 140, Section 131 deals with firearms licensing:

Licenses to carry firearms; Class A and B; Conditions and Restrictions

All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions:

(a) A Class A License shall entitle a holder thereof to purchase, rent, lease, borrow and carry; (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession,use or carrying of firearms as the licensing authority deems proper; (it repeats the language as to rifles)

The statute does state that a violation may result in fines, revocation etc., but the provisions of MGL Chapter 269, section 10 shall not apply. That statute is the "dangerous weapons statute" (same as outlawed martial arts weapons) and 2 and one half years in jail.

The licensing authority has the authority to place conditions and restrictions on the Class A license as it deems proper.

One could argue that the limitations were arbitrary or capricious and defeat the purpose of the Class A license, but the target & sport provisions on a Class A license have been with us for eons; you may recall under the old statute you always asked that the language "For protection of life and property" be endorsed on the license in order to clarify this point.

I hope this answers your questions.

Al
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Class "A" license to carry in MA

Postby gmattson » Tue Jul 02, 2002 3:14 pm

Thanks Al. I've talked with people who had the "sport" restriction on their license, but still assumed they could carry anytime.

Could get them in serious trouble if caught.

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Class "A" license to carry in MA

Postby ljr » Wed Jul 10, 2002 6:02 pm

I used to have the "sport" qulification on my license, but I was also luck enough to belong to a 24 hour gun club, I just happend to always be on my "way to the range".

I just got my new Class A unrestricted license from Boston, it is the sice to two credit cards and just as stiff! try keeping that in your wallet!

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Class "A" license to carry in MA

Postby Jay Sal » Fri Jul 12, 2002 12:09 pm

Hi Alan:

It was great seeing you again...
Could you please answer a question for me, relating to my permit.

I just renewed my permit to carry. I have had it for over 20 years now. All that time, it read " For Protection or Life & Property"
Now,,, I had it renewed a little while ago, it now reads "Class - A Large Capacity", and on the back under the reason area
it reads " ALL LAWFUL PURPOSES"...

What does this mean to me ??? Can I be written up like the above case ???

Thanks Jay Sal...
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Class "A" license to carry in MA

Postby Van Canna » Fri Jul 12, 2002 1:43 pm

I am told that "for protection of life and property" was open to abuse by police when questioning whether in fact you were in the process of protecting life and property when they found the gun on you.

The new language takes care of the potential problem, it seems. Alan?

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Class "A" license to carry in MA

Postby Alan K » Fri Jul 12, 2002 9:31 pm

Hi, Jay and Van

The old language which in effect said "for protection of life and property", with reference to a Massachusetts Permit, was by custom and usage throughout the state a sort of universal method of being able to carry concealed for any reason. When the revision of Chapter 140 Section 131 was enacted, the language for the endorsement Large Capacity, was necessary because of the magazine limitation in the new statute.

Van, I was not aware that the old language was causing some problems; it has been around for eons; however I do agree that "For all lawful purposes", is broader and therefore more inclusive.

When we do a corporation, in the purpose clauses, in addition to the special purposes of a corporation, we use the langage " to conduct any and all business activities, lawful and pemitted by G.L. Chapter 156 B".

For persons with the life and property endorsement, I would not rush to get the licensing authority to change the endorsement.

I hope this answers the questions, and thanks all for the post.

Will see you at Summer Camp.

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