Chap 17 Firearms Flashcards
What are the plus factors for carrying a firearm that might make reasonable suspicion of activity
Appears under 21
Not using a holster
Brandished or concealed gun
Loading a firearm in public
Ineligible for LTC
Fired gun
Threatened someone
On the street sale
Gun typically used in crime (sawd shtgn
Gun connected with crime
Impaired
Threat to public safety
Whose burden is the proof that someone has a valid license to carry?
The suspect
What is the difference between an identification card and license to carry?
FID allows possession of rifles and shotguns in public
LTC same but also permit to carry a firearm (handgun) in public
What disqualifies an applicant from being eligible for an LTC?
Massachusetts criminal conviction of any felony or misdemeanor punishable by more than two years, or concerning weapons or drug possession (may possibly apply for FID depending on the crime after five years, but never an LTC)
Out of state or federal criminal conviction
Court ordered commitment
Protection order
Dishonorable discharge
How long is an LTC or an FID good for after it has been applied for renewal (before the expiration date)?
Until it is approved or denied by the licensing authority
How long does an LTC for an FID remain valid for active duty military after discharge even if they did not apply for renewal?
License remains valid for 180 days
What must you do for a change of address if you hold an LTC or FID?
Within 30 days of moving and send notice by certified mail to
Original licensing Authority
Authority in the new community
Department of criminal Justice information services
What is the punishment/ROA for someone who failed to notify an address change for their LTC?
Civil fine only , confiscate the license and guns and notify the licensing authority
If an LTC is revoked / suspended must the surrender and confiscation of the license and fire arms immediate?
No. The licensing authority decides if they want immediate surrender of guns or if they want to delay confiscation while appeals are pending in the district.
If you go to a house to seize guns, does that alone give you the authority to enter a home?
No. You still need a warrant, consent or exigency
(Recommended to order people to remain outside while the home is secured and apply for a search warrant if you don’t have the above)
If a defendant possessed an illegal rifle went home and then went back outside with it , how many counts of unlawful possession?
Two
What do you need for proof of constructive possession of a firearm ?
Suspect knew about the gun
Intended to possesses it
And had the ability to physically control it
Are you guilty of unlawful possession of a firearm if your codefendant did not have an LTC but you did?
Yes
What are the six ways to prove a working firearm , rifle or shotgun
Ballistic testimony
Defendant observed firing gun
Witness testimony was operational
Recovered gun has a spent cartridge
Police expert dry fired gun
Arrested officer fired gun
Owner testified he fired gun
Is a gun still considered operational if it can be easily fixed to fire?
Yes
What is defined as large capacity for a firearm and shotgun?
More than 10 bullwts
More than 5 shotgun shells
Can citizens with an FID card only own a gun?
Yes as long as it is only kept in their home or their own business
Firearm
Pistol or other weapon loaded or unloaded
That can discharge a shot or bullet
Has a barrel or barrels less than 16 inches in length or 18 inches for a shotgun as originally manufactured
Large capacity firearm
Semi automatic
Capable of or readily modified to accept any detachable large capacity, feeding device for more than 10 rounds of ammunition
Rifle
A rifle bore and barrel length equal to or greater than 16 inches, capable of discharging a shot or bullet for each pull of the trigger
Shotgun
Smooth bore and barrel length equal to or greater than 18 inches, with an overall length equal to or greater than 26 inches, capable of discharging a shot for each pull of the trigger
Large capacity rifle
Semi automatic
Capable of accepting any large capacity, feeding device of more than 10 rounds
LTC only
Large capacity shotgun
Semi automatic
Capable of accepting any large capacity, feeding device of more than five rounds
LTC only
Sawed off shotgun
A modified shotgun with more one or more barrels less than 18 inches long or overall length of less than 26 inches
No justification for license for possession
Machine gun
Any weapon loaded, or unloaded, from which a number of bullets may be automatically discharged by one trigger activation
Machine gun license only
Bump stock
Any device for a weapon that increases the rate of fire achievable by using the energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger
No justification or license for possession
Trigger crank
Any device to be attached to a weapon that repeatedly activates the trigger of the weapon through the use of a lever or other part that is turned in a circular motion does not include any weapon initially designed and manufactured to fire through the use of a crank or lever
No license or justification
Covert weapon
Any weapon capable of discharging a shot in a shape that does not resemble a handgun, rifle or shotgun or is not detectable by x-ray machines or metal detectors as a weapon
No justification for license for possession
Stun gun
Firearm under definition. Defined as a portable device or weapon, regardless of whether it passes an electrical shock by means of a dart or projectile via a wire lead from which an electrical current impulse wave or beam is designed to incapacitate temporarily injure or kill.
Any citizen who possesses a stun gun without an LTC commit unlawful possession of a firearm
Felony still
Do not have to take a firearm safety course to own one
BB air or CO2 gun
Weapon that expels a light projectile by means of a pneumatic power or pressurized gas
Confiscate and complaint
In public : person 18 and over, may possess without any license, but a minor under 18 must either be accompanied by an adult or have a sporting license and permit
No one may discharge over public way
In private, no licenses required but no discharge
Large capacity feeding device
Fixer, detachable magazine box, drum feed, strip or device capable of accepting or readily converted to accept more than 10 rounds of ammunition or more than five shotgun shells
LTC in public
LTC or F ID with permit for home or business
Silencer
Any instrument attached for causing the fire noise going to be silenced or muffled?
Felony
Only federal firearms manufacturers and training can possess
ammunition
Cartridges or cases primer bullets are propelled powder
Warrantless arrested on PC
Public home business LTC fid
Self-defense spray
Anyone 18 and over may purchase and possess no license required
Exemptions :
Citizens disqualified from receiving an FID
Citizens 1516 or 17 may have it with a valid FI ID card (need parental permission)
Complaint
Transfer firearms to an heir
180 day grace period and you must obtain the ID or LTC
Is there a crime if you’re under 15 and someone takes you hunting or target shooting that has a valid FI ID or LTC?
No
What is the antique firearm exemption?
Gun must be manufactured before 1900
You still need an F ID or more for ammunition
Can you travel state to state with guns?
You can transport through states, but you must be licensed in both state of origin and destination, and the firearm must not be accessible during transport 
What are exemptions for non-resident possession of rifle, shotguns and ammunition
Meet the requirements where he lives
Valid nonresident hunting license during hunting season
Or be at a shooting range
Traveling in or through mass with his guns, unloaded and closed in a container
Be at a fire, arms on display organized by existing gun collectors club
If you have a green card, can you apply for a LTC or FID?
Yes, but if you are an alien, you cannot
Green card holders are considered residents
If you are a new resident, you may possess but not carry in public firearms and ammunition for how long?
60 days
60 days if you’ve moved as well to switch over
Can an alien get an F ID card
The colonel may issue one for a rifle or shotgun
Aliens and nonresidence can receive an LTC for a fire armed competition for one year 
Carrying a gun on campus
Anyone who is not law-enforcement, may not carry a loaded or unloaded gun without written authorization
Warrantless arrest in presents
Also forbids other dangerous weapons but that is a complaint
Carrying a firearm while under the influence of liquor
Arrest for breach of peace and presence or complaint
Consumption must diminish suspects ability to carry safely
Discharging a firearm within 500 feet of a dwelling or building a use
Confiscate and complaint
Dis charging a firearm on or near a highway
May not discharge any firearm or release an arrow across or within 150 feet of any highway
Warrantless, arrest, in presence
LTC restrictions for guns in the motor vehicle
If a firearm is loaded, it must be under direct control
No large capacity, rifle or shotgun in the vehicle, unless unloaded and unlocked trunk or secure container
Confiscate and complaint
Possession of a gun with de faced serial number
May not remove deface or alter in any manner or receive a gun with an knowledge of a serial number deaf faced
Confiscate and complaint
If defaced during a felony -this charge becomes a felony
Improper storage of large capacity gun or of any gun if someone under 18 has potential access
Felony
Improper storage of non-large capacity, gun or any stun gun
Confiscate and complaint
What is the minimum amount of firearms to be considered gun trafficking?
One
