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Firearms Flashcards

1
Q

What is required of an individual in the event of a lost,stolen, or recovered gun?

A

1) The individual must notify the Director of the Department of Criminal Justine Information System; and
2) The licensing authority in the city or town in which he resides.

Ch140-Sec129C

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2
Q

What are the minimum eligibility requirements for an individual to possess an FID card?

A

1) Must reside or have a place of business within Massachusetts.
2) Must be at least 15 years of age.
3) If under the age of 18 must also have a certificate of permission from parent or guardian.
4) Must be a US citizen.

Ch140-Sec129B

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3
Q

What are the minimum eligibility requirements for an individual to possess a LTC?

A

1) Must reside or have a place of business within Massachusetts.
2) Must be at least 21 years of age.
3) Must be a US citizen.

Ch140-Sec131

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4
Q

How can an individual be disqualified from being issued a LTC or FID card?

A

1) Convictionof a Felony in any court or a misdemeanor punishable by imprisonment for more than two years.
2) Conviction for a “violent” crime punishable by imprisonment for more than one year.
3) Adjudicated a youthful offender for offenses including Burglary, Extortion, Arson, Kidnapping, Use of Explosives, Attempted or Threatened Use of Force against another or Conduct that Poses a Serious Risk of Injury to Another (while in the possession of a deadly weapon)

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5
Q

How many days does the licensing authority have to respond to the applicant after an application has been submitted for an LTC?

A

The licensing authority has 40 Days from the date of application to issue the LTC or to notify the applicant in writing the cause of denial.

Ch140-Sec131

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6
Q

How many days does the licensing authority have to respond to the applicant after an application has been submitted for an FID card?

A

The licensing authority has 40 Days from the date of application to issue a FID card or notify the applicant in writing the cause for denial.

Ch140-Sec129B

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7
Q

An appplicant for an FID or LTC must submit to the licensing authority a certificate of completion for at least one of the following two types of courses.

A

1) A basic firearms safety course or hunting safety course.
2) Applicants for a limited FID to possess mace or pepper spray are exempt from this requirement.

NOTE:this section SHALL NOT apply to:

i) any officer, agent or employee of the Commonwealth or any state of the United States;
ii) any member of the military or other service of any state or of the United States;
iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth.

Ch140-Sec131P

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8
Q

How often must an FID card or LTC be renewed?

A

An FID Card or LTC will expire within 6 years from the date of issue. The Director of the Criminal Justice Information Systems will send a notice of expiration to the holder no less than 90 days before the date of expiration.

Ch140-Sec129B and 131

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9
Q

What responsibilities does the holder of an FID Card ot LTC have upon moving?

A

Within 30 Days of moving, the holder of an FID Card or LTC must notify in writing the Director of the Criminal Justice Information System, the licensing authority, and the Chief of Police for the new jurisdiction in which the holder resides.

Ch140-Sec129B and 131

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10
Q

What are the consequences for possession of a firearm, rifle, or shotgun after expiration of the FID card or LTC or after suspension for failure to give notice for the change of address?

A

A law Enforcement Officer MUST confiscate any weapon found in possession and the Expired card. The card musr be submitted to the licensing authority. The weapons will be returned to the owner upon reinstatement of the FID Card ot LTC.

CH140-Sec129B and 131

NOTE: the holder “shall be subject to a civil fine of not less than $500.00 nor more than $5,000 and the provisions of said section 10 of said Chapter 269 shall not apply”

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11
Q

What are the responsibilities of the licensing authority upon suspension of revocation of an FID Card or LTC?

A

The card holder, the Director of the Criminal Justice System and the Commisioner of Probation must all be notified in writing by the licensing authority.

CH140-Sec131f and 129B(4)

NOTE:”Notices of revocation and suspension shall be forwarded to the Director of the Department of the Criminal Justice Information Systems and the Commisioner of Probation and SHALL BE INCLUDED IN THE CRIMINAL JUSTICE INFORMATION SYSTEM”…Upon revocation or suspension, the licensing authority SHALL TAKE POSSESSION OF SUCH CARD and Receipt for Fee Paid for such card”

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12
Q

A holder of a suspended FID Card or LTC or a person who has been denied an FID Card or LTC has how many days to file for an appeal?

A

The aggrieved party has 90 DAYS after the date they received notice of a suspension or a denial or 90 DAYS after the expiration of the time limit that the licensing authority had to rspond. The appeal must be filed in the district court having jurisdiction for the licensing authority.

CH140-Sec128B(4)

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13
Q

What actions to retain a firearm may the defendant of a 209A order take when the “Suspension and Surrender Order” requires immediately turning over the guns, ammunition, and cards?

A

The licensee may petition the court for a hearing which must be held within 10 Business days of the request. The hearing must be held within 2 Business days of the request if the licensee states that possession of a gun is necessary for employment.

CH209A

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14
Q

Who must store the surrendered weapons owned by an individual with a suspended or revoked FID Card or LTC?

A

The licensing authority may store weapons at his facility or the weapons may be stored at a state or federal dealer’s facility. A storage fee may be charged if the weapons are stored at a dealer’s facility.

CH140-Sec129D

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15
Q

If surrenderd weapons go unclaimed for more than 1 year or if the owner of the weapons falls 90 days behind in his payment for storage fees what may the holder of the weapons do?

A

The licensing authority or the dealer in possession of surrendered weapons may sell them at public auction.

CH140-Sec129D

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16
Q

Who may shoot at targets that depict human figures at a licensed shooting range?

A

Only public safety personnel in the course of their official duties.

CH140-Sec131

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17
Q

The colonel of the state police may issue a Class A license to a shooting club with several conditions which include;

A

1) At least 1 shareholder of the organization must be suitable to possess a Class A LTC.
2) Large capacity weapons may be used at the club only by persons wiht an FID card or LTC.
3) The clerkof the clubmust submit an inventory of all large capacity weapons and feeding devices to the Director of Criminal Justice Information Systems.
4) The colonel or his designee may inspect all weaponsowned by the club during regular business hours.
5) Large capacity weapons may not be removed from the premises with limited exceptions.

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18
Q

Under what circumstances may non-residents possess a rifle or shotgun in Massachusetts without having been issued an FID Card or LTC?

A

1) Hunters with a sporting license during open season.
2) While at a shooting club.
3) While traveling through MA (encased and unloaded).
4) While at a firearm display(gun show).
5) To purchase a weapon from a licensed dealer.

AND he meets the requirements for possession in his stste of residence.

CH140-Sec129C

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19
Q

Under what condition may a non-resident purchase a rifle or shotgun in Massachusetts?

A

1) The buyer must be at least 18 years of age.
2) The buyer must hold a valid license from the state of residence.
3) he licensing requirement in the buyer’s state must be at least as stringent as those in Massachusetts.
4) The seller must be a licensed gun dealer.

CH140-Sec129C

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20
Q

How long of a grace period does a new resident, a resident who has been out of Massachusetts for more than 180 days or a resident who has been discharged from active service with the military have to obtain an FID Card or LTC for possession of a gun?

A

60 DAYS

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21
Q

Under what circumstances may a youth under the age of 15 shoot a rifle or shotgun?

A

1) For the purpose of hunting or target shooting.
2) While under the immediate supervision of a person with an FID Card or LTC or amember of the military service,whicl ein the performance of his duty.

CH140-Sec129C

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22
Q

Under what circumstances may a photorapher, writer or a person in a theatrical production possess a rifle or shotgun?

A

The individual must be under the immediate supervision of a person with an FID Card or LTC.

CH140-Sec129C and 131F1/2

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23
Q

After the death of a gun owner, how long of a grace period does the heir have to obtain an FID Card or LTC or to properly dispose of the inherited gun?

A

180 Days

Ch140-Sec129C

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24
Q

Under what circumstances may a non-resident possess a firearm in massachusetts without haveing been issued an FID Card or LTC?

A

1) The firearm must be possessed to attend a competition, an exhibition,a collector’s meeting, or a hunting trip.
2) The non-resident must possess a valid LTC from another state.
3) If hunting, the non-resident must hold a sporting license OR
4) The non-resident must be a law enforcement officer.

CH140-Sec131G

25
Q

What qualifies a weapon as a :FIREARM”?

A

1) Must be able to discharge a shot or bullet.
2) Must have a barrel length of LESS THAN 16 INCHES.

CH140-Sec121

26
Q

What qualifies a weapon as “RIFLE”?

A

1) Must have a RIFLED BORE.
2) Must have a barrel length of AT LEAST 16 INCHES.
3) Must be able to discharge a shot or bullet with each pull of the trigger.

CH140-Sec121

27
Q

What qualifies a weapon as a “SHOTGUN”?

A

1) Must have a barrel length of AT LEAST 18 INCHES.
2) Must have an overall length of AT LEAST 26 INCHES.
3) Must be able to discharge a shot or bullet with each pull of the trigger.
CH140-Sec121

28
Q

What defines a firearm, shotgun, or a rifle as being “large capacity”?

A

a) is semiautomatic with a fixed large capacity feeding device;
b) that is semiautomatic and capable of accepting, readily midifiable to accept, any detachable large capacity feeding device;
c) that employs a rotating cylinder capable of accepting more than 10 rounds of ammunition in a rifle or firearm and more than 5 shotgun shells in the case of a shotgun or firearm; OR
d) that is an assault weapon.

CH140-Sec121

29
Q

What is a large capacity feeding device?

A

A fixed or detachable magazine,box,drum,feed strip, or similar device capable of accepting, or that can be readily converted to accept, MORE THAN 10 ROUNDS of ammunition or MORE THAN 5 SHOTGUN SHELLS;

NOTE: The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with .22 caliber ammunition.

CH140-Sec121

30
Q

What type of weapons are exempt from large capacity status?

A

1) any weapon that was manufactured in or prior to the year 1899;
2) any weapon that operates by MANUEL bolt, pump, lever or slide action;
3) any weapon that is a SINGLE-SHOT WEAPON;
4) any weapon that has been modified so as to render it PERMANENTLY INOPERABLE or otherwise rendered permanently unable to be designed a large capacity weapon; or
5) any weapon that is an ANTIQUE OR RELIC, THEATRICAL PROP or other weapon that is NOT CAPABLE OF FIRING a projectile and which is not intended for use as a functional weapon AND CANNOT BE READILY MODIFIED through a combination of available parts into an operable large capacity weapon.

CH140-Sec121

31
Q

What qualifies a weapon as a machine gun?

A

Any weapon that may discharge multiple shots or bullets with one continous pull of the trigger.

CH140-Sec121

32
Q

What qualifies a firearm, rifle or shotgun as an “antique”?

A

1) The weapon must have been manufactured before the year 1899.
2) The weapon must not have been reconfigured to use currently available rimfire, or centerfire ammunition.
3) If the weapon meets these ctiteria it may be possessed without a license or permit at the owner’s residence or place of business.

CH140-Sec121

33
Q

What items are included under the definition of ammunition?

A

1) Items to be used with firearms, rifles, or shotguns including cartridges, cartridges cases, gun power, primers and bullets.
2) Items that emit a powder, gas, or liquid for the purpose of incapacitating such as mace, tear gas, and pepper spray.

CH140-Sec121

34
Q

Possession of a Class A License to Carry allows the holder what privileges?

A

1) Possess a loaded,large capacity firearm,rifle,or shotgun on own property.
2) Possess a loaded large capacity firearm in public(can be concelaed).
3) Possess a loaded large capacity firearm in a vehicle under immediate control.
4) Possess an unloaded and encased large capacity rifle or shotgun in public or in vehicle.
5) Possess large capacity feeding devices and ammunition.

CH140-Sec131

35
Q

Possession of a Class B License to Carry allows the holder what privileges?

A

1) Possess a loaded small capacity firearm or a large capacity rifle or shotgun on own property.
2) Possess an unloaded and unconclealed small capacity firearm in public.
3) Possess an unloaded and encased large capacity rifle or shotgun in public or in vehicle.
4) Possess a large capacity firearm at a shooting club.
5) Possess feeding devices for small capacity firearms and large capacity rifles or shotguns and ammunition.

CH140-Sec131

36
Q

Possession of an FID Card allows the holder what privileges?

A

1) Possess a small capacity firearm, rifle, or shotgun on own property.
2) Possess an unloaded and encased small capacity rifle or shotgun in public or in vehicle.
3) Possess feeding devices for small capacity firearms, rifles, and shotguns and ammunition.
4) Possess large capacity firearm, rifle, or shotgun at club under supervision of properly licensed LTC holder.

Ch140-Sec129B

37
Q

Theft of a firearm: What level of crime?

A

Felony (regardless of the weapon’s value)

Ch266-Sec 30

38
Q

What are the laws pertaining to: Discharge of a Firearm within 500 feet of a Dwelling or Building in Use.

A

1) A person may not discharge a firearm, rifle, or shotgun;
2) Within 500 feet;
3) Of a building in use or a dwelling;

There are several exceptions which include:
The person has consent from the property owner or occupant; The discharge is for theatrical, ceremonial, or athletic purposes; The discharge is at a shooting gallery or target range; The person is a law enforcement officer.

Ch269-Sec12E

39
Q

What are the laws pertaining to:

Discharging a weapon on or near a highway

A

1) A person may not discharge any firearm, rifle or shotgun or release an arrow;
2) Within 500 feet of a state or hard surfaced highway; or
3) Upon or across a state or hard surfaced roadway.

Ch131-Sec 58 Misdemeanor=arrestable in presence

40
Q

What are the laws pertaining to Hunting on the Land of Another or firing a weapon near a highway:

A

A Person Shall Not:

1) discharge any firearm or release any arrow upon or across any state or hard surfaced highway, OR WITHIN 150 FEET of any such highway, or
2) possess a loaded firearm or hunt by any means on the land of another WITHIN 500 FEET OF ANY DWELLING in use , except as authorized by the owner or occupant thereof.

CH131-Sec 58 Misdemeanor=arrestable in presence

41
Q

What are the laws pertaining to:

Carrying a Rifle or Shotgun on a Public Way

A

1) No person shall carry on a public way;
2) A loaded rifle or shotgun;
or
3) An unloaded rifle or shotgun unless secured in a case.
There are several exceptions which include:
On duty law enforcement officers or military personnel; Hunters with valid sporting licenses; Persons involved with drills or ceremonies; Licensed shooting galleries.

CH269-Sec12D Misdemeanor=arrestable in presence

42
Q

What are the laws pertaining to:

The Improper Storage of Weapons

A

1) A person stores a firearm, rifle, shotgun or machine gun;
2) Without the weapon being in a secured, locked container, or fastened with a trigger lock or other safety device.

MISDEMEANOR=if the unsecured weapon is a small capacity.
FELONY=if the weapon is large capacity or if a person under 18 years old could have access to any unsecured firearm, rifle, shotgun, or machine gun.

CH140-Sec131L

43
Q

What are the elements for Carrying a Firearm or Weapon on a Campus?

A

1) Persons other than law enforcement, MAY NOT
2) Carry any type of gn, or other dangerous weapon
3) On the grounds of an ELEMENTARY OR SECONDARY SCHOOL OR COLLEGE OR UNIVERSITY
4) Without written authorization from the person in charge.

NOTE: A school faculty member may nt knowingly fail to report such a violation.

CH269-Sec10(j): Misdemeanor

44
Q

What are the laws pertaining to:

Possession of a loaded rifle or shotgun in a vehicle, boat or airplane.

A

A properly licensed person may NOT possess a loaded rifle or shotgun in a vehicle, boat or
airplane with the following exceptions;

1) If the vehicle, boat or airplane is on land owned by the licensee.
2) If the licensee has a loaded gun in a boat to hunt waterfowl.
3) Government officials, law enforcement officers and military personnel are exempt.

CH 131-Sec 63: Misdemeanor=arrestable in presence

45
Q

What are the elements for Carrying a Firearm While Under the Influence of Liquor or Drugs?

A

1) Applies to a person with a valid LTC;
2) May not carry on person or control in a vehicle;
3) A loaded firearm;
4) While under the influence of liquor, drugs, or glue vapors.

CH269-Sec 10H: Misdemeanor

46
Q

What is the law pertaining to:

Possession of Air Rifles or BB Guns by Minors

A

1) No minor under 18 may;
2) Possess in any place the public has a right of access;
or
3) Discharge any pellets from:
4) A BB gun or air rifle

NOTE: Minors accompanied by an adult or minors in the possession of a sporting license and a permit from the Chief of Police will be exempt.

CH269-Sec12B:Misdemeanor=NO statutory right of arrest

47
Q

What is the law pertaining to:

Discharge of Air Rifles or BB Guns Over Public Way

A

1) A person who discharges a pellet or any object;
2) From an air rifle or BB gun;
3) Across or from any street, alley, public way or railroad.

CH269-Sec12B:Misdemeanor=No statutory right of arrest

48
Q

What is the law pertaining to:

Sale of a BB Gun or Air Rifle to a Minor

A

1) A person who sells or furnishes;
2) A BB gun or Air Rifle;
3) To a minor under the age of 18 years.

Parents, guardians, or adult instructors who furnish a BB gun or Air Rifle to minors will be exempt.

CH269-Sec12A: Misdemeanor=No statutory right of arrest

49
Q

What is the law pertaining to:

Inspections of Licensed Gun and Ammunition Dealers:

A

1) At least once per year the premises, the records and the inventory of the dealer must be inspected by the licensing authority.
2) The licensing authority may copy the dealer’s records.
3) The business records of gun and ammunition dealers must be made available for inspection by the licensing authority.

CH140-Sec123

50
Q

What are the Conditions for non-dealers who sell guns?

A

1) The sale must be made too a licensed dealer, a public historical museum or another properly licensed person.
2) If the sale is made to another private party several other conditions must be met:
3) The seller must be a resident who is properly licensed or exempt
4) No more than 4-guns may be sold in a calendar year, and
5) the sale must be reported within 7 Days to the Director of the Criminal Justice Information System.

CH140-Sec128A: Violations are Felonies

51
Q

What is the law pertaining to:

Trafficking of Guns

A

1) Within a 12 month period;
2) Intentionally and unlawfully;
3) A person sells, distributes, or transfers possession;
4) A minimum of 3 Guns in any combination of firearms, rifles, shotguns or machine guns.

CH269-Sec10E:Violation of this law is a FELONY

52
Q

What is the law pertaining to:

Sale of Assault Weapons

A

1) No person may possess, sell or transfer;
2) An assault weapon or a large capacity feeding device (magazine);
3) Unless that weapon or feeding device was already legally possessed on or before September 13th, 1994.

Law enforcement officers and retired law enforcement officers will be exempt.

CH140-Sec131M: Felony

53
Q

What is the law pertaining to:

Tampering With Serial Numbers

A

1) A person defaces or with the assistance of another defaces;
2) The serial number or ID number of a firearm, rifle or shotgun.
or
3) Receives a firearm, rifle or shotgun;
4) With knowledge that its serial number has been defaced.

CH269-Sec11C: Misdemeanor

54
Q

What is the law pertaining to:

Possession of a Silencer

A

1) Any person who possesses, sells, uses or disposes;
2) Any instrument designed to lessen the firing noise of any gun.

Federally licensed firearms manufacturers, members of the Massachusetts Criminal Justice Training Council or Law Enforcement agencies will be exempt.

Ch269-Sec10A: Felony

55
Q

What is the law pertaining to:

Possession of Disguised Guns

A

1) Any person who possess,sells or transfers;
2) Any weapon capable of discharging a shot or bullet;
3) That does not resemble a firearm, rifle or shotgun;
or
4) Is not detectable as a weapon by x-ray machine or metal detectors.
CH140-Sec131N: Felony

56
Q

What is the law pertaining to:

Providing False Info in Purchasing a Gun or in Applying for a License

A

1) Any person who provides a false DOB, citizenship status, occupation or criminal history;
2) In application for a license or permit;
or
3) In purchasing, renting or hiring;
4) A firearm, rifle, shotgun, or machine gun;
or
5) In requesting that work be done by a gunsmith.

CH140-Sec 129: Misdemeanor (1st Offense)
Felony (2nd Offense)

57
Q

How is the length of a barrel measured?

A

“Length of Barrel” or “Barrel Length”, that portion of a firearm, rifle or machine gun through which a shot or bullet is driven, guided or stabilized and SHALL INCLUDE THE CHAMBER.

CH140-Sec 121

58
Q

What is the definition of a sawed-off shotgun?

A

Any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels LESS THAN 18 INCHES IN LENGTH or as modified has an OVERALL LENGTH OF LESS THAN 26 INCHES.

NOTE: Possession is always a Felony

CH 140-Sec 121

59
Q

What is a violent crime for the purposes of firearms licensing?
CH 140-Sec 121

A

1) any crime punishable by imprisonment for a TERM EXCEEDING 1 YEAR, or
2) any act of juvenile delinquency involving the USE OR POSSESSION OF A DEADLY WEAPON that would be punishable by imprisonment for such term if committed by an adult,
THAT
a) has an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another;
b) is burglary, extortion, arson or kidnapping;
c) involves the use of explosives; or
d) otherwise involves conduct that presents a series risk of physical injury to another.

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