The segment will introduce the subject of firearm storage under current Massachusetts law as of the date of this posting
Consider the situation where you just purchased your first handgun spending more than what you wish to disclose to your spouse.
You come home with your new purchase sit down at your computer so that you can order a top-of-the-line concealed carry holster.
You have had your brand-new gun and ammunition for less than eight hours and you’re ready to go to bed for the evening.
The question that you need to ask yourself is where my going to put this brand-new gun and the ammunition.
I suggest that the answer is not in your underwear and socks drawer under your T-shirts. I also suggest that your socks and underwear drawer is not under your control let alone direct control.
Without getting into the issue of politics unlike many other states Massachusetts has strict requirements concerning the storage of firearms and ammunition.
Massachusetts law requires that that firearms that that are not carried on your person or that are not under your direct control be stored in a locked container that cannot be accessed by any other person other than the license holder
The full section of the law is cited below
Chapter Section 131L: Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment
Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. It shall be unlawful to store or keep any stun gun in any place unless such weapon is secured in a locked container accessible only to the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not a large capacity weapon, by a fine of not less than $1000 nor more than $7,500 or by imprisonment for not more than 1 1/2 years or by both such fine and imprisonment and, in the case of a large capacity weapon or machine gun, by a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not less than 1 1/2 years nor more than 12 years or by both such fine and imprisonment.
(c) A violation of this section shall be punished, in the case of a rifle or shotgun that is not a large capacity weapon and the weapon was stored or kept in a place where a person younger than 18 years of age who does not possess a valid firearm identification card issued under section 129B may have access without committing an unforeseeable trespass, by a fine of not less than $2,500 nor more than $15,000 or by imprisonment for not less than 1 1/2 years nor more than 12 years or by both such fine and imprisonment.
(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity weapon, firearm or machine gun that was stored or kept in a place where a person younger than 18 years of age may have access without committing an unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by imprisonment for not less than 4 years nor more than 15 years or by both such fine and imprisonment.
(e) A violation of the provisions of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a weapon, unless such person possessed a valid firearm identification card issued under section 129B and was permitted by law to possess such weapon, and such access results in the personal injury to or the death of any person.
(f) This section shall not apply to the storage or keeping of any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899, or to any replica of any such firearm, rifle or shotgun if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
Massachusetts unlike many other states also has a law regulating the type of gun locks that are approved in Massachusetts.
M.G.L. c. 140, § 131K requires that any firearm or large capacity weapon sold within the
Commonwealth must be sold with a safety device designed to prevent the discharge of such weapon by unauthorized users.
A listing of those devices are available at: https://www.mass.gov/doc/approved-firearm-safetylocking-devices-06-15-2020/download
It is highly suggested that if you need to replace a gun lock/safety device that you obtain one that is on the approved list
( HD.4420 An Act Modernizing Gun Laws seeks to modify “storage” which will be the subject of a subsequent blog)
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