Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops

Posted by: TC66

just a general inquiry regarding firearm storage when off duty.
do policies vary regarding keeping it at the dept? or would you think this could be optional most everywhere?
thx

---

Posted by: sureshot

can be stored at home as long as it's kept locked up

---

Posted by: TC66

this inquiry was not clear.
wondering if i could leave it at the dept if I needed to?

---

Posted by: SOT

Wouldn't you just ask the department at which you work if you could store your duty gun there?

---

Posted by: mpd61

Your Glock 22 I assume? You should keep it @ home secured. Did you qualify with it yet at Holbrook?

---

Posted by: Pacman

Focus on the law. Dept. policies can be more restrictive but they can not lessen responsibilities put upon us by Mass. Law.

Chapter 140: 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. 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 $500 nor more than $5,000 or by imprisonment for not more than one year, 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 $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten 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 such weapon was stored or kept in a place where a person under the age of 18 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 $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten 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 was stored or kept in a place where a person under the age of 18 may have access, without committing an unforeseeable trespass, by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than two and one-half years, nor more than ten 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.

---

Posted by: JoninNH

So if I put it under my pillow is that under my control? j/k

---

Posted by: coldsteel

I leave my gun under my pillow so the gun fairy can leave me nice shiny Full Metal Jacket when I wake...... LOL

---

Posted by: Wolfman

The Big Brown Truck brought me a tin of 7.62x54 yesterday - and I didn't even have to put a gun under my pillow!

Talk about a big friggin' round...

---

Posted by: SOT

Oddly case law indicates that you can have the gun loaded, between the seats, with multiple prohibited persons in the car, and it within reach of them faster than you, while driving home from NH after scoring some pot in enough quantity to sell, and it is A-OK.

---

Posted by: JoninNH

What case?

---

vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser