Comments too large and detailed for the comments section on the granting of cert in Morin v. Lyver
I moved out of Massachusetts more than 25 years ago. While living there, I did obtain and renew a License to Carry. I never had a FID because the LTC supersedes the FID. Chapter 140 is the legislation covering issuance of the LTC and FID cards in Massachusetts. When I read your blog yesterday regarding the granting of cert in Morin v. Lyver, I forwarded the link to a friend of mine that still lives in Massachusetts and has a LTC. His response via phone conversation after reading the link was to ask what this "permit to purchase" was. Good question - I am not a lawyer but I needed to know what the current law is.
An FFL in Massachusetts will not allow you to handle a handgun at their store counter unless you first produce a valid Massachusetts LTC. Producing a valid Massachusetts FID is insufficient unless you wish to purchase a rifle or shotgun. What does the Commonwealth of Massachusetts have to say about this? Note that in Massachusetts "large capacity" refers to handguns with larger than 10 round capacity and rifles and shotguns with larger than 5 round capacity (defined in Chapter 140).
“There are different types of licenses based on the type of firearms to be possessed:
- License to Carry (LTC): Permits the purchase, possession, transportation, and carrying of all large- and non-large-capacity handguns, rifles, shotguns, and feeding devices, as well as ammunition. This is the only license that allows the carrying of concealed handguns-either loaded or unloaded.
- Firearms Identification Card (FID): Permits the purchase, possession, and transportation of non-large-capacity rifles, shotguns, and ammunition.”
So, no mention of this FID + "Permit to Purchase", but I did find something on the GunPolicy.org website which cites “Giffords Law Center to Prevent Gun Violence. 2022 ‘Licensing in Massachusetts.’ Owner Responsibilities”:
“In order to purchase a handgun or handgun feeding device (or short-barreled shotgun or rifle), the person must obtain a FID card and a "permit to purchase, rent or lease." A permit to purchase, rent or lease a handgun or short-barreled firearm is issued at the discretion of the licensing authority for "a proper purpose," is valid for only 10 days, and can be revoked at any time.
The licensing authority must send a copy of each issued permit to the commissioner of the Department of Criminal Justice Information Services within one week. When a firearms dealer transfers a handgun to a person holding a permit to purchase, rent or lease, the dealer is required to write on the permit the date and place of the transfer, and transmit the permit to the executive director of the Criminal History Systems Board.”
This website also mentions the Permit to Purchase, but cites giffords.org as the source of information:
From legislation passed in 2014 revising Chapter 140:
“ (b) firearms and feeding devices therefor, including large capacity firearms and large capacity feeding devices therefor, may be so purchased only upon presentment of: (i) a valid license to carry firearms issued pursuant to section 131; (ii) a valid firearm identification card issued pursuant to section 129B; or (iii) valid proof of exempt status under section 129C; provided, however, that neither a firearm identification card issued pursuant to said section 129B nor proof of exempt status under said section 129C shall be valid to purchase a firearm or ammunition feeding device therefor, including large capacity firearms and large capacity feeding devices therefor, without being presented together with a valid and proper permit to purchase issued under section 131A; and provided further, that an alien permit to possess a rifle or shotgun shall not be valid to purchase firearms, ammunition or ammunition feeding devices therefor; and provided further, that no firearm, ammunition or ammunition feeding device therefor shall be sold to a person younger than 21 years of age.”
“SECTION 63. The fourth paragraph of said section 131F of said chapter 140, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following 3 sentences:- A temporary license issued pursuant to this section shall be clearly marked “Temporary License to Carry Firearms” and shall not be used to purchase firearms in the commonwealth as provided in section 131E. A large capacity firearm and a large capacity feeding device therefor may be carried if the person has been issued a license. The colonel may permit a licensee to possess a large capacity rifle or shotgun or both; provided, however, that this entitlement shall be clearly indicated on the license.”
Here is the problem. A valid LTC is required to keep a handgun in the home. You may be able to purchase a handgun and transport it home with a temporary LTC, but once the term of validity expires, it is illegal to keep the handgun at home or to transport to and from a firing range to practice. You will be unable to purchase pistol ammunition once the validity expires. You could argue that 9mm Parabellum or .357 Magnum are also carbine ammunition, but a conservative FFL fearing loss of his livelihood may deny selling it to you.
It would appear that the lower court judge who granted the FID in this case bent the law defined by Chapter 140 which would prohibit issuance of either the FID or LTC. It will be interesting to see how the lower court handles this case now that it must be retried.
BTW By statute Florida prohibits possession and sale of self-defense sprays whose volume is larger than 2 ounces. I am surprised that this has not been challenged.
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