From the Office of the Judge Advocate with Approval of the Executive Council
The following is a compendium of relevant statutes, laws, and regulations affecting or having some significance to weaponry,ammunition, black powder, and reenactment in the Commonwealth of Massachusetts.
TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.01 (2009) 22.01: Purpose and Scope
(1) 527 CMR 22.00 governs the firing of muzzle-loadingcannons during patriotic celebrations and re-enactments, and covers all suchartillery ranging from pre-Revolutionary War vintage to present-day facsimiles.This revised edition is effective January 1, 1984.
(2) 527 CMR 22.00 shall not apply to any cannon exhibit only and inwhich explosives are not being used.
(3) Ammunition for cannon shall be considered a Class C explosive when kept,handled, used, or transported for the purpose of cannon or mortar firing,provided such ammunition is in the form of prepackaged charges which do notexceed a total quantity of 20 pounds. In all other cases, ammunition forcannon, which is a Class B explosive, shall be subject to all the requirementstherefor contained in 527 CMR 13.00.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.03 (2009) 22.03: Permits (1) A permit for the supervised firing of cannon shall be issuedby the head of the fire department on permit forms furnished the firedepartments by the Department of Public Safety.
(2) Application for permit shall be submitted to the head of the firedepartment in the municipality where the supervised firing is to take place notless than 15 days in advance of firing date, and shall state whether blank-fireor live-fire. Submission of this application is a guarantee that the cannons tobe fired will be inspected by the competent operator and meet all safetyrequirements prior to firing.
(3) Upon receipt of application, the head of the fire department shall make aninvestigation of the pertinent facts set forth in application for the purposeof determining compliance with all provisions of law and of 527 CMR 22.00.Upon completion of the investigation, but not later than five days afterreceipt of application, the head of the fire department shall transmit one copyof application to the Marshal and one copy to the applicant with hisendorsement thereon in compliance with provisions of law, or his reason forwithholding such endorsement.
(4) No permit shall be issued for the supervised discharging of cannon with orwithout projectile unless the applicant exhibits a Certificate of Competencyfor Cannon Firing.
(5) No permit granted for a specific display shall be transferable.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.04 (2009) 22.04: Certificates of Competency
(1) Every supervised firing of a cannon with or without projectileshall be handled by a competent operator at least 21 years of age who holds acurrent Certificate of Competency for Cannon Firing issued by the Marshal.
(2) Any person desiring to obtain a Certificate of Competency shall makeapplication in writing to the Marshal and shall submit to such examination andtest as the Marshal may prescribe. Such certificate when issued shall continuein effect for a period of five years, and may be renewed without examinationupon prior written request of the holder, provided it has not been suspended orrevoked by the Marshal.
(3) Any violation of 527 CMR 22.00 or the terms of a permit may be causefor immediate revocation of Certificate of Competency.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.05 (2009) 22.05: Range Conditions and Other Prefiring Requisites
(1) No cannon shall be fired with ball, shot or projectile unlessa permit for live-firing has been obtained from the head of the fire departmentand only on ranges approved by the head of the fire department. Such rangesshall be clear and unobstructed between discharge point and target area and fora safe distance to the rear of target in event of an overshoot. The target areashall not exceed 250 yards from the point of discharge.
(2) There shall be no permanent building, public highway, railroad, or otherpublic way within the forward sector of a 180 degrees arc having a radius of100' from the muzzle of the cannon. A similar sector of 180 degrees directedtoward the rear 50' in radius shall be clear of all public ways, permanentbuildings, or other obstructions.
(3) It shall be the responsibility of the competent operator to determine thatthe area in which the display is to be conducted is safe and that alloperations are conducted in compliance with the requirements of 527 CMR22.00. The competent operator, head of the fire department, the Marshal, orhis authorized representative may order postponement of the display for anyviolation of 527 CMR 22.00.
(4) No discharging of any cannon shall be permitted during any windstorm inwhich the direction and velocity of the wind renders the display dangerous tothe public safety and/or surrounding property.
(5) There shall be no discharging of cannon between the hours of sunset andsunrise without prior written approval from the head of the fire department.
(6) The head of the fire department shall designate the location and type offire extinguishing equipment as may be required.
(7) No firing of any cannon may be conducted unless the crew is present inadequate numbers and is fully trained.
(8) No member of the gun crew shall be under 18 years of age.
(9) Smoking shall be prohibited in the discharge area.
(10) No person shall be allowed in the forward or flank zone of the muzzle of acannon firing a projectile within a forward sector of 120 degrees having aradius of 150% of the estimated range of the piece. No person shall be within100' of the remaining area in the 180 degrees sector forward of the muzzle.
(11) The audience at a supervised blank- or live-firing of cannon shall berestrained behind lines 50' on the flank area back of the muzzle and 50' to therear of the gun.
(12) Unless otherwise allowed by the Marshal, no piece shall be discharged withblank ammunition unless all spectators are at a safe distance from the front ofthe piece and at least 50' to the rear or flank. Adjacent pieces must be at asafe interval.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.06 (2009) 22.06: Magazines and Powder
(1) All ammunition for cannon shall be transported and temporarilystored at the firing location in the finished state in a portable magazine.Such magazine shall be constructed of at least 24-gauge sheet metal lined witha minimum of 3/4" marine plywood or other non-sparking material, and shallbe of sturdy sealed construction held together with non-sparking fastenings. Asuitable lock and hasp of non-sparking material shall be provided.
(2) In the discharge area, a ready-service box constructed of wood withnon-sparking fastenings and cover designed to be self-closing shall bepositioned at ground level approximately 20' to the rear of the piece beingserved with the hinges toward the piece.
(3) All magazines and ready-service boxes shall be closed prior to the loadingof each charge of the piece being served and adjacent pieces. Ready-serviceboxes for each gun should contain the minimum number of cartridges required forthe gun during that particular display. Magazines and ready-service boxes shallat all times be under the control of a competent member of the gun crew.
(4) No loose or bulk powder other than priming powder in quantities notexceeding ounce shall be used in the firing of any cannon, and no loose or bulkpowder shall be transported or stored in any portable magazine with charges.
(5) All charges shall be made up of commercially manufactured black powderonly, and such charges prepared for the demonstration firing shall be made ofcompletely combustible material or a non-combustible material such as foil. Thecompletely combustible charge shall be encased in aluminum foil or otherspark-proof material which shall be removed at the muzzle of the cannon in thecase of display firing. No wadding of any kind is permitted in blank firing.
(6) The amount of black powder used in each charge shall be such as to notpresent an undue hazard to persons, property, or the piece itself.
(a) In no case shall any charge for cannons exceed four ounces of power perinch of bore diameter.
(b) Powder charges for mortars shall not exceed four ounces per inch of chamberdiameter.
CODEOF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.07 (2009) 22.07: Firing of Cannons
(1) No torch or open-flame device shall be used to ignite anycharge to be fired from a cannon.
(2) All cannons used to fire a projectile shall be provided with an instantsource of ignition such as an electrical squib or bridge wire or percussion capor other approved instant firing device.
Exception to the foregoing shall apply to the use of fuses for the firing ofmortars.
(3) No firing of any cannon shall be conducted unless the weapon contains aseamless steel safety sleeve and has been magnafluxed or tested by other meansto insure it is in safe operating condition. Original guns including originalbrass or bronze guns without safety sleeves may be used provided they have beentested by magnafluxing or X-ray or other equivalent procedure.
(4) Projectiles shall not be so constructed as to develop any unsafe pressures;and no combustible, explosive, or pyrotechnic projectiles may be used.
(5) The maximum rate of fire of any cannon shall not exceed one round in threeminutes. Reloading shall not commence until a minimum of two minutes haselapsed since the worming and wet sponging has been completed after firing.
(6) The piece shall be wormed and wet sponged between shots and the ventstopped from the time the worm enters the muzzle until the rammer is removedfrom the bore after the cartridge is rammed in blank-firing, or the projectileis rammed in live-firing.
(7) At no time shall any cannon be moved or left unattended while loaded orduring a misfire until the piece has been cleared.
(8) In the event of a misfire, the following steps shall be taken by thecompetent operator:
(a) The gunner shall give an audible warning.
(b) No personnel shall approach the front of the muzzle.
(c) A mandatory three minute cooling off period shall be observed.
(d) The piece shall be reprimed from a safe position and a repeated attemptmade to fire the piece.
(e) If the attempt to refire the piece is unsuccessful, the piece shall beflooded with water through the vent and allowed to soak for a period of atleast one hour unless the water or compressed gas can be used to flush thecharge out of the muzzle.
(f) The projectile and/or charge shall be removed through the muzzle.
(9) If, after a display, the competent operator has reason to believe thatthere are any unignited charges or remnants thereof containing explosives inthe area, he shall make a thorough search of the area for such explosives. Theresponsibility for disposition of same shall be assumed by the competentoperator.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 527: BOARD OF FIRE PREVENTION REGULATIONS CHAPTER 22.00: CANNON OR MORTAR FIRING 527 CMR 22.08 (2009) 22.08: General Provisions
(1) Any explosion, fire, or other accident occurring in connectionwith the keeping, storage, manufacture, handling, transportation, superviseddisplay or other disposition of ammunition for cannon causing loss of life orinjury to any person or damage to property shall be immediately reported to theMarshal by the competent operator, giving a detailed account of same andconfirmed in writing.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 510: OFFICE OF THE ADJUTANT GENERAL CHAPTER 2.00: DRILL OR PARADE WITH FIREARMS OR HARMLESS IMITATIONS THEREOF 510 CMR 2.01 (2009) 2.01: Information
(1) References. M.G.L. c. 33, §§ 129, 130, 131.
(2) Purpose. The purpose of 510 CMR 2.00 is to prescribe the standardsand conditions under which bodies of citizens of the United States, or foreigntroops to whose admission to the United States the government of the UnitedStates has consented, may drill or parade with firearms of harmless imitationsthereof, or use a state armory or air installation for drill or training.
(3) Definitions. For the purpose of 510 CMR 2.00, the following termsshall have these meanings respectively assigned to them:
(a) Historic Units. Such bodies of citizens of the United States as have associatedtogether to participate in drills or parades or other commemorative ceremoniesand events to honor and perpetuate the memory and tradition of a formermilitary unit of the Colony or Commonwealth of Massachusetts or othergovernmental authority.
(b) Firearms. Muskets, fowling pieces, rifles, pistols, Colonial or Civil Warcannon or mortars or other weapons of similar type, or replicas thereof,commonly carried by the original military unit whose memory and tradition isbeing perpetuated. (Attention is called to the fact that this definition doesnot change in any way the definition of the word "firearm" as itappears in M.G.L. c. 140, § 121, or the effect of that definition in M.G.L.c. 140 § 121 in connection with the gun laws of the Commonwealth ofMassachusetts).
(c) Weapons. Instruments of offensive or defensive combat such as firearms,cannon, knives, swords, daggers, bayonets, pikes, spontoons, halberds, etc.
(d) Foreign Troops. Bodies of troops of nations other than the United States.
Nonresident. A unit located in, or an individual residing in, a state of theUnited States or Territory of the United States other than Massachusetts.
(4) Precedence.
(a) 510 CMR 2.00 may not be interpreted so as to rescind, revoke, alteror modify any existing law or statute or rule or regulation. Current laws,statutes and rules and regulations of the Commonwealth of Massachusetts and itsagencies, which may apply to historic units, include but are not limited to thefollowing:
Rules and Regulations, FORM FPR-12, of the Board of Fire PreventionRegulations, Massachusetts Department of Public Safety, governing the keeping,storage, use, manufacture, sale, handling, transportation or other dispositionof explosives (527 CMR 13.00).
(b) No provision of 510 CMR 2.00 may be interpreted so as to rescind,revoke, alter or modify the authority of any city or town to require permits,licenses or other approvals for drills, parades, or other appearances with orwithout weapons, powder or other ammunition, or ball, shot, or other projectilewithin their city or town boundaries.
(c) No provision of 510 CMR 2.00 can affect in any way theresponsibility of historic units, or individual members thereof, to possess allnecessary Firearms Identification cards or Licenses to Carry Firearms requiredby the laws of the Commonwealth of Massachusetts.
(d) Historic units possessing Colonial or Civil War cannon or mortars, orreplicas thereof, are advised that they must become familiar with and complywith all pertinent rules and regulations of the Commonwealth of MassachusettsDepartment of Public Safety governing the supervised discharging of cannon andmortars with or without projectile.
(5) Severability. If any provision of 510 CMR 2.00 or applicationthereof to any historic units, foreign troops, or circumstances, is heldinvalid, such invalidity shall not affect other provisions or applications of 510CMR 2.00 which can be given effect without the invalid provision orapplication, and to that end the provisions of 510 CMR 2.00 areseverable.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 510: OFFICE OF THE ADJUTANT GENERAL CHAPTER 2.00: DRILL OR PARADE WITH FIREARMS OR HARMLESS IMITATIONS THEREOF 510 CMR 2.02 (2009) 2.02: Rules
(1) Bodies of citizens of the United States, resident inMassachusetts, desiring to drill or parade with firearms or harmless imitationsthereof must obtain prior written approval from The Adjutant General ofMassachusetts. This approval, unless otherwise stated, will for a period ofthree years. Requests for this approval must be submitted in writing to TheAdjutant General of Massachusetts and must include the following:
(a) A certificate executed by the unit commander that all members of the unitwho will drill or parade with firearms or harmless imitations thereof arecognizant of and will comply with the pertinent laws and rules and regulationsof the Commonwealth of Massachusetts, the Department of Public Safety, and with510 CMR 2.00, that all members of the unit who will drill or parade withfirearms or harmless imitations thereof have received adequate safetyinstruction and training in the type of weapons and explosives they will carryand that no member will be permitted to carry weapons or explosives unless heis so cognizant and has received such training.
(b) The names, addresses, and telephone numbers of the unit commander, secondin command, and Safety Officer.
(c) A copy of the city or town proclamation, resolution, or other document, ifany, sanctioning the unit.
(d) A list of the types of weapons and number (not serial or manufacturersnumber) of each possessed by the unit, or possessed by unit members for usewith the unit, to include weapons planned to be obtained by the unit or by unitmembers for use with the unit.
(2) Until further notice The Adjutant General will accept safety instructionand training certifications required by 510 CMR 2.02(1) which are basedon courses of instruction and training given by the Council of Minute Men, the10th Regiment of Foot, or other qualified organizations, units, or individuals.Certifications should show the background and qualification of all instructorsand should be in sufficient detail to show that, as a minimum, the instructionand training covered nomenclature and characteristics of the weapon; cartridgemaking to include amount of powder, type of paper or foil, and method ofcarrying powder; cleaning, assembly and disassembly of weapon; employment ofedged weapons; manual of arms; periodic weapons condition safety checks;methods of carrying muskets and other weapons in and out of formation; misfireand hangfire procedures; and special precautions for operations in closeproximity to spectators and the general public.
(3) When approval of The Adjutant General is given to a body of citizens of theUnited States to drill or parade with firearms or harmless imitations thereof,unless otherwise stated it will be for a period of three years. Requests forrenewal of the approval must be made in writing to The Adjutant General atleast 90 days prior to expiration and must include a re-statement of thecertifications and an updating of the weapons list.
(4)(a) Bodies of citizens of the United States, nonresident in Massachusetts,desiring to drill or parade with firearms or harmless imitations thereof inMassachusetts must obtain prior written approval from The Adjutant General ofMassachusetts. This approval will normally be for the period of the visit orvisits of the nonresident historic unit to Massachusetts. Requests for thisapproval must be submitted in writing to The Adjutant General of Massachusettsand must include the following:
1. A certificate that all members of the unit who will drill or parade withfirearms or harmless imitations thereof are cognizant of and will comply withthe pertinent laws and rules and regulations of the Commonwealth ofMassachusetts, the Massachusetts Department of Public Safety, and with 510CMR 2.00, that all members of the unit who will drill or parade withfirearms or harmless imitations thereof in Massachusetts have received adequatesafety instruction and training in the type of weapons and explosives they willcarry, and that no member will be permitted to carry weapons or explosives inMassachusetts unless he is so cognizant and has received such training.
2. The names, addresses, and telephone numbers of the unit commander, second incommand, and Safety Officer.
3. A list of the type of weapons and number (not serial or manufacturersnumber) of each that will be brought into Massachusetts by the units and itsmembers.
4. A copy of the Massachusetts city or town license or permit to parade withfirearms or harmless imitations thereof, or a copy of the invitation frommunicipal officials or Bicentennial officials, or other appropriatecorrespondence.
5. A brief description of the unit's planned itinerary and time schedule withinMassachusetts with sufficient information to permit the unit to be contacted,if necessary, in the event of emergency, by the Office of The Adjutant Generalof Massachusetts.
(b) Nonresident historic units are responsible for determining from theMassachusetts Department of Public Safety or other appropriate Massachusettspolice or fire authorities the precise nature of application or exemptions fromMassachusetts weapons or explosives laws, if any, applicable to them because oftheir nonresident status, and will ensure that reasonable and effectiveprocedures are implemented to guard against possible loss or theft of theirweapons while in Massachusetts.
(5) Foreign troops may drill or parade with firearms or harmless imitationsthereof provided The Adjutant General of Massachusetts in advance of such drillor parade is furnished sufficient documentation to show that the government ofthe United States has consented to their admission to the United States. TheAdjutant General will not approve nor consent to the use, carrying or dischargeof simulated, blank or live ammunition by foreign troops except at firingranges or at ceremonies approved by him in writing in advance. In all casesinvolving foreign troops and the use of live ammunition of any type, TheAdjutant General may have a commissioned officer of the militia forces of theCommonwealth present at such firing.
(6) Any person, body of citizens of the United States, or foreign troops,denied approval or renewal by The Adjutant General, or aggrieved by hisdecision with regard to any requirement or condition imposed, shall have theright of review of such denial, requirement or condition, by making a requestin writing to The Adjutant General for such review within 60 days of notificationof such denial, requirement or condition. In the event of such request forreview The Adjutant General, within 30 days of its receipt, shall notify therequestor of the time and place for the conduct of the review. The requestormay attend this review, and may submit such testimonial or documentary evidenceas he deems necessary.
ALM GL ch. 140, § 121 (2008) § 121. Definitions; Application for License or IdentificationCard; Exceptions.
As used in sections 122 to 131P, inclusive, the following wordsshall, unless the context clearly requires otherwise, have the followingmeanings:--
"Ammunition", cartridges or cartridge cases,primers (igniter), bullets or propellant powder designed for use in anyfirearm, rifle or shotgun. The term "ammunition" shall also mean teargas cartridges, chemical mace or any device or instrument which contains oremits a liquid, gas, powder or any other substance designed to incapacitate.
"Assault weapon", shall have the same meaning as asemiautomatic assault weapon as defined in the federal Public Safety andRecreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30)as appearing in such section on September 13, 1994, and shall include, but notbe limited to, any of the weapons, or copies or duplicates of the weapons, ofany caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) ActionArms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70);(iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10,M-11, M-11/9 and M-12; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 andTEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, theStreet Sweeper and Striker 12; provided, however, that the term assault weaponshall not include: (i) any of the weapons, or replicas or duplicates of suchweapons, specified in appendix A to 18 U.S.C. section 922 as appearingin such appendix on September 13, 1994, as such weapons were manufactured onOctober 1, 1993; (ii) any weapon that is operated by manual bolt, pump, leveror slide action; (iii) any weapon that has been rendered permanently inoperableor otherwise rendered permanently unable to be designated a semiautomaticassault weapon; (iv) any weapon that was manufactured prior to the year 1899;(v) any weapon that is an antique or relic, theatrical prop or other weaponthat is not capable of firing a projectile and which is not intended for use asa functional weapon and cannot be readily modified through a combination ofavailable parts into an operable assault weapon; (vi) any semiautomatic riflethat cannot accept a detachable magazine that holds more than five rounds ofammunition; or (vii) any semiautomatic shotgun that cannot hold more than fiverounds of ammunition in a fixed or detachable magazine.
"Conviction", a finding or verdict of guilt or aplea of guilty, whether or not final sentence is imposed.
"Firearm", a pistol, revolver or other weapon ofany description, loaded or unloaded, from which a shot or bullet can bedischarged and of which the length of the barrel or barrels is less than 16inches or 18 inches in the case of a shotgun as originally manufactured;provided, however, that the term firearm shall not include any weapon that is:(i) constructed in a shape that does not resemble a handgun, short-barreledrifle or short-barreled shotgun including, but not limited to, covert weaponsthat resemble key-chains, pens, cigarette-lighters or cigarette-packages; or(ii) not detectable as a weapon or potential weapon by x-ray machines commonlyused at airports or walk- through metal detectors.
"Gunsmith", any person who engages in the businessof repairing, altering, cleaning, polishing, engraving, blueing or performingany mechanical operation on any firearm, rifle, shotgun or machine gun.
"Imitation firearm", any weapon which is designed,manufactured or altered in such a way as to render it incapable of discharginga shot or bullet.
"Large capacity feeding device", (i) a fixed ordetachable magazine, box, drum, feed strip or similar device capable ofaccepting, or that can be readily converted to accept, more than ten rounds ofammunition or more than five shotgun shells; or (ii) a large capacityammunition feeding device as defined in the federal Public Safety andRecreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(31)as appearing in such section on September 13, 1994. The term "largecapacity feeding device" shall not include an attached tubular devicedesigned to accept, and capable of operating only with, .22 caliber ammunition.
"Large capacity weapon", any firearm, rifle orshotgun: (i) that is semiautomatic with a fixed large capacity feeding device;(ii) that is semiautomatic and capable of accepting, or readily modifiable toaccept, any detachable large capacity feeding device; (iii) that employs arotating cylinder capable of accepting more than ten rounds of ammunition in arifle or firearm and more than five shotgun shells in the case of a shotgun orfirearm; or (iv) that is an assault weapon. The term "large capacityweapon" shall be a secondary designation and shall apply to a weapon inaddition to its primary designation as a firearm, rifle or shotgun and shallnot include: (i) any weapon that was manufactured in or prior to the year 1899;(ii) any weapon that operates by manual bolt, pump, lever or slide action;(iii) any weapon that is a single-shot weapon; (iv) any weapon that has beenmodified so as to render it permanently inoperable or otherwise renderedpermanently unable to be designated a large capacity weapon; or (v) any weaponthat is an antique or relic, theatrical prop or other weapon that is notcapable of firing a projectile and which is not intended for use as afunctional weapon and cannot be readily modified through a combination ofavailable parts into an operable large capacity weapon.
"Length of barrel" or "barrel length",that portion of a firearm, rifle, shotgun or machine gun through which a shotor bullet is driven, guided or stabilized and shall include the chamber.
"Licensing authority", the chief of police or theboard or officer having control of the police in a city or town, or personsauthorized by them.
"Machine gun", a weapon of any description, bywhatever name known, loaded or unloaded, from which a number of shots orbullets may be rapidly or automatically discharged by one continuous activationof the trigger, including a submachine gun.
"Purchase" and "sale" shall includeexchange; the word "purchaser" shall include exchanger; and the verbs"sell" and "purchase", in their different forms and tenses,shall include the verb exchange in its appropriate form and tense.
"Rifle", a weapon having a rifled bore with abarrel length equal to or greater than 16 inches and capable of discharging ashot or bullet for each pull of the trigger.
"Sawed-off shotgun", any weapon made from ashotgun, whether by alteration, modification or otherwise, if such weapon asmodified has one or more barrels less than 18 inches in length or as modifiedhas an overall length of less than 26 inches.
"Semiautomatic", capable of utilizing a portion ofthe energy of a firing cartridge to extract the fired cartridge case andchamber the next round, and requiring a separate pull of the trigger to fireeach cartridge.
"Shotgun", a weapon having a smooth bore with abarrel length equal to or greater than 18 inches with an overall length equalto or greater than 26 inches, and capable of discharging a shot or bullet foreach pull of the trigger.
"Violent crime", shall mean any crime punishable byimprisonment for a term exceeding one year, or any act of juvenile delinquencyinvolving the use or possession of a deadly weapon that would be punishable byimprisonment for such term if committed by an adult, that: (i) has as anelement the use, attempted use or threatened use of physical force or a deadlyweapon against the person of another; (ii) is burglary, extortion, arson orkidnapping; (iii) involves the use of explosives; or (iv) otherwise involvesconduct that presents a serious risk of physical injury to another.
"Weapon", any rifle, shotgun or firearm.
Where the local licensing authority has the power to issue licenses or cardsunder this chapter, but no such licensing authority exists, any resident orapplicant may apply for such license or firearm identification card directly tothe colonel of state police and said colonel shall for this purpose be thelicensing authority.
The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131Band 131E shall not apply to:
(A) any firearm, rifle or shotgun manufactured inor prior to the year 1899;
(B) any replica of any firearm, rifle or shotgundescribed in clause (A) if such replica: (i) is not designed or redesigned forusing rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfireor conventional centerfire fixed ammunition which is no longer manufactured inthe United States and which is not readily available in the ordinary channelsof commercial trade; and
(C) manufacturers or wholesalers of firearms,rifles, shotguns or machine guns.
No person shall sell, or keep or offer for sale, or have in hispossession, or under his control, or use, or explode, or cause to explode, anycombustible or explosive composition or substance, or any combination of suchcompositions or substances, or any other article, which was prepared for thepurpose of producing a visible or audible effect by combustion, explosion,deflagration, or detonation.
For the purposes of this section the word "fireworks" shall includecompositions, substances or other articles and shall also include blankcartridges or toy cannons in which explosives are used, the type of toy balloonwhich requires fire underneath to propel the same, firecrackers, cherry bombs,silver salutes, M-80's, torpedoes, sky-rockets, Roman candles, sparklers,rockets, wheels, colored fires, fountains, mines, serpents, or other fireworksof like construction or any fireworks containing any explosive or flammablecompound, or any tablets or other device containing any explosive substance.
Whoever shall sell or keep for sale or offer for sale any fireworks inviolation of this section shall be punished by a fine of not less than onehundred dollars nor more than one thousand dollars or by imprisonment for notmore than one year or both. Any officer qualified to serve criminal process mayarrest without a warrant any person who shall sell or keep for sale or offerfor sale any fireworks in violation of this section and any fireworks found inhis possession or under his control upon conviction of such a violation shallbe forfeited to the commonwealth.
Whoever shall have in his possession or under his control, or whoever shall useor explode or cause to explode any fireworks in violation of this section shallbe punished by a fine of not less than ten dollars nor more than one hundreddollars. Any officer qualified to serve criminal process shall seize all of thefireworks mentioned herein without a warrant, and the fireworks seized shall,upon conviction of such violation, be forfeited to the commonwealth.
Notice of such seizure of the fireworks shall immediately be sent to themarshal by the officer making the seizure, and the fireworks seized shall beheld and securely stored by the department until the marshal or his authorizedrepresentative takes them into his possesssion for disposal.
The term "fireworks" as used herein shall not include toy pistols,toy canes, toy guns or other devices in which paper caps or plastic capscontaining twenty-five hundredths grains or less of explosive compound areused, if they are so constructed that the hand cannot come in contact with thecap when in place for the explosion, or toy pistol paper caps or plastic capswhich contain less than twenty hundredths grains of explosive mixture, the saleand use of which shall be permitted at all times; and provided, further, thatthis section shall not apply (1) to the sale of any fireworks to be shippeddirectly out of the commonwealth, or (2) to the sale of any such article forthe use of, and its use by, persons having obtained a permit for a superviseddisplay of such fireworks from the marshal or some officer designated by himtherefor, under any provision of section thirty-nine A, or (3) to the sale offlares, lanterns or fireworks for the use of, and their use by, railroads,railways, boats, motor vehicles or other transportation agencies, or otheractivity, lawfully permitted or required to use any or all of such articles forsignal purposes, illumination or otherwise, or (4) to the sale or use of blankcartridges for a duly licensed show or theatre or for signal or ceremonialpurposes in athletics or sports, or to the sale of special blank cartridges andtheir use in the proper operation of industrial tools and equipment only, or(5) to experiments at a factory for explosives, or (6) to the sale of blankcartridges for the use of, or their use by, the militia or any organization ofwar veterans or other organizations authorized by law to parade in public, acolor guard armed with firearms, or (7) in teaching the use of firearms byexperts, or (8) to the sale of shells for firearms, cartridges, gunpowder, andfor the purpose of using, and their use, or in connection with the hunting ofgame or in target practice with firearms, or (9) to farmers and fruit growerswho, having obtained a permit under section thirteen of chapter forty-eight,use firecrackers for the control of damage to their crops by birds.
ALM GL ch. 269, § 10 (2008) § 10. Penalty for Unlawfully Carrying Dangerous Weapons,Possessing Machine Gun, etc.
(a) Whoever, except as provided or exempted by statute,knowingly has in his possession; or knowingly has under his control in avehicle; a firearm, loaded or unloaded, as defined in section one hundred andtwenty-one of chapter one hundred and forty without either:
(1) being present in or on his residence or placeof business; or
(2) having in effect a license to carry firearmsissued under section one hundred and thirty-one of chapter one hundred andforty; or
(3) having in effect a license to carry firearmsissued under section one hundred and thirty-one F of chapter one hundred andforty; or
(4) having complied with the provisions ofsections one hundred and twenty-nine C and one hundred and thirty-one G ofchapter one hundred and forty; or
(5) having complied as to possession of an airrifle or BB gun with the requirements imposed by section twelve B; and whoeverknowingly has in his possession; or knowingly has under control in a vehicle; arifle or shotgun, loaded or unloaded, without either:
(1) being present in or on hisresidence or place of business; or
(2) having in effect a licenseto carry firearms issued under section one hundred and thirty-one of chapterone hundred and forty; or
(3) having in effect a licenseto carry firearms issued under section one hundred and thirty-one F of chapterone hundred and forty; or
(4) having in effect a firearmsidentification card issued under section one hundred and twenty-nine B ofchapter one hundred and forty; or
(5) having complied with therequirements imposed by section one hundred and twenty-nine C of chapter onehundred and forty upon ownership or possession of rifles and shotguns; or
(6) having complied as topossession of an air rifle or BB gun with the requirements imposed by sectiontwelve B; shall be punished by imprisonment in the state prison for not lessthan two and one-half years nor more than five years, or for not less than 18months nor more than two and one-half years in a jail or house of correction.The sentence imposed on such person shall not be reduced to less than 18months, nor suspended, nor shall any person convicted under this subsection beeligible for probation, parole, work release, or furlough or receive anydeduction from his sentence for good conduct until he shall have served 18months of such sentence; provided, however, that the commissioner of correctionmay on the recommendation of the warden, superintendent, or other person incharge of a correctional institution, grant to an offender committed under thissubsection a temporary release in the custody of an officer of such institutionfor the following purposes only: to attend the funeral of a relative; to visita critically ill relative; or to obtain emergency medical or psychiatricservice unavailable at said institution. Prosecutions commenced under thissubsection shall neither be continued without a finding nor placed on file.
No person having in effect a license to carry firearms forany purpose, issued under section one hundred and thirty-one or section onehundred and thirty-one F of chapter one hundred and forty shall be deemed to bein violation of this section.
The provisions of section eighty-seven of chapter two hundredand seventy-six shall not apply to any person seventeen years of age or older,charged with a violation of this subsection, or to any child between agesfourteen and seventeen so charged, if the court is of the opinion that theinterests of the public require that he should be tried as an adult for suchoffense instead of being dealt with as a child.
The provisions of this subsection shall not affect thelicensing requirements of section one hundred and twenty-nine C of chapter onehundred and forty which require every person not otherwise duly licensed orexempted to have been issued a firearms identification card in order to possessa firearm, rifle or shotgun in his residence or place of business.
(b) Whoever, except as provided by law, carries on his person, orcarries on his person or under his control in a vehicle, any stiletto, dagger,or a device or case which enables a knife with a locking blade to be drawn at alocked position, any ballistic knife, or any knife with a detachable bladecapable of being propelled by any mechanism, dirk knife, any knife having adouble-edged blade, or a switch knife, or any knife having an automatic springrelease device by which the blade is released from the handle, having a bladeof over one and one-half inches, or a slung shot, blowgun [,] blackjack,metallic knuckles or knuckles of any substance which could be put to the sameuse with the same or similar effect as metallic knuckles, nunchaku, zoobow,also known as klackers or kung fu sticks, or any similar weapon consisting oftwo sticks of wood, plastic or metal connected at one end by a length of rope,chain, wire or leather, a shuriken or any similar pointed starlike objectintended to injure a person when thrown, or any armband, made with leatherwhich has metallic spikes, points or studs or any similar device made from anyother substance or a cestus or similar material weighted with metal or othersubstance and worn on the hand, or a manrikigusari or similar length of chainhaving weighted ends; or whoever, when arrested upon a warrant for an allegedcrime, or when arrested while committing a breach or disturbance of the publicpeace, is armed with or has on his person, or has on his person or under hiscontrol in a vehicle, a billy or other dangerous weapon other than those hereinmentioned and those mentioned in paragraph (a), shall be punished byimprisonment for not less than two and one-half years nor more than five yearsin the state prison, or for not less than six months nor more than two andone-half years in a jail or house of correction, except that, if the courtfinds that the defendant has not been previously convicted of a felony, he maybe punished by a fine of not more than fifty dollars or by imprisonment for notmore than two and one-half years in a jail or house of correction.
(c) Whoever, except as provided by law, possesses a machine gun, asdefined in section one hundred and twenty-one of chapter one hundred and forty,without permission under section one hundred and thirty-one of said chapter onehundred and forty; or whoever owns, possesses or carries on his person, orcarries on his person or under his control in a vehicle, a sawed-off shotgun,as defined in said section one hundred and twenty-one of said chapter one hundredand forty, shall be punished by imprisonment in the state prison for life, orfor any term of years provided that any sentence imposed under the provisionsof this paragraph shall be subject to the minimum requirements of subsection(a).
(d) Whoever, after having been convicted of any of the offenses setforth in paragraph (a), (b) or (c) commits a like offense or any other of thesaid offenses, shall be punished by imprisonment in the state prison for notless than five years nor more than seven years; for a third such offense, byimprisonment in the state prison for not less than seven years nor more thanten years; and for a fourth such offense, by imprisonment in the state prisonfor not less than ten years nor more than fifteen years. The sentence imposedupon a person, who after a conviction of an offense under paragraph (a), (b) or(c) commits the same or a like offense, shall not be suspended, nor shall anyperson so sentenced be eligible for probation or receive any deduction from hissentence for good conduct.
(e) Upon conviction of a violation of this section, the firearm orother article shall, unless otherwise ordered by the court, be confiscated bythe commonwealth. The firearm or article so confiscated shall, by the authorityof the written order of the court be forwarded by common carrier to the colonelof the state police, who, upon receipt of the same, shall notify said court orjustice thereof. Said colonel may sell or destroy the same, except that anyfirearm which may not be lawfully sold in the commonwealth shall be destroyed,and in the case of a sale, after paying the cost of forwarding the article,shall pay over the net proceeds to the commonwealth.
(f) The court shall, if the firearm or other article was lost by orstolen from the person lawfully in possession of it, order its return to suchperson.
(g) Whoever, within this commonwealth, produces for sale, deliversor causes to be delivered, orders for delivery, sells or offers for sale, orfails to keep records regarding, any rifle or shotgun without complying withthe requirement of a serial number, as provided in section one hundred andtwenty-nine B of chapter one hundred and forty, shall for the first offense bepunished by confinement in a jail or house of correction for not more than twoand one-half years, or by a fine of not more than five hundred dollars.
(h)(1) Whoever owns, possesses or transfers afirearm, rifle, shotgun or ammunition without complying with the provisions of section129C of chapter 140 shall be punished by imprisonment in a jail or house ofcorrection for not more than 2 years or by a fine of not more than $500.Whoever commits a second or subsequent violation of this paragraph shall bepunished by imprisonment in a house of correction for not more than 2 years orby a fine of not more than $1,000, or both. Any officer authorized to makearrests may arrest without a warrant any person whom the officer has probablecause to believe has violated this paragraph.
(2) Any person who leaves a firearm, rifle,shotgun or ammunition unattended with the intent to transfer possession of suchfirearm, rifle, shotgun or ammunition to any person not licensed under section129C of chapter 140 or section 131 of chapter 140 for the purpose ofcommitting a crime or concealing a crime shall be punished by imprisonment in ahouse of correction for not more than 21/2 years or in state prison for notmore than 5 years.
(i) Whoever knowingly fails to deliver or surrender a revoked orsuspended license to carry or possess firearms or machine guns issued under theprovisions of section one hundred and thirty-one or one hundred and thirty-oneF of chapter one hundred and forty, or firearm identification card, or receiptfor the fee for such card, or a firearm, rifle, shotgun or machine gun, asprovided in section one hundred and twenty-nine D of chapter one hundred andforty, unless an appeal is pending, shall be punished by imprisonment in a jailor house of correction for not more than two and one-half years or by a fine ofnot more than one thousand dollars.
(j) Whoever, not being a law enforcement officer, andnotwithstanding any license obtained by him under the provisions of chapter onehundred and forty, carries on his person a firearm as hereinafter defined,loaded or unloaded or other dangerous weapon in any building or on the groundsof any elementary or secondary school, college or university without thewritten authorization of the board or officer in charge of such elementary orsecondary school, college or university shall be punished by a fine of not morethan one thousand dollars or by imprisonment for not more than one year, orboth. For the purpose of this paragraph, "firearm" shall mean any pistol,revolver, rifle or smoothbore arm from which a shot, bullet or pellet can bedischarged by whatever means.
Any officer in charge of an elementary or secondary school, college oruniversity or any faculty member or administrative officer of an elementary orsecondary school, college or university failing to report violations of thisparagraph shall be guilty of a misdemeanor and punished by a fine of not morethan five hundred dollars.
(k) [None]
(l) The provisions of this section shall be fully applicable to anyperson proceeded against under section seventy-five of chapter one hundred andnineteen and convicted under section eighty-three of chapter one hundred andnineteen, provided, however, that nothing contained in this section shallimpair, impede, or affect the power granted any court by chapter one hundredand nineteen to adjudicate a person a delinquent child, including the power sogranted under section eighty-three of said chapter one hundred and nineteen.
(m) Notwithstanding the provisions of paragraph (a) or (h), anyperson not exempted by statute who knowingly has in his possession, orknowingly has under his control in a vehicle, a large capacity weapon or largecapacity feeding device therefor who does not possess a valid Class A or ClassB license to carry firearms issued under section 131 or 131F ofchapter 140, except as permitted or otherwise provided under this sectionor chapter 140, shall be punished by imprisonment in a state prison for notless than two and one-half years nor more than ten years. The possession of avalid firearm identification card issued under section 129B shall not be adefense for a violation of this subsection; provided, however, that any suchperson charged with violating this paragraph and holding a valid firearmidentification card shall not be subject to any mandatory minimum sentenceimposed by this paragraph. The sentence imposed upon such person shall not bereduced to less than one year, nor suspended, nor shall any person convictedunder this subsection be eligible for probation, parole, furlough, work releaseor receive any deduction from his sentence for good conduct until he shall haveserved such minimum term of such sentence; provided, however, that thecommissioner of correction may, on the recommendation of the warden, superintendentor other person in charge of a correctional institution or the administrator ofa county correctional institution, grant to such offender a temporary releasein the custody of an officer of such institution for the following purposesonly: (i) to attend the funeral of a spouse or next of kin; (ii) to visit acritically ill close relative or spouse; or (iii) to obtain emergency medicalservices unavailable at such institution. Prosecutions commenced under thissubsection shall neither be continued without a finding nor placed on file. Theprovisions of section 87 of chapter 276 relative to the power of thecourt to place certain offenders on probation shall not apply to any person 17years of age or over charged with a violation of this section.
The provisions of this paragraph shall not apply to the possession of a largecapacity weapon or large capacity feeding device by (i) any officer, agent oremployee of the commonwealth or any other state or the United States, includingany federal, state or local law enforcement personnel; (ii) any member of themilitary or other service of any state or the United States; (iii) any dulyauthorized law enforcement officer, agent or employee of any municipality ofthe commonwealth; (iv) any federal, state or local historical society, museumor institutional collection open to the public; provided, however, that anysuch person described in clauses (i) to (iii), inclusive, is authorized by acompetent authority to acquire, possess or carry a large capacity semiautomaticweapon and is acting within the scope of his duties; or (v) any gunsmith dulylicensed under the applicable federal law.
(n) Whoever violates paragraph (a) or paragraph (c), by means of aloaded firearm, loaded sawed off shotgun or loaded machine gun shall be furtherpunished by imprisonment in the house of correction for not more than 21/2years, which sentence shall begin from and after the expiration of the sentencefor the violation of paragraph (a) or paragraph (c).
(o) For purposes of this section, "loaded" shall meanthat ammunition is contained in the weapon or within a feeding device attachedthereto.
For purposes of this section, "ammunition" shall mean cartridges orcartridge cases, primers (igniter), bullets or propellant powder designed foruse in any firearm, rifle or shotgun.
CODE OF MASSACHUSETTS REGULATIONS * This document reflects all regulations in effect as of Jan. 9, 2009 * TITLE 950: OFFICE OF THE SECRETARY OF THE COMMONWEALTH CHAPTER 34.00: COMMONWEALTH OF MASSACHUSETTS FLAGS, ARMS AND SEALSPECIFICATIONS 950 CMR 34.01 (2009) 34.01: General Requirements
(1) The legal descriptions of the state flag, Governor's flag,naval and maritime flag, and the coat of arms and seal of Massachusetts and theauthority under which the present specifications for them are issued may befound in M.G.L. c. 2, §§ 1 -6.
(a) The coat of arms of the commonwealth shall consist of a blue shield with anIndian thereon, dressed in a shirt, leggings, and moccasins, holding in hisright hand a bow, and in his left hand an arrow, point downward, all of gold;and, in the upper right-hand corner of the field a silver star of five points.The crest shall be, on a wreath of gold and blue, a right arm, bent at theelbow, clothed and ruffled, and grasping a broad-sword, all of gold. The motto"Ense petit placidam sub libertate quietem" shall appear in gold on ablue ribbon.
(b) The seal of the commonwealth shall be circular in form, bearing upon itsface a representation of the arms of the commonwealth encircled with theinscription within a beaded border. "Sigillum ReipublicaeMassachusettensis". The colors of the arms shall not be an essential partof said seal, and an impression from a seal engraved according to said design,on any commission, paper, or document shall be valid without such colors or therepresentation thereof by heraldic lines or marks.
(c) The flag of the commonwealth shall consist of a white rectangular field,bearing on either side a representation of the arms of the commonwealth, exceptthat the star shall be white. The naval and maritime flag of the commonwealthshall consist of a white rectangular field bearing on either side arepresentation of a green pine tree.
(d) The flag of the governor shall conform to the design of the flag of thecommonwealth, except that the field of the flag of the governor shall betriangular in shape.
(e) The state secretary shall be the custodian of the coat of arms, seal andflags of the commonwealth and all representations of said arms, seal and flagsshall conform strictly to the specifications which shall be prepared under thedirection of the state secretary in the year nineteen hundred and seventy-oneand deposited in his office. The proper use and display of said arms, seal andflags of the commonwealth and their manufacture are hereby subject to suchregulations relating thereto which the state secretary may from time to timeissue, provided that such regulations shall be in conformity with flags shallbe in conformity with all the relevant legislation of the United States and ofthe commonwealth.
(f) The flag of the United States and the flag of the commonwealth should bedisplayed on the main or administration building of each public institution ofthe commonwealth. The flags shall be of suitable dimensions and shall be flownevery day when the weather permits.
(2) Manufacturers intending to sell the state and/or naval and maritime flagsof Massachusetts to any branch of any Federal, State, county, municipal, orother government agency within Massachusetts are required to submit to theSecretary of the Commonwealth one sample flag in each size to be manufactured,in order that he may determine whether the flags in question meet the designand quality requirements of the present specifications.
(3) Alterations in the designs, proportions, and colors of the arms, seal, andflag given in these specifications are not authorized.
(4) Notwithstanding 950 CMR 51.01 (3), the Secretary of the Commonwealthis authorized to issue revised specifications whenever changes in manufacturingtechniques or flag usage make such changes necessary or advisable.
(5) The apparent silence of these specifications as to any detail shall beregarded as meaning that only the best commercial practice is to prevail andthat only materials and workmanship of the first quality are to be used. Allinterpretations of these specifications shall be made upon this basis. Top of Form
