Holliston, MA asked in Criminal Law and Constitutional Law for Massachusetts

Q: what is a lawfully authorized user?

Regarding storage and access to any firearms the law defines who has access as "an owner or any lawfully authorized user". How does the law define a lawfully authorized user? Is it the category of firearm license? (e.g. Class A / License to Carry / Large Capacity)

1 Lawyer Answer
Lissa McKinney
Lissa McKinney
Answered
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: That might depend on the kind of firearm. A lawfully authorised user will be required to have an FID ( Firearms Identification Card) card at a minimum, or a LTC ( License to Carry).

For example: Residents must have an FID in order to purchase, possess, or transport a rifle or shotgun that is not a large-capacity gun; to purchase or possess ammunition or component parts of ammunition; and to purchase or possess defense sprays for anyone age 15-17, a license is not required for 18+ re: defense sprays.

Residents must have a License to Carry Firearms (LTC) in order to purchase, possess or transport a handgun, large capacity rifle, or large-capacity shotgun. The License to Carry Firearms also authorizes a person to purchase, possess, or transport all guns and materials that would be covered by an FID.

A person with neither will not legally have access, and the owner of the storage container or gun locker can be arrested and charged criminally for improper storage if an unauthorised person obtains access somehow.

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