Chapter 140: Section 131F. Nonresidents or
aliens; temporary license to carry firearms or ammunition.
Section 131F. A Class A
or Class B temporary license to carry firearms or feeding devices or
ammunition therefore, within the commonwealth, may be issued by the colonel
of state police, or persons authorized by him, to a nonresident or any
person not falling within the jurisdiction of a local licensing authority or
to an alien that resides outside the commonwealth for purposes of firearms
competition and subject to such terms and conditions as said colonel may
deem proper; provided, however, that no license shall be issued to a person
who:
(i) has, in any state or
federal jurisdiction, been convicted or adjudicated a youthful offender or
delinquent child for the commission of (a) a felony; (b) a misdemeanor
punishable by imprisonment for more than two years; (c) a violent crime as
defined in section 121; (d) a violation of any law regulating the use,
possession, ownership, transfer, purchase, sale, lease, rental, receipt or
transportation of weapons or ammunition for which a term of imprisonment may
be imposed; or (e) a violation of any law regulating the use, possession or
sale of controlled substances, as defined in section 1 of chapter 94C;
(ii) has been confined to any
hospital or institution for mental illness, unless the applicant submits
with his application an affidavit of a registered physician attesting that
such physician is familiar with the applicant's mental illness and that in
such physician's opinion the applicant is not disabled by such an illness in
a manner that should prevent such applicant from possessing a firearm;
(iii) is or has been under
treatment for or confinement for drug addiction or habitual drunkenness,
unless such applicant is deemed to be cured of such condition by a licensed
physician, and such applicant may make application for said license after
the expiration of five years from the date of such confinement or treatment
and upon presentment of an affidavit issued by such physician stating that
such physician knows the applicant's history of treatment and that in such
physician's opinion the applicant is deemed cured;
(iv) is currently subject to:
(A) an order for suspension or surrender issued pursuant to section 3B or 3C
of chapter 209A or a similar order issued by another jurisdiction; or (B) a
permanent or temporary protection order issued pursuant to chapter 209A or a
similar order issued by another jurisdiction; or
(v) is currently the subject of
an outstanding arrest warrant in any state or federal jurisdiction.
Such license shall be valid for
a period of one year but the colonel may renew such license, if in his
discretion, such renewal is necessary.
The colonel may also issue such
license, subject to such terms and conditions as he deems proper, to any
resident of the commonwealth for the purposes of sports competition.
A temporary license issued
under this section shall be marked ""Temporary License to Carry
Firearms'', shall clearly indicate whether it is Class A or Class B and
shall not be used to purchase firearms in the commonwealth as provided under
section 131E. Neither a large capacity firearm nor large capacity feeding
device therefore may be carried unless such person has been issued a Class A
license; provided, however, that the colonel may permit a Class A or Class B
licensee to possess large capacity rifles or shotguns or both, and such
entitlement shall be clearly indicated on such license. The fee for such
license shall be $50, which fee shall be payable to the licensing authority
and shall not be prorated or refunded in case of revocation or denial;
provided, however, that such fee shall be deposited in the Firearms Record
Keeping Fund, established under section 2SS of chapter 29. A license issued
under the provisions of this section to a non-resident who is in the employ
of a bank, public utility corporation, or a firm engaged in the business of
transferring monies, or business of similar nature, or a firm licensed as a
private detective under the provisions of chapter one hundred and
forty-seven, and whose application is endorsed by his employer, or who is a
member of the armed services and is stationed within the territorial
boundaries of the commonwealth and has the written consent of his commanding
officer, may be issued for any term not to exceed two years, and said
licenses shall expire in accordance with the provisions of section one
hundred and thirty-one.
A license, otherwise in
accordance with provisions of this section, may be issued to a nonresident
employee, whose application is endorsed by his employer, of a federally
licensed Massachusetts manufacturer of machine guns to possess within the
commonwealth a machine gun for the purpose of transporting or testing
relative to the manufacture of machine guns, and the license shall be marked
""temporary license to possess a machine gun'' and may be issued
for any term not to exceed two years and shall expire in accordance with the
provisions of section one hundred and thirty-one.
