Understanding open carry laws in Massachusetts requires attention to the state’s strict regulations, the licensing process, and the specific limitations on where and how firearms may be carried in public.
Overview of Open Carry in Massachusetts
Open carry—carrying a firearm visibly in public—is legal in Massachusetts, but only under strict conditions. The state tightly regulates all forms of public firearm possession, including open carry, to promote public safety and prevent misuse.
Licensing Requirements
To openly carry a firearm in Massachusetts, an individual must possess a valid License to Carry (LTC), which is issued by local law enforcement or, for non-residents, through the State Police Firearms Records Bureau. The LTC covers both open and concealed carry, and there is no separate permit specifically for open carry.
Key Licensing Details:
Minimum Age: Applicants must be at least 21 years old and either a resident of Massachusetts or have a business in the state.
Background Check: All applicants undergo a thorough background check, including review of criminal history, mental health records, and other disqualifying factors.
Firearms Safety Course: First-time applicants must complete a Massachusetts Basic Firearms Safety Course.
Application Process: The process includes submitting documentation and undergoing a personal interview with local police. The department has up to 40 days to approve or deny the application.
Renewal: LTCs are valid for up to six years and must be renewed through a similar process.
Open Carry vs. Concealed Carry
Both open and concealed carry are allowed under a Class A LTC, which is the most common license issued today. Historically, Class B licenses permitted open carry of non-large-capacity firearms, but new Class B licenses are no longer issued.
Existing Class B licenses may still be valid, but most new licensees will receive a Class A LTC, which covers all lawful purposes for handguns, rifles, and shotguns.
Restrictions and Considerations
No Permitless Open Carry: Open carry without a valid LTC is illegal in Massachusetts.
Magazine Capacity: Massachusetts law prohibits the sale, transfer, or possession of large-capacity magazines (those holding more than ten rounds), unless lawfully possessed before September 13, 1994.
Prohibited Locations: Even with an LTC, carrying firearms is prohibited in certain locations, such as schools, airports, and private properties where posted “No Weapons Allowed” signs are enforced.
Local Attitudes and Practices: Open carry is uncommon in Massachusetts, and doing so may attract attention from law enforcement or the public, potentially leading to police contact or, in some jurisdictions, license revocation if deemed threatening or menacing.
Red Flag Law: Massachusetts has a red flag law, allowing immediate family or law enforcement to petition for the temporary suspension of firearm licenses if someone is deemed a danger to themselves or others.
Practical Implications
While open carry is technically legal with a valid LTC, it is rarely practiced and can be misunderstood by both the public and law enforcement. Local police departments have discretion in how they interpret and enforce open carry, and some may scrutinize open carriers more closely, especially in urban areas.
Summary Table
| Requirement/Consideration | Details |
|---|---|
| Open Carry Legal? | Yes, with a valid LTC |
| Minimum Age | 21 |
| Background Check Required? | Yes |
| Firearms Safety Course Required? | Yes |
| Permitless Open Carry Allowed? | No |
| Prohibited Locations | Schools, airports, private properties with “No Weapons Allowed” signage |
| Magazine Capacity | 10 rounds or less (with limited exceptions) |
| Red Flag Law | Yes |
Open carry in Massachusetts is legal but highly regulated. It requires a valid License to Carry, strict adherence to background checks and safety training, and awareness of prohibited locations and local enforcement practices. Responsible gun owners should always stay informed about current laws and exercise caution when carrying firearms in public.
Sources:
-https://www.battlbox.com/blogs/carry-laws/is-open-carry-legal-in-massachusetts-a-comprehensive-guide
-https://everytownresearch.org/rankings/state/massachusetts/
-https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/ma-gun-laws/
-https://www.usconcealedcarry.com/blog/massachusetts-gun-laws-what-you-need-to-know/
