Westford Pro2A, Westford Police, Answer Questions on Firearms

After the heated debate over Article 30 earlier this year, guns have become a hot topic in Westford, and on Wednesday night, one group of firearm rights advocates, in cooperation with the Westford Police Department, hoped to provide answers to those looking to learn more about firearms.

Here are some of the questions they answered. The entire presentation will be on Westford CAT, and anyone with further questions can e-mail them to info@westfordpro2a.org

Q: How Does One Get A License?

A: Although there are other methods, most people (pretty much everyone, according to Chief Thomas McEnaney) apply for a license to carry firearms, or LTCs. 

This costs $100 and requires a safety course or basic pistol course before an application can be accepted.

Due to the volume of requests that began coming in around January, all application filings are scheduled at certain times on Wednesdays in Westford, and from there it goes to the state, with an average of around 53 to 77 days between first filing the application and getting a license.

The two types of licenses given in Westford are Class A and Class B, with class B prohibiting concealment, putting limits on the types of guns that can be owned in comparison to Class A.

Q: How Many People Have Licenses in Westford and Are Guns A Problem For the Police?

A: There are currently 1,949 LTCs. Massachustts right-to-know law prohibits the public from knowing who those people are.

According to Chief McEnaney, the main issue from the side of the Westford Police is not crimes, but getting the public better educated on the issue of gun safety.

He also noted that there are not many crimes involving guns, most of them revolve around hunting complaints, improper storage, or 209A complaints (violations of restraining orders).

When asked how criminals get their guns, McEnaney noted often criminals break into homes and steal them while stealing other items.

Other panelists also talked about the hopes that non-partisan firearm education would be reintroduced to Westford's schools, citing a comparison to health education.

Q: Can You Buy a Gun in New Hampshire and Bring It Back to Massachusetts? 

A: A New Hampshire gun dealer is required to ask anyone looking to purchase a gun for a their LTC, and if it's a Massachusetts LTC, they are required to ship it to a registered gun dealer in Massachusetts.

Also, the gun must be on the Attorney General's approved firearms roster, and it must meet other requirements, such as a magazine that holds no more than 10 rounds.

Internet sales have the same criteria, and with gun shows in Massachusetts, to touch a gun, let alone purchase it, an individual generally needs to show their LTC, submit to an instant background check and file paperwork.

Q: What Are The Laws Regarding Self Defense in the Home?

A: Unlike the 30 states with "Stand Your Ground" or "Castle" laws, in Massachusetts, anyone using deadly force must prove that it during the moment it was used, a person's life was in immediate peril and no other option other than deadly force was available.

According to the panel, the problem with this is that it's open to interpretation given circumstances relating to the incident.

Attorney Matthew Trask, a firearms law expert from Framingham who served on the panel, advised that following proper safety procedures for storing firearms (i.e. - secured, locked storage areas for guns with alarms to avoid tampering, locks and alarms for homes, etc.) can help prove that no other option was available.

He also noted that "warning shots" are often seen as proof that options other than deadly force are available.

Q: What's The Best Way to Transport Guns Out-of-State?

A: By plane, although lost luggage can cause issues. In theory, federal laws recognize that an individual who has a LTC and a legal right to possess a firearm at their destination can transport their weapons as long as the weapon is locked in a secured storage unit, is unloaded, and is inaccessible to anyone other than the owner of the firearm.

However, that law may no longer be valid due to varying state laws on licensure, so it was advised by the panel for anyone driving with a firearm not to leave their vehicle, or even stop for that matter, until they reach their destination.

Q: What Guns Do Westford Police Officers Carry, And Is It A Good Idea To Inform Officers That You Possess Firearms If They Stop You While Driving?

A: McEnaney encouraged everyone possessing a firearm in their vehicle to calmly disclose that fact during interactions with officers for the safety of the officer. From there, the officer would then ask for a valid LTC, and as long as the LTC is valid, there is no issue.

Most Westford Police officers carry Sig Sauer sidearms as well as a 12 gauge shotgun and AR 15 semi-automatic weapon in their vehicles.

They are required to engage in two training courses per year as well as training in Police Academy prior to becoming officers and 40 additional hours of training on top of the two training courses.

Q: Are There Places Average People Can't Bring A Firearm Even With an LTC?

A: Federal buildings, courthouses (due to judicial orders, not laws. Even police officers can't bring in firearms to some courthouses), or any school or university.

Although not mentioned during the presentation, Section 95 of Westford's town bylaws also prohibits discharge of a firearm on any private property not owned by the gun owner without written consent of the land owner or any land owned by the Conservation Commission or School Committee with the following exceptions

• Police officers and military personnel
• Hunting or shooting clubs where the gun owner is a member of the club
• Any time an individual is in a situation requiring lawful defense of life or property
• When blank cartridges are used

Q: What Are Assault Weapons and Assault Rifles?

A: In a handout given by some members of the panel, the term "Assault Weapon" is a political term coined in 1989, and in the state of Massachusetts, an "Assault Rifle" is a semiautomatic rifle that accept a detachable magazine and two cosmetic changes ranging from silencers to a telescoping stock to a grenade launcher.

The Massachusetts law mirrors the now expired federal law banning Assault Weapons.

Q: Is Carrying A Weapon Visibly A Good Idea?

A: Generally no. While it is technically legal in public locations where not prohibited and possessed by a LTC holder, McEnaney said that if a resident felt uncomfortable, an officer would still be dispatched in most situations.

If the mere possession of a firearm causes any panic those around the firearm holder, they can theoretically be arrested for disorderly conduct.