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Any pepper spray legal to publically carry in MA without any license?
How about court houses and schools?
I thought the only reason why pepper spray was legally actionable against on campus was the previous classification as ammunition?
https://malegislature.gov/laws/generallaws/partiv/titlei/chapter269/section10(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.
No. You will get charged with carrying a dangerous weapon on school grounds, violating MGL Chapter 269 Section 10J:
https://malegislature.gov/laws/generallaws/partiv/titlei/chapter269/section10
having a blade of over one and one-half inches
Hope the college campus cafeterias don't have any chef's knives, steak knives, etc. in their kitchens, otherwise JAIL! Gotta love this state.
"...any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches,"
Only relevant to the knives mentioned before the length limit.
Doesn't paragraph b cover "dangerous weapons", I don't see pepper spray in there. If so, I think it would just be a school policy situation.
I noticed that the fine/penalty is lower for carrying a dangerous weapon in a school than it is for out in public. Is this due to the fact that you aren't actually "carrying" as you are not in a public place. Is it possible that, with permission, you could carry any of the weapons considered dangerous according to MGL in a school? Paragraph j does seem to imply this.
This is no doubt why a non-resident LTC does not allow the purchase of ammo in MA.4) Don't assume there is some sort of logic as to why the penalty for one section is different than for another. They may well have been written at different times by different people and MA laws typically don't make a damn bit of sense
Isn't a "shod foot" a dangerous weapon? Explains the flip flops I suppose...
1) paragraph B does not cover carrying on school grounds.
2) paragraph J covers carrying on school grounds.
3) the phrase "other dangerous weapon" in paragraph J is not defined at all, let alone by an exclusive list. It is a catch all phrase. My understanding is that it has been used in the past to charge people found with OC spray on college campuses.
4) Don't assume there is some sort of logic as to why the penalty for one section is different than for another. They may well have been written at different times by different people and MA laws typically don't make a damn bit of sense.
Rob is right. I haven't seen my friend (ret prosecutor for BC PD) to ask about convictions, CWOFs, etc.
However I'll go out on a limb and say that you will likely be prosecuted if found out carrying OC on school property (public, private or college). They have no tolerance for self-defense.
Isn't a "shod foot" a dangerous weapon? Explains the flip flops I suppose...
It's the action of using the "shod foot" as a weapon that makes it a weapon
Anything can be a weapon:
http://www.metrowestdailynews.com/article/20140410/News/140419789
Any pepper spray legal to publically carry in MA ...? ... How about ... schools?
3. Dangerous weapons still banned on school grounds. I am not aware of any precedent for, or against, pepper spray being such a weapon(*)
*- Len can chime about knowing of "successful prosecutions"; I will then ask if these were convictions; guilty pleas, plea bargains of CWOFS and he will respond that he does not know the details.
3) the phrase "other dangerous weapon" in paragraph J is not defined at all, let alone by an exclusive list. It is a catch all phrase. My understanding is that it has been used in the past to charge people found with OC spray on college campuses.
Thankew.Len-2A Training likes this.
3. Dangerous weapons still banned on school grounds. I am not aware of any precedent for, or against, pepper spray being such a weapon(*)
*- Len can chime about knowing of "successful prosecutions"; I will then ask if these were convictions; guilty pleas, plea bargains of CWOFS and he will respond that he does not know the details.
The statute states that written permission can be given my the institution RE: carrying dangerous weapons on school grounds.
Boggle.I was on the board at a state school until recently, which in light of the no-license pepper spray change, had written into their code of conduct that is acceptable for teachers and students to carry "small containers of self defense chemical sprays" (or something to that effect). In individual class code of conduct handouts there was a mandatory note that said specifically 'females' and I'm not sure that 1) that was legal in light of Title IX, or 2) it overrode the schools general code of conduct which was not gender specific.
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Boggle.