OC / Pepper Spray Question

[Ripach]

My wife has stupidly done nothing with her LTC application since taking the SO safety class Lynne generously put on. So I am left with a slight dilemma, since she obviously has no interest in using my firearms in defense of herself and my children, I am leaning toward getting her some pepper spray. Now to the question, I understand to purchase/carry OC she would need an FID. If however I purchase some and left in convenient place in the home (bedroom, near entrances, etc.), would I be facing any legal problems if she used it on someone attempting a B&E while I was out? Is there any way the safe storage rule could be interpreted to include OC cans?
Is it sad that I actually have to think about stuff like this in this welfare loving Nanny State?
Thanks in advance for any help/info anybody can give.

 

[highlander]

IANAL but I don't see a problem you have an FID?LTC correct? The only problem I could foresee is does OC/pepper spray have to be stored like a firearm.

 

[KMaurer]

No problem. The Mass licensing structure is strictly hierarchical.

• Anything you can have or do with a restricted (Pepper spray only) FID you can have/do with a regular FID.
• Anything you can have/do with an FID you can have/do with an LTC.
• Anything you can have/do with and LTC-B you can have/do with an LTC-A.

Ken

 

[highlander]

What I believe he is asking is if his wife use the OC in home but doesn't have a permit for such will she be in trouble. Is this what you are asking Ripach?

 

[jdubois]

Pepper spray falls under the definition of ammunition according to MA law. So theoretically I suppose she could be charged with possessing ammunition without a license if she ever used it.

 

[Ripach]

What I believe he is asking is if his wife use the OC in home but doesn't have a permit for such will she be in trouble. Is this what you are asking Ripach?

Pretty much. What would the legal implications be for her using it?
Or to me for providing it? Sorry if my half rant/half question was not clear, it's a common problem for me.

 

[vellnueve]

She'd be in legal trouble and you would probably be too for allowing access to an unlicensed person.

 

[Chris]

You only need a license to use a spray that was "designed to incapacitate".

Wasp spray in the 20 ft sprays to the eyes would be pretty effective.

MA is the only state that thinks it is proper to license a spice. What's next? Salt?

 

[jdubois]

Wasp spray in the 20 ft sprays to the eyes would be pretty effective.

Yeah, and in this state, you'd probably be charged with aggravated assault for doing that.

 

[pdm]

You only need a license to use a spray that was "designed to incapacitate".

Wasp spray in the 20 ft sprays to the eyes would be pretty effective.

MA is the only state that thinks it is proper to license a spice. What's next? Salt?

Trans-fats, actually.

 

[Chris]

Yeah, and in this state, you'd probably be charged with aggravated assault for doing that.

You can get that no matter what you use to fight back if it's unjustified.

See, that's the idiocy of these laws. Banning pepper spray because someone might misuse it was not needed because we already have laws on the books regarding the misuse of of force.

 

[rep308]

Easy Off Oven cleaner should not be used

 

[isr2kba]

The law is simply unacceptable. My GF is not a MA resident. In her home state, she enjoys the right to protect herself with pepper spray be going to walmart or the local Mobil convenience store, buying it and sticking it on her key chain.

I mentioned to her that when she visits my state (daily), she enjoys the distinction of being a criminal. I did some research to see about making the poor girl legal and she needs to:

1. Take a safety Class
2. Fill out an application and send it in w/ $100
3. Wait a few months for the permit

(sound familiar so far??)

4. Pay $100 every year thereafter for the renewal!!!

I think I'll just get her some wasp spray for her birthday.

 

[Fsorrent]

She could get a FID-restricted license for $25. No certification is needed. No safety class necessary

 

[M1911]

She could get a FID-restricted license for $25. No certification is needed. No safety class necessary

Unfortunately, I don't think she can. The sister is not a MA resident. It is my understanding that MGL provides for a non-resident LTC, but does not provide for a non-resident FID (restricted or otherwise).

 

[isr2kba]

Yes, this is also my understanding of it.

 

[isr2kba]

I had complained about this situation to my Senator (actually some random aide). The complaint fell on deaf ears as I expected, although we spoke at length about the issue.

Low and behold, I'm looking at the GOAL list of bills under consideration and I find H2385 which appears to me to remove the licensing requirements to possess chemical sprays!

There are similar bills in the house and senate. GOAL lists it as favorable. I can't believe they didn't have the decency to do the tiniest bit of research in the area prior to calling me back. I was very detailed with my reason for calling when I left the initial message.

Ignorant lawmakers aside, it looks like a good bill!