where are carry restrictions in MGL?

[dukefan70]

I know the obvious no-nos...no federal or state buildings (probly municipal/town too?), no banks, no schools, etc. I think I heard places that even serve alcohol too. But I want to find the list in the MA Gen. Law. Checked Chapter 140, Section 123. Conditions of licenses. as well as Chapter 140, Section 131. Licenses to carry firearms; Class A and B; conditions and restrictions. with no luck.

Anybody know where it is?

 

[Kevlar]

I know the obvious no-nos...no federal or state buildings (probly municipal/town too?), no banks, no schools, etc. I think I heard places that even serve alcohol too. But I want to find the list in the MA Gen. Law. Checked Chapter 140, Section 123. Conditions of licenses. as well as Chapter 140, Section 131. Licenses to carry firearms; Class A and B; conditions and restrictions. with no luck.

Anybody know where it is?

There is no "list". AFAIK, the only prohibited place per MGL is schools.

http://www.mass.gov/legis/laws/mgl/269-10.htm

M.G.L. c.269 s.10

(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.

 

[dukefan70]

Figures if the MGL is vague on a firearms issue, but there's gotta be a list somewhere. Federal law? I wouldn't even know where to begin to look.

 

[GLOCK.Perfection]

Figures if the MGL is vague on a firearms issue, but there's gotta be a list somewhere. Federal law? I wouldn't even know where to begin to look.

MGL's arent really vague on the issue.
the only place off limits by state law is schools

 

[Rob Boudrie]

the only place off limits by state law is schools

... and on the surface of the ocean within 500ft of Logan airport.

 

[dukefan70]

Look, not to beat the issue to death, but if firearms laws are left to the individual states, but the only thing in the MGL says no carrying in/around schools, then how do we all know that it's illegal to carry in a bank, courthouse, etc.? It has to be somewhere, right?

For the record, I'm not looking to carry in a bank or whatnot, I just want the reference and hard evidence for my personal edification.

Another thing I couldn't find was where it specifies on the legality of open vs. concealed carry.

Keep the points coming, I'm always willing to learn.

 

[GLOCK.Perfection]

Look, not to beat the issue to death, but if firearms laws are left to the individual states, but the only thing in the MGL says no carrying in/around schools, then how do we all know that it's illegal to carry in a bank, courthouse, etc.? It has to be somewhere, right?

For the record, I'm not looking to carry in a bank or whatnot, I just want the reference and hard evidence for my personal edification.

Another thing I couldn't find was where it specifies on the legality of open vs. concealed carry.

Keep the points coming, I'm always willing to learn.

what makes you think it is illegal to carry in a bank?

Basically in Mass all you have to worry about is schools (including colleges) and federally prohibited areas such as federal buildings, and maybe post offices (some say its ok, others say no)

 

[swampy]

Ask your local chief for the "list." Hospitals don't allow firearms. The one I work at used to make cops turn theirs in unless they were there on a call. Now our security cops carry so I'm not sure of the policy. One cop I spoke to said open carry isn't recommended because if one person complains or reacts to the visible gun they are pretty much obligated to treat it as disturbing the peace.

If your carrying concealed properly (so NOBODY can see it) you should be able to go anywhere but a courthouse and school with no problem. If you need to draw and use your weapon you then can deal with the ramifications afterwards. Jail time is temporary, casket time is permanant.

Want a tough question to ponder? You're sitting in a restaurant eating dinner and the secret service comes in and announces that the president is coming to eat dinner there. They demand everyone with a weapon turn it over to them. Is that a violation of your second amendment right to bear arms?

 

[Palladin]

Want a tough question to ponder? You're sitting in a restaurant eating dinner and the secret service comes in and announces that the president is coming to eat dinner there. They demand everyone with a weapon turn it over to them. Is that a violation of your second amendment right to bear arms?

summer on the vineyard much ?

 

[Kevlar]

... and on the surface of the ocean within 500ft of Logan airport.

Actually, per 740 CMR 30, possession is prohibited anywhere "on the airport", with the exception of traveling (departing) with firearms.

http://www.northeastshooters.com/vbulletin/showthread.php?t=77719

Figures if the MGL is vague on a firearms issue, but there's gotta be a list somewhere. Federal law? I wouldn't even know where to begin to look.

Federal law prohibits possession in any "Federal facility"

http://www.law.cornell.edu/usco/18/usc_sec_18_00000930----000-.html

§ 930. Possession of firearms and dangerous weapons in Federal facilities

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

>snip<

(g) As used in this section:

(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.

(3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

Look, not to beat the issue to death, but if firearms laws are left to the individual states, but the only thing in the MGL says no carrying in/around schools, then how do we all know that it's illegal to carry in a bank, courthouse, etc.? It has to be somewhere, right?

The law only tells you what is illegal. If the law does not prohibit it, it is legal.

Another thing I couldn't find was where it specifies on the legality of open vs. concealed carry.

Open carry is technically legal (because it's not prohibited by law), but not advised.

 

[M1911]

Look, not to beat the issue to death, but if firearms laws are left to the individual states, but the only thing in the MGL says no carrying in/around schools, then how do we all know that it's illegal to carry in a bank, courthouse, etc.? It has to be somewhere, right?

Here in MA, it is perfectly legal to carry in a bank. The only prohibited places per state law are schools (MGL Ch 269 Section 10J) and around Logan. There are various federal restrictions as well.

 

[dukefan70]

Want a tough question to ponder? You're sitting in a restaurant eating dinner and the secret service comes in and announces that the president is coming to eat dinner there. They demand everyone with a weapon turn it over to them. Is that a violation of your second amendment right to bear arms?

First thanks for all the input I already started writing an email to the guy in charge of issuing licenses at the PD. As far as the president in the restaurant question, yeah it is a violation of my 2nd amendment rights. I may disagree with the guy on everything I've ever heard his opinion on, but I get that the guy has to eat and be secure. So the secret service can secure him. But don't tell us normal folk to get out or give up our 2nd amendment rights. If they're that darn good they could drop a lone threat before he even got a shot off. And for the record, I have no interest in taking pictures of his family eating cheeseburgers, either.

 

[GLOCK.Perfection]

Ask your local chief for the "list."

I dont see how it would be a good idea to ask your chief. Why would you set yourself up for basically more restrictions when the law is already clear on where you cannot carry?

 

[MAshooter1911]

I would recommend not asking your local chief.

 

[KMaurer]

Saying that "we all know" something doesn't make it true. The fact that the people in charge of a particular place (e.g., courthouses, police stations, state office buildings, the state house, banks, etc.) might not "allow" carrying of firearms there isn't at all the same as saying that carry is illegal there. It's perfectly legal unless they take some specific steps to preclude carry there (e.g., limiting access to the facility and posting metal detectors). It doesn't have to be illegal for them to refuse you entry, and managing to sneak around their check points or force your way through would constitute trespassing on your part.

Ken

 

[dukefan70]

I can't speak for anybody else, but I'm not talking about going out of my way to make trouble where it's not technically illegal but they have metal detectors like a courthouse, etc. I'm talking about knowing if I can carry w/o thinking "darn it i need to go to the post office but I have my weapon on me". Or for that matter the bank, or town hall, or even just stopping to grab lunch at a place that just happens to serve alcohol.

 

[RichM]

Get a small secure storage box (or this one with a combination lock), wrap the cable around your seat mounts, and carry the key with you whenever you carry. If you find a place with pat-downs or metal detectors, get out to your car and lock your CC piece up.

 

[M1911]

I'm talking about knowing if I can carry w/o thinking "darn it i need to go to the post office but I have my weapon on me". Or for that matter the bank, or town hall, or even just stopping to grab lunch at a place that just happens to serve alcohol.

No laws against carrying in the town hall. No laws against carrying where they serve alcohol. The post office is federal property and the regulations concerning that are simply unclear.

We've already told you where you can't carry by state law: schools, and the water near Logan. Federal laws and regulations generally prohibit carrying on federal property. That's it.

 

[Rob Boudrie]

Actually, per 740 CMR 30, possession is prohibited anywhere "on the airport", with the exception of traveling (departing) with firearms.

Correct, but that's a "regulation", not a "law" - but it's a violation of the law to violate the regulation and there is that pesky $50 fine.

 

[zeppelinfromled]

I can't speak for anybody else, but I'm not talking about going out of my way to make trouble where it's not technically illegal but they have metal detectors like a courthouse, etc. I'm talking about knowing if I can carry w/o thinking "darn it i need to go to the post office but I have my weapon on me". Or for that matter the bank, or town hall, or even just stopping to grab lunch at a place that just happens to serve alcohol.

As was said, you can't carry in federal buildings, schools, the airport, or while you're intoxicated. The law doesn't prohibit carrying in any other places.

You can carry in banks. You can carry in bars (as long as you're not intoxicated). If a store has a no firearms policy, that does not carry the force of law. If they ask you to leave and you don't, then you're trespassing. But that would be true even if you weren't carrying.

Correct, but that's a "regulation", not a "law" - but it's a violation of the law to violate the regulation and there is that pesky $50 fine.

A $50 fine and perhaps a question in your chief's mind about your suitability. I'll pass on that one.