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  1. #1

    Default BOSTON UNIVERSITY Commonwealth Ave and Concealed Carry

    Hello,

    Just got my License To Carry class A in Mass. I don't live in Boston but my girlfriend lives in Brookline just one street off Commonwealth Ave so I travel there through Boston several times a week.

    My question is traveling in a car on Commonwealth Ave where Boston University is located is that breaking the law while concealed carrying because it is a university?

    It seems a little silly to think that it is because how many people use Commonwealth Ave which is a major artery through Boston and I assume gun owners who conceal carry drive through there often.

    However, this link; http://en.wikipedia.org/wiki/Commonw...Avenue,_Boston .... under Description states that Boston Universality owns much of the property in and around Commonwealth Ave.

    What about the sidewalk of Commonwealth Ave? Can I walk/ride a bike on it while concealed carrying?

    Isn't it just the buildings of Boston University that are the campus and not the street or the sidewalk of Commonwealth Ave? I usually go into a coffee shop (chain coffee shop) on Commonwealth Ave with my computer. Does that make it illegal to have it in there because Boston University owns most of the property on Commonwealth Ave and rents it out according to the link above? What about some of the pizza shops (again chain pizza shops) on Commonwealth Ave that are right next to Boston University buildings?

    The street where BU is is 1.5 mile stretch. There is a Firestone tire shop there, Enterprise Rent a Car, Goodwill etc. This leads me to believe that carrying laws do no apply to Commonwealth Ave street and sidewalk and other non school businesses.

    I appreciate any thoughts on this issue. Thanks.

  2. #2
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    The public thoroughfare (street and sidewalks) are not owned by BU and thus are not part of the campus. I wouldn't be worried about that at all.

  3. #3

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    If the coffee shop you're referring to is Espresso Royale I'm 99% certain it's located in a BU-owned building.

  4. #4

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    and in case you were wondering, the BU CoP is not exactly gun friendly (or OC friendly for that matter).

  5. #5

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    I just wanted to say thanks to all the people who replied. This gives the issue more clarity for me.

  6. #6
    Moderator KMaurer's Avatar
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    The fact that the university owns the building doesn't make it part of the campus. Between Harvard and MIT, half of Cambridge would be "on campus" if that were true. Only the campus itself is prohibited.

    Ken
    Ken Maurer
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    So then what is the definition of "on campus" when all of the buildings are separated by public roads/thoroughfares? If two academic buildings across Comm Ave from each other are considered "the campus," why would a 3rd, administrative building not be considered in the same light?

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    NES Member PappyM3's Avatar
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    I would definitely consider an administrative building to be "on campus". However, a building that just happens to be owned by the university but serves no university functions would not be on campus. That's what I'm gathering anyway.

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    Quote Originally Posted by 21H View Post
    So then what is the definition of "on campus" when all of the buildings are separated by public roads/thoroughfares?
    There is no definition in the statute and the last time I had a lawyer research it he couldn't find any precedent.

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    Subject to certain exceptions, none of which are relevant here, G.L. c.269, §10(j) prohibits the carrying of firearms and other ‘dangerous weapons,’ “in a building or on the grounds of any elementary or secondary school, college or university.” Certainly, the public streets and sidewalks within the City of Boston are not considered “University grounds.” If there are buildings which are open to the public, but are owned by the University, carrying would be prohibited therein, e.g. University Bookstore, coffee shop, etc… In my experience, University Police will enforce this law with a “zero-tolerance” approach. However, the “rule of lenity ,” which applies to statutes such as this requires that the defendant be given the benefit of any ambiguity.

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