Criminal Penalties for expired FID while carrying mace

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Does anyone know what the possible criminal penalties for carrying mace with an expired FID would be here in MA?

A friend had filed a restraining order against someone. Recently, that "someone" was pulled over on a traffic violation and during the process, it was found this person had an expired FID and was carrying mace.

What penalties could this person face?
 
IANAL, and I could be wrong, but the controlling statute would seem to be M.G.L. c.269 s.10(h)(1), which specifies a maximum potential penalty of 2 years incarceration or a $500 fine.

ETA: There is a criminal exemption (specifying a civil fine only) in M.G.L. c.140 s.129B(12) for possession of a "non-large capacity rifle or shotgun" with a license expired for less than 90 days, but it does not appear to apply to "ammunition" (defense sprays are defined as "ammunition", pursuant to M.G.L. c.140 s.121).
 
IANAL, and I could be wrong, but the controlling statute would seem to be M.G.L. c.269 s.10(h)(1), which specifies a maximum potential penalty of 2 years incarceration or a $500 fine.

ETA: There is a criminal exemption (specifying a civil fine only) in M.G.L. c.140 s.129B(12) for possession of a "non-large capacity rifle or shotgun" with a license expired for less than 90 days, but it does not appear to apply to "ammunition" (defense sprays are defined as "ammunition", pursuant to M.G.L. c.140 s.121).

the definition of ammunition for Sec 10 of Ch 269 is not the same as the definition found in Sec 121 of Ch 140 as the last sentence of section 10 reads:

For purposes of this section, “ammunition” shall mean cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.

Not that consistency means anything with respect to MA gun laws...
 
IANAL, and I could be wrong, but the controlling statute would seem to be M.G.L. c.269 s.10(h)(1), which specifies a maximum potential penalty of 2 years incarceration or a $500 fine.

ETA: There is a criminal exemption (specifying a civil fine only) in M.G.L. c.140 s.129B(12) for possession of a "non-large capacity rifle or shotgun" with a license expired for less than 90 days, but it does not appear to apply to "ammunition" (defense sprays are defined as "ammunition", pursuant to M.G.L. c.140 s.121).

Which, by my recollection, would mean that person would have a statutory DQ for an FID or LTC on their record due to the >1 year penalty associated with the offence, correct?

EDIT: cb1's post of course nullifies this if the correct controlling statute is indeed differnt and carries with it a maximum penalty <1 year.
 
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The question is what do you want to know.... the legal punishment or the practical one? (eg, incarceration).

Even if the guy is convicted, I find it hard to believe they would put someone away for that, probably sentence them to probation, whatever.

Remember, this is MA... gangbangers can shoot at people, get arrested, and then get released on personal recognizance.

-Mike
 
Mike, you are right as usual. Nothing will really happen to him, but the fun part is that he is a process server...so I assume this could possible F that up? Oh and he also was popped for having a strobe light in the car with out a permit. Guy is a real winner.

Was hoping they'd throw the book at this guy.

Thanks for the relevant MGL links guys. Much appreciated.
 
Remember, this is MA... gangbangers can shoot at people, get arrested, and then get released on personal recognizance.

-Mike
********
That only applies if you`re a minority gang banger.
 
the definition of ammunition for Sec 10 of Ch 269 is not the same as the definition found in Sec 121 of Ch 140...Not that consistency means anything with respect to MA gun laws...

That's true, but the references I found are charged as "possession of Mace without a FID" under 269-10(h)(1).

Which, by my recollection, would mean that person would have a statutory DQ for an FID or LTC on their record due to the >1 year penalty associated with the offence, correct?

Partially correct, I think you may be confusing Federal and State law...

STATE: Any felony conviction, or a misdemeanor conviction with a maximum potential penalty in excess of two years incarceration is a lifetime LTC DQ (pursuant to M.G.L. c.140 s.131(d)(i)(a) and 131(d)(i)(b)).

FEDERAL: A felony conviction with a maximum potential penalty in excess of one year incarceration, or a misdemeanor conviction with a maximum potential penalty in excess of two years incarceration is a Federal disqualification (pursuant to 18 U.S.C. 922(d)(1) and 921(a)(20)(B)).

In this case, it would be a lifetime LTC DQ pursuant to M.G.L. c.140 s.131(d)(i)(d) ("a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed").

It would be only a 5 year FID DQ pursuant to M.G.L. c.140 s.129B(1)(ii).
 
Oh and he also was popped for having a strobe light in the car with out a permit. Guy is a real winner.

Say what now? Strobe lights are illegal? What's with all the LED flashlights with the strobe feature then? How do you get a permit for one?
 
Or, maybe you meant that thing you stick on the dashboard that spins around so you can pretend you're a cop? That must be it... stop scaring me!
 
Mike, you are right as usual. Nothing will really happen to him, but the fun part is that he is a process server...so I assume this could possible F that up? Oh and he also was popped for having a strobe light in the car with out a permit. Guy is a real winner.

Was hoping they'd throw the book at this guy.

Thanks for the relevant MGL links guys. Much appreciated.

Is he a "process server" or a Constable. BIG DIFFERENCE. Process Server in MA is anyone who prints a business card. Constables are appointed or elected and are sworn in with LE powers. PS can't serve summons and complaints, make arrests, do evictions, etc. Legally they can only serve Subpoenas in MA.

Say what now? Strobe lights are illegal? What's with all the LED flashlights with the strobe feature then? How do you get a permit for one?

As for strobe lights, they always required a permit for blue or red, issued by RMV. Back some years ago they invoked a $100/year fee for the privilege and tightened up rules on who could get them. I think that now even orange/yellow require a permit, but not certain on that. It's flagrantly violated and usually not an issue unless you do something stupid.

In the business of serving paper on poorly lit streets that are narrow, there is a legit use for a strobe to avoid someone hitting your car while it's parked where someone may not expect to find a car. There is no need to "run" strobes going anyplace, unless you are stupid enough to transport a prisoner in your POV (many do, I won't) to a court or jail. Personally I wouldn't pay the $100/year for the privilege of having one legally even if they would issue them to Constables (RMV policy a few years ago was NOT to issue).
 
the definition of ammunition for Sec 10 of Ch 269 is not the same as the definition found in Sec 121 of Ch 140 as the last sentence of section 10 reads:

Correct. This appears to be another "Oops" in the Mass. gunlaws, where they forgot to update it when they changed the definition of ammo. The only possible penalty for it is the one that Kevlar listed (good job Kevlar!). There's also a few instances in MA caselaw where people with expired gun licenses have been convicted, even when the expiration was fairly recent.

Even if the guy is convicted, I find it hard to believe they would put someone away for that, probably sentence them to probation, whatever.

Remember, this is MA... gangbangers can shoot at people, get arrested, and then get released on personal recognizance.

Depends on the circumstances, sometimes it goes the other way. A few years ago a drugthug in MA got charged for a firearms violation when he was caught carrying a can of pepper spray. His lawyer didn't even catch the mistake in the charges, and he spent a lot of time, money and aggravation fighting the case.

Mike, you are right as usual. Nothing will really happen to him, but the fun part is that he is a process server...so I assume this could possible F that up? Oh and he also was popped for having a strobe light in the car with out a permit.

He probably could've also been charged with impersonating LE:

http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268/Section33

And use of a defense spray to commit a crime if it was part of his impersonating getup and they wanted to get really creative.

http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10C

Depends on the circumstances though.

Guy is a real winner.

I believe I know who this guy is...he has a restricted FID that was suspended temporarily before due to legal issues, right? He just got it back, oh 1.5 years ago or so?

Is he a "process server" or a Constable. BIG DIFFERENCE. Process Server in MA is anyone who prints a business card. Constables are appointed or elected and are sworn in with LE powers. PS can't serve summons and complaints, make arrests, do evictions, etc. Legally they can only serve Subpoenas in MA.

If this is who I think it is, he's a process server who cleverly spins his association with constables to indicate that he is one himself, but never comes right out and says it.
 
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