exempt from MA and US laws

[Coyote33]

I was just wondering what laws the MA police are exempt from that the rest of us are subject to.

Anyone have any of these they could help out with?

AG's rules will also do.

I also know that they are not listed in town/city clerk's listings of residents, nor assessor's records.

 

[BWhite]

Are they exempt from property taxes ?

 

[JoeyD]

I was just wondering what laws the MA police are exempt from that the rest of us are subject to.

Anyone have any of these they could help out with?

AG's rules will also do.

I also know that they are not listed in town/city clerk's listings of residents, nor assessor's records.

All of them. Don't believe me, ask one of them

 

[Nitro]

Every traffic law including dui.

 

[kevin9]

.

 

[WaldoOneFive]

.

 

[Coyote33]

No, really. I know they can buy "unsafe" guns which the rest of us cannot. What else is actually written into the statutes?

This could include such things as the new bill to provide a "locker" for storing firearms for police, but not the rest of us. Basically, anything which goes above and beyond what the rest of us are subject to.

I saw this thread and started wondering.

 

[TTA89]

Every traffic law including dui.

Haha....

 

[WaldoOneFive]

No, really. I know they can buy "unsafe" guns which the rest of us cannot. What else is actually written into the statutes?

Where is it written in the statues that "the police" can buy "unsafe" guns?

 

[zule]

Leo are just exempt from the ag regs if the firearm is on the eops list and there useing it in the corse of there employment

 

[GLOCK.Perfection]

Leo are just exempt from the ag regs if the firearm is on the eops list and there useing it in the corse of there employment

and large capacity

 

[Coyote33]

Actual references to chapter and section of the laws, if you have them, please. Thank you.

 

[drgrant]

AG's rules will also do.
.

It's not that the LEOs themselves are exempt from the AG's regs- it's that the dealer is exempt from them when performing a transfer to a LEO.

This sounds like nitpicking but it is a very important distinction. (Lest someone get the wrong idea that handgun compliance is actually binding upon an individual, which it is not. ) .

-Mike

 

[drgrant]

Leo are just exempt from the ag regs if the firearm is on the eops list and there useing it in the corse of there employment

This is wrong on two counts:

-The dealer is exempt, not the LEO. Remember the" blocked action" is that of the dealer transferring the handgun, not the LEO or person buying it. The law gives the dealer a free pass basically if they sell a roster gun to a LEO.

-The LEO can buy any gun on the roster, and does not have to have a "reason" for doing so. The pablum about "course of employment" is nonsense.

-Mike

 

[Coyote33]

It's not that the LEOs themselves are exempt from the AG's regs- it's that the dealer is exempt from them when performing a transfer to a LEO.

This sounds like nitpicking but it is a very important distinction. (Lest someone get the wrong idea that handgun compliance is actually binding upon an individual, which it is not. ) .

-Mike

Where in Mass. law is this exemption for dealers?

 

[zule]

Mike my bad on my wording on the ag regs you are right it's the dealer not the officer. However on the seconed point it is susposed to be for offical use only. However as you and I know that this is not always the case

 

[drgrant]

Where in Mass. law is this exemption for dealers?

940 CMR 16.00 (AG's Bulls**t regulations).

http://www.mass.gov/?pageID=cagoter...t&f=government_Regulations_940CMR16&csid=Cago

Look under "Handgun Purveyor".

A Dealer is NOT a "Handgun Purveyor" when they sell to law enforcement. It says "official duties" but that clause is generally considered to be bogus and unenforceable.

There's likely another chunk of law I'm missing, too, that also has an exemption in it. It's been years since I looked it up. The law has not changed at all in that regard.

-Mike

 

[drgrant]

Mike my bad on my wording on the ag regs you are right it's the dealer not the officer. However on the seconed point it is susposed to be for offical use only. However as you and I know that this is not always the case

It does, but can you imagine what the LEO would tell the AG... I imagine the conversation would go something like this:

AG's office: We know you bought a handgun from XYZ dealer is that for official use?

LEO: Well, I have "customers" that would just love to kill me, and I carry the gun off duty. Is that "Official" enough for you, Poindexter?

I won't get into the fact that the LEO is likely under zero obligation to even answer that question, as well.

-Mike

 

[pbearperry]

Police in Mass. can have a loaded rifle or shotgun in their car while on duty.

 

[HTRN]

the AWB as LEO exemptions as well.

 

[GSG]

I was just wondering what laws the MA police are exempt from that the rest of us are subject to.

Oh, this thread has some potential, but I'll bite before the cop bashing really sets in.

Police in Mass. can have a loaded rifle or shotgun in their car while on duty.

Correct, MGL 140-131C-d:

Chapter 140: Section 131C. Carrying of firearms in a vehicle


Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

(d) The provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state or the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.

the AWB as LEO exemptions as well.

Correct, MGL 140-131m:

Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment


Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.

The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.

Also, the one that I find most important is that cops can posess firearms even while the subject of a restraining order.

From the ATF FAQ's

Q: Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?
Not if the firearms are received and possessed for official use only.

The law prohibits persons subject to certain restraining orders from receiving, shipping, transporting or possessing firearms or ammunition. To be disabling, the restraining order must:

specifically restrain the person from harassing, stalking, or threatening an “intimate partner” of the person (e.g., spouse);
be issued after a hearing of which notice was given to the person and at which the person had an opportunity to participate; and
include a finding that the person subject to the order represents a credible threat to the “intimate partner” or child of the “intimate partner” OR explicitly prohibits the use, attempted use, or threatened use of force against the partner.

However, the GCA has an exception for the receipt and possession of firearms and ammunition on behalf of a Federal or State agency. Therefore, the GCA does not prohibit a law enforcement officer under a restraining order from receiving or possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law if the officer received or possessed a firearm or ammunition for other than official use. (See question on officers’ receipt and possession of firearms and ammunition after a conviction of a misdemeanor crime of domestic violence. The government exception does not apply to such convictions.)

[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]

 

[Coyote33]

Police in Mass. can have a loaded rifle or shotgun in their car while on duty.

chapter and section?

the AWB as LEO exemptions as well.

chapter and section?

Oh, this thread has some potential, but I'll bite before the cop bashing really sets in....

Not "bashing" anybody. Just asking for some simple information, which is actually state law.

Another one, anybody know which law exempts police from the ban on carrying in schools?

 

[WaldoOneFive]

If you look at the post above yours, GSG provided the chapter and section and pasted the text from it for the first quote you just asked again about.

 

[Rob Boudrie]

Another one, anybody know which law exempts police from the ban on carrying in schools?

MGL chapter 269-10j (the "school ban") starts out "Whoever, not being a law enforcement officer, "

 

[MassMark]

Post this over on MassCops - just for fun and adventure....

 

[Mark from MA]

It's not that the LEOs themselves are exempt from the AG's regs- it's that the dealer is exempt from them when performing a transfer to a LEO.

This sounds like nitpicking but it is a very important distinction. (Lest someone get the wrong idea that handgun compliance is actually binding upon an individual, which it is not. ) .

-Mike

This is a very important point....a lot of my police friends get bashed because they can own non-compliant pistols....the reality is private citizens can own them as well......the hitch is that most dealers are just not willing to transfer because they are bound by the AG laws. Not us...

 

[Coyote33]

This is a very important point....a lot of my police friends get bashed because they can own non-compliant pistols....the reality is private citizens can own them as well......the hitch is that most dealers are just not willing to transfer because they are bound by the AG laws. Not us...

"Not us" being...?

 

[WaldoOneFive]

"Not us" being...?

You.


John Smith Private Citizen with LTC and no LEO status.

 

[Coyote33]

Oh, I thought he was some exempt dealer or something.

 

[drgrant]

Not "bashing" anybody. Just asking for some simple information, which is actually state law.

I have a question... are you really this lazy that you can't spend 10 minutes to find it yourself?

Hint 1: Most of these exemptions are right inside the same chunk of law that the prohibition is, usually some exclusionary clause(s). It's usually pretty easy to find them.

Hint2: Open up a chunk of MA gun law and search for the words "enforcement", you'll usually find it pretty quick.

-Mike