Not "bashing" anybody. Just asking for some simple information, which is actually state law.
I'm not accusing you of bashing anyone
![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
. What I'm saying is that this topic has "locked thread" written all over it, and that not everyone can seem to apply logic to discussions involving the police on internet gun forums.
Another one, anybody know which law exempts police from the ban on carrying in schools?
(FYI, all the bolded parts of my posts in this thread are clickable links to the Massachusetts General Laws website).
Yes,
MGL Chapter 269 Section 10j:
(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.
Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.
Also, something I didn't expand on before,
MGL 140-131m, the Massachusetts version of the Assault Weapons Ban, exempts law enforcement (but only for use with duty weapons, unless they're retired LE), but it doesn't exampt members of the military from posessing post ban equipment, not even when it was issued to them
![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
:
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, cops can "carry on their badge," even in Mass. without an LTC. If they carry this way, they are exempt from a few more minor areas of Mass. gun laws.
While on duty, cops are exempt from
MGL 140-131c, as I quoted before. But if they were "carrying on their badge" without an LTC off duty then the law also wouldn't apply to them:
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.
(e) A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the licensing authority who shall immediately revoke the card or license of the person so convicted. No new such card or license may be issued to any such person until one year after the date of revocation.
If a cop were carrying off duty on their badge without an LTC, then they would be exempt from
MGL 269-10h, which makes it illegal to carry a gun while under the influence of drugs or alcohol.
Chapter 269: Section 10H. Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment
Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
And finally, if a cop were carrying off duty on the badge without an LTC, they would be exempt from the last part of
MGL 140-129C(u):
Any person who, while not being within the limits of his own property or residence, or such person whose property or residence is under lawful search, and who is not exempt under this section, shall on demand of a police officer or other law enforcement officer, exhibit his license to carry firearms, or his firearm identification card or receipt for fee paid for such card, or, after January first, nineteen hundred and seventy, exhibit a valid hunting license issued to him which shall bear the number officially inscribed of such license to carry or card if any. Upon failure to do so such person may be required to surrender to such officer said firearm, rifle or shotgun which shall be taken into custody as under the provisions of section one hundred and twenty-nine D, except that such firearm, rifle or shotgun shall be returned forthwith upon presentation within thirty days of said license to carry firearms, firearm identification card or receipt for fee paid for such card or hunting license as hereinbefore described. Any person subject to the conditions of this paragraph may, even though no firearm, rifle or shotgun was surrendered, be required to produce within thirty days said license to carry firearms, firearm identification card or receipt for fee paid for such card, or said hunting license, failing which the conditions of section one hundred and twenty-nine D will apply. Nothing in this section shall prevent any person from being prosecuted for any violation of this chapter.
So theoretically, a cop carrying off duty on their badge without an LTC in Mass. could do so drunk, with the gun out of their direct control in a vehicle, and not disclose upon demand without breaking any laws or getting the gun taken away.
But, before anyone freaks out, most (if not all) departments require that an officer maintain an LTC, so in real life I doubt this ever happens.
They arent exempt, per se, from traffic laws (including DUI)-but there is certainly a "professional discression" that is applied to the situation.....
I know of way more cops who've been unjustly arrested by other cops than have been let go in Mass. Like anything else that's a coin toss, but with all the inter-agency rivalries and such, cops shouldn't expect to get away with anything.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
![[offtopic]](/xen/styles/default/xenforo/smilies.vb/038.gif "Off Topic [offtopic]")
