Massachusetts Gun Laws Questions

[rwfishman]

Does anyone know with accuracy if you are allowed to carry or own firearms in the home of a Licensed Day Care Provider?
I'd like to know:

1. If it is legal to do either.
2. If illegal, what are the repercussions?
3. A link to where I can find accurate information on the Massachusetts gun laws pertaining to this online.

I've received contradictory information concerning this topic and always want to do my best to obey the law.

Your help would be greatly appreciated.

Thank you.

 

[Rob Boudrie]

MA law does not provide sections saying what you may do, just what you can't do, so you are not going to find a section that specifically states where you may carry.

There is no law against carrying the home of a licensed day care provider UNLESS that provider is certified as a school (for example, a day care offering state certified Kindergarten). The usual trespass laws apply, but prosecution requires either advance "notice not to trespass" or refusal to leave when ordered by the person in control of the property.

You can read all the MA laws at https://malegislature.gov/Laws/GeneralLaws. Pay particular attention to Chapter 140 and Chapter 269.

 

[Disgorge]

Must be some really tough kids there...

 

[MisterHappy]

OP

Rob is correct.

As for the question posed in your point "3"....any advice you get is worth what you pay for it. The relevant MGLs that Rob posted are the only factual source.

What Rob, I, or anyone else says is opinion (though some are more informed than others), and AFIAK, there are no folks with JD after their names that post here as a "professional" service.

 

[MisterHappy]

Must be some really tough kids there...

 

[EC1]

MA law does not provide sections saying what you may do, just what you can't do, so you are not going to find a section that specifically states where you may carry.

There is no law against carrying the home of a licensed day care provider UNLESS that provider is certified as a school (for example, a day care offering state certified Kindergarten). The usual trespass laws apply, but prosecution requires either advance "notice not to trespass" or refusal to leave when ordered by the person in control of the property.

You can read all the MA laws at https://malegislature.gov/Laws/GeneralLaws. Pay particular attention to Chapter 140 and Chapter 269.

Rob, aside from just a day care, wouldn't he be able to carry if he has permission from the kindergarten/school?

 

[Rob Boudrie]

Rob, aside from just a day care, wouldn't he be able to carry if he has permission from the kindergarten/school?

Yes, but good luck getting that to happen.

The relevant MGLs that Rob posted are the only factual source.

You also need to look to the relevant court decisions. For example, MGL does not define a car (outside the trunk) to be "not safe storage", but Commonwealth v. Hyde does.

What Rob, I, or anyone else says is opinion (though some are more informed than others), and AFIAK, there are no folks with JD after their names that post here as a "professional" service.

True, and what JD tells you is also opinion.

If you doubt that, ask the JD "will you defend me for free if I am arrested for following your advice?".

 

[Len-2A Training]

MA law does not provide sections saying what you may do, just what you can't do, so you are not going to find a section that specifically states where you may carry.

There is no law against carrying the home of a licensed day care provider UNLESS that provider is certified as a school (for example, a day care offering state certified Kindergarten). The usual trespass laws apply, but prosecution requires either advance "notice not to trespass" or refusal to leave when ordered by the person in control of the property.

You can read all the MA laws at https://malegislature.gov/Laws/GeneralLaws. Pay particular attention to Chapter 140 and Chapter 269.

Rob,

I respectfully disagree. Please explain how any state certified kindergarten fits the wording in this law (short of a co-location in an elementary/secondary school)??

MGL C. 269 S. 10(j)

(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 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.