Pepper Spray for Non-Citizens.

CMF

Joined
Sep 4, 2008
Messages
217
Likes
35
Feedback: 6 / 0 / 0
I couldn't find anything on this by searching.

I have an MA "Resident Alien Permit to Possess a Non-large Capacity Rifle or Shotgun". This is roughly equivalent to a FID for citizens, but I'm not sure whether it allows possession of pepper spray. The law (chapter 140 section 130H) specifically says rifle or shotgun and does not mention pepper spray. However, it also says that the permit is subject to section 129B unless otherwise specified, and this is the law for a citizen FID that allows pepper spray.

I am inclined to err on the side of caution and assume that this means my permit does not allow pepper spray, but if anyone knows different, I would be very pleased to hear it ...

Hopefully the issue will go away soon when MA passes one of the current bills that would make pepper spray available without a license (H2237, H2274, H2288, S929, S975 and S985).
 
Last edited:
FIDs and LTCs are usually "cumulative" and the lowest level FID allows chemical sprays. I see no reason yours wouldn't (IANAL) but I can't think of anyone that I would trust to ask the question and get a straight answer. I might be inclined to write a query to the EOPS Legal Department for a ruling but I doubt that they would ever provide one in writing.
 
Based upon the reading of C. 140 S. 131F, you can't own or posses any firearm period unless it's purpose is for firearms/sports competition.

Based upon my reading of the OP, you obviously don't understand what license he holds.

1. He has a RESIDENT alien FID Card; NOT a NON-Resident LTC.

2. The CHSB issues NON-resident LTC's to those who wish to carry concealed while conducting business in MA; not just competitions. Not as many as it could, should, or used to, but they are (occasionally) issued.
 
2. The CHSB issues NON-resident LTC's to those who wish to carry concealed while conducting business in MA; not just competitions. Not as many as it could, should, or used to, but they are (occasionally) issued.

It is my understanding that the current director of the CHSB interprets the section that allows issuance of non-resident LTCs to non-resident non-citizens as allowing issuance only for the purpose of competitions, and as such, is putting such a restriction on all non-resident permits issued to non-citizens.
 
1. He has a RESIDENT alien FID Card; NOT a NON-Resident LTC.

This is correct. I missed out the word "Resident" at the start of the permit name (it's so damn long it was easy to forget one word). I have corrected the original post.

Thank you for all the comments.
 
Hmm. Scriv, based upon your knowledge, what is the difference between a "resident alien" and a "non-resident"? The code seems to intimate that they are two separate definitions.

P.S. NM, I see the older post that was recently bumped regarding this exact subject. It answers my question.
 
Last edited:
Hmm. Scriv, based upon your knowledge, what is the difference between a "resident alien" and a "non-resident"? The code seems to intimate that they are two separate definitions.

A resident alien lives in MA. A non-resident does not :).

The resident can get an alien FID only. The non-resident can get a non-resident LTC. If the non-resident is an alien, it will be restricted due to the current CHSB administration's interpretation of MGL.
 
Add unconstitutional to your list. The OP's inablitliy to get an LTC is a clear and well documented 14th amendment violation. There's not need to rely on someones' understanding or reading of the law.
 
Per Ron Glidden, in reference to s. 131H, “According to the Firearms Record Bureau, this permit may be used by aliens to carry chemical sprays in a similar manner as the Restricted (Class D) FID Card.”
 
Per Ron Glidden, in reference to s. 131H, “According to the Firearms Record Bureau, this permit may be used by aliens to carry chemical sprays in a similar manner as the Restricted (Class D) FID Card.”

Awesome, I didn't think of looking at that book. Does it mention any written source for that information? In any case, I can use this to try and drag a written statement out of the FRB.

Thanks, SClafin.
 
Hi CMF,

Yes you can possess chemical propellants (MACE) with your resident alien permit to possess rifles or shotguns in Massachusetts.
Look at the new application form - at the bottom of page 3 it says:

Are you applying to possess chemical propellant (MACE) only? Yes ( ) No ( )
NOTE: With a permit to possess chemical propellant only you cannot purchase or possess rifles or shotguns, or purchase or possess ammunition for rifles or shotguns.


So with this option on the form it is clear that the application includes chemical propellants. If you answer the question with yes, the applicant won't need a firearms safety course.

Here is the application form:

http://www.mass.gov/Eeops/docs/chsb/firearms/Resident%20Alien_20100126.pdf

This form can be found on that mass.gov site:
http://www.mass.gov/?pageID=eopsterminal&L=3&L0=Home&L1=Firearms+Registration+%26+Laws&L2=Firearms+Support+Services&sid=Eeops&b=terminalcontent&f=chsb_frb_forms&csid=Eeops
 
hpm,

That's very nice, another strong indication that the Resident Alien permit is good for pepper spray.

Thanks!
 
CMF,

I also found this on the Mass. Gov. Public Safety website:

Persons who are not citizens of the United States, and are residents of Massachusetts may not possess large capacity rifles, shotguns, handguns or non-large capacity handguns.
These persons may only possess non-large capacity rifles, shotguns, ammunition, and chemical propellant spray.


Here is the link:
http://www.mass.gov/?pageID=eopsterminal&L=4&L0=Home&L1=Firearms+Registration+%26+Laws&L2=Firearms+Support+Services&L3=Firearms+Possession+Information&sid=Eeops&b=terminalcontent&f=chsb_frb_poss_res&csid=Eeops
 
Back
Top Bottom