Places you can't carry in MA

[Broc]

I was thinking about this today. I don't expect that much will happen before the election, but next January the legislature will introduce a bill widely expanding "sensitive places." That will likely include all state buildings, all county, city, and town buildings, all hospitals and medical facilities licensed by the state, the MBTA and all other transit systems in the state. Probably others I'm not thinking of as well.

I don't think they will do this, it would get killed in court.

 

[Rob Boudrie]

And they were restricted to stupid sh*t like "range" ... so you could still get on a train with your gun to go to the range. (Unless the MBTA was already no go).

The VIP ones were unrestricted.

The commoner version, that could be obtained with much time and hassle but was doable, was restricted.

Decades ago, there was a bill in NY to remove restrictions on pistol permits statewide. Then Mayor Koch announced that all restricted NYC pistol permits would be immediately revoked if the bill passed.

 

[Broc]

The VIP ones were unrestricted.

The commoner version, that could be obtained with much time and hassle but was doable, was restricted.

Decades ago, there was a bill in NY to remove restrictions on pistol permits statewide. Then Mayor Koch announced that all restricted NYC pistol permits would be immediately revoked if the bill passed.

I was talking about MA.

 

[Rob Boudrie]

I was talking about MA.

ooops......

 

[Garys]

They won't care because it will take years to adjudicate and would likely require the case to go to SCOTUS as the Federal District and 1st Circuit are currently the most liberal federal courts.

I don't think they will do this, it would get killed in court.

 

[Garys]

My math is Gov. Maura = Worst case scenario. It's clear that she hates gun owners and wants to do anything she can to cripple 2A Rights. BTW, I also have a contingency in place if she tries to ban AR platform guns.

Not necessarily - they may actually realize this is a non-issue (the media last reported only 4% of licenses were restricted, my figures from a few years ago was 92%). This is not like NY where the situation goes from VIPs only to large number of commoners.

 

[Broc]

They won't care because it will take years to adjudicate and would likely require the case to go to SCOTUS as the Federal District and 1st Circuit are currently the most liberal federal courts.

If MA wanted to do this, they would have done it.
MA seems to prefer to be low key about this stuff. My bet is on Maura, as governor, going after online sales, then going after the re-interpretstiom of the AWB.

 

[one-eyed Jack]

You can open carry at the Mill, but a Globe reporter might take your pic with a camera embedded in their ass. Also, do you think that them snooping around the Mill watching folks buy lowers on/around the anniversary of Maura's decree is a coincidence? The Littleton ass't fire chief told me that the reporter called him and asked him about me, my attitude and what I had told her. He said : "Yes, that was Jack". Jack.

 

[Rob Boudrie]

You can open carry at the Mill, but a Globe reporter might take your pic with a camera embedded in their ass. Also, do you think that them snooping around the Mill watching folks buy lowers on/around the anniversary of Maura's decree is a coincidence? The Littleton ass't fire chief told me that the reporter called him and asked him about me, my attitude and what I had told her. He said : "Yes, that was Jack". Jack.

Shops should give people paper bags to carry out their merchandise and figure out how to assure privacy during the transaction.

 

[Broc]

You can open carry at the Mill, but a Globe reporter might take your pic with a camera embedded in their ass. Also, do you think that them snooping around the Mill watching folks buy lowers on/around the anniversary of Maura's decree is a coincidence? The Littleton ass't fire chief told me that the reporter called him and asked him about me, my attitude and what I had told her. He said : "Yes, that was Jack". Jack.

You hurt her feelings.

 

[Garys]

I have a reusable Target bag for just that purpose.

Shops should give people paper bags to carry out their merchandise and figure out how to assure privacy during the transaction.

 

[tinhorn]

Shops should give people paper bags to carry out their merchandise....

I bring my own Hello Kitty bag.

....and figure out how to assure privacy during the transaction.

Privacy? Hell, I show off my new treasure to at least three people in the line behind me while the paperwork is being processed.

 

[CAESAR]

I read that article too. I thought this was an interesting paragraph.

School grounds, without prior written permission from the board or officer in charge, not including guns that are properly stored prior to entering school grounds.

Who is officer in charge? A principle of a school or provost of university can issue this permission in writing?

 

[X14478]

I bring my own Hello Kitty bag.



Privacy? Hell, I show off my new treasure to at least three people in the line behind me while the paperwork is being processed.

Many years ago when I bought my first rifle from B and B Reloaders in Hyde Park, it was given to me in a trash bag. I was told all long guns leave in trash bags, ‘’nobody will have any idea what you have‘’

 

[consultant]

Thanks Len.

Can you carry a gun in a casino Massachusetts?
Reg. 138.20. Section 138.20 - Possession of Firearms (1) The system of internal controls submitted by a gaming licensee in accordance with 205 CMR 138.02 shall include a policy prohibiting any person from possessing a firearm within or upon the premises of a gaming establishment.
Casetext - CoCounsel › regulation › s...
Possession of Firearms, 205 Mass. Reg. 138.20 - Casetext

 

[Palladin]

Many years ago when I bought my first rifle from B and B Reloaders in Hyde Park, it was given to me in a trash bag. I was told all long guns leave in trash bags, ‘’nobody will have any idea what you have‘’

1977. I walked out of ivanhoe's in Watertown with a shotgun, no box, no bag, nothing. A girl I had just broken up with was at the lights in her car. She had the look of horror on her face

 

[Len-2A Training]

Can you carry a gun in a casino Massachusetts?
Reg. 138.20. Section 138.20 - Possession of Firearms (1) The system of internal controls submitted by a gaming licensee in accordance with 205 CMR 138.02 shall include a policy prohibiting any person from possessing a firearm within or upon the premises of a gaming establishment.
Casetext - CoCounsel › regulation › s...
Possession of Firearms, 205 Mass. Reg. 138.20 - Casetext

Not even LEOs can legally carry in ANY MA casino. Only the MSP assigned to the gambling unit are allowed to POSSESS firearms on casino property. This CMR slid by everyone (GOAL, Comm2A, etc.).

 

[Rob Boudrie]

Not even LEOs can legally carry in ANY MA casino. Only the MSP assigned to the gambling unit are allowed to POSSESS firearms on casino property. This CMR slid by everyone (GOAL, Comm2A, etc.).

An important distinction is that this is a CMR, with far less onerous consequences than a violation of MGL, and even a worst case does not trigger misdafelony federal prohibited person status. Similarly, there is a CMR banning carrying of firearms at Logan Airport except cased for transport, and any explosives you are carrying must be checked in and with and stored by the MSP during any visit to Logan.

Carrying on the surface of the water within 500ft of local is an MGL violation.

(largely a self dupe for a years ago post)

 

[Rob Boudrie]

Just watch Longmire for an edumacation on that.

Actually, Longmire even got Squamish v. Oliphant (SCOTUS) right, which surprised me when I heard it on the show. Good research by the writers. It was one line at the bar uttered by the older Indian with a crew cut complaining about how that case gutted their ability to enforce tribal law.

Non-Indians cannot be tried by a tribal jury, and there is no provision for a non-tribal jury, which makes it virtually impossible for an Indian tribe to prosecute a non-Indian for violation of tribal law, but I believe the state or fed can prosecute only if the action is also a violation of state of federal law. The basis for this decision was that it is unconstitutional for a person in the US to be tried by a racially selected jury.

 

[free]

An important distinction is that this is a CMR, with far less onerous consequences than a violation of MGL, and even a worst case does not trigger misdafelony federal prohibited person status. Similarly, there is a CMR banning carrying of firearms at Logan Airport except cased for transport, and any explosives you are carrying must be checked in and with and stored by the MSP during any visit to Logan.

Carrying on the surface of the water within 500ft of local is an MGL violation.

(largely a self dupe for a years ago post)

Is that the MGL § 61 everyone always brings up and talks about? You should read it again, for today. Thanks

 

[RKG]

Fortunately, CMRs don't have quite the same bite as MGLs, but they are still real. . . .

Herewith, for what it may be worth, my take on the issue of carrying in a Massachusetts licensed gaming casino and 205 CMR § 138.20:

Interpretive vs. Legislative. With respect to regulations promulgated by Massachusetts executive agencies, the term “regulation” is potentially ambiguous.

Agencies may promulgate “interpretive regulations,” which are nothing more than advance notice as to how an agency interprets the terms of an act of the General Court, i.e., what position the Agency will take on the meaning of a regulation if the question ever arises in court. Interpretive regulations have no force of law and will be reviewed de novo by a court.

“Legislative regulations” amount to an exercise of the General Court’s otherwise exclusive power to enact laws, which the General Court has limited power[1] to delegate to an executive agency. A legislative regulation must derive from a specific such delegation contained in the Agency’s organic statute.

The Gaming Commission. While I have not done specific research on the point (and don’t intend to), my take on § 138.20 is that it is a legislative regulation promulgated under a delegation by the General Court to the Gaming Commission to enact regulations governing the conditions under which the Commission can license conduct by gaming licensees. So far as I am aware, the General Court has not delegated power to the Gaming Commission to promulgate regulations governing the conduct of the public at large, or even those attending a gaming facility. This is consistent with the actual language of § 138.20, which by its terms addresses only a purported condition of a gaming license directing action by the gaming licensee.

As a result, my take is that § 138.20 does not make carrying a firearm by a member of the public a crime. Rather, the “notice” the posting of which by a gaming licensee is mandated by § 138.20, has no greater (or lesser) legal effect than any other “No Guns on Premises” notice posted by any other owner of premises.

That said, I am not addressing the issue of whether, even if not criminal, carrying a firearm when visiting a casino is wise. Or, for that matter, whether visiting a casino (armed or not) is wise.

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[1] For those interested in the “non-delegation” doctrine, see Benjamin M. McGovern,Reexamining the Massachusetts Nondelegation Doctrine: Is the "Areas ofCritical Environmental Concern" Program an Unconstitutional Delegation of Legislative Authority?", 31B.C. Envtl. Aff. L. Rev. 103 (2004), http://lawdigitalcommons.bc.edu/ealr/vol31/iss1/5