What is off limits in Mass, school buildings or school grounds?

[DickWanner]

Aside from the 1000ft rule, is carrying on school grounds itself illegal? And what is the rule on school events, specifically football fields not attached to a school in any manner.

 

[KMaurer]

The 1000 foot rule is part of the federal law, not Mass law. It doesn't apply to persons carrying with a valid state permit. Massachusetts law prohibits carry (not transportation) in schools. That would include the school grounds as well as the buildings. Athletic events and similar school functions would only be covered if they take place on school property.

Ken

 

[jar]

Massachusetts law prohibits carry (not transportation) in schools.

Does this mean it's legal to park in a school parking lot with a gun locked in your car?

 

[drgrant]

Does this mean it's legal to park in a school parking lot with a gun locked in your car?

The way the law is worded the whole "on ones person" thing would
suggest that, but I don't think there's ever been a test
case.

-Mike

 

[Rob Boudrie]

The way the law is worded the whole "on ones person" thing would suggest that, but I don't think there's ever been a test case.

There have indeed been cases (I don't have a cite, but I trust the source of the info) where the prosecutor determined he did not have a case since the "on the person" requirement was not met. Even so, arrests have been made and there is always that "suitable person" thing.

The prohibition in 269-10j is more specific than the prohibition in other portions of 269. The courts will generally assume that differences in wording within the same section of law conveys a difference in meaning.

The most important thing for someone in such a situation is to do whatever possible to assure the arrest report includes the exact location of the gun to substantiate the defendant's claim it was not "on his person" as specified in 269 10j.

 

[M1911]

Aside from the 1000ft rule, is carrying on school grounds itself illegal? And what is the rule on school events, specifically football fields not attached to a school in any manner.

MGL Ch269 S10j:

(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.

If the football fields are owned by the school department, then they would be off limits.

 

[Lugnut]

But to me "carries on his person" is not the same as locked in a car.

 

[mikem317]

But to me "carries on his person" is not the same as locked in a car.

True. You could always check the school's website and see if there's a policy violation. Most school's police officers are endowed with "normal" police powers.

 

[mikem317]

EDIT: I think it also includes "grounds". So if the parking lot is on the school's "grounds", you are technically forbidden to store your weapon on campus in your locked car that's parked in the parking lot.

 

[M1911]

EDIT: I think it also includes "grounds". So if the parking lot is on the school's "grounds", you are technically forbidden to store your weapon on campus in your locked car that's parked in the parking lot.

It does indeed include the grounds. I posted the language just 3 posts above, but perhaps you missed it. Here it is again, with emphasis:

(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.

 

[Coyote33]

I wonder if anyone has ever gotten the permission to do this in MA.

See also:
UMass Hospital Considered College Campus??