Massachusetts Self-Defense Weapons: A Primer
The basic framework of self-defense laws in Massachusetts is that:
– you can use reasonable force to defend yourself with a weapon.
– you can use deadly force to defend yourself with a firearm when necessary to prevent death or serious bodily injury.
The specific details of how you may defend yourself are as follows:
– you cannot use deadly force when it is safe to retreat
– the amount of force you can use cannot be more than the level of force used against you
These general rules should be your first consideration when carrying a weapon for self-defense. One of the main things that the courts will use when deciding the specifics of self-defense cases will be whether the amount of force you used to defend yourself was reasonable or not.
So , given that you will always be judged on if the amount of force you used to protect yourself was reasonable, it is extremely important that you know what weapons you can legally carry with you.
Weapons of Legal Self-Defense in the Commonwealth of Massachusetts
If someone asks if they can legally carry a stun gun in Massachusetts, the answer is yes. Certain types of weapons are legally authorized for self-defense in Massachusetts, and may be used as such in a dangerous situation. Other weapons may be legally owned, but are not permitted to be worn on one’s person for self-defense. Still others are illegal to own or use at all.
It is worth noting that when citizens are charged criminally — even in firearm cases — the fact that your weapon was legally owned is not an overriding consideration in a trial or sentence. Massachusetts Jurisprudence reflects sentencing policies that take under advisement those who illegally possess weapons, whether or not they were carried for self-defense.
Pepper Spray
Massachusetts General Laws Chapter 140 § 131J regulates the carrying of pepper spray. You may carry pepper spray containing less than 5.4 ounces of Mace, or similar product, only if it is encased in or contained in a cylindrical device with a self-defense trigger and can of no greater than 1.4 oz. of pepper spray. This is a very small amount. If the self-defense trigger is released, then the spray will be emitted. The law also states that you cannot use the spray for anything other than self-defense.
Stun Guns
Massachusetts § 131J also allows residents to carry stun guns to protect themselves. However, Massachusetts requires a license to carry a stun gun. This is issued by the local police chief, and is reviewed on the same grounds as an application for a standard license to carry a firearm. Stun guns fall into the category of weapons that are illegal to wear or carry unless explicitly authorized, as in this case.
Personal Alarms
A personal alarm (which is not defined in the statute) is legal to wear or carry in Massachusetts. This is also true of a personal alarm "system" consisting of a series of personal alarms affixed to each other. This does not include other loud noises, such as car alarms or sirens.
Regulations and Prohibitions
In general, any licensed adult may purchase, possess, property own, sell, or transfer a firearm, rifle, shotgun, machine gun, or certain other weapons described above, with a few exceptions. In order to possess and carry a firearm in public, an adult must obtain a License to Carry a firearm (LTC) which is issued by Chief of Police, or an employment permit issued by the Colonel of State police. There are different requirements depending on whether you are a resident of Boston, a non-resident of Boston or the rest of the Commonwealth, a sizable part of the population resides outside of cities and towns. The law prohibits residents of the Commonwealth of Massachusetts who have been convicted of:
If you have been convicted of a firearm or weapon violation and have completed your sentence, you can obtain an LTC after five years. If you have committed a violent crime or were a youthful offender, you may obtain a Class B permit after five years, a Class A after ten years. Certain other provisions may require a longer waiting period. It is illegal in the Commonwealth for you to possess a firearm unless you have obtained a firearm identification card (FID). If you are under 18 years of age, you can obtain a FID if you have the written consent of a parent or a legal guardian. An adult seeking an LTC or FID must submit an application and obtain a drug test, as well as a fingerprint-based criminal history systems board check. A fingerprint-based criminal record is also required for a purchase of ammunition such as a handgun, shotgun, or a rifle. You must turn age 21 before you can obtain an LTC, you may obtain a FID at a younger age. There are no restrictions specifying ownership of a weapon so long as you comply with the prohibition against prohibited persons aforementioned and you and any person you give the weapon to, comply with the licensure requirements. If you do not qualify for a License to Carry, or Firearm Identification Card (FID), you cannot possess, purchase, transfer or own a weapon. If you do so, you will be charged with unlawful possession of a weapon which is a serious felony that carries a lengthy prison term and/or monetary fine.
Weapons that are Unlawful for Legal Self-Defense
Massachusetts defines "dangerous weapons" as those that are "designed, used, or intended for use in causing death or great bodily injury, or which, in the manner that they are used or intended to be used, are likely to cause injury." Dangerous weapons are categorized as either "easily concealable" or "easily prohibited."
Dangerous weapons that are easily concealed include:
"Easily prohibited" dangerous weapons include weapons "which, if used, are likely to cause injury." The following items are classified as this:
Knives, daggers, stiletto knives, dirks, and stilettos all fall under the category of knives. They are prohibited in Massachusetts whether they are used for self-defense or not. Pen knives are not prohibited as long as they are not also stilettos, daggers, or dirks. Many times, knives are deemed to be prohibited by either a judge or jury based on the location of a pointed blade, so it’s very important to follow the law in order to keep your knife legal.
A "blackjack," also known as a "sap," is "a device used or intended to be used to strike a person, having the bulk of its weight in a head secured to the end of a flexible handle, or otherwise, and normally capable of being swung like a whip." Blackjack clubs are not prohibited – as long as you do not use them against anyone.
A "slungshot" refers to a "shackle, tie, or other thing made fast to a strap or rope in the form or in the nature of a loop, noose or knot, or a cane with a heavy head, or any similar substance, or anything attached to a strap or rope and used to harm a person."
Any "bludgeon," meaning "an implement capable of inflicting serious bodily injury by striking another person," is not permitted.
The Commonwealth does allow people in their homes to use certain firearms in order to protect themselves. These are considered legal weapons of self-defense. But, if you are caught carrying a banned weapon – even if it’s on the way to the place where you will use it – there are legal penalties.
New Developments and the Legal Picture
In addition to the plethora of laws relating to firearms and weapons in Massachusetts, the Commonwealth has also seen several recent changes to gun laws and legal self-defense weapons. Massachusetts has enacted approximately 30,000 laws and regulations pertaining to firearms. In 2017, the Commonwealth saw a relatively large number of legislative changes. Although Massachusetts is a generally anti-gun state, one change that helps permit holders is the new option of applying for a lifetime firearms identification card. Originally, FID cards were issued to be valid for four years. Recent legislation extended the expiration date of FID cards from four to five years. The application process now allows individuals to apply once they reach the age of 15, rather than the previous minimum age of 17.
Gun buyers in Massachusetts must apply for a firearm identification card or a license to carry in order to purchase gun, rifles, or shotguns in the Commonwealth. FID cards are required to purchase ammunition in the state. Firearms licenses are generally valid for six years. Prior to this law change, Massachusetts residents had to renew their permits by mail or in person. The large volume of applications leads to longer renewal times. Although applicants can apply 90 days prior to their expiration date, applicants have reported that it takes several months just to get an appointment. The longer wait times also create problems for those who have permits or licenses that are about to expire. While the Commonwealth will not issue permits or licenses with an expired date , it does not excuse individuals who carry firearms without a permit.
The private sale of firearms in Massachusetts does not require a background check. Massachusetts does not allow non-residents to possess firearms in the state. Freezing gun trust assets is illegal in Massachusetts. As a result, Massachusetts residents should maintain accurate records pertaining to any weapons owned or obtained.
One of the most recent court rulings impacting gun owners in Massachusetts was an appellate court decision on firearms sales. The state law prohibits the sale of more than one handgun within any 30-day period. This law was challenged by a former firearms dealer. The former dealer contended that there was no rational basis for such a law, claiming that it was unreasonable and conflicted with gun owners’ right to bear arms. A Suffolk Superior allowance judge granted a motion for summary judgement in favor of the former dealer. However, the Appellate Court overturned the sumarry judgment.
Another important case involved an individual who was charged with illegally possessing ammunition. The district court dismissed the charges, stating there was no evidence the ammunition was used in a crime. When the case reached the U.S. Court of Appeals for the First Circuit, the trial court’s ruling was overturned. The Appeals Court noted that future cases could result in issues relating to the reasonableness of ruling and states’ rights to apply their own gun controls.
This year, the Supreme Judicial Court upheld a ruling that a police department acted inappropriately in denying a man’s firearm permit. The Court determined that an officer does not advise members of the public on the legality of firearms, they provide information on how create an application, and that they may not limit the information to the regulation.
Legitimate Ways to Protect Yourself
The following tips will help ensure that you make the best choices when faced with a self-defense situation while remaining legally protected in Massachusetts:
Surprise is your friend
The best way to stay safe when confronted with a potential attacker is to catch him or her off guard. A personal attack alarm can be used to distract, disorient and deter an assailant, allowing you the opportunity to escape.
Communicate with police officers
Be sure to carry a copy of the laws governing non-lethal weapons as well as any receipts for weapons in your possession. If you are approached by a police officer for any reason, be sure to fully inform him or her of any weapons you are carrying. This is especially important if you are carrying pepper spray, since concealed pepper spray is considered to be a dangerous weapon under Massachusetts law.
Use as directed
Be sure to read the instructions for using each self-defense tool you carry, and use it according to the directions provided. While any of these weapons can be used in a multitude of self-defense scenarios, it’s important to know how it’s supposed to work. Also, some personal attack alarms have more than one use—you may be able to also use them to block an assailant’s view of you as you escape, for example.
Conclusion and Further Resources
In conclusion, it is important for gun owners and self-defense enthusiasts to stay aware of the intricacies of Massachusetts law, especially when it comes to the use and possession of legal self-defense weapons. Massachusetts places a great deal of emphasis on the responsibility of firearms ownership, and this is reflected in the legal requirements that owners of firearms and other weapons must meet in order to protect themselves if a situation calls for it.
We invite you to continue your research on this matter so that you can be well-informed about the self-defense laws in Massachusetts. There are many resources available that can help you in your quest for knowledge. Individual firearm operations should also be aware of any restrictions placed on their organization concerning legal self-defense weapons , as there may be prohibitions in place in certain municipalities.
There are a number of online resources that can help you learn more about legal self-defense weapons in Massachusetts, including the Massachusetts state government’s website, and blog posts published by gun experts and self-defense enthusiasts.
If you’re interested in obtaining legal self-defense weapons in Massachusetts, keep in mind that there are waiting periods involved that can last anywhere from two weeks to more than 60 days, depending on the type of weapon. Additionally, various application procedures and approvals may be necessary before you are allowed to purchase legal self-defense weapons.
Specifics about the types of weapons available can change based on updates to Massachusetts law. You should check with the state government before assuming any specifics about legal self-defense weapons.