So today you are feeing lucky, you gather a bunch of friends and head to the casino in Everett determined to make your fortune. You and your friends are good, law abiding properly licensed Massachusetts concealed carriers and exercise your Second Amendment rights everywhere you go. You get to the casino and hit the craps tables and start to really pile up the chips. You are all bursting with enthusiasm over your newly found wealth.
While jumping up and down on a big hit, one of the concealed handguns falls out of the holster and lands on the floor. (Not to be preachy but, if you are going to carry, get a good holster that will keep the gun in place when you sit, stand, kneel, touch your toes, jump, run, get turned upside down on an amusement ride! Don’t cheap out on the holster.)
Your friend, in a flash, simply picks up his gun and re-holsters it, thinking no big deal. The person next to your friend sees the gun and freaks out as only a completely brainwashed anti-gunner can and starts to scream pointing at your friend like he just flashed her, made completely inappropriate comments to her and started grabbing her most personal parts, but he never did any of those things, he just dropped his gun. It did not even go off!
Well casinos, being very security conscious, have armed security personnel everywhere. And I do mean everywhere. Before your friend even realizes that this person is screaming at him, security has him pinned to the floor and handcuffs are being applied. Security stands him up and asked the screamer what happened to which she replies. “He has a gun and he pulled it out and was going to shoot me.” (Subsequently security video will demonstrate her vivid imagination.) Your friend tries to explain that the gun fell out but no one is listening as they are all trying to assuage the screamer. Finally, when security shows the screamer that the perp is handcuffed and rendered harmless does she stop screaming and security tries to find out what actually happened. Now it gets interesting.
You and your other friends gather around to help explain to security that he is licensed. Security tells everyone to go to the security office to get this taken care of and gives the screamer a handful of chips to make up for the terrifying experience.
In the security office your friend explains that he, and the rest of the group, are all properly licensed and are all carrying and licensed and security takes a look at his license. Security checks with each person in the group and asks everyone to turn over their firearms for everyone’s protection. Everyone agrees thinking that this great cooperation will get your friend out of this predicament.
About this time, two Massachusetts State Police troopers and several local police officers walk in to assist. There is a brief conversation amongst the security and law enforcement personnel after which every member of your group is placed under arrest, handcuffed and read your Maranda Rights. The charge is unlawful possession of a firearm in a prohibited place, i.e. a casino. Well, your cheapskate friend who would not spend the $50 to buy a good holster got you all arrested. You are each going to spend a lot more than your winnings for attorneys and may just do some jail time.
I bet you didn’t know that it is unlawful to possess a handgun in a casino in Massachusetts. It is very probable that you took your licensing course before casinos were approved for Massachusetts and this resulted in changes to the laws. Ignorance is not excuse with the law even if the law changes and you don’t get the memo. (For non-Massachusetts residents: In the Bay state, you can not own/possess guns, stun guns or ammunition without the permission of the state government. That permissions is only granted after you have taken a firearms safety course, filed an application which should take 40 days to process but currently is taking 6 months or more, pass a background check and be approved by your local police chief’s designee. And even then you many be not be allowed to carry a concealed firearm at the discretion of the police chief or the chief’s designee.)
Three lessons can be learned: 1) If you are going to carry, know Massachusetts gun laws, 2) It is not legal to carry a handgun in a casino in Massachusetts, 3) Keep the phone number of a good firearms attorney with you when you carry.
So where else is it illegal to carry your concealed handgun in Massachusetts.
- All federal buildings
- The US Post Office, including the PO parking lot
- The Massachusetts Statehouse – although this is relatively new
- Schools/school grounds
- Courtrooms – technically if so, ordered by the judge, however you are not getting past the metal detector at the front door to the courthouse, so you won’t get to the courtroom
- Casinos, yes, we already covered casinos
You are also restricted from carrying if you are under the influence of alcohol or drugs, both legal and illegal. Unlike driving, there is no specific blood alcohol level which is defined by law to guide us, so it becomes up to the law enforcement officer who decides to book you for the offence. If you had a drink and are carrying, behave – don’t give anyone a reason to think that you may be tipsy.
What about those pesky No Guns Allowed signs at some restaurants or retail stores? Are those signs enforceable? Can you be arrested for carrying in a place which has those signs? The short answer is no. Not enforceable in Massachusetts. However, if someone notices that you are carrying (your gun is printing) and an employee of the facility tells you to leave, leave immediately, don’t get into a 2A discussion, don’t try to explain that the place is safer with a legal concealed carrier is in the building, just leave. Although you won’t be arrested because the sign says so, if you refuse to leave or don’t leave fast enough, you can be arrested for criminal trespassing which is then compounded because you broke the law while in possession of a firearm. A better thing to do is, when you see the no guns sign, walk away and do not do business with a place that does not support the Constitution of the United States.
Ok, there has been a lot of legal stuff written here. Don’t just take my word for it. Ask your legal counsel, read the law, take a course on Massachusetts gun law, be proactive and make sure that you follow the law. As my friend John McAdam, who teaches self-defense law, eloquently says “it can be the difference from going home or going to jail”. By the way, John will be teaching a course at Riverside this Fall, don’t miss it.
Don’t forget that once you cross the border and leave Massachusetts, the laws are very different so check before you leave home. There are many great sources for information of every state’s gun laws both online and in print. If you own a gun, you must understand the law.
Be Safe, Be Responsible