Massachusetts Law

Many people don’t realize how odd our state laws can be. But then maybe you try to get a gun license here, or buy flavored tobacco (gasp!). Then you realize how convoluted, restrictive, archaic, and arbitrary our laws can be.

I’m no lawyer, but it was actually fun reading law today and chuckling at it. Part of the fun comes from the fact that there are lots of older laws still on the books – from very different times. Like this one, which is still on the books:

“Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars…”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section36

That’s just hilarious if you live here and know the culture. I doubt this has been enforced in the past century. If you live in MA, just imagine calling the police on a blasphemous neighbor. At best, they would laugh, and at worst they would fine YOU for wasting their time. Yet this law is still on the books in MA!

I’m not even going to bother going over gun laws, but I’ve talked with a bunch of gun experts in this state – instructors, people who carry daily, people who have been shooting for many years, military and ex-military. Any of them will tell you how stupid MA is when it comes to firearm laws.

To be a lawful gun owner is an expensive hassle, and you are always wondering if you are doing something illegal. If you don’t believe me, just look up “open carry in MA” and see if you can figure out what the laws actually are, which license you need, which guns you can carry, and how much the cops will mess with you for doing it correctly.

They really don’t like the 2nd amendment here. Shotguns are actually legal, but it’s off to prison for life if you even hold one with a sawed-off barrel:

“…whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun… shall be punished by imprisonment in the state prison for life…”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10

Here’s another fun one. Remember, these laws are all currently in effect in MA:

“A subversive organization is hereby declared to be unlawful.”

“The Communist Party is hereby declared to be a subversive organization.”

“Any person who becomes or remains a member of any organization knowing it to be a subversive organization shall be punished by imprisonment in the state prison for not more than three years”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter264

You are reading that correctly – any organization MA deems “subversive” can fall under this.

“Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section34

Homosexual marriage is legal in MA, but absolutely no crimes against nature! When was the last time they enforced that one?

I’m no lawyer, but I feel there should be some changes made here. I dislike when laws:

  • Are unfairly/unevenly enforced (such as cops never getting speeding tickets even when off duty)
  • Make it difficult to exercise rights afforded by the Constitution
  • Are left on the books even when outdated, leading to a huge body of convoluted/conflicting law that makes it easy for the State to go after people for just about anything – to literally throw the book at them.

A great book to check out is Everything I Want to Do is Illegal. It’s enjoyable to read, and you will find yourself frustrated at a government who makes it impossible for a well-meaning and competent farmer to make a living.

Finally, this law just gives me all kinds of nefarious ideas 😀

“Whoever sells or offers for sale a stink bomb shall be punished by a fine of not less than ten nor more than two hundred dollars.”

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section15

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