Freedom Prevails in Berkley and Dracut

Kerrie Ann Auclair

Among other attacks on our Second Amendment rights in the labyrinth of Chapter 135 of the Acts of 2024, was a vast expansion of “prohibited places”. Section 124 of the Act basically stripped us of our right to self defense on government lands and properties.

“… a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas… a location in use at the time of possession for the storage or tabulation of ballots during the hours in which voting or tabulation is occurring or a polling place or early voting site while open for voting or within 150 feet of the building entrance door to such polling place or early voting site."

With a few exemptions for such things as hunting on public lands, the law allows the arrest and detainment of lawfully licensed citizens without a warrant.

One silver lining in this unconstitutional Marxist masterpiece is that local municipalities can opt out. Such a move would have to be conducted through whatever means the city, or town, creates ordinances/rules. Several towns have already launched efforts to do so. The latest success stories come from our fellow patriots in Berkley and Dracut! Civil rights won the day in each town when it was brought to their town meetings!

Congratulations to the citizens of those two towns! As much as the Massachusetts Government persists in squeezing the rights of citizens, their residents have spoken out against the transgressions of Chapter 135 time and time again. Their citizens voted against bigotry, corruption, and the attacks of anti-civil rights special interest groups.

CHAPTER 135, SECTION 124. Said section 10 of said section 269, as so appearing, is hereby further amended by inserting after subsection (j) the following subsection:
          (k)(1) Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of chapter 140, in a prohibited area, and knows or reasonably should know such location is a prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2 ½ years, or both such fine and imprisonment.
          (2) For the purposes of this subsection, “prohibited area” shall mean any of the following locations:
          (i) a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas thereof; provided, however, that a “prohibited area” shall not include any state-owned public land available to the public for hunting and provided further that a municipality may vote pursuant to section 4 of chapter 4 to exclude its administrative buildings from being a “prohibited area”; or
          (ii) a location in use at the time of possession for the storage or tabulation of ballots during the hours in which voting or tabulation is occurring or a polling place or early voting site while open for voting or within 150 feet of the building entrance door to such polling place or early voting site.
          (3) A law enforcement officer may arrest without a warrant and detain a person found in violation of this subsection.
          (4) It shall be a defense to a violation of this subsection that a person with the necessary license or card issued under sections 129B, 131 or 131F of chapter 140 to possess the firearm securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140.
          (5) This subsection shall not apply to a qualified law enforcement officer or a qualified retired law enforcement officer, as defined in the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. sections 926B and 926C, respectively, as amended or to a security guard employed at the prohibited area while at the location of their employment and during the course of their employment. Nothing in this paragraph shall limit the authority of any municipality, county or department, division, commission, board, agency or court of the commonwealth to adopt policies further restricting the possession of firearms in areas under their control.