Is It Legal to Carry Mace in Massachusetts?
Mace, yes the Mace found in those handy little self-defense sprays in the form of pepper or tear gas, is legal to possess in Massachusetts. Further, although Massachusetts law does not specifically address Lethal Mace, a chemical product designed to incapacitate subjects by causing them to lose muscular control of their extremities or to inhibit vocal articulation, Massachusetts law defines "firearm" to include such Mace in the definition of firearm because Mace is categorized as a firearm by the Federal Bureau of Alcohol , Tobacco and Firearms.
Gun dealers that acquire Mace in the form of pepper or tear gas are subject to regulation by the state and must acquire a license to do so. The acquisition manner is by a background check on the buyer of the mace product to determine if the buyer may legally possess the mace.
There are limitations to the purchase of chemical mace in Massachusetts where recent news reports have indicated individuals using chemical mace sprays on large groups of people for purposes other than self-defense of a person or home. This act is the crime of assault, but prosecutors may also bring terrorism charges against the perpetrators depending on seriousness of acts of sociopathic behavior conducted by unregulated purchasers of Mace looking to harm the citizens of Massachusetts.
How To Buy Mace in Massachusetts
Anyone who considers buying mace in Massachusetts should be aware of the legal requirements for purchasing it. The first is age. To legally purchase mace in Massachusetts, you must be at least 18 or older. Otherwise, you need a gun permit. Another thing is that you don’t need any gun license in order to buy mace for self-defense. In fact, numerous people choose to use mace or other non-lethal weapons instead of firearms for self-protection at home or on the go. Furthermore, there’s an exception to the law. If someone were to sell or give you a can of mace, that person requires a license to sell it, but even then, you don’t need a license to obtain it. For those who are familiar with Massachusetts gun laws, permits and licenses can be highly confusing. To set the record straight, you don’t need a gun license to own and/or carry mace in the state. In fact, mace is not even classified as an illegal firearm under Massachusetts gun laws. Furthermore, there is no crime for possessing mace in a restricted area like hospitals, courthouses or amusement parks. However, territory like nightclubs or bars where minors are not permitted is probably best avoided when carrying mace. Furthermore, whoever wishes to sell mace in Massachusetts is required to apply for a license from the executive office of safety and security. However, given that the law does not require buyers to have licenses to buy the mace, this should not deter you from buying your mace.
Pepper Spray Vs Mace: The Difference
Despite the common perception, mace is actually a specific type of pepper spray, rather than a name for pepper spray in general. Mace was patented as a trademark in 1965 and has become a popular term in law enforcement and military circles.
While most people think of mace (the trademarked term) as being equal to pepper spray, mace has always been classified as a tear gas. The brand name Mace originally referred to tear gas containing a chemical called phenacyl chloride, while the spray that most people think of when they hear "mace" is pepper spray.
Many manufacturers have since altered the chemical makeup of their own mace products to resemble pepper spray more closely. In fact, most modern products sold under the brand name Mace are, in fact, not the original chemical compound, but pepper spray instead.
Whether consumers understand the difference or not, however, doesn’t change Massachusetts laws surrounding the use of these self-defense tools. The Commonwealth views both pepper spray and mace in similar terms and, as a result, is fairly strict about the laws governing how you may obtain and use them in public, including at schools and on campus property.
It’s important to know that though pepper spray and mace are generally legal for people to carry, it’s illegal to use them in Massachusetts in circumstances that a reasonable person would view as potentially dangerous to the general public.
Mace Penalty and Possession
In Massachusetts, the misuse of mace can lead to serious legal consequences. While Massachusetts law does not contain a specific "misuse of mace" provision, there are several related prohibitions that can apply.
One such provision is Massachusetts General Laws Chapter 265 Section 13A, which makes it a crime to use or carry certain items, such as a bludgeon, knife, or other dangerous weapon, with intent to cause harm or fear of harm. Under this law, if an individual uses or carries mace in a way that is intended to cause harm to another individual, this could be considered a violation of the law. For example, a person who sprays mace into a crowd with the intent to harm individuals or to incite violence could be charged under this provision. This can be interpreted broadly by law enforcement through applicable case law to include non-physical harm.
Another possible violation is Massachusetts General Laws Chapter 266 Section 120, which prohibits carrying a dangerous weapon on one’s person or in a vehicle . This includes, but is not limited to, carrying mace in a vehicle in an improper manner or carrying it within reach if the person has been previously convicted of certain crimes, such as assault or assault and battery. For example, a person who has been previously convicted of an assault and battery charge may be stopped by police and found to have mace on his or her person while driving, and this could lead to a potential violation of this law.
If an individual is found to have misused mace in Massachusetts, the penalties can vary depending on the specific circumstances of the offense. In general, if the person is charged under Massachusetts General Laws Chapter 265 Section 13A, this is a felony offense, and the individual could face up to 2.5 years in jail, a fine of up to $1,000, or both. If the person is charged under Massachusetts General Laws Chapter 266 Section 120, this is a misdemeanor offense, and the individual could face up to 2.5 years in jail or up to $100 in fines.
Mace as Self Defense
Mace can be a lawful substance in the context of self-defense. However, in the eyes of the law, self-defense does not allow for just any means of self-defense. By legal definition, self-defense is defined as, "the right to use physical force against another person in defense of yourself or a third-party to prevent harm, so long as the force you engage in is reasonable under the circumstance." When assessing whether the use of mace was a reasonable act of self-defense, the court will look at whether there was an imminent threat of physical harm, whether the amount of force used in self-defense was proportionate to the threat, whether the use of force was necessary in that moment, and whether you tried to retreat or avoid the altercation first. Further, individuals cannot legally claim self-defense in cases where they initiated, continued, or escalated the altercation. For example, if you are out at a bar and are in an altercation with someone but have not yet been harmed, you cannot pepper spray the person and then claim self-defense. Overall, some instances that may be perceived as lawful under the concept of self-defense, such as simple battery and assault with a deadly weapon, are not punishable by jail time in instances in which the action was deemed permissible self-defense. Under simple battery, section 13D, anyone charged with a first-time felony may receive a suspended sentence without being found guilty of any crime.
How To Properly Use Mace
If legally, you are in a position to use mace on your attacker for self-defense, don’t pull it out of your purse or pocket until just the right moment comes. You don’t want it to be seen as a pre-meditated action; you want to give that attacker every chance to back down and walk away. If your attacker charges you, you then have the legal right to spray the product in order to defend yourself. However, you must also realize that if the product is effective and you are able to avoid any physical contact with the person who just attacked you, you must not overuse the pepper spray after your assailant’s initial threat has passed. In other words, once your attacker is running away from you, you must resist user a second or even a third spray of mace. That is considered an unnecessary use of force , and is not usually allowed under Massachusetts law. In fact, if you purposely go beyond your legal limits of protecting yourself while using the product, and you injure the man or woman who attacked you, you might find yourself facing a civil lawsuit because of your own actions. If you spray an attacker and that person suffers an accidental injury as a direct result of their attack, you are legally protected from civil litigation. You are only required to exercise reasonable care during the defensive action itself. As long as you were not the one to initiate the action, you are legally qualified to use mace on someone who is attacking you, and you must follow the principle of proportionality in your actions. Anything beyond proportionate defensive action puts you at risk of criminal and civil litigation.