Chapter 90: Section 7AA. Child passenger restraints; fine; violation as evidence in civil action.
Section 7AA. No child under age five and no child weighing forty pounds or less shall ride as a passenger in a motor vehicle on any way unless such child is properly fastened and secured, according to the manufacturer's instructions, by a child restraint as defined in section one.
No child who is five years of age or older, but not older than twelve years of age, shall ride as a passenger in a motor vehicle on any way unless such child is wearing a safety belt which is properly adjusted and fastened according to the manufacturer's instructions. The provisions of this section shall not apply to any such child who is: (1) riding as a passenger in a school bus; (2) riding as a passenger in a motor vehicle made before July first, nineteen hundred and sixty-six, that is not equipped with safety belts; (3) physically unable to use either a conventional child passenger restraint or a child restraint specifically designed for children with special needs; provided, however, that such condition is duly certified in writing by a physician who shall state the nature of the disability as well as the reasons such restraints are inappropriate; provided, further, that no such certifying physician shall be subject to liability in a civil action for the issuance of or for the failure to issue such certificate. An operator of a motor vehicle who violates the provisions of this section shall be subject to a fine of not more than twenty-five dollars; provided, however, that said twenty-five dollar fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.
A violation of this section shall not be used as evidence of contributory negligence in any civil action. A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.
Citizens Complaint Procedures In order to sign a complaint charging any individual with a criminal offense, you are requested to complete criminal application forms and return them to the Uxbridge District Court Clerk's office during normal business hours, in person. The Uxbridge District Court office hours are 8:30 am to 4:30 pm, Monday thru Friday. The telephone number is (508) 278-2454.
Upon review of these forms, the court will prepare a formal complaint for you to sign under oath. Complaints are only issued if the court determines that probable cause exists. In some cases you may have to appear before the judge, in court, and give formal testimony to establish probable cause to the satisfaction of the judge.
Filing a police report does not constitute a formal complaint with the court. In most cases a Police Officer may have to witness a particular offense in order to make an arrest. Should the officer not witness the offense, the person making the allegation must sign the complaint. All defendants are considered innocent until proven guilty in a court of law. As the complaintant, you must be prepared to prove your case in court.
It is recommended, but not required, that you consult with your attorney before signing any complaints.
Firearms Registration and Laws
Firearms Identification (FID) Card An FID card authorizes the possession and carrying of non-large capacity rifles and shotguns. An FID card may, at the request of the applicant, be limited to the possession of mace and other incapacitating sprays. No person under the age of fifteen may be issued an FID card. No person who is fifteen but less than eighteen years of age may obtain an FID card without parental permission.
License to Carry (LTC) Fireams There are presents two classes of license to carry (LTC) firearms: Class A and Class B.
A Class A LTC authorizes the possession and carrying of large capacity firearms, rifles, shotguns and feeding devices. A weapon is large capacity if it is a semi-automatic and has or is able to accept a feeding device of more than ten rounds of ammunition or more than five shotgun shells. A Class A LTC is required in order to carry any loaded firearm in a concealed manner in a way or place.
A Class B LTC authorizes the possession and carrying of non-large capacity firearms as well as large and non-large capacity rifles and shotguns. No person under the age of twenty-one may be issued either a Class A or Class B LTC.
Application/Renewal Changes Applicants for Class A or B licenses, FID cards or Permits to Purchase, who were not licenses on June 1, 1998, are required to submit a certificate of completion of a basic firearms safety course, or a certificate of completion of a hunting safety course issued by the Massachusetts Division of Fisheries and Wildlife. Certificates of course completion are not required for FID cards issued for the sole purpose of purchasing or possessing mace or other incapacitating sprays.
No LTC or FID card may be issued unless the Colonel of the State Police certifies in writing that the information available to him does not indicate that the applicate is disqualified (the Colonel may ask for change in the law so that records checks may continue to be done by local licensing authorities).
A chief may issue a Class A or Class B LTC to a non-disqualified person who is "suitable" and who has "good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only". A chief may also impose restrictions that he deems "proper" relative to the possession, use or carrying of the weapons authorized by the respective licenses. A violation of a restriction is cause for a suspension and is punishable by fine, but it does not negate the validity of the license for the purposes of M.G.L. c. 269, §10.
The fee for all licenses is $100.00. There is no renewal fee for persons over the age of 70, or for the renewal of an FID card issued solely for the purchase of mace. A breakdown of the application fee is as follows: $50 - Commonwealth of Massachusetts; $25 - Licensing Authority; $25 - Firearms Fingerprint Identity Verification Trust Fund.
For answers to specific questions regarding the licensing process or to schedule an appointment, please feel free to contact dispatch at (508) 883-3117. You may obtain the firearms application by either picking one up at the Millville Police Department or by printing one here.