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Massachusetts Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Q: Can someone be charged with violating a repealed law?

I would like to know if I can be charged with violating a law if it has been repealed. Specifically, Chapter 90 Section 20B indicates that it was repealed in 1967. Can someone be charged with violating this law after it was repealed?

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answered on Jun 10, 2025

No, you cannot be charged with violating a law that was repealed before the alleged conduct took place. Once a law is officially repealed, it no longer has legal force or effect, which means it can’t be enforced or used as the basis for criminal charges going forward. If Chapter 90 Section 20B... View More

1 Answer | Asked in Education Law and Constitutional Law for Massachusetts on
Q: Can schools enforce a "Must remain seated mandate" at lunch in Massachusetts without a new handbook?

At my school in Massachusetts, a new "Must remain seated mandate" was implemented near the end of quarter 3, specifically during my lunch period on academic weeks, but not for any other lunch periods. This policy requires students to remain seated and imposes detention if anyone is... View More

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answered on Jun 11, 2025

You’ve already met the policy’s requirements by requesting recording five days in advance, so their blanket refusal conflicts with the district’s own rules. Send a formal, signed letter to the special education director (with copies to the principal and superintendent) quoting the exact board... View More

1 Answer | Asked in Communications Law and Constitutional Law for Massachusetts on
Q: Recording myself playing piano at public vocational school in MA - consent needed?

I want to record myself playing the piano located in a public area of a vocational school in Worcester, Massachusetts. The school is open to the public, and while my intent is to capture only myself, people might walk by in the background. The school's policy allows recording if it's only... View More

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answered on Jun 7, 2025

If you’re only recording yourself playing piano in a public area of the vocational school, and you're not intentionally capturing conversations or interactions with others, you likely don’t need explicit consent from people merely passing by. Massachusetts does have a two-party consent law... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Massachusetts on
Q: Does digital ageplay art depicting fictional underage characters break child protection laws?

I am concerned about the creation of purely digital ageplay art for personal use that depicts fictional characters with the proportions of adults but an intended age under 18. Does this kind of art break any child protection laws?

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answered on May 15, 2025

You're asking a difficult but important question, especially given how sensitive and serious the topic is. In the United States, child protection laws are strict and focus heavily on preventing the exploitation of real children. However, when it comes to purely fictional, computer-generated,... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Massachusetts on
Q: Is Question 1 from the Massachusetts ballot being enforced and audited?

I'm concerned about whether the enforcement of Question 1 from the Massachusetts voters' ballot is being carried out. Could you clarify if there have been any legislative refusals or challenges related to auditing in this context?

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answered on Apr 7, 2025

In November 2024, Massachusetts voters approved Question 1, granting State Auditor Diana DiZoglio the authority to audit the Legislature.

However, legislative leaders have resisted this change, arguing that it violates the separation of powers outlined in the Massachusetts Constitution....
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1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Massachusetts on
Q: Seeking relief from firearm disabilities in MA with a felony conviction.

I am seeking relief from firearm disabilities through the state or courts in Massachusetts. I understand that the Firearm Licensing Review Board (FLRB) will not review applications for felony convictions. I have a felony conviction, and I am looking for guidance on what legal options may be... View More

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answered on Apr 7, 2025

In Massachusetts, a felony conviction does create significant challenges when seeking relief from firearm disabilities. As you mentioned, the Firearm Licensing Review Board (FLRB) will not review applications involving felony convictions. However, there may still be some potential legal avenues for... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Is airport questioning and search of U.S. citizen on arrival legal under Fourth Amendment?

I am a U.S. citizen and hold a second citizenship from Russia. Upon landing at Boston Logan Airport on a flight from Moscow via Istanbul, my suitcase was searched by customs officers. They counted my money and questioned me for one hour without explanation, despite my 10-hour flight. I did not... View More

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answered on Mar 23, 2025

The treatment you experienced at Boston Logan Airport is likely legal under what courts call the "border search exception" to the Fourth Amendment. When you enter the United States, even as a citizen, customs officers have much broader authority to search luggage and question travelers... View More

1 Answer | Asked in Constitutional Law, Civil Rights and Education Law for Massachusetts on
Q: Did the Supreme Court confirm Harvard's intentional racism against Asian American applicants in Students for Fair Admissions v. Harvard?

I am trying to understand if the U.S. Supreme Court, in the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled on the allegation of intentional negative discrimination against Asian American applicants. Specifically, I am curious about the common... View More

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answered on Mar 23, 2025

The Supreme Court did not confirm that Harvard engaged in intentional racism against Asian American applicants in the Students for Fair Admissions v. Harvard case. The Court's 2023 landmark ruling struck down race-based affirmative action in college admissions broadly, but notably did not... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Massachusetts on
Q: Are investigative drugs by FBI legal?

I believe the FBI is using investigative drugs on me to determine if I committed a crime. Are there any laws that regulate or restrict this practice?

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answered on Mar 23, 2025

I understand your concern about the FBI using drugs during investigations. Let me help clarify this important issue for you.

The FBI and other U.S. law enforcement agencies are prohibited from using "truth serums" or forced administration of drugs to extract information or...
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1 Answer | Asked in Constitutional Law, International Law and Immigration Law for Massachusetts on
Q: Can Dominicans born abroad lose citizenship due to treason?

I want to know if Dominicans born abroad to Dominican parents can lose their Dominican citizenship due to treason, or are they immune due to jus sanguinis?

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answered on Feb 24, 2025

Under Dominican law, if you were born abroad to Dominican parents, you are considered a Dominican citizen by blood (jus sanguinis) and hold a protected status. This status grants you strong constitutional safeguards regarding your citizenship.

The Dominican Constitution makes a clear...
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1 Answer | Asked in Civil Rights and Constitutional Law for Massachusetts on
Q: What is the remedy if the police obtain an illegal confession then use it to force a plea in an unrelated case?

I was interrogated without a lawyer after requesting one and having verbally expressed my 5th Amendment privilege against self incrimination. I was not under indictment nor was I held on a complaint, yet the police told me I was not free to leave. The police report notes this. After an extended... View More

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answered on Sep 7, 2024

If the police obtained an illegal confession after you requested a lawyer and invoked your Fifth Amendment rights, that confession is considered inadmissible in court due to a violation of your constitutional rights. The remedy for this situation is typically to file a motion to suppress the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?

Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More

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answered on Jul 21, 2024

Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

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answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

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answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Do I need a gun license to purchase a blank gun in the state of Massachusetts?
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answered on Dec 23, 2023

In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More

1 Answer | Asked in Constitutional Law for Massachusetts on
Q: I am trying to determine if I can legally own a firearm after a hospitalization for depression.

Seven years ago I was involuntarily admitted to a mental facility due to severe depression. I am not sure if this meets the definition of being “committed to a mental hospital” which prohibits you from owning a firearm. My confusion lies in whether the legal system was ever involved. When I was... View More

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answered on Dec 6, 2023

In Massachusetts, the definition of being "committed to a mental institution" can impact your eligibility to legally own a firearm. If your hospitalization for depression was an involuntary commitment, it might meet this definition, depending on the specific circumstances and whether it... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Massachusetts on
Q: Can a prohibited person carry an Antique firearm in Massachusetts? What about possessing the ammunition?

I know you need an LTC to purchase the powder and ammunition but what about possessing it?

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answered on Nov 29, 2023

In Massachusetts, the laws regarding firearms can be quite specific. A prohibited person typically is not allowed to carry or possess any firearm, including antique firearms. However, under Massachusetts law, certain antique firearms may not be classified in the same way as modern firearms.... View More

Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet

The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... View More

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answered on Mar 5, 2023

If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.

An attorney can advise you...
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