School Shootings in MA and How to Protect Yourself

While it is a topic no one ever wants to think about or plan for, school shootings are a reality today. There is no way to prevent any and all school shootings, just as there are no sure-fire ways to prevent any other tragedy. School shooting incidents can happen in any school, public or private, and across all geographic and socio-economic lines. Even though there is a randomness to school shooting incidents in this country, there are steps students and adults can take to protect themselves if they are ever in a school or work shooting incident. Parents should also be aware of the laws that may affect them if their child is ever implicated in a gun-related incident. If your child is accused of a violent crime in school, you should speak with a criminal lawyer who is experienced in juvenile law.

Ways to Protect Yourself

Living in fear is not an option, but there are ways to minimize the chances of becoming a victim. Many schools are incorporating active shooter drills into their safety plans and procedures, just as they have conducted fire and tornado drills. These drills can make students more aware of their surroundings, including being conscious of escape routes for various parts of the building. One action everyone should try and take is to physically distance themselves from a shooter. Many people freeze when confronted with something so unexpected and frightening. Rewiring your mind to take action and flee can take practice and forethought, but it can also save your life. Another maneuver being taught as part of active shooter drills is how to properly hide and barricade yourself. Hiding completely out of sight, away from doorways and windows is ideal. Locking doors and covering windows also increases the likelihood that you will come away unscathed. As with any drill, the more a scenario is practiced and discussed, the better prepared everyone will be.

Parental Responsibility if Children Commit a Gun Crime

Whenever a minor child has committed a crime resulting in damages or injuries, the parents or legal guardians can be held accountable, according to Massachusetts law. When it comes to weapons, there can be serious consequences if a minor commits a crime with their parent’s gun. Massachusetts has a Child Access Prevention Law and Locking Device Law. These laws are designed to minimize the chance of a child getting a gun. The laws also work to prevent accidental discharge. Guns in Massachusetts homes with children must be locked up. If they are accessible, and parents or guardians have reasonable knowledge that a child can access the weapon, that adult can be held criminally responsible for the actions of the child with that gun. The penalty for violating the Child Access Prevention Law can be a fine or even jail time for parents.

When parents abide by the laws pertaining to child access of guns, the incidence of children getting a hold of a gun drops dramatically. When people know how to best safeguard themselves and teach themselves how to react in a school shooting situation, there is a greater chance of survival. Preparedness, combined with knowledge of the current Massachusetts statutes, can help make schools and society a little bit safer for us all.

By Anna Shapiro

Bullying in Today’s Society

All you have to do is turn on the news to see how prevalent bullying is in today’s society. Massachusetts enacted strict anti-bullying legislation in 2010, setting a precedent for how other states handle bullying in schools. However, despite the strict legislation, bullying does still occur and it has very serious consequences for children and families. Those consequences can be physical, emotional, and affect academics. Every child and adult has the right to feel safe in school and at work. However, bullying of any kind can take a safe and secure environment and make it a place to be dreaded and feared.

Bullying Defined

According to the Attorney General of Massachusetts and the law passed in 2010, bullying is defined as continued aggressive behavior that is indirect or direct towards another. That behavior can be physical, verbal, non-verbal, gestures and any behavior that is deemed intimidating. Bullying now includes the use of technology to harass, threaten, or intimidate someone. A recent amendment to the law also protects students from being bullied by staff members at school.
Legally Enforced Bullying Prevention Plans in Massachusetts
Every school in Massachusetts receives federal funding to address bullying. The schools are required to implement steps to prevent and deal with bullying on school grounds. According to law, schools in Massachusetts must enforce the following prevention plan steps or actions:

•    Provide a means of anonymous reporting
•    Outline measures for school staff to report bullying
•    Schools must address the immediate safety needs of a victim
•    Clear steps must be taken to investigate and respond to a bullying situation
•    Provide protection for those who report bullying incidents
•    Parent and guardian notification must be made by school
•    Disciplinary action must be taken for false reports of bullying
•    Counseling or support resources must be made available for victims
•    Training and professional development for school staff must be available

Bullying in School

The measures and action plans implemented in Massachusetts give clear guidelines for all school administrators, staff, and students to follow. Yet, it is estimated that one middle school student out of four is bullied at some point. There may be times when the school does not follow the state mandated approach for various reasons. There may also be situations when the bullying behaviors goes beyond the reaches of the school system and constitutes a civil rights violation. A no-contact order may be needed to address concerns about safety. If violated, the situation then becomes a criminal matter. The protection of the child is of the utmost concern for parents. The frightening consequences of bullying can affect victims and their families in many ways. The Law Firm of Anna Shapiro, Esq., PC can help Massachusetts residents determine if a bullying situation is being handled correctly. We can help make sure the right steps are taken and the best protections are incorporated. If you feel the steps taken by the school system or other authorities are not enough or effective, we may be able to help. Anna Shapiro, Esq., PC, will do everything possible to restore the sense of safety and security that has been compromised and protect the rights of your family.
By Anna Shapiro

Gun Laws in Massachusetts

Massachusetts has some of the strictest gun laws in the country. Acquiring a license and permit for handguns, rifles, or shotguns can be a complicated process. However, if someone tries to circumvent the proper channels, the consequences can be severe.

Ownership of rifles or shotguns that hold ten rounds of ammunition or less requires a Firearm Identification Card. A Class B license to carry a weapon is required for a handgun or long guns. A Class A license is needed to carry a concealed weapon in Massachusetts. It is illegal to sell or transfer a gun, ammunition, or feeding devices to anyone who does not have the permit or necessary license to own them.

Gun Storage Laws

There are also strict guidelines when it comes to storing guns in Massachusetts. The law requires that guns are either locked up or have a trigger locking device to prevent accidental discharge. When transporting a gun in Massachusetts, it needs to be unloaded in a case or have a trigger lock device. For non-residents, there are different requirements. A non-resident can have a rifle or shotgun in Massachusetts if they have a valid Massachusetts hunting license. They may also have a gun if they are at a firing range. A non-resident can have a gun in Massachusetts if they have the proper license from their home state, and that home state has similar gun laws. There are a number of restrictions for gun ownership that Massachusetts residents should be aware of. You may not own a gun in Massachusetts if you have been convicted of a disqualifying criminal offense or have been confined for a mental illness. Also, if you are confined for the treatment of drugs or alcohol, or are under a domestic protective order, you may not have a gun.

Gun Crime Penalties

The consequences for a gun possession crime in Massachusetts can include jail time. The penalty can range from 2 ½ to 5 years in prison. You can be charged with gun possession if you have physical possession or have the ability to control the use of a gun. This means you can be charged with unlawful gun possession if you are the passenger in a car and a gun is under the seat. Knowing the most up to date guns laws for Massachusetts is necessary for anyone who wants to purchase, sell, or owns a gun in the state. If charged with a gun possession crime, knowing the current statutes can give you a clear idea of the possible consequences. If charged with gun possession or any other gun-related crime, having the help and guidance of a Massachusetts criminal lawyer in your corner can help ensure your rights are protected and you get the best possible resolution for your case.

By Anna Shapiro

Social Security and Disability Laws in Massachusetts

Any social security and disability benefits in Massachusetts are based on how much someone has paid into the system during the time they were wage earners. The more you have worked and contributed, the more benefits you may receive when you need them. While most people start out their “working” lives with the intent of working until they are eligible for retirement, sometimes life does not go according to plan. Massachusetts workers may find life circumstances can alter their ability to continue working. When this happens, they may be eligible for social security disability payments. These payments can literally be a lifeline for those who have worked and now are unable to do so.


SSD Eligibility – MA

Massachusetts residents should be aware of what kind of injures, conditions, or chronic illness may qualify as a disability that could garner social security disability payments. There is a comprehensive handbook that list every possible condition and illness. However, some of the most common disabilities that can lead to social security disability payments include:

•    Muscle, joint and bone conditions—carpal tunnel, arthritis
•    Back conditions—herniated disc, bulging disc
•    Neurological or nervous system conditions—Parkinson’s disease, multiple sclerosis
•    Breathing—asthma, sleep apnea
•    Mental or emotional illness—depression, anxiety
•    Immune disorders—IBS, colitis
•    Cancer
•    Hearing, visual or skin disease or disorders
•    Chronic syndromes—chronic fatigue syndrome, fibromyalgia
•    Many others that fit the criteria of a condition, ailment or injury that leaves a sufferer unable to perform tasks and work in accordance to what they are trained or capable of, or congruent to work that is generally available to them.

Application Process in MA

The application process for approval can be confusing and extremely time consuming. It simply is not a straightforward process, and not one anyone should handle alone. A skilled and experienced Massachusetts social security and disability lawyer can help with the documentation and application process. It is imperative that an applicant for social security disability gathers and documents any and all medical verification. This can include letters from medical professionals, proof of treatments, lists of symptoms suffered or any other evidence that proves the existence and severity of a specific condition, ailment, or injury.
Many claims are initially denied. However, there is an appeal process that can include four steps if the first does not garner an approval. The four steps for a possible appeal include:

•    Reconsideration
•    ALJ hearing
•    Appeals council
•    Law suit filed in federal court

Appeal Process in MA

The appeal process can be lengthy, exhausting and overwhelming; especially considering you may be dealing with an injury, ailment, or debilitating condition while in the midst of trying to access earned benefits. Because of the complexities and the enormity of what is at stake, Shapiro Law fights for the rights of those who need social security disability payments as soon as possible. There is an increased margin of an appeal being successful when legal counsel is involved. The determination to see the rights of anyone seeking benefits protected is unmatched at Shapiro Law Group. Simply accepting a denial of benefits is not acceptable at all for us. With the help of the professional Massachusetts social security disability lawyer at Shapiro Law Group we will do everything possible to see you get what you need, what you are entitled to, and what you deserve.

By Anna Shapiro