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Joeldiaz said:
This guys is most definitely screwed. People get jammed up for much less here in MA. I follow a criminal defense lawyer on TikTok, Joe Simons (side note: I actually used him for a LTC denial suitability issue. 10/10 would use again). He posted a story recently about trying (and ultimately failing) to defend a client in Dorchester on an improper storage charge.

Short version: guy had a LTC and gun was lawfully possessed and registered. Guy got his car stolen while he went into the gas station with the car running. Guy claimed the gun was in a built-in locked container inside the vehicle. Reported the car stolen to the cops and told them about the gun. Cops found the gun outside the locked container. However, they have no idea what the car thief did after the car was stolen. They even acknowledged it on the stand that they can’t prove the car thief didn’t touch the firearm or container. No fingerprint testing was done. Thief did technically have access to the container though because the key for the container was the same one for the ignition, but at the time of the incident the gun was properly secured and cops can’t disprove that. Unfortunately they still lost that case.
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Same key? Was the locked container the locked glovebox? I believe there’s unfavorable case law regarding that if so.
 
MAJoe said:
Same key? Was the locked container the locked glovebox? I believe there’s unfavorable case law regarding that if so.
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Unfortunately I don’t know any more details besides what I’ve already laid out. I know what you’re getting at though, and if it was the glovebox you’d be absolutely correct.
 
Path-Finder said:
On the Chelmsford police FB page they said last night in Chelmsford a Bronco was stolen out of someone's driveway. The Bronco was recovered in Dracut but the car had two firearms stored in a back pack inside. One of the firearms is now missing. The owner was honest with the police and reported everything. Is he screwed?
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Yup.
 
Drix said:
Post Bruen, is there a long standing history of requiring locks?
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Absolutely not. In fact, SCOTUS already said in Heller that safe storage laws were unconstitutional when they struck down the District of Columbia’s trigger lock requirement. They said that Americans had a right to have a loaded, unlocked handgun in the home for the purpose of self defense.
 
A MA court upheld a MA LTC revocation for a safe storage violation in RI. Although not a crime in RI, the chief (backed by the court) claimed that failure to follow safe storage practices as defined by MA law was evidence on was not a suitable person, even if the storage took place in a jurisdiction outside of MA where it is not a crime.
 
gerrycaruso said:
I've been told that a locked vehicle IS a locked container and I've been told that it ISN'T so I don't know which is correct but I'd say he's screwed.
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It's Massachusetts, so who the hell knows? This is the only state in the nation that can't figure out what their age of consent is.
.
 
Coda said:
A backpack is not a locked container, so I would say YES.....
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As long as the owner doesn’t admit, it wasn’t locked he should be fine. My guess would be as he screwed himself. They may or may not make a big deal out of it. I’d be more worried if it was recovered at a crime scene, getting charged and sued.
 
Rob Boudrie said:
A MA court upheld a MA LTC revocation for a safe storage violation in RI. Although not a crime in RI, the chief (backed by the court) claimed that failure to follow safe storage practices as defined by MA law was evidence on was not a suitable person, even if the storage took place in a jurisdiction outside of MA where it is not a crime.
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That’s crazy. We’re done with the suitability standard now, right?
 
This situation is an example of why gun owners need to really understand MGL when it comes to firearms. It is easy to turn a situation in which the police have nothing to use against you into one where you basically confessed.
 
Where?

www.facebook.com

Chelmsford Police Department

Chelmsford Police Department. 13,130 likes · 939 talking about this. Official Facebook page of the Chelmsford, MA Police Department. This page is not monitored 24/7. Please call 978-256-2521 if you...
www.facebook.com www.facebook.com

Nevermind

jgpr.net

Chelmsford, Dracut Police Recover Stolen Vehicle

Chelmsford Police Chief Colin Spence and Dracut Police Chief Peter Bartlett report that the Chelmsford and Dracut Police Departments collaborated early Monday morning to recover a vehicle that was stolen from a driveway in Chelmsford.
jgpr.net jgpr.net

What happenend to this Chelmsford police officer?

patch.com

Cruiser, Gun Stolen At Chelmsford Police Detective's Home

Chelmsford police said someone stole a detective's cruiser and shotgun last night. Call Chelmsford police at 978-256-2521 with information.
patch.com patch.com
 
Rob Boudrie said:
A MA court upheld a MA LTC revocation for a safe storage violation in RI. Although not a crime in RI, the chief (backed by the court) claimed that failure to follow safe storage practices as defined by MA law was evidence on was not a suitable person, even if the storage took place in a jurisdiction outside of MA where it is not a crime.
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Wow. When was that and what town?
 
Mesatchornug said:
If you're thinking of the same case I am (Reyes?) I'm pretty sure that was an unlocked glove compartment in a locked vehicle.
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I believe you’re correct. There’s some good info in here too regarding what the state considers adequate storage if you read above my quote (locked glass front cabinet, etc.).

This does not resolve whether a locked glove compartment might be adequate under the storage statute. We are of the view that it might depending on the particular factual circumstances including the nature of the locking mechanism, whether the motor vehicle was also locked and alarmed, and ultimately whether in the circumstances it was adequate to "deter all but the most persistent from gaining access." This is a question of fact, properly decided by the fact finder at trial.
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REYES, COMMONWEALTH vs., 464 Mass. 245

masscases.com masscases.com
 
Path-Finder said:
On the Chelmsford police FB page they said last night in Chelmsford a Bronco was stolen out of someone's driveway. The Bronco was recovered in Dracut but the car had two firearms stored in a back pack inside. One of the firearms is now missing. The owner was honest with the police and reported everything. Is he screwed?
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Is the Chelmsford police post deleted because I can’t find it.
 
  • owner is a dumb ass because he left guns in his car unattended
  • owner is a dumb ass because he talked to the police about missing/stolen guns and not through his lawyer
  • unless he admitted that the backpack was unlocked he is unlikely criminally liable
  • this is MA so whether he loses his LTC is purely a question for the local chief of police. If he decides to pull it, it is gone and MA courts will almost always upheld.

A side story

MA requires that you promptly report to police when any gun is lost or stolen. It also does not permit an LTC to be pulled if the gun is reported missing in a timely fashion, though only the first time. Repeated thefts are not exempt. I have a customer that had a couple guns stolen who reported them the moment he found them missing and still had his license pulled. So even when the law does not support the action, MA does not care...
 
CrackPot said:
  • owner is a dumb ass because he left guns in his car unattended
  • owner is a dumb ass because he talked to the police about missing/stolen guns and not through his lawyer
  • unless he admitted that the backpack was unlocked he is unlikely criminally liable
  • this is MA so whether he loses his LTC is purely a question for the local chief of police. If he decides to pull it, it is gone and MA courts will almost always upheld.

A side story

MA requires that you promptly report to police when any gun is lost or stolen. It also does not permit an LTC to be pulled if the gun is reported missing in a timely fashion, though only the first time. Repeated thefts are not exempt. I have a customer that had a couple guns stolen who reported them the moment he found them missing and still had his license pulled. So even when the law does not support the action, MA does not care...
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There are times when one has to leave gun in a car unattended out of necessity. If you go out to lunch of dinner after a rifle match 90- miles away from your house, other solutions are impractical. When I have to leave a gun in my car in high-risk locales, I cable tie it to the structure of the trunk.

Reporting through attorney is not always practical. BUT, know the law, and what to say. Something like "I want to report a stolen locked gun case, and by the way, there was a gun in it.

In practice, it is up to him to show the gun was secured. Getting this into the initial police report is critical, and has much more credibility than adding an "oh yeah.... it was in a locked case" after charges are filed.

I have a trigger lock on all guns I am transporting (locked case for high cap rifles). Even a spare gun in the range bag at a match has a trigger lock - surviving theft of a gun is easier, and generally cheaper, than surviving governmental theft of an LTC.
 
Rob Boudrie said:
There are times when one has to leave gun in a car unattended out of necessity. If you go out to lunch of dinner after a rifle match 90- miles away from your house, other solutions are impractical. When I have to leave a gun in my car in high-risk locales, I cable tie it to the structure of the trunk.

Reporting through attorney is not always practical. BUT, know the law, and what to say. Something like "I want to report a stolen locked gun case, and by the way, there was a gun in it.

In practice, it is up to him to show the gun was secured. Getting this into the initial police report is critical, and has much more credibility than adding an "oh yeah.... it was in a locked case" after charges are filed.

I have a trigger lock on all guns I am transporting (locked case for high cap rifles). Even a spare gun in the range bag at a match has a trigger lock - surviving theft of a gun is easier, and generally cheaper, than surviving governmental theft of an LTC.
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Lunch is a necessity? I won’t leave a locked-up gun in a vehicle for any reason I can think of unless I have constant visual contact with the vehicle. I’ll pack a peanut butter and jelly sandwich and not take the risk of arming a shithead.
 
If he had just left it the men’s room a Dunks he would be fine. But a locked car!? Give him three jabs and make him watch the view 24 hours straight while wearing a face mask.
 
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