20 year old stopped with backpack with 2 oz of weed and a gun

Darksideblues42

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Just read this. Left with a couple questions.

20 year old, pulled over for speeding, has a backpack full of weed and a stolen S&W handgun.

The charges are interesting to me.


  1. Possession of a Firearm without FID Card;
  2. Improper Storage of a Firearm;
  3. Possession of Ammunition without FID Card;
  4. Receiving Stolen Property -$1200;
  5. Possession of a Class D Drug with Intent to Distribute;
  6. Marked Lanes Violation; and
  7. Fail to Signal.
I am under the impression that based on how Massachusetts defines a firearm, one cannot possess a firearm on an FID, so isn't this charge meaningless?

Is a Shield really worth $1200?




 
with a backpack full of weed and a stolen handgun, I would have been more careful about driving like a nut and using my directionals.

Not only that, but how did the cop end up searching your backpack on a supposed lane change violation? What did they make up for probable cause there? I've never even been asked if they can search my car. Then again, I make sure my hands are on the wheel and visible at all times and I treat the cop with respect.
 
Okay, but does this set the standard that a backpack in your back seat = carrying?

Isn't that "outside your direct control"?
If a traffic cop might have a reasonable suspicion that you are armed and dangerous,
then under Terry v. Ohio,
they're entitled to search to ensure that you don't have weapons at hand
(or to secure them if you do).

If you have weapons in any place that the cop is allowed to search,
it's a bad bet to depend on arguing that such a place is out of your control.
You're not entitled to One Free Lunge at a weapon.
 
If a traffic cop might have a reasonable suspicion that you are armed and dangerous,
then under Terry v. Ohio,
they're entitled to search to ensure that you don't have weapons at hand
(or to secure them if you do).

If you have weapons in any place that the cop is allowed to search,
it's a bad bet to depend on arguing that such a place is out of your control.
You're not entitled to One Free Lunge at a weapon.
Not claiming that at all. MGL is specific about carrying, so if in a bag in the back seat is not "in your direct control" how can it be "carrying"
 
Not claiming that at all. MGL is specific about carrying, so if in a bag in the back seat is not "in your direct control" how can it be "carrying"
I thought that the deal was not that they charged him with carelessly allowing a loaded firearm
to bang around the passenger compartment unsupervised,
but rather that they charged him with not merely possessing a firearm without a license,
but actually being armed without a license...

IIRC,
it's bad to possess a gun without a license
even when the gun's in some inconvenient place
where you can't use it to commit a crime;
but it's even worse to possess a gun without a license
and have it available to threaten or harm someone.

Apologies if that's not the deal in this case.
 
2 ounces is "a backpack full of weed"?

You are allowed to possess up to 10 ounces (in your home) of recreational MJ if I am not mistaken
Maybe it was a small backpack?

Not only that, but how did the cop end up searching your backpack on a supposed lane change violation? What did they make up for probable cause there? I've never even been asked if they can search my car. Then again, I make sure my hands are on the wheel and visible at all times and I treat the cop with respect.
Hard to say what transpired on the side of the road, but the kid could have been shitting his pants making himself suspicious.
 
The receiving stolen goods statute makes it a felony for any gun irrespective of value that's why it says over $1200 since that's the felony offense.
 
Just read this. Left with a couple questions.

20 year old, pulled over for speeding, has a backpack full of weed and a stolen S&W handgun.

The charges are interesting to me.


  1. Possession of a Firearm without FID Card;
  2. Improper Storage of a Firearm;
  3. Possession of Ammunition without FID Card;
  4. Receiving Stolen Property -$1200;
  5. Possession of a Class D Drug with Intent to Distribute;
  6. Marked Lanes Violation; and
  7. Fail to Signal.
I am under the impression that based on how Massachusetts defines a firearm, one cannot possess a firearm on an FID, so isn't this charge meaningless?

Is a Shield really worth $1200?




Just checked NES classified. It's actually a low ball figure.
 
Hey, it's a CUSTOM Shield, with an Apex trigger, hand-done hot glue gun stippling, American flag cerakote job, molon labe engraving, and most importantly a Punisher striker plate cover.

That quadruples the value alone.

You also have to account for the time value of money as it gets bumped 150 times in the classifieds.
 
Was the Covid screening voluntary or coerced? What happens to a detainee who refuses this medical procedure?
 
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