9-10 years for illegal possession of hi cap mag

[benster]

Perp got 9-10 years for possession of a hi cap mag used in a crime in addition to his life sentence. Better make sure those mags are not post ban!

http://www.boston.com/news/globe/city_region/breaking_news/2007/09/man_sentenced_t_1.html

 

[Mikey]

Of course you can avoid commiting murder as well.

 

[bpm990d]

Why the additional 4-5 years for the gun, but 9-10 for the magazine? Talk about stupid.

B

 

[rscalzo]

Don't think he really cared considering he also got a life sentence for Murder.

 

[drgrant]

One thing that is unclear about the article is the actual
charge. It sounds like he got charged for merely having a large
capacity magazine and not necessarily for an AWB violation. I've
never seen a case with a charge based on the MA AWB (doesn't
mean it doesn't exist,though)

IIRC, possession of ANY "large capacity magazine" (even if preban)
without the appropriate permit, is also a crime, a crime which
is wholly independent of the MA AWB gayness. It's a lot easier
to prosecute this; as all they have to do is prove the guy posessed
the mag and didn't have an LTC, and he is guilty.

-Mike

 

[Len-2A Training]

Mike is right.

This murder happened 8/13/2002, BEFORE the Fed Ban sunsetted.

The gun (by description) was probably a Tec-9 and most likely was a pre-ban hi-cap mag.

He got nailed for no LTC and possession of a handgun and a hi-cap mag (due to no LTC ONLY).

 

[Mass-diver]

Mike is right.

This murder happened 8/13/2002, BEFORE the Fed Ban sunsetted.

The gun (by description) was probably a Tec-9 and most likely was a pre-ban hi-cap mag.

He got nailed for no LTC and possession of a handgun and a hi-cap mag (due to no LTC ONLY).

Thanks for clearing this up guys. It seems that this mag would have be legal for me (Class A LTC).

 

[Amicus]

It may have been that he was charged with possession of a restricted, "post-ban" feeding device. Under GL c. 269 § 10, the max penalty for possession of a "large capacity feeding device ("LCFD") is 5 years in a state prison. Under GL c. 131M, the max penalty for possession of a LCFD made after 9/13/94 is 10 years (even if you are licensed to possess pre-ban LCFDs).

As an assistant to Harshbarger once told a friend of mine: 'We don't need your help to write a gun ban.' There is very little rationality to these penalty schemes.

 

[Amicus]

It may have been that he was charged with possession of a restricted, "post-ban" feeding device. Under GL c. 269 § 10, the max penalty for possession of a "large capacity feeding device ("LCFD") is 5 years in a state prison. Under GL c. 131M, the max penalty for possession of a LCFD made after 9/13/94 is 10 years (even if you are licensed to possess pre-ban LCFDs).

As an assistant to Harshbarger once told a friend of mine: 'We don't need your help to write a gun ban.' There is very little rationality to these penalty schemes.

Oops. He was probably convicted under c. 269 § 10(m) -- possession of LCFD.

 

[drgrant]

Oops. He was probably convicted under c. 269 § 10(m) -- possession of LCFD.

In the limited research I've been doing, that seems to be the
charge most of the time I've been able to find "gun posession"
cases online somewhere.

I would be interested to see, however, any case law/writeups
on prosecutions based on the MA AWB. I haven't been able to find
any yet, but I don't have access to a lot of the legal search engines
lawyers, judges, etc, have access to. I thought most of
that stuff was public but it seems there is a lot of services out
there that make you pay for some sort of subscription, etc.

The news reports one sees are kinda worthless because they are
often ambiguous about what the guy was charged with, etc...

-Mike

 

[sksguns]

A Suffolk Superior Court judge sentenced John Gomes, 30, to life in prison without parole today one day after a jury convicted him for the 2002 murder of a father of two.

As relatives of Gomes and the victim, Ildobrando Correia, wept in the packed courtroom, Judge Charles Spurlock also sentenced him to four to five years in prison for unlawful possession of a firearm. He was also sentenced to nine to 10 years in jail for possession of the 25-round magazine that was in the firearm, a 9mm semi-automatic handgun, he used to kill Correia. The sentences will be served concurrently, before the life sentence for first-degree murder in state will begin.


So he is serving the firearms and magazine sentences before his life sentence begins....

What difference does it make to tac on all this extra baggage when he's never getting out anyway? Am I missing something?

 

[drgrant]

What difference does it make to tac on all this extra baggage when he's never getting out anyway? Am I missing something?

They do tack ons because if some part of their prosecution
fails, they still get to incarcerate the guy or keep him
incarcerated. Example- say something comes up later, and
they find evidence tainted, etc.... well, as long as the gun
discovery was made legally, they can still keep hiim in the clink
for that. It also makes the BG's rap sheet longer when it
comes to parole hearings, etc.

-Mike

 

[Len-2A Training]

Because we (in MA) rarely actually keep a person in prison for "life". Most sentences get commuted and people released. This sentence means that they have to commute 2 different sentences before releasing him, a more difficult task. Thus, this judge is really saying "I believe he should die in prison" by ruling this way.

 

[sksguns]

Makes sense...thank you for the reposnses.