A friend of a friend got a call from BATF regarding his off-list purchase

[HKdrummer]

I just spoke with someone who got a visit.

The conversation went like this ..............

Did you purchase gun X, on date Y, from shop Z, and is that gun still in your possession?

He answered yes.

No further questions were asked.

Is shop z the one in question? I ask because as of yet people who have gotten visits can't seem to correlate where or how they ended up on their front door.

 

[M1911]

That's interesting. Seems very ... commonsense. I don't get mail delivery. We have to pick up at the post office. I guess I would fall under one of those exceptions.

 

[not new guy]

I need to get my Zardoz costume out of storage in case I get a visit.

 

[mctrinket]

I just spoke with someone who got a visit.

The conversation went like this ..............

Did you purchase gun X, on date Y, from shop Z, and is that gun still in your possession?

He answered yes.

No further questions were asked.

What sort of firearm was it in reference too? Was it on the EOPS list but not on the double-secret AG list or was it something that was not on any approved lists?

 

[calsdad]

I just spoke with someone who got a visit.

The conversation went like this ..............

Did you purchase gun X, on date Y, from shop Z, and is that gun still in your possession?

He answered yes.

No further questions were asked.

And how did that go down? Did they just show up - or was a call made beforehand?

They can show up at my house all they want - I'm not there much during work hours.

 

[Hush]

Evidence to be seized and introduced during the trial...

 

[calsdad]

That's interesting. Seems very ... commonsense. I don't get mail delivery. We have to pick up at the post office. I guess I would fall under one of those exceptions.

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

 

[jar]

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

It depends what you did to the mailman.

 

[mctrinket]

Any chance we could get a sticky going with the names and contact info for reputable MA lawyers who handle these sort of things?

 

[not new guy]

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

And your wife.

 

[M1911]

Any chance we could get a sticky going with the names and contact info for reputable MA lawyers who handle these sort of things?

I guess you didn't look in the MA gun law thread, where the 2nd sticky has that very information: http://www.northeastshooters.com/vb...husetts-lawyers-specializing-firearm-law.html

 

[mctrinket]

I guess you didn't look in the MA gun law thread, where the 2nd sticky has that very information: http://www.northeastshooters.com/vb...husetts-lawyers-specializing-firearm-law.html

Well the post is from 2007...dunno how up to date it is, but thank you.

 

[M1911]

Well the post is from 2007...dunno how up to date it is, but thank you.

If you take a closer look at the post, you'll see at the bottom:

Last edited by derek; 03-21-2013 at 09:55 AM.

 

[MA_Shooter]

If you take a closer look at the post, you'll see at the bottom:

Looks like the list has been cleaned up.

 

[OfficerObie59]

So that's what I'm asking: for legal purposes - what is considered to be your "house" (maybe that's not the correct legal term - but "house" is the word being used in this thread).

Say I have three buildings on my property - and one of them is my "house" (the building with bedrooms in it) , one is a 2 car garage - and one is a barn. All of them are physically disconnected from each other.

I would imagine that the actual "house" (again - the one with the bedrooms in it , I.E. , the building we actually live in) - would always be safely considered to be safe from warrantless searches - because I can't think of any instance I have ever heard of where the actual building you live in (again - the "house") - could be considered to be anything else but a "house".

But what about the barn - and the garage?

Again - this is a theoretical question - but if I'm out in the yard - I see the black Suburbans coming into the driveway - but they don't see me - which building should I go for? Do I HAVE TO BE in the "house" to be considered safe from a warrantless search - or is any building on the property on equal legal terms with the "house" ??

I know you said " In this context, your house would be whereever a warrant would be required for police entry. " - but I'm not sure what buildings would be considered to be "whereever a warrant would be required for police entry".

Obviously the police don't require a warrant to simply step onto my property - or I would not have to worry about sticking my head out the door - or stepping out the door onto my front stoop.

Where is the dividing line?

What about underground bunkers? (kidding - sort of )

For your barn and garage, my answer--without seeing your property--is I think a warrant would be necessary in those circumstances.

If I'm hesitant to answer yes, it's because there are so many factors that can change the circumstances.

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

It depends what you did to the mailman.

Ha!

 

[Serapis]

So I'm curious - what is techically (legally) considered to be your "house"?

Say you had an enclosed porch - with a door on it : is that considered to be part of the "house"?

What about a garage or barn - that is not attached to the "house" - is that considered to be part of the "house"?

We talking about legal nitpicks here - so I'm wondering exactly where the dividing line is. Say I'm out in the yard - I see the black Suburbans show up in the driveway - am I ok to run into the barn/garage - and tell them to take a hike - or do I actually have to get my butt into the "house" proper??

In MA your threshold is your home.

 

[Goga_MG34]

Just want to share a story with you guys.
I was once calling from home on a land line a mobile number in Russia and the area code there was 911. No idea how I messed up but I ended up making a 911 call. I realized that when a 911 operator answered it. So I just said – sorry, wrong number. Guess what, 5 minutes later 2 police cruisers were in front of my house and the police were knocking on my door. Think if I had not let them in they would have broken in anyway. Because they were looking for a person who might have made that call. Though I told them right away that I had. They went through every room, basement and the garage asking tons of questions like Who slept in this bed?, What is this for? (pointing at a self-made bike stand in the garage), Why is a car with out-of-state plates in the garage? etc.
Wonder what you would do in such a situation? Tell them to go away and come back with a warrant?

 

[not new guy]

The 911 call is the exigent circumstance there. They thought maybe someone else in the house called about you.

 

[cekim]

The 911 call is the exigent circumstance there. They thought maybe someone else in the house called about you.

Yeah, though I have heard and experienced many more reasonable stories than that. No offense to Goga, but it is also possible there was some perception that isn't in that story.

911 hang-ups often get a visit unless you are living in a collapsed progressive holding tank like Detroit or LA, but more often than not, they knock, you say, "oops" and they say "have a nice day".

I had a fun phone that decided to "auto-complete" 9+hangup as 911. Learned the hard way that I needed a new phone. They were professional and did not kick my door, shoot my dog or even ask to come in.

 

[not new guy]

Yeah, though I have heard and experienced many more reasonable stories than that. No offense to Goga, but it is also possible there was some perception that isn't in that story.

911 hang-ups often get a visit unless you are living in a collapsed progressive holding tank like Detroit or LA, but more often than not, they knock, you say, "oops" and they say "have a nice day".

I had a fun phone that decided to "auto-complete" 9+hangup as 911. Learned the hard way that I needed a new phone. They were professional and did not kick my door, shoot my dog or even ask to come in.

I think the homemade bike stand raised some flags.

 

[cekim]

I think the homemade bike stand raised some flags.

Was it an assault bike-stand?

 

[FrugalFannie]

Yeah, though I have heard and experienced many more reasonable stories than that. No offense to Goga, but it is also possible there was some perception that isn't in that story.

911 hang-ups often get a visit unless you are living in a collapsed progressive holding tank like Detroit or LA, but more often than not, they knock, you say, "oops" and they say "have a nice day".

I had a fun phone that decided to "auto-complete" 9+hangup as 911. Learned the hard way that I needed a new phone. They were professional and did not kick my door, shoot my dog or even ask to come in.

Had 2 visits when my son was young and learning about phones. They came to the door. I apologized that my son had dialed them. They said it happens all the time and left.

 

[theGringo]

I think the homemade bike stand raised some flags.

Wait. He was using the bike stand as a flag stand? I would consider that highly irregular and grounds for further investigation.

 

[Rob Boudrie]

If you sold a gun to a licensee, you are completely absolved of any liability in any downstream use of the firearm.

Tell that to Bushmaster that paid $500,000 to settle the DC sniper case.

 

[WatchCityCPA]

Was it an assault bike-stand?

Are you asking about a regular stand for an assault bike, an assault stand for a regular bike or an assault stand for an assault bike?

With all that legal training, you'd think you'd express yourself more clearly.

 

[SalemCat]

.

 

[SalemCat]

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

No way ! But the UPS Man is another matter....

 

[MisterHappy]

Some things never change I guess.

Back in the day, Giles Corey had it right: "More weight."

For those unfamiliar:

Giles Corey - Wikipedia, the free encyclopedia

 

[Kevlar]

Tell that to Bushmaster that paid $500,000 to settle the DC sniper case.

That was prior to the passage of the PLCAA (15 U.S.C. §§ 7901-7903), which generally prohibits such lawsuits.

 

[noxin]

Yes it is interesting. I found the mailman having sex with my wife on the kitchen table - does that mean the police can now enter my home without a warrant?

No, but they may be entering your wife?