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About 40 guns stolen from Lowell home

Victim needs your help

I'm glad you asked, as I have been meaning to post about it.

A couple of days ago I had breakfast with Stanley Sokolowski, the victim, to discuss his situation.

Let me cut to the chase: I am working to setup a legal defense fund for Stan. We need to help him. Please stay tuned and/or contact me at [email protected] if you can help.

I've spoken with Jim Wallace at GOAL. GOAL is going to provide some attorney references. Stan got some names of attorneys already; he will speak with all of them. This is going to cost a fair amount of money to fight.

The Lowell Police are not being forthcoming with information about how many guns have been recovered, though Stan's assistance led to the arrest of the thief. In fact, the Lowell Police Department revoked Stan's LTC, and they had the Lowell Fire Department declare that the quantity of reloading supplies he had was over the legal limit without a special permit, and they are now pressing charges of manufacture and trafficking of explosives against Stan. This is patently untrue and unprovable, except perhaps the technical legal definition of "manufacturing".

Please spread the word and help a law-abiding, responsible, contributing member of our society who is being persecuted and prosecuted by the city authorities. He has a hearing in about 3 weeks, we need a solid legal defense before then.
 
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Explosives has a VERY specific meaning and the proper definition does not include pyrodex. They can't possibly have gotten through a PC hearing on this. This is a new low for these f'rs.
 
It is what it is and Stan need our help

Stan already has his arraignment and it's moving forward. This is listed as a 2nd hearing and pre-trial conference.

The charge:

DESCRIPTION
EXPLOSIVES MFG/STORAGEITRANSFER VIOL c148 §12
On 01/03/2011 : (1) did use a building for the manufacturing of fireworks or firecrackers without a license from the local licensing authority; or (2) did use a
building or structure for the manufacturing or storage of explosive materials without a permit issued by the State Fire Marshal; or (3) did sell, transfer or
exchange explosive materials within the Commonwealth to another person who did not possess the proper permit or certificate to possess, receive or store
explosive materials and maintain at the place of delivery an approved, permitted, explosive storage magazine or bunker; in violation of G.L. c. 148, §12.

PENALTY: house of correction not more than 2½ years; or fine not more than $5000; or both.
Click to expand...

Here is the basis for the "explosives" charge:

Code of Massachusetts Regulations (527 CMR 13.03) board of fire prevention regulations defines "explosive material" as including black powder, smokeless propellants, small arm ammunition, and smokeless primers.
Click to expand...

There are specific citations of violations of 527 CMR 13.
 
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Kamal Jain said:
Stan already has his arraignment and it's moving forward. This is listed as a 2nd hearing and pre-trial conference.

The charge:

Here is the basis for the "explosives" charge:

There are specific citations of violations of 527 CMR 13.
Click to expand...
It's a Goddamn witch hunt. Victim of gun theft = Criminal in Taxachusetts

CLMN
 
The legal defense fund should be up shortly.

While the laws in MA are clearly whacked and anti-gun, let us remember that there is a LOT of discretion in the hands of CLEOs and their minions to selectively enforce/prosecute. Lowell, like most major cities in MA, is rabidly anti-gun.

Please be ready to help.
 
40 caliber said:
yes, that they took away. they are probably saying since he did not have a LTC he couldn t have the stuff. stupid yes, possible ? very much so
Click to expand...

No, they're saying he had more than 1000 primers or 16 pounds of powder in storage, or that these limits don't apply somehow.
 
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TheRoland said:
No, they're saying he had more than 1000 primers or 16 pounds of powder in storage, or that these limits don't apply somehow.
Click to expand...
Correct... but I believe he was limited to just 2 pounds since, if I recall correctly, it was in a multi-family dwelling.

CLMN
 
LenS said:
GSG,

I can't answer your question directly wrt "may" and "must", but perhaps provide a bit of insight.

NOTE: All transactions assume gun is compliant with level of FFL

C&R FFL:
- May buy anywhere in US.
- May sell anywhere in US (BUT can't operate as if he/she is a business, strictly wrt to improving collection or liquidating collection).
- Can ONLY receive shipment of C&R firearms at address on C&R FFL.
Click to expand...

I know this is off-topic for the renewed discussion, but I wanted to give a correction here.

A C&R FFL can only sell to a non-licensed resident of another state at his licensed premises. ("Dealers" can sell to any legal purchaser at a gun show, but "collectors" can only sell to same-state residents unless they're at the licensed premises.)

Also, a licensee can have guns shipped to them anywhere, not just the address on the license. As a matter of policy, most shippers will only send to that address, but it's not a legal requirement. I know plenty of people who receive C&R guns at work, to avoid missing the BBT.
 
Kamal Jain said:
The legal defense fund should be up shortly.

While the laws in MA are clearly whacked and anti-gun, let us remember that there is a LOT of discretion in the hands of CLEOs and their minions to selectively enforce/prosecute. Lowell, like most major cities in MA, is rabidly anti-gun.

Please be ready to help.
Click to expand...

I'm wondering what's going on with this case. Do you have any further information?

For those who are not aware of it, a home-rule petition that negatively affects gun owners has been proposed by Lowell city officials, and it appears that they are using this theft as justification. What they get away with in Lowell could spread to other cities across the state. Here's the latest Lowell Sun article that I can find about it: http://www.lowellsun.com/todaysheadlines/ci_18007364

There's also an NES thread about the home-rule petition here: http://www.northeastshooters.com/vbulletin/threads/129319-City-of-Lowell-Storage-Alert
 
The victim has hired an attorney, and I have been asked to not draw/stop drawing public attention to this matter at this time. Thanks for checking in, but that is all I can tell you at this time. If/when I have more information to share, I will, but will continue to respect the wishes of those actually dealing with the situation.
 
Finally!

You beat me to it! [grin]

It's all good. I've been in touch with Stan and others behind the scenes and just got word last night about the fund being setup and that it's OK to go public with this.

Please support our friend Stan in a case that may surely have long-lasting ramifications for us.

Kamal
 
The only update I can share is that the victim could still use some financial assistance to cover their legal fees. I'm meeting with him next week and might have more news, but want to respect his privacy and situation, too.
 
Stan and I met for breakfast on Monday and spent a couple of hours catching up. I provided him with the name of an NRA contact who might be able to work with his attorneys.

As Stan still has debt from legal fees, it would be great if the Comm2A folks could reopen the legal defense fund donation page they had setup, as I know a number of people (myself included), were unable to donate when it was live. I know the Comm2A folks are on here, and will see this. Guys?

Overall things are largely unchanged, but given the length of the situation, and the fact that other than technical violations of certain codes, there really are not legal or political legs to stand on, the hope is for a positive outcome.

For anyone who wants to help out, please watch this thread, or email me at [email protected] and I'll try to keep you in the loop.
 
Donations can be made that state that the funds must be specifically directed for a certain use or program/project. Happens all the time at the non-profit my wife is involved with.
 
Friday said:
Donations can be made that state that the funds must be specifically directed for a certain use or program/project. Happens all the time at the non-profit my wife is involved with.
Click to expand...

Correct. This is why we spin up certain pages for earmarking when needed. Anything hitting our main donation page is not earmark able. We control the earmarking because there are legal issues surrounding earmarking that are not easily corralled by radio buttons and disclaimers. We are not about to lose our NPO status because some yahoo wants to earmark something in violation of our charter.
 
I have no problem pitching in a second time around for the cause. This has gone on for too long in MA, If I was in the same predicament I would be grateful a force like NES, NRA, GOAL, Comm2a was on my side..
 

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