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Another..."show me your license'

Palladin

Palladin

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Burglary report leads to arrest of homeowner

By Jim Patten
[email protected]

LAWRENCE — Eric Bartley just wanted to report a burglary at his home and make sure his safe hadn't been tampered with or stolen.

But Bartley, 35, of 71 Haverhill St., was himself arrested when he opened the safe in front of police and there was ammunition inside, which he did not have a license to own, police said.

Bartley called police on Wednesday at 4:07 p.m. He had come home to find the door wide open. Police searched the house for him, but found no one inside.

Then, Bartley asked them to check the safe with him. There, police saw he had a small air pistol, a .22-caliber rifle clip and a box of ammunition.

When asked for his firearms identification card, a requirement for possession of ammunition in Massachusetts, Bartley told the officers the bullets belonged to his brother, who had a permit, police said.

Further checks showed neither man had a gun license.

Bartley was arrested by Officer Shaun McLellan on a charge of possession of ammunition without a firearms identification card.
http://www.eagletribune.com/punews/local_story_064211640.html
 
OK well I know many here will disagree with me, but...as Forest Gump would say "stupid is as stupid does"...

Do I agree with the fact that you need a license to possess ammo in Mass, Nope, but you do.

So when your house gets broken into and you don't have a license for ammo and you have the police come "check things out" you might want to make sure the ammo isn't where you are going to have the cops check...
 
I'm sure that a dangerous gang banger has been taken off the streets along with that whole box of killer ammo.
With out anything else, it was piss poor to arrest the guy for just that.
 
I instantly thought "Stupid is as stupid does" also but JonJ is right ... should have been more or a confiscate and complaint.
 
I fail to understand why one can not have a gun or ammo in one's home without a FID card or license. Is it not or 2nd amendment right to be able to protect ourselves? Your home is your castle, driving around is not, so I can understand why the want control (don't like it but understand it). OK, so the question arises as to how it got there. Maybe the ammo fairy brought it, or Santa Claus, who cares, did anyone die or get hurt in the process?

This state is so messed up. [angry]

When you have states all around you that require no ID for buying such things, how can they make it a crime to have it in your safe, in your own home!? The Fed rules and regs should be the law, except that would be forcing the feds on the state, and we all know that the constitution does not allow that! But then they don't give a crap about that paper do they? [frown]
 
Kicker96FS said:
I fail to understand why one can not have a gun or ammo in one's home without a FID card or license. Is it not or 2nd amendment right to be able to protect ourselves? Your home is your castle, driving around is not, so I can understand why the want control (don't like it but understand it). OK, so the question arises as to how it got there. Maybe the ammo fairy brought it, or Santa Claus, who cares, did anyone die or get hurt in the process?

This state is so messed up. [angry]

When you have states all around you that require no ID for buying such things, how can they make it a crime to have it in your safe, in your own home!? The Fed rules and regs should be the law, except that would be forcing the feds on the state, and we all know that the constitution does not allow that! But then they don't give a crap about that paper do they? [frown]
Click to expand...


Stop it your making too much sense for this state[wink]
 
JoeT said:
Lawrence is a much safer place today now that those "cop killer" .22's are off the street
Click to expand...

Not to totally thread jack this, but what the hell exactly is a "cop killer" bullet?

Wouldn't, I guess, any conventional handgun bullet be capable of this?
 
Kicker96FS said:
Is it not or 2nd amendment right to be able to protect ourselves?[angry]
Click to expand...

Sadly, until 2A is "incorporated" there isn't a yet a ruling that says the state has to give you the right to "keep and bear arms"...

Even more sad is MA's history of "unless we say you can, you can't" judicial activism...

Hopefully, this will change soon, but until then, the only people granted a right to "keep and bear arms" by the constitution are the residents of DC... The rest of us are at the mercy of our state laws if they so choose to infringe upon this right...

I presume the founders assumed that "shall not be infringed" was "self evident", but we now (200+ years later) have to re-iterate what it means for the idiot anti-gun liberals...
 
cekim said:
Sadly, until 2A is "incorporated" there isn't a yet a ruling that says the state has to give you the right to "keep and bear arms"...

Even more sad is MA's history of "unless we say you can, you can't" judicial activism...

Hopefully, this will change soon, but until then, the only people granted a right to "keep and bear arms" by the constitution are the residents of DC... The rest of us are at the mercy of our state laws if they so choose to infringe upon this right...

I presume the founders assumed that "shall not be infringed" was "self evident", but we now (200+ years later) have to re-iterate what it means for the idiot anti-gun liberals...
Click to expand...

The state doesn't give us anything. The rights were simply enumerated.

Your right to defend yourself is bestowed upon you when you are instantiated. [wink]
 
mikem317 said:
The state doesn't give us anything. The rights were simply enumerated.

Your right to defend yourself is bestowed upon you when you are instantiated. [wink]
Click to expand...
While I believe my base class to include this right as well, the state has thus far overloaded the 2A operator with a null pointer... [wink] As of yet the linter has not detected this and a segfault is occurring when the function is referenced... [laugh]

Simple reality of our present situation is that SCOTUS has NOT yet ruled that 2A is incorporated. IANAL, but as I understand it, this leaves the states the presumptive right to do as they please until SCOTUS adds it to the list of incorporated rights...

p.s. There are "free states" which have declared your RTKBA on their own, but MA is most assuredly NOT one of them... I like you believe this to be unconstitutional and look forward to SCOTUS's finding this to be the case, but until then, the letter of the law remains broken and we remain at the pleasure of the King...
 
Jaxon said:
And why did he have to open his safe? [thinking]
Click to expand...

My sentiments exactly. The door was open, he called the cops, searched the house no one there...nothing disturbed. "Hey will you come check the "inside" of my safe"...MORON! If the rest of the house os OK and the outside of the safe is OK then the INSIDE should be OK! That's what a safe does!!!

Why even tell the cop or anyone that you have a safe never mind where it is and open it for him?!?

[slap] Idiot! Moron! Jackazz! Jerkoff! Dickweed! [horse]

The law is the law and he deserves what he got for breaking it and even more for being just plain stupid!
 
Carguy said:
My sentiments exactly.

[slap] Idiot! Moron! Jackazz! Jerkoff! Dickweed! [horse]

The law is the law and he deserves what he got for breaking it and even more for being just plain stupid!
Click to expand...
Yeah, what a jerk, everyone knows you have to reference your form 42A when you are filing a 5034B with a 7G appendix, I mean c'mon![wink][laugh][laugh][laugh]

Was he an idiot? Yes... Did he violate the letter of the law? Yes...

Do I feel a need to toss him in jail when there quite a few MA residents who either don't know or don't want to know their FID card expired in 1998 despite it's lack of expiration date?
 
cekim said:
While I believe my base class to include this right as well, the state has thus far overloaded the 2A operator with a null pointer... [wink] As of yet the linter has not detected this and a segfault is occurring when the function is referenced... [laugh]

Simple reality of our present situation is that SCOTUS has NOT yet ruled that 2A is incorporated. IANAL, but as I understand it, this leaves the states the presumptive right to do as they please until SCOTUS adds it to the list of incorporated rights...

p.s. There are "free states" which have declared your RTKBA on their own, but MA is most assuredly NOT one of them... I like you believe this to be unconstitutional and look forward to SCOTUS's finding this to be the case, but until then, the letter of the law remains broken and we remain at the pleasure of the King...
Click to expand...

True. But we still have jury nullification protection provided through 6A. And yes, trial by jury is an incorporated right.

So we have something until 2A is finally incorporated.
 
mikem317 said:
So we have something until 2A is finally incorporated.
Click to expand...
Presuming your jury can be convinced to make such a principled stand in the face of the prosecutors "correct" legal argument to the contrary...

It will likely depend on how many "scary" weapons you have and how "scared" said jury is of your "arsenal"...
 
cekim said:
Presuming your jury can be convinced to make such a principled stand in the face of the prosecutors "correct" legal argument to the contrary...

It will likely depend on how many "scary" weapons you have and how "scared" said jury is of your "arsenal"...
Click to expand...

Remember, juries can nullify if they feel the law is unjust or tyrannical. But your right; I wouldn't trust a jury of my peers in this wretched state.

I'll be sure to stay away far away from the I-95 ring. [wink] [sad]
 
mikem317 said:
Remember, juries can nullify if they feel the law is unjust or tyrannical. But your right; I wouldn't trust a jury of my peers in this wretched state.

I'll be sure to stay away far away from the I-95 ring. [wink] [sad]
Click to expand...

are juries advised on "jury nullification"?? I would be willing to bet chances are a jury of my peers would have no idea what jury nullification is, nevermind utilize it.
 
When a box of .22 ammo locked in a safe can lead to arrest, things have spun out of control. In a more sensible time, the worst that would happen would be that the cop would take the ammo, remind the burglary victim of the law, and advise him to have his brother come down to the station to retrieve his property.

Next we'll get a report of some hapless, unlicensed slob who accompanied a friend to the range and subsequently got popped for having a spent shell lodged in the tread of his shoe.

As Archie Bunker once observed, "This is madness!".
 
theGringo said:
When a box of .22 ammo locked in a safe can lead to arrest, things have spun out of control. In a more sensible time, the worst that would happen would be that the cop would ask where he got the ammo and how much he paid because prices were too crazy out there, then see if he wanted to go shooting with him
Click to expand...

I fixed it for you, [wink]
 
Why on earth would you open an unmolested safe in front of a cop no less?
I would think a rational person would be able to determine in just a glance if their safe was forced open or not.
 
I'm sure the victim never thought twice about the ammo in his safe, if he wasn't a gun owner he probably never even realized you need a license to have ammunition, I know that just a few short months ago I didn't know that, and when I found out I thought it was crazy. So I don't think the guy was stupid, I think the state is stupid and successfully implemented it's policy of making it's citizens criminals, one stupid law at a time.
 
It probably went something like this:
LEO: Is anything missing?
Vic: Not sure. Found the door open and called you. I only looked around real quick.
They enter the room where the safe is.
LEO: Ah, a safe. Did you check it? Does it look OK?
Vic: No. I didn't check it. Hold on, I'll open it.

Now if the safe looked OK you'd say why open it? Well, maybe the Vic suspects someone who may know the safe's combo or where the key is. Ex-GF/BF, family member etc. Was it even really a "safe"? Could have just been a locked cabinet like the Stack-Ons.
The rest is history...


Funny thing is, if he was cleaning his house, found the long forgotten ammo and brought it to the PD nothing would have come of it.
 

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