Arbitrary lines... NH guy with "arsenal" arrested in Lawrence

That's why you don't talk with the police. Good day sir. I ran out of gas. Yes they are nice stickers. Here is my license and registration. Silence from that point forward. Not that cops are the bad guys but some are over zealous. Len. isn't there something about locked containers in MA law? I mean if the female was arrested for her switch blade that wouldn't get the police into the trunk as a locked container, just the passenger compartment, no?
 
Next Level said:
That's why you don't talk with the police. Good day sir. I ran out of gas. Yes they are nice stickers. Here is my license and registration. Silence from that point forward. Not that cops are the bad guys but some are over zealous. Len. isn't there something about locked containers in MA law? I mean if the female was arrested for her switch blade that wouldn't get the police into the trunk as a locked container, just the passenger compartment, no?
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Yes, locked container ONLY meets FOPA (locked container OR locked trunk for MA).

I'd rather trust GPP's answer wrt does the switchblade give PC for searching other parts of the car. [There has been a lot of case law about searches since I left the PD and I don't track that stuff since then.] In reality I doubt that they had PC to search her purse either until she opened her big mouth and admitted to a felony (and her BF's felonies as well).
 
FOPA

18 U.S. Code § 926A - Interstate transportation of firearms

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:

Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

https://www.law.cornell.edu/uscode/text/18/926A
 
Len-2A Training said:
Yes, locked container ONLY meets FOPA (locked container OR locked trunk for MA).

I'd rather trust GPP's answer wrt does the switchblade give PC for searching other parts of the car. [There has been a lot of case law about searches since I left the PD and I don't track that stuff since then.] In reality I doubt that they had PC to search her purse either until she opened her big mouth and admitted to a felony (and her BF's felonies as well).
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If she had kept her mouth shut, they wouldnt have gotten into her purse (legally anyways) without a SW.
Getting into that trunk, again if she had shut her mouth, would have required a SW as well, unless the car was towed and the department has an inventory policy that specifically allows them to do so.
 
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- - - Updated - - -

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A locked case inside your trunk not only helps with compliance with FOPA86 (though the trunk should be enough), but creates an increased expectation of privacy in the event of an involuntary search.

I am not an expert on search law, however, the fact that the case is locked can create this increased expectation; if it is of high enough quality (and a combination rather than key), it would not easily be opened by the roadside; and the courts might hold that given the ease with which the container could be secured pending a warrant, that a warrant would be needed. Note the emphasis on "might".

As I mentioned in another thread, I am familiar with a district court 269-10j case where the judge basically started out with "I don't want to hear any arguments about the warrant". The subject had a choice of CWOF and PP status for 2 years or going to trial, being found guilty (since the warrant argument would not be entertained), and becoming a PP for life.
 
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My neighbor is on LPD, I asked him about this. .he said he personally would have let the guy fill his tank and go north...but the Sargent was 'ering on the side of caution "
I told him the Sargent was an a $$hole
 
Spanz said:
group buy on Hillary Clinton and PETA bumper stickers, and fuzzy dice for the mirror???

[smile]
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I've frequently heard having objects hanging from the mirror is illegal, so pass on the dice. Actually pass on the stickers as well... I will take my chances with the cop.

Sent from my LG-H810 using Tapatalk
 
Spanz said:
laziness? IF he had the gun locks on the guns, AND said he was passing thru the state, then he would have a valid FOPA defense.
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I was wondering.... Anyone know if FOPA applies if your origination and destination are both the same state? E.g. cut through MA and back to NH to avoid traffic on Route 101A or something?

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DispositionMatrix said:
Burgos must be a complete idiot. FOPA _would_ only have protected him if
a) he was passing through MA from NH to a third state,
b) he had stored all the firearms properly, with guns locked up out of reach of the driver and ammo stored separately, and
c) the police did not choose to ignore federal law.

Due to "c" I do not ever cross the border with firearms or even spent brass. If I thought I could get an unrestricted MA LTC, I would get one for legal cover.
Click to expand...

You can technically pass from one part of NH to another part of NH via MA and still be compliant with FOPA86. E.g. From Seabrook, NH, down I-95, to I-495, up Rt-3 to Nashua, etc.
 
mikem317 said:
You can technically pass from one part of NH to another part of NH via MA and still be compliant with FOPA86. E.g. From Seabrook, NH, down I-95, to I-495, up Rt-3 to Nashua, etc.
Click to expand...

Every morning, I leave the house, take a left and cross into Pelham NH, then turn right and I'm in Methuen, another half mile lm in Salem NH. ..all the same road
 
Palladin said:
Every morning, I leave the house, take a left and cross into Pelham NH, then turn right and I'm in Methuen, another half mile lm in Salem NH. ..all the same road
Click to expand...

That works too. The point I was making is that your "destination" state doesn't have to be different from your "departure" state. NH --> MA --> NH.
 
Prepper said:
I've frequently heard having objects hanging from the mirror is illegal, so pass on the dice. Actually pass on the stickers as well... I will take my chances with the cop.
Click to expand...

What you heard is correct. It is illegal to hang anything from the mirror, have anything on the dashboard, stickers on the front windshield (other than gov't issued stickers), etc. At age 18 I was stopped by RMV cops for having a small (~4" long) plastic dinosaur (Sinclair gas gave them out) glued to the top of my rear view mirror. More recently a LEO told me that even the HP hang-tag is illegal to hang from the mirror while driving (you're supposed to hang it while parked and remove it when you drive). Very few LEOs will stop you for that stuff but it all part of the "5 things you can stop almost every car for" that I was taught by our C. 90 guru when I was on the PD.


mikem317 said:
That works too. The point I was making is that your "destination" state doesn't have to be different from your "departure" state. NH --> MA --> NH.
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When Lexington put forth their original article, I did another read of FOPA and my IANAL read of it indicates that it MIGHT cover you even within the state of MA (assuming you have a LTC) for driving thru cities/towns with these dumb laws. Of course I do NOT expect a MA court to rule that way but if presented in a USDC there is an even chance that they would fairly read the law and rule for the accused.
 
JWPaolilliJr said:
Many are missing the fact that the case that was in plain view was enough to ask more questions. Had that case been in the trunk as well and this broad kept her mouth shut, there would have been nothing. OHHH but NOOO, she has to start talking....
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She didn't talk. He asked her if she was armed and she said no. He saw the case and ordered her out, presumably searched her purse, found the knife and then searched the trunk. At that point they're ****ed.
 
Bob P said:
She didn't talk. He asked her if she was armed and she said no. He saw the case and ordered her out, presumably searched her purse, found the knife and then searched the trunk. At that point they're ****ed.
Click to expand...

It's hard to tell what happened exactly (because of shitty news reporting) but I wouldn't be surprised if she did run her mouth.

-Mike
 
While it's utter nonsense that it's the case, you have to me an idiot to drive into MA with guns as a NH resident without a MA non-res. How one can live near MA and not know this is beyond me.

When I go into MA, I literally search my car before hand, making sure my glove boxes are clear, I'm not forgetting any guns or mags, and I make sure no shells have fallen into seat cracks or anything. Even if my car didn't have indicators that I'm a gun owner (which it does), you can't screw with the police state if you want to keep your freedom. I live a mile from the MA border and only cross it about 3 times a year when I really have to (and search the car first).
 
JWPaolilliJr said:
This is a direct quote from the article

"Taking a closer look, Padellaro said he saw a plastic gun carrying case in the car, right behind the driver's seat. He immediately called for backup.
Perron was ordered out of the car and a red and black switchblade was found in her pocketbook, he wrote.
He then asked Perron if there were any more weapons in the car and she said, "Yes. In the trunk." She also told police she was unsure if Burgos, her boyfriend and the car's owner, had a valid license to carry firearms."

So whether we like this incident or not, It was textbook on articulating reasonable suspicion to probable cause, That lead to good questions that resulted in a search, That lead to an arrest.
Click to expand...



It always comes back to "Don't talk to the Police!"
 
Len-2A Training said:
What you heard is correct. It is illegal to hang anything from the mirror, have anything on the dashboard, stickers on the front windshield (other than gov't issued stickers), etc. At age 18 I was stopped by RMV cops for having a small (~4" long) plastic dinosaur (Sinclair gas gave them out) glued to the top of my rear view mirror. More recently a LEO told me that even the HP hang-tag is illegal to hang from the mirror while driving (you're supposed to hang it while parked and remove it when you drive). Very few LEOs will stop you for that stuff but it all part of the "5 things you can stop almost every car for" that I was taught by our C. 90 guru when I was on the PD.
Click to expand...

Does that apply to things like a dash camera mounted on the windshield?

Sent from my SCH-I545 using Tapatalk
 
jamesvt said:
His first mistake was running out of gas. His second and most costly mistake was admitting his destination was in MA and not just passing through the state.
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to me a 1/4 tank is an empty tank. he should have been more up on fopa law and i guess 7 unused gun locks added insult to injury.
 
spcantwell said:
Does that apply to things like a dash camera mounted on the windshield?

Sent from my SCH-I545 using Tapatalk
Click to expand...

Len-2A Training said:
As it was explained to me by a fellow officer, yes, everything!
Click to expand...

That is ridiculous yet very believable in MA!! I know plenty of people that have a dashcam on their windshield and I see a ton of people with GPS on the windshield as well. Wow, EVERYTHING truly is illegal in MA!

Also, do you happen to have a cite in the MGLs for this?

Thank you
 
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Horrible said:
That is ridiculous yet very believable in MA!!

Also, do you happen to have a cite in the MGLs for this?

Thank you
Click to expand...

No cite, it was a long time ago. If interested, I suggest you check C. 90 and C. 89 unless one current LEO pipes up here with an actual citation.
 

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