Arrest for gun within 1000 feet of school, on Public Street

[Greschner 4]

I didn't see anything in glidden about acceptability of proper firearms storage in vehicles on school property - I'll look again.

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[slap shot]

So, have we determined if this arrest ever happened?

 

[PaulR]

Somewhere in the first 6 pages, never happened the way it was told.

 

[Len-2A Training]

I didn't see anything in glidden about acceptability of proper firearms storage in vehicles on school property - I'll look again.

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Because there is no difference in MGL for storage in vehicles on school property vs. parking on the street.

 

[M1911]

I didn't see anything in glidden about acceptability of proper firearms storage in vehicles on school property - I'll look again.

In general, laws don't tell you what you can do, they tell you what you can't do. Let's look carefully at MGL Ch 269 Section 10j:

(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. ...

Unloaded and locked in the trunk of your car is not being "carried on [your] person" and therefore you would not be violating this law. That said, I still strongly recommend against doing so.

 

[Greschner 4]

In general, laws don't tell you what you can do, they tell you what you can't do. Let's look carefully at MGL Ch 269 Section 10j:



Unloaded and locked in the trunk of your car is not being "carried on [your] person" and therefore you would not be violating this law. That said, I still strongly recommend against doing so.

No doubt, it was crystal clear about what you couldn't do. I guess I'm more shocked that you can have a (properly stored) firearm on MA school grounds - whether it's advisable or not. Thanks guys.

 

[Greschner 4]

One other car (storage) question ... are the rules for proper storage in a car the same as they are at your home? (527 CMR 13) requires all ammunition and ammunition components to be "stored in original containers and such containers shall be stored in a locked cabinet, closet or box when not in use." So, by letter of the law, other than mags filled with ammo (with mags clearly separated from the firearm), is it expected that all other ammunition (in your car) follow the same home storage requirements?

 

[Len-2A Training]

527 CMR 13 only applies to building storage, not cars.

Otherwise, storage in a car is the same as storage at home . . . with one "practical exception" . . . you can store a loaded gun in your home (locked case/safe), but doing that in a car (even in locked trunk/case) will likely lead to arrest and conviction (long guns are prohibited by law, most LEOs believe that handguns are too).

 

[drgrant]

One other car (storage) question ... are the rules for proper storage in a car the same as they are at your home? (527 CMR 13) requires all ammunition and ammunition components to be "stored in original containers and such containers shall be stored in a locked cabinet, closet or box when not in use." So, by letter of the law, other than mags filled with ammo (with mags clearly separated from the firearm), is it expected that all other ammunition (in your car) follow the same home storage requirements?

527 CMR 13 is more or less a joke anyways, but even so, it doesn't apply to cars.

-Mike

 

[Greschner 4]

527 CMR 13 only applies to building storage, not cars.

Otherwise, storage in a car is the same as storage at home . . . with one "practical exception" . . . you can store a loaded gun in your home (locked case/safe), but doing that in a car (even in locked trunk/case) will likely lead to arrest and conviction (long guns are prohibited by law, most LEOs believe that handguns are too).

So, technically, in a car, any ammo (not in a mag) needs to be in its original packaging?

 

[Len-2A Training]

So, technically, in a car, any ammo (not in a mag) needs to be in its original packaging?

Where did you get that from what I stated?

NO!

 

[Greschner 4]

Where did you get that from what I stated?

NO!

You stated very explicitly the only (one) "practical exception" between home and car storage is: "you can store a loaded gun in your home (locked case/safe), but doing that in a car (even in locked trunk/case) will likely lead to arrest and conviction (long guns are prohibited by law, most LEOs believe that handguns are too)."

So if home storage requires (whether anybody likes it not) that "all ammunition and ammunition components to be stored in original containers" (I would assume that means packaging), then why would it not apply to "car storage"?

Not busting balls here, just trying to understand/interpret the insanity.

 

[M1911]

So if home storage requires (whether anybody likes it not) that "all ammunition and ammunition components to be stored in original containers" (I would assume that means packaging), then why would it not apply to "car storage"?

CMR != MGL

Look at the penalties for violating the CMR. Now look at the penalties for violating the MGL.

 

[Len-2A Training]

CMR is NOT applicable to transporting ammo in cars. MGL is. Storage of ammo is NOT in MGLs, but it is in the CMR . . . thus not applicable in a car.

Does that help make the issue clear now?

 

[neum69]

The story doesn't quite pass the sniff test, and if true... some PD/officer is in for a serious boot f**king.

Christ... I live directly across the street from an elementary school and could face 20-years to life just wheeling my range cart out to my car and pulling out of the driveway if there was any creditability to this.

I know this post is over two years old, but I just found it very funny that LoginName with THAT avatar made THAT statement.

See, rep can be like a long-term annuity; rolling in for years after your contribution.

 

[Greschner 4]

527 CMR 13 only applies to building storage, not cars.

Otherwise, storage in a car is the same as storage at home . . . with one "practical exception" . . . you can store a loaded gun in your home (locked case/safe), but doing that in a car (even in locked trunk/case) will likely lead to arrest and conviction (long guns are prohibited by law, most LEOs believe that handguns are too).

Got it! Thanks Len.

 

[waltherlover]

Did we ever find out what happened with the OP's friend? I'd be very curious to see if he got an easy-street settlement, or if there was more to the story.....

 

[WallHack]

unless there's some wallhack they can use

You rang, two years ago?

Sorry, I have nothing to contribute. Holy thread resurrection, Batman!

 

[mike59271]

LOL. I literally live across the street from a school, sure hope this isn't enforced in my neck of the woods or else I would be on permanent lock down!!

 

[dyer01905]

what if you lived next to the school and owned guns? are you in violation? i seem to remember reading about this in anoither post some time ago, cant recall the details though. i call shenanighans, but stranger things have happened.

I live on the same street as a Elementary, Middle, and High School. The middle school is across the street from me. Multiple firearms and plenty of ammo to boot. No issues here. Most police around here know I own and store my firearms here. I'm sure if there is a lock-down for something gun related in one of these schools my door will be the first one to be kicked in though. They would come up with some cocked / half-assed excuse to do it.

*Yes I know this thread is old.