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Agreed, but as a former gun dealer, he can't plead ignorance of the law... So, now, unless he takes the probation offer, its a straight up constitutional case on why his LTC/license were revoked and whether his form of "storage" meets the 5:4 definition of the 2nd amendment light...A few months later and he still didn't do anything wrong by any stretch of common sense or imagination.
No One.....No One.... pleads Guilty at arraignment. It is judicial suicide to do so even if you are the guiltiest of parties.
Do not read anything into the not guilty plea.
From WCVB bostonchannel.com. Plead Guilty Monday 9/20/10
...
http://www.thebostonchannel.com/news/25096027/detail.html
If he actually had some DDs, he's dodged a bullet....
What are "DD's"? Dunkin Donuts?
Is this a federal case? Is this final? I'd say probation is not too bad considering all the charges.
Are the words "infernal machine" actually a part of Massachusetts law?
An individual was arrested for illegal carry of a firearm, but the charges didn't stick because they could not convince the court or da (I forget which) that a spudzooka was a firearm.
Shh, don't tell the ATF, or we will all be paying $5 a round for potato munitions as DDs...There was an interesting case on Holyoke a few years ago. An individual was arrested for illegal carry of a firearm, but the charges didn't stick because they could not convince the court or da (I forget which) that a spudzooka was a firearm. The charges were modified to "infernal machine", and he judge made a determination that a Spuzdooka is not a firearm or infernal machine, which is why we do no have an LTC-P on the books .
I was joking of course, you are correct as I understand it (though per the ATF FAQ, you can request a "classification as a potato gun", but it doesn't end there sadly...IIRC, the ATF actually made a ruling as to whether a spud gun is a firearm or not. I believe they said it wasn't.
Wikipedia said:# Combustion spud guns are considered firearms in the state of Texas.
# Spud guns are considered firearms in Winter Springs, FL.
# Owning or using spud guns in Florida is illegal pursuant to Florida Statute 790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.
Better safe than sorry, we should coordinate and send 100's of samples to the ATF for classification...so, if I were to shoot beets, for example, I could be shooting a firearm, whereas using potatos is OK....except in FL and TX...
I was joking of course, you are correct as I understand it (though per the ATF FAQ, you can request a "classification as a potato gun", but it doesn't end there sadly...
Per wikipedia:
74-Year-Old Gets Probation For Home Arsenal
WORCESTER, Mass. -- A 74-year-old Auburn man has been placed on probation for 10 years on charges stemming from the seizure of a large quantity of firearms and ammunition from his home.
http://www.thebostonchannel.com/news/25619035/detail.html
But he is such a danger to society that he is now a prohibited person. But not too dangerous to actually punish...
ETA: Not to mention the loss of the property.
Why doesn't someone in one of these situations sue the state? For unconstitutional laws, stolen property, etc. If the laws are ever going to change it will require massive legal attacks because you aren't going to get anywhere with the voting method.
Agreed.Good question with a good answer. He was facing a life sentence in jail (given his age) v. 10 yrs of probation. You do the math.
Has anyone ever seen what exactly these charges were based on?16 counts of possessing an infernal machine
Has anyone ever seen what exactly these charges were based on?
If not, does anyone know how to find out? Is there an official court document that would list them?
Article said:Worcester police found heavy machine guns, shotguns, pistols and ammunition in Mr. Mateiko’s house when they and ambulance workers responded to a medical call on Feb. 8. Mr. Mateiko faces four counts of illegal possession of a machine gun and possession of an infernal machine, C-4 plastic explosives.
All I can add is that, at 72, I'm not going to have 800 pounds of ammo lying around. No way, after 50 I figure I'm not carrying more than a few days surplus. 800 pounds is past optimistic and into silly at that age.
You're making some of us on this list feel really old.No way, after 50 I figure I'm not carrying more than a few days surplus.
What does it say about MA politicians that they passed a law that bans something defined in a fanciful TV show that was frankly somewhat farcical?
And how about that definition. Anything out of the ordinary can be considered an infernal machine if one can argue it is in any way dangerous.
Potato canons have been called infernal machines .
Potato canons have been called infernal machines .
Keep religion out of this! Those are Potatoe Cannon!