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AWB violation overturned in Dedham

Discussion in 'General Discussion' started by VTski4x4, Feb 1, 2019.

  1. new guy

    new guy NES Member

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    Dumbasses probably didn’t know what they were dealing with. But why did The State prosecute?
     

  2. Christian

    Christian

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    Because gunz r' bad don't you know.
     
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  3. compleckz

    compleckz NES Member

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    All that's obvious is the Norwood PD don't know how to properly remove a fixed mag, because they're not subject to the Healey edict.
     
  4. citoriguy

    citoriguy NES Member

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    You and I, and everyone else here knows the answer to that - not a damn thing.
     
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  5. CrackPot

    CrackPot NES Member

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    If you read the post, the lower was built into a pistol. AR Pistols with detachable magazines are assault weapons, not under Healey made up sh*t, but under the law. Insertion of the department 30rd mag showed it had a "detachable" magazine. You then had a lot of evil features
    1) over 50oz
    2) magazine outside grip
    3) copy of full automatic
    4) possibly threaded barrel, we dont have enough info
    5) possibly foregrip for off hand, not enough info

    Any two and you have an assault weapon under original federal law incorporated into MA law.

    Getting the "its detachable" thrown out was critical. Had it been a rifle and been otherwise MA compliant, you would have been down to Maura-land violation. Because it was a pistol, if detachable, real violation.

    Good job defending this.
     
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  6. Mr. Brownstone

    Mr. Brownstone NES Member

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    This is how I understand it as well.
     
  7. Drix

    Drix

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    From the 1994 AWB:

    (C) a semiautomatic pistol (1) that has an ability to accept a
    detachable magazine(2) and has at least 2 of--
    ``(i) an ammunition magazine that attaches to the pistol
    outside of the pistol grip;
    ``(ii) a threaded barrel capable of accepting a barrel
    extender, flash suppressor, forward handgrip, or silencer;
    ``(iii) a shroud that is attached to, or partially or
    completely encircles, the barrel and that permits the shooter
    to hold the firearm with the nontrigger hand without being
    burned;
    ``(iv) a manufactured weight of 50 ounces or more when the
    pistol is unloaded; and
    ``(v) a semiautomatic version of an automatic firearm; and
    ``(D) a semiautomatic shotgun that has at least 2 of--
    ``(i) a folding or telescoping stock;
    ``(ii) a pistol grip that protrudes conspicuously beneath
    the action of the weapon;
    ``(iii) a fixed magazine capacity in excess of 5 rounds;
    and
    ``(iv) an ability to accept a detachable magazine.''

    No detachable magazine, no assault weapon.
     
    Last edited: Feb 1, 2019
  8. Serapis

    Serapis Navy Veteran

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    So they are enforcing the Healy ban now?
     
  9. Mr. Brownstone

    Mr. Brownstone NES Member

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    No, I get that part. What I meant was, the pd was going after the guy for what was actual law, not Healy’s thing.(even though they were dead wrong, and in my opinion, criminally manufacturing evidence by destroying the fixed magazine and inserting rheir own.)
     
  10. Len-2A Training

    Len-2A Training Instructor Instructor NES Life Member NES Member

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    Not so for District Court. Norfolk County has District Courts in Wrentham, Stoughton, Dedham and Quincy (may be others, just these are ones that I know of and have been in on business), so the towns are divvied up for each courthouse.

    Absolutely.

    Probably the same ADA and MSP Ballistics "expert" I dealt with, both great at making non-crimes sound like real crimes.

    Absolutely. This was a setup to punish him regardless of anything else he may have done.
     
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  11. AHM

    AHM NES Member

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    At worst, I hope the defendant can mount a unified defense
    where the PD's handling of the gun is used to impeach the veracity
    of any testimony on the other charges.
     
  12. mac1911

    mac1911 NES Member

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    Dealing with a PD many years ago over "guns" they are out to charge anyone and everyone with something.
    I do believe PD are only on the side of charges and convictions. I would bet there was not a single officer/chief/DA that even mentioned that tampering with evidence was a bad Idea. Or they laughed it off and said "whats the worse outcome they let the guy go"
     
  13. fshalor

    fshalor NES Member

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    The way to do that is to reduce them to the sitcom level of "one bullet issued. Use it wisely".

    Or another plan from a sci fi writer from the 30s, draft police like we do jury: from the general populace at random every registered voter gets a turn enforcing and patrolling. 5 days a year minimum requirement. Maybe less or more in some cities based on population.

    I think this author had a plan of officials and politicians being similarly randomly drafted, but they had 90 day long events.

    Judges were in for a single case only. (Same cycle as jury.)
     
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  14. drgrant

    drgrant Moderator NES Member

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    Because the state or some kopsch don't like being made sport of. So they go full retard. Also this guy apparently is facing other charges beyond the gun.. a common prosecution tactic in MA is to build up a mountain of garbage to get the accused to suck for a plea deal faster.... Remember what happened to MTBS guy? Guy had like 13 charges against him and all but like 2 were dropped....
     
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  15. drgrant

    drgrant Moderator NES Member

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    I would not infer that from this case, given the limited information.
     
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  16. amm5061

    amm5061 NES Member

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    This shit right here is part of the reason I like the DSI fixed mag lower. Sure they could do the same shit with that, but it's harder to argue that the magazine is detachable when there's no mag catch milled out at all.

    But this is absolutely tampering and someone should go to jail for it!
     
  17. DONALDG-HOG

    DONALDG-HOG NES Member

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    Joe Morgan is a stand-up dude. There are FFL's in MA that are willing to send some ignorant dummy down 495 with "permanently altered" 30 round magazines with 10 round governors put in with electrical tape by their "gun smith".
    Joe did his research, checked with the right people and worked around to make a legit MA ok option for us. To hear that Joe paid the guys legal fees just reinforces my opinion of him. Rock solid character there.
     
  18. Varmint

    Varmint NES Member

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    Think you answered your own question there.

    WTF, this is why I don't trust in the law, cause cops will break it if they arrest you.
     
  19. joe1231913

    joe1231913 Dealer NES Member

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    Thanks Don, I appreciate that.
     
  20. joe1231913

    joe1231913 Dealer NES Member

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    DSI....yeah they make the 2nd best fixed mag stuff around. Also, doubtful that the owner of DSI would have stepped up and paid the defense attorney bill, taken vacation days to attend the hearings, and provided testimony on behalf of the defendant.
     
  21. joe1231913

    joe1231913 Dealer NES Member

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    Thanks. It was interesting, and the CMR definitions definitly came into play here. To them, a fixed magazine means permanently attached (welded, fused, etc). If you read CMR 501 7.00, you will see the definition of “capable of accepting a large capacity feeding device” allows the magazine to be removeable with alteration.

    Our argument, in part, was that a magazine has several servicable components...that may need to be removed for repair or replacement. This was a fantastic outcome, and I am glad to say I particicpated to the fullest extent possible.
     
  22. Lank

    Lank NES Member

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    And wander freely in gen pop
     
  23. MrLumpy

    MrLumpy NES Member

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    I know it probably can’t be discussed right now because of pending cases, but am I the only one wondering how this person ended up with this charge against him?
     
  24. andrew1220

    andrew1220 NES Member

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    Nope I was wondering the same.
     
  25. rwl1955

    rwl1955

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    any more info on this case?
     
  26. 45collector

    45collector NES Member

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    I'm sure it's still ongoing.

    I am broke as a bum lately but I am absolutely going to spend some money with Joe when I can. In fact I'm going to look into buying one of those awesome keychains right now. Bravo sir, you stepped it up bigtime to help your customer out.

    ETA: Check is in the mail Joe!
     
    Last edited: Feb 6, 2019
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