Beach ?

M

mousegunfan

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Will this pass legal muster? Going in the water at the beach and leaving the firearm in a beach bag in one of those small handgun safes. I have one with a Combination lock. Thanks
 
I'm with Kiver. I'm paranoid about getting my beach towel or wallet stolen, much less having to worry about a gun.
 
mousegunfan said:
Will this pass legal muster? Going in the water at the beach and leaving the firearm in a beach bag in one of those small handgun safes. I have one with a Combination lock. Thanks
Click to expand...

It's probably enough to meet the requirements of § 131L, but you could be open to a negligence claim. In Jupin v. Kask, where a woman was found negligent for giving her son a key to the house where the father had guns stored (the son took a gun and shot somebody with it), the court ruled that "a defendant owes a duty of care to all persons who are foreseeably endangered by her conduct".
 
crap is stolen at the beach all the time.

If someone stole the beach bag, you would have to report it stolen. Then your licensing officer could deem you unsuitable and pull your LTC even though you complied with the law by locking it. And once you lose your LTC you are screwed as they will confiscate all your other guns. Not worth it.
 
I'm perplexed as to what tactical situation you're trying to prepare for. What's your threat model and why does having a gun on the shore while you're in the water help you fight that threat?
 
jdubois said:
It's probably enough to meet the requirements of § 131L, but you could be open to a negligence claim. In Jupin v. Kask, where a woman was found negligent for giving her son a key to the house where the father had guns stored (the son took a gun and shot somebody with it), the court ruled that "a defendant owes a duty of care to all persons who are foreseeably endangered by her conduct".
Click to expand...

Note, however, that in Jupin v. Kask the judgment wasn't against the owner who had stored the firearm, but against the homeowner who had allowed her emotionally disturbed son access to the home in which she knew that guns were stored. Nonetheless, it definitely wouldn't be a particularly smart idea for numerous reasons.

Ken
 
mousegunfan said:
Will this pass legal muster? Going in the water at the beach and leaving the firearm in a beach bag in one of those small handgun safes. I have one with a Combination lock. Thanks
Click to expand...

Probably. I'd leave someone with the bag to make sure that it didn't get stolen. In short it seems like it's strictly legal, but not advisable in MA, especially with "suitability" concerns.

Harleynut said:
I would look for a beach where I didn't think I needed to carry my gun.
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dfranke said:
I'm perplexed as to what tactical situation you're trying to prepare for. What's your threat model and why does having a gun on the shore while you're in the water help you fight that threat?
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Keep in mind you have to travel to and from the beach, and possibly walk the storefronts or go out to lunch/dinner after.

jdubois said:
It's probably enough to meet the requirements of § 131L, but you could be open to a negligence claim. In Jupin v. Kask, where a woman was found negligent for giving her son a key to the house where the father had guns stored (the son took a gun and shot somebody with it), the court ruled that "a defendant owes a duty of care to all persons who are foreseeably endangered by her conduct".
Click to expand...

KMaurer said:
Note, however, that in Jupin v. Kask the judgment wasn't against the owner who had stored the firearm, but against the homeowner who had allowed her emotionally disturbed son access to the home in which she knew that guns were stored. Nonetheless, it definitely wouldn't be a particularly smart idea for numerous reasons.

Ken
Click to expand...

Since we're nitpicking [wink], it wasn't her son, it was her boyfriend's son, and he shot & killed a cop with it.

It's all laid out here.
 
KMaurer said:
Note, however, that in Jupin v. Kask the judgment wasn't against the owner who had stored the firearm, but against the homeowner who had allowed her emotionally disturbed son access to the home in which she knew that guns were stored.
Click to expand...

Yes, right. The parallel that I'm making is that the woman in the case was ruled to have known, or should have known, that her actions would cause harm. Similarly, I could see a ruling that you should know that leaving a pistol in a case on the beach where it is easily within access of the general public, even if enclosed in a locked case, is likely to be stolen and therefor cause harm. It's not who stored the guns, but who knowingly allows access.
 
Blitz1 said:
The real question here is a 9mm enough to take out a shark?
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Depends wildly on the shark in question [wink]

http://www.budsbangsticks.com/index.html

MassMark, next time make sure that 642 is in the front of your speedo... Not cool.... Not cool.... [sad2] [laugh]

EDIT: blitz was kind enough to point that Bud does not carry a 9mm bangstick... clearly this means I should flush the glock and carry a P22 in "bear killer" 22LR... [laugh]
 
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MassMark said:
I keep a 642 in my Speedo....
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I know this was said in jest, but I ran into a guy several years ago down at Scarborough Beach in RI who swam in the ocean with his small semi auto. Didn't know the guy, but when he came out of the water his bathing suite clung to it and patterned it so everyone could see that he was carrying a gun in his swim trunks.

(Have no idea why I'm posting this in a thread that Blitz1 is on. I'm just opening myself up to all kinds of ridicule. [smile])
 
You could put it in a ziplock bag and that in some kind of tactical fanny pack made for swimming and you're good to go.
 
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whatluck said:
You could put it in a ziplock bag and that in some kind of tactical fanny pack made for swimming and you're good to go.
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If anyone went in the water with a fanny pack.....i just don't know what i would say. Actually anyone wearing a fanny pack i general i don't know what i would say [laugh][laugh][laugh][laugh]
 
I have off-road stickers to 3 beaches on the Cape so I've become spoiled over the years. Rarely do I ever actually have to get out of my car and lug a bunch of stuff down to the sands. Air the tires down, put it in 4x4 and cruise to the desired spot next to the dunes. Unload chairs, coolers, grille, table, horseshoe set, logs and kindling for the fire pit, fishing pole, bait, Coleman lantern and then plop down with sweat already running down my face.

Pistol gets locked in an approved case with combo padlock and secured by wire lock under the seat.

[wink]
 
45collector said:
I have off-road stickers to 3 beaches on the Cape so I've become spoiled over the years. Rarely do I ever actually have to get out of my car and lug a bunch of stuff down to the sands. Air the tires down, put it in 4x4 and cruise to the desired spot next to the dunes. Unload chairs, coolers, grille, table, horseshoe set, logs and kindling for the fire pit, fishing pole, bait, Coleman lantern and then plop down with sweat already running down my face.

Pistol gets locked in an approved case with combo padlock and secured by wire lock under the seat.

[wink]
Click to expand...

Sweet!!
 
jdubois said:
It's probably enough to meet the requirements of § 131L, but you could be open to a negligence claim. In Jupin v. Kask, where a woman was found negligent for giving her son a key to the house where the father had guns stored (the son took a gun and shot somebody with it), the court ruled that "a defendant owes a duty of care to all persons who are foreseeably endangered by her conduct".
Click to expand...

It looks like it's enough to meet the storage requirements, especially if its a Glock stored in an Igloo cooler. [laugh]

http://www.northeastshooters.com/vb...-vs.-Lojko-New-MA-quot-Safe-Storage-quot-Case
 
jdubois said:
It's probably enough to meet the requirements of § 131L, but you could be open to a negligence claim. In Jupin v. Kask, where a woman was found negligent for giving her son a key to the house where the father had guns stored (the son took a gun and shot somebody with it), the court ruled that "a defendant owes a duty of care to all persons who are foreseeably endangered by her conduct".
Click to expand...
You know, as a negligence claim (criminal or civil), I'm not sure I have a problem with this...

That last sentence captures how gun storage should be handled. If your actions were so stupid and foreseeable then you ought to be punished.

Just as if you took the parking brake off a car and rolled it down a steep hill for giggles...

I don't have a problem with society punishing people for doing really dumb things and though I cannot say I have a lot of faith in juries in this state these days, that is the right place to decide how dumb you have to be to cross this threshold...
 

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