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bedstand gun illegal?
- Thread starter GLOCK.Perfection
- Start date
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
1) I work in Cambridge. The commute from MetroWest sucks. The commute from NH would suck harder.
2) NH is freakin' cold.
3) Mrs. M1911 would divorce my fat behind. And she knows all the good lawyers in Boston. Gun ownership would no longer be an issue 'cause I'd be flat broke.
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
They tell me you cheat ~~~ I saw you at Walmart buying clothespins ~~~
J
Jose
Sez the man in New Hampshire with no kids...
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I have a child and she knows exactly what this is and what not to do with it:
The joys of living in a free state and being able to decide how to best secure your weapons depending on circumstances instead of enjoying the nanny state-approved, one-size-fits-all solution.
+1
I grew up around guns. There were always guns around, and during hunting season, there was ALWAYS a rifle sitting at the door at the ready to take any deer that would dare cross the property. We were taught from the start about guns. We were allowed to handle the firearms, we were allowed to shoot them, and we knew that any time we wanted to see, touch, hold, or shoot them, all we had to do was ask. There was no mystery about them, to taboo of them being hidden and not talked about. Most of all though we did not fear the firearms, though we feared for our lives what would happen if we didn't follow the RULES!
When you are awake, carry on your person. That is under your control. If you refuse to store your firearm as required by law and this situation occurs YOU will be prosecuted. It sucks, it's ridiculous, but this is MA. The firearms laws suck.
AT LEAST have a storage safe in your room, and have the good sense to open it before the police show up. That way you can show them that you were following the law. They don't know if you really had the firearm loose on your bedstand as long as you can show them an open safe. If you're in your boxers and t-shirt with your hair all screwed up you can't expect them to believe you had the firearm under your control. and NO it isn't under your control if you're sleeping. If you're behind the wheel of your car with your seat belt on, is it under your control if you're asleep? Nope. Neither is your firearm.
Actually if you are in your car, keys in pocket, and you fall asleep in the parking lot of a bar, and you fail a sobriety test upon being woken up. You will be arrested because you are considered to have control of the car.... So why should being sober and asleep in your own bed be different. Just because they want to bag you for DUI?
A drunk getting into the car with keys in pocket and sleeping,
I don't think that constitutes as "operating under the influence"
because he's not actually operating the car. (LEOs can correct me
if I'm wrong here, but if that is true, then there are a lot of people
that slept off a hangover in a car who should be bagged for
DUI! ) Now, if said drunk actually STARTS the car, then it could
be pretty easy to show that he was "operating" a motor vehicle.
I can see a bunch of other problems potentially arising from a drunk
hanging out in a parking lot, but nailing the guy with DUI if he doesn't
actually operate a vehicle? That's a bit of a stretch.
-Mike
Mike, yes they do arrest, prosecute and convict for OUI if they find someone drunk in a car, even if the person didn't attempt to start it.
If that is fair or not, I leave as another topic.
You notice that nobody touched my (true) comment that many LEOs go to sleep in their cruisers on mids . . . are they "in control" of their gun?![[laugh2]](/xen/styles/default/xenforo/smilies.vb/014.gif "Laugh at above [laugh2]")
If that is fair or not, I leave as another topic.
You notice that nobody touched my (true) comment that many LEOs go to sleep in their cruisers on mids . . . are they "in control" of their gun?
Sorry, but you are completely wrong.
Under the facts you've posted, the police officer would have absolutely no probable cause to arrest for OUI, because he had no proof of operation, let alone operation under the influence.
It would only be considered operation if the kcar's key were in the ignition.
Please don't perpetrate a myth about the law of OUI in our state.
Darius Arbabi
Mike, yes they do arrest, prosecute and convict for OUI if they find someone drunk in a car, even if the person didn't attempt to start it.
Wrong, unless the car's key was in the ignition. If it were, then it would be operation regardless whether the car was running.
Darius Arbabi
You better check your case law on that because there have been numerous convictions based on those facts. Case in point. The vehicle is found on the shoulder of a roadway off. The operator is DUI inside with the vehicle not running and the keys out. The courts have found that the operator would have operated the vehicle in that condition.
Case law has been established that the vehicle's operator need only attempt to entry the vehicle. LE must not necessarily allow an attempt to start the vehicle to establish Operation.
Not to say all judges would find operation but many have, as have the appeals court judges.
Nobody has ever left a party and "slept it off" down the street near the house, with the car "on the shoulder" of the road?
I find this exact situation FAR PREFERABLE to the alternative, and imagine most police would as well.
What's right is not necessarily what happens these days. I suspect that in most police agencies these days, if they find someone in that situation policy is that they must arrest.
Don't confuse the law with what is "right or wrong" or "better or worse."
![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
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If you have a semi auto - keep the trigger lock open and Next to the weapon. A loaded magazine next to the gun and the slide back.. Insert the magazine and release the slide.. Ready to go.. It would be the fastest way other then already being loaded.. If you don't have a lock box..
In this situation, the only way to get down the street in your car is to drive it, which is an OUI. Though finding someone asleep in a bar parking lot should not be OUI.
Producer
NES Member
The bar parking lot could be hard to prove as a "public way." So even if you were driving drunk in a the private parking lot, a good lawyer might get you out of it.
However, a good analogy might be a hunter or an armed guard sleeping.
Unless the bedstand is next to the car in the bar parking lot, I have a request . . .
![[offtopic]](/xen/styles/default/xenforo/smilies.vb/038.gif "Off Topic [offtopic]")
You mean you never parked on the shoulder and then walked back to that same car after whatever event you went to?
Unless the bedstand is next to the car in the bar parking lot, I have a request . . .
Ha ha. Sorry, we lost control of ourselves. Wait, that's how this got started! TGIF, and I'll stop it now. (-:
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