Big shoutout to Neil Tassel

[paul73]

Honestly they did a lot wrong (the hospital too, pretty sure they told the cops I was being discharged because I was met at my apartment by officers and I sure as shit didn't tell them I was on my way), but I'm over all of this and just want to leave it in the past at this point.

I think your attitude toward situation is reasonable.
It may have a bit of a Stockholm syndrome to it - as do not make a mistake- no cop is a friend of yours, ever - but, to put it all behind and move ahead is the healthiest thing to do.
Congratulations on the conclusion of the whole ordeal.

 

[Hogie1]

Glad it worked out for you.

@nstassel - nice job.

EMTs and local PD can just f*** off; all of this was unnecessary.

There really should be some training for EMS on firearms. All that has been said for the 25+ years I've been an EMT is just "scene safety! scene safety", with little or no context or common sense. Had it been me I probably would have been able to tell you were about to go to the range, and I would have locked the rifle in the case for you. It didn't have to go down the way it did. I hope your health has improved and the SZ's are under control.

 

[kalash]

C’mon!
You’re killing me here!

Yup same here. Whats the notice? lol

I'm curious too. @Rob Boudrie? @allen-1? Bueller?

 

[Rob Boudrie]

Yup same here. Whats the notice? lol

I'll try to dig it out when I am back at the compound (well, house, but it never hurt to think big).

It is a legal notice to police:
- Personal property of Robert Boudrie
- No other person has the authority to grant consent to search or entry into safe
- Someone having the combination to the safe does not indicate they have authority to consent to search
- (car dealer clause) No consent valid unless in writing.
- Surrendering combination or opening upon police order does not indicate consent

Then, the "no bonded warehouse to be used, will hold department responsible for fees if one is used, will have someone who can legally accept the guns to the PD promptly; transfer guns to ......., and NFA SBR to ...... who is a trustee of my NFA trust"

No, this won't stop anything from happening. What it will do is vastly reduce the chances of "consent was given so we did not need a warrant". The "bonded warehouse" statement is probably redundant, because the PD in my town has a history of providing reasonable cooperation with non-bonded warehouse pickups.

I live a very low risk (from a legal point) lifestyle, so the chances this will be relevant is pretty slim. But, it is a good general procedure to follow.

 

[allen-1]

Yup same here. Whats the notice? lol

I'll try to dig it out when I am back at the compound (well, house, but it never hurt to think big).

It is a legal notice to police:
- Personal property of Robert Boudrie
- No other person has the authority to grant consent to search or entry into safe
- Someone having the combination to the safe does not indicate they have authority to consent to search
- (car dealer clause) No consent valid unless in writing.
- Surrendering combination or opening upon police order does not indicate consent

Then, the "no bonded warehouse to be used, will hold department responsible for fees if one is used, will have someone who can legally accept the guns to the PD promptly; transfer guns to ......., and NFA SBR to ...... who is a trustee of my NFA trust"

No, this won't stop anything from happening. What it will do is vastly reduce the chances of "consent was given so we did not need a warrant". The "bonded warehouse" statement is probably redundant, because the PD in my town has a history of providing reasonable cooperation with non-bonded warehouse pickups.

I live a very low risk (from a legal point) lifestyle, so the chances this will be relevant is pretty slim. But, it is a good general procedure to follow.

 

[Rob Boudrie]

That's it - though I am not sure if "constructive entry" is a real term. I seemed to make sense at the time though

 

[jek]

Wanted to make a public post to once again thank the great Neil Tassel. Last year I had a seizure while prepping for a range day and I had the audacity to not lock up my rifle in the 10 or so minutes between seizing and being rushed to the ER by ambulance (my landlord called 911 for me). The emt's told the responding officer I had "guns everywhere" (this was a lie, everything but my rifle was locked in my range bag) then the Wilmington PD tried to hit me with improper storage of a large capacity firearm. A few days pass and I'm discharged from the hospital to find 2 officers at my apartment (not sure how they knew I was discharged but whatever) who served me my suspension notice and seized all my guns/ammo. It was a stressful few weeks waiting to see what they were charging me with but finally Neil found out what it was and explained I had a show cause hearing to determine whether there was cause for a criminal complaint. I've never been in trouble so it was extremely stressful and taxing on my mental health, but Neil was always there to answer my repetitive questions and he dominated at my show cause hearing. He got the skeleton posing as a magistrate to accept an agreement between the inspector and Neil that they'd leave it at the show cause level for 6 months and deny the complaint as long as I kept my record squeaky clean. I don't live much of a wild life these days, but it was always on my mind that I had this piano dangling above my head. Well, 6 months pass, the complaint was denied, and the Lieutenant at the Wilmington PD quickly pushed thru my license reinstatement. So now I'm back in business and I have my license and goods back in my possession with no piano hovering over me and it feels great to have it all wrapped up.

now to figure out how the F I get this key-less lock of my 320!

Thanks again for all your help and guidance @ntassel


View: https://imgur.com/a/Xg2xHRz

Thanks for sharing this and congratulations on a good ending. I hope I never need Attorney Tassel, but I would definitely call if I needed legal help.

 

[Mesatchornug]

I'll try to dig it out when I am back at the compound (well, house, but it never hurt to think big).

It is a legal notice to police:
- Personal property of Robert Boudrie
- No other person has the authority to grant consent to search or entry into safe
- Someone having the combination to the safe does not indicate they have authority to consent to search
- (car dealer clause) No consent valid unless in writing.
- Surrendering combination or opening upon police order does not indicate consent

Then, the "no bonded warehouse to be used, will hold department responsible for fees if one is used, will have someone who can legally accept the guns to the PD promptly; transfer guns to ......., and NFA SBR to ...... who is a trustee of my NFA trust"

No, this won't stop anything from happening. What it will do is vastly reduce the chances of "consent was given so we did not need a warrant". The "bonded warehouse" statement is probably redundant, because the PD in my town has a history of providing reasonable cooperation with non-bonded warehouse pickups.

I live a very low risk (from a legal point) lifestyle, so the chances this will be relevant is pretty slim. But, it is a good general procedure to follow.

Once upon a time, you posted this one:

Real Estate lease restricting firearms

Well its like this, if they put it in the lease and you are concerned, which for arguments sake somebody could be and I think the OP is if he asked - options are 1 - take apartment and sneak around, act wierd and stay up at night worrying about it 2 - pass on apartment that is otherwise what you...

www.northeastshooters.com

View attachment 549167

I like that one. It feels more complete than the above link. Working on similar for myself...

 

[moojpg2]

First f*ck the EMT with the big mouth.
Your job is patient care , stick to that.
My son is an EMT and if I found out he did something like that , i do believe things would get ugly between us.

I have standing orders in my house that if there is a medical emergency with me that after the ambulance is called certain doors are to be shut and locked and no one is to be allowed to roam the house.
I don't care if i'm blue and they are attempting to jump start me.
I've heard more that a couple of stories of cops taking an opportunity to go snooping through a house while the medics are working on someone.

I've had it happen when dealing with ambulance for my mom, literally had to slam doors in the cops face and tell him to get out of the house. There's always at least one dipshit boot licker on every PD, and knowing anyone's luck that will be the dipshit that shows up when you're in the middle of a heart attack. My family has strict orders to deny the police entry to the house even if they are the first responder, I was an EMT and my other half is basic life support and stop the bleed trained and we have our own 02 and AED available, don't need their warrantless searches, told her she's free to drag me to the front porch for the medics I won't care lol

 

[Shevchenko]

There's always at least one dipshit boot licker on every PD, and knowing anyone's luck that will be the dipshit that shows up when you're in the middle of a heart attack.

The cop that screamed at my elderly landlord is my age and from a town over, all of my friends that grew up with him said he's been a prick his whole life and sounds exactly like who you just described.

 

[DW357]

The cop that screamed at my elderly landlord is my age and from a town over, all of my friends that grew up with him said he's been a prick his whole life and sounds exactly like who you just described.

 

[paul73]

The cop that screamed at my elderly landlord is my age and from a town over, all of my friends that grew up with him said he's been a prick his whole life and sounds exactly like who you just described.

if you do not mind me asking - in the average rounded up $ amount - what was the overall impact from that cop to your bottom line, attorney fees and all the related expenses?
and if you asked mr. Tassel on that - any chance for any of those expenses be pushed on the accusers party?

 

[Shevchenko]

if you do not mind me asking - in the average rounded up $ amount - what was the overall impact from that cop to your bottom line, attorney fees and all the related expenses?
and if you asked mr. Tassel on that - any chance for any of those expenses be pushed on the accusers party?

I didn't ask about going after attorney's fees, as they were very reasonable and I was happy to pay it, if we went to trial it might have been another story. I'll provide the cost if Neil's cool with it, but I'd prefer to wait for him to ok that.

 

[Matt2109]

Congrats to OP. Nice work Neil!

 

[Len-2A Training]

The cop that screamed at my elderly landlord is my age and from a town over, all of my friends that grew up with him said he's been a prick his whole life and sounds exactly like who you just described.

Every PD has at least one a**h*** cop.

For years after I retired, I'd have middle-aged women in town tell me about their poor treatment from one particular young cop on the force. As I explained to them, I wasn't there anymore and never had any clout to do something about such a complaint. Some years ago as I was crossing the street to the USPO, said officer's bike kickstand let go as he parked there. I was trying to rush there to assist him keeping the bike upright so as not to fall on him when he barked at me. Another time I was delivering some surplus Bertucci pizzas from a meeting that I had run to the PD. The Sgt and I were carrying them into the training room when this officer walked in. I said hello and he totally ignored me.

Spin forward, a few months ago I get a message from this officer. He's a firearms instructor on the side and asked me to refer people to him since I'm no longer in MA. I tactfully and politely told him NO! that I only recommend two firearms instructors who I have trained with and have full faith in. They are Jon Green (GOAL) and Rick Sitte (used to be Scouter Rick on NES, president of Mansfield F&G). I know lots of instructors, but I know that most are clueless about Mass gun laws and thus won't recommend anyone that I haven't seen do it right in person!

I didn't ask about going after attorney's fees, as they were very reasonable and I was happy to pay it, if we went to trial it might have been another story. I'll provide the cost if Neil's cool with it, but I'd prefer to wait for him to ok that.

I don't think that you can sue for attorneys fees in MA and get a judgment for them. I'll be glad to stand corrected if Neil knows otherwise.

 

[paul73]

don't think that you can sue for attorneys fees in MA and get a judgment for them

that is very sad if true in this case, as the whole scenario to be forced to pay fees to be able prove your innocence based on false false accusation from government agents is infuriating.

 

[AHM]

I don't think that you can sue for attorneys fees in MA and get a judgment for them. I'll be glad to stand corrected if Neil knows otherwise.

You've got to ask yourself one question Len:
"Is the right to keep and bear arms a civil right?".

MGL Ch. 12 §11I: Violations of constitutional rights; civil actions by aggrieved persons; costs and fees

Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.​

 

[xtry51]

@nstassel is great.

f*** that loud mouth and the cops who violated your rights.

 

[paul73]

You've got to ask yourself one question Len:
"Is the right to keep and bear arms a civil right?".

MGL Ch. 12 §11I: Violations of constitutional rights; civil actions by aggrieved persons; costs and fees

Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.​

like it was said before - there is a theory there, and there is a practical reality. what we have in this thread is a sample of the latter.

 

[Rob Boudrie]

like it was said before - there is a theory there, and there is a practical reality. what we have in this thread is a sample of the latter.

Keep in mind the feds have taken the position that the 2A confers a right, but not a civil right and that wrong has not yet been righted.

 

[Len-2A Training]

You've got to ask yourself one question Len:
"Is the right to keep and bear arms a civil right?".

MGL Ch. 12 §11I: Violations of constitutional rights; civil actions by aggrieved persons; costs and fees

Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.​

like it was said before - there is a theory there, and there is a practical reality. what we have in this thread is a sample of the latter.

Thanks. I was unaware. HOWEVER, ask Comm2A or Neil if anyone has won a judgment under this statute and actually collected in MA. My bet is no.

I was once told by an attorney that although MGL allows up to triple damages under C. 93A, consumer protection lawsuits . . . that it is exceptionally rare that a judge will rule for more than actual damages. Theory vs. reality.

 

[AHM]

I was once told by an attorney that although MGL allows up to triple damages under C. 93A, consumer protection lawsuits . . . that it is exceptionally rare that a judge will rule for more than actual damages. Theory vs. reality.

Smyly Autos: A litigation saga
by Philip Greenspun

 

[Rob Boudrie]

Thanks. I was unaware. HOWEVER, ask Comm2A or Neil if anyone has won a judgment under this statute and actually collected in MA. My bet is no.

I was once told by an attorney that although MGL allows up to triple damages under C. 93A, consumer protection lawsuits . . . that it is exceptionally rare that a judge will rule for more than actual damages. Theory vs. reality.

I had an attorney explain that the 93A statute is used only for threatening, but failing to threaten it in a claim borders on legal malpractice.

The "and collect" is not a problem in MA. If there is a judgment or agreed settlement, MA has enough respect for the system to either pay or appeal. Comm2A recovered legal fees in both the non-citizen LTC and devil weed denial.

 

[Len-2A Training]

I had an attorney explain that the 93A statute is used only for threatening, but failing to threaten it in a claim borders on legal malpractice.

The "and collect" is not a problem in MA. If there is a judgment or agreed settlement, MA has enough respect for the system to either pay or appeal. Comm2A recovered legal fees in both the non-citizen LTC and devil weed denial.

Weren't those in Fed courts? 1983 claims?

 

[free]

Smyly Autos: A litigation saga
by Philip Greenspun

That used to be a great photography forum, in the early days of online forums.

 

[AHM]

That used to be a great photography forum, in the early days of online forums.

I might have tripped over the author from some other context back in the day;
but for me it wasn't photography...hmmm, he never posted by surname in the
one regional Usenet newsgroup that came to mind. It's a mystery.

 

[Rob Boudrie]

Weren't those in Fed courts? 1983 claims?

Correct, it was my response to the "actually collecting" comment that implied the state would simply not pay a judgment if it lost. That has proven not to be the case.

 

[free]

I might have tripped over the author from some other context back in the day;
but for me it wasn't photography...hmmm, he never posted by surname in the
one regional Usenet newsgroup that came to mind. It's a mystery.

photo.net

still exists, but in much more gussied up presentation now.

 

[Len-2A Training]

Correct, it was my response to the "actually collecting" comment that implied the state would simply not pay a judgment if it lost. That has proven not to be the case.

OK. I stand by my comment that a MA Court (state court) will not provide lawyers fees to the winner as part of the judgement. Fed Courts and laws are different animals.

 

[Rob Boudrie]

OK. I stand by my comment that a MA Court (state court) will not provide lawyers fees to the winner as part of the judgement. Fed Courts and laws are different animals.

Almost certainly true.

My comment was only about MA actually paying judgements (and settlements negotiated to avoid judgments). I have found them to be very professional and honest in this regard. Of course, the fact that MA would pay a judgment issued by a MA court is probably irrelevant.