Colt Python Confiscated from Brooklyn man in Ma.

I don't understand the charges, if he was driving through the state delivering heroin to Bedford, NH why was he charged with Unlawful Possession of Firearm w/o License, Possession of Ammunition w/o FID Card? I get the Improper Storage of Firearm charge, if it was unloaded and locked in his trunk, but in most states you don't need a license to own a gun, right?

They just throwing the book at him?

Chris
 
*chris* said:
I don't understand the charges, if he was driving through the state delivering heroin to Bedford, NH why was he charged with Unlawful Possession of Firearm w/o License, Possession of Ammunition w/o FID Card? I get the Improper Storage of Firearm charge, if it was unloaded and locked in his trunk, but in most states you don't need a license to own a gun, right?

They just throwing the book at him?

Chris
Click to expand...

This is Massachusetts. Stop asking pertinent legal questions.
Actually, stop asking questions, period.
 

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Well, with a name like Yirbel Sanchez, he was obviously up to no good, but the only charges are not having a permit for the gun or for the car. Not exactly public enema #1.

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PaulR said:
Cue Rick Grimes references in 3........2..........
Click to expand...

Who is Rick Grimes? The Crime Dog cartoon? I thought that was McRuff?
 
*chris* said:
I don't understand the charges, if he was driving through the state delivering heroin to Bedford, NH why was he charged with Unlawful Possession of Firearm w/o License, Possession of Ammunition w/o FID Card? I get the Improper Storage of Firearm charge, if it was unloaded and locked in his trunk, but in most states you don't need a license to own a gun, right?

They just throwing the book at him?

Chris
Click to expand...

If you're asking why FOPA didn't cover him, I'm pretty sure you need to be legal in both your start point and destination. He probably didn't have a NY license so no FOPA protection from him.

As for the illegal storage, sounds to me like he was transporting not storing but what do I know?

Sadly the Python will probably get melted down.
 
namedpipes said:
Well, with a name like Yirbel Sanchez, he was obviously up to no good, but the only charges are not having a permit for the gun or for the car. Not exactly public enema #1.

- - - Updated - - -



Who is Rick Grimes? The Crime Dog cartoon? I thought that was McRuff?
Click to expand...

Rick Grimes has the best looking Python on TV...main character on The Walking Dead. the-walking-dead-rick-grimes-colt-python-357-magnum.jpg
 
iofneedle said:
Rick Grimes has the best looking Python on TV...main character on The Walking Dead.
Click to expand...

I disagree, I think Lea Penick from American Hoggers has the best looking Python on TV, even though it spends most of it's time hanging off her hip (lucky Python) [wink]

tumblr_nb54wr58En1tre780o1_500.jpg
 
*chris* said:
I don't understand the charges, if he was driving through the state delivering heroin to Bedford, NH why was he charged with Unlawful Possession of Firearm w/o License, Possession of Ammunition w/o FID Card? I get the Improper Storage of Firearm charge, if it was unloaded and locked in his trunk, but in most states you don't need a license to own a gun, right?

They just throwing the book at him?

Chris
Click to expand...

Yup, you don't understand the laws (FOPA or MA)!

As a result of an investigation and subsequent search of the motor vehicle a black Colt Python .357 caliber firearm loaded with six .38 Winchester ammunition rounds was located.

SANCHEZ was charged with the following offenses; Unlawful Possession of Firearm w/o License, Possession of Ammunition w/o FID Card, Improper Storage of Firearm, Unlicensed Operation of a Motor Vehicle, Unregistered Motor Vehicle.
Click to expand...

From the cited story:

- Drugs aren't mentioned.
- NH destination isn't mentioned.
- MA isn't "most states" and requires a license to possess any gun or ammo. He lacked said license.
- FOPA doesn't apply for the following reasons:
* Must be legal at starting point and destination. No info given to say yes or no to this.
* FOPA requires it to be in a locked case in the trunk (or back of SUV) with ammo stored in separate container (locked if truck/SUV). Loaded gun doesn't meet this requirement.
- Search is legal as incident to arrest for unlicensed/unregistered MV prior to being towed. It is done for inventory purposes but if illegal items turn up, charges meet the law.

I see nothing in these charges that are out of line with the incident.

I'm willing to bet that the gun was stolen. I'm equally willing to bet that no real effort will be made to return it to the rightful owner after the court case is concluded. Additionally it is common practice to engrave an identifying mark on guns held as evidence, destroying the value of the gun. I guess writing down the S/N isn't adequate to prove that the gun was the one found in the car! DOH!! Sadly I expect that it will be destroyed at the conclusion of the trial.
 
jasons said:
If you're asking why FOPA didn't cover him, I'm pretty sure you need to be legal in both your start point and destination. He probably didn't have a NY license so no FOPA protection from him.

As for the illegal storage, sounds to me like he was transporting not storing but what do I know?

Sadly the Python will probably get melted down.
Click to expand...

ah well, one less Python on the streets...that means mine will go up in value that much more. [wink]

As a result of an investigation and subsequent search of the motor vehicle a black Colt Python .357 caliber firearm loaded with six .38 Winchester ammunition rounds was located.
Click to expand...

Gee, it must be extra killy 'cause it's black.
 
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I'm equally willing to bet that no real effort will be made to return it to the rightful owner after the court case is concluded. Additionally it is common practice to engrave an identifying mark on guns held as evidence, destroying the value of the gun.
Click to expand...
Strange things have happened. A buddy's 1911 still has the initials the arresting officer carved in the gun when he arrested a miscreant carrying it in Brooklyn. It was stolen in a residential burglary in MA and after a period of years, finally made its way back home to MA.
 

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