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Comm2A to Support Lowell Gun Collector

Rob Boudrie

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Most people look at the option of walking away (although without an LTC) versus the prospect of spending maybe $25k or more AND still possibly being convicted, and they'll almost always chose the former.
There are *MANY* cases where individuals were sentenced to do serious time after turning down "no jail time but conviction" plea deals. The system does not like people wasting the court's time on trials, and will sometimes punish someone severely for attempting to beat the rap.
 

mark056

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There are *MANY* cases where individuals were sentenced to do serious time after turning down "no jail time but conviction" plea deals. The system does not like people wasting the court's time on trials, and will sometimes punish someone severely for attempting to beat the rap.
This...plus it ups the conviction rate for the DA when someone takes a plea.
 

Rob Boudrie

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This...plus it ups the conviction rate for the DA when someone takes a plea.
Yup - which is why when it is clear that "justice" calls for no conviction, the system's response in any case other than "someone else did it and we are convicting them" is most often to offer a deal, not drop the charges.
 
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Donation sent.

The a**h*** Lavalle needs to be sued as an indivdual for knowingly persuing a malicous prosection. IIRC, The only way That the a**h*** Leone can be sued is if, It is a malicous prosecution. Thus I believe that would be how a civil rights case would have to laid out. Either way I have no use for either of these a**h***S.

YES! LAVALLE, YES! LEONE, I called you that, What are going to do about it?

I remember the Oath that I took when enlisted in The United States Marine Corps and Again when I be came a Police Officer. You both would do well to read what you made an oath to, But then again, Based on results your word has no value.

Joseph W. Paolilli Jr.
Retired Sgt. Massachusetts Environmental Police
Don't be shy. Tell us how you really feel! [wink]
 

joeendris

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IANAL, but yes, I suspect there's little grounds for going after damages. The override objective here is to make sure that this creative use of the statute does not become yet another way to for prosecutors to easily make someone a prohibited person.

I'll just remind everyone how easy this is to do with a statute like 131L. Sure, most people would like to think they'd fight a charge like this, but the reality is different. Faced with the option of a no jail time, no fine plea deal most people will take the deal. Fighting a charge like this brings with it the uncertainty of outcome as well as the uncertainty of cost. Most people look at the option of walking away (although without an LTC) versus the prospect of spending maybe $25k or more AND still possibly being convicted, and they'll almost always chose the former.
And the AG will have grabbed another based on BS [banghead]
 

Rob Boudrie

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And the AG will have grabbed another based on BS
It's more complicated with gun owners, particularly if any offered deal includes something less than federal disability and the "dice roll" of trial places disability on the table.
 
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Just wanted to say, Its thread's like this that keeps me green on NES year after year. You should all be proud of your support to Mr. Sokolowski. I don't know this man from a hole in the wall but I can feel his frustration. What a great family we have here! [rockon]
 
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NRA and GOAL helping???

In.
So, are Goal and the NRA helping out with a little dough here? If ever, now's the time.
 

terraformer

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527 CMR 13 is the CMR. That has pointers to the relevant statutes. The one he was charged with is M.G.L. c. 148, § 12. The MGL governs sale and storage but as far as I know they are only discussing storage.
 

terraformer

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I just read 148 sec 12 twice, If applies to fireworks. Are they throwing shit at the wall and hope it sticks? I knew many of the people in the clerk of courts office in Lowell, There a couple there that anything to do with guns and you are screwed. I don't know who the presiding judge is any more.
Read the CMR I mentioned. That defines the fireworks and explosives. You will note small arms components and complete cartridges are defined as explosives in the CMR. The UN also defines small ordnance as explosives which the state of MA takes as gospel (for you blue helmet haters out there...). The ATF defines ordnance components as explosive under certain circumstances.

ETA: Here is a link http://www.mass.gov/Eeops/docs/dfs/osfm/cmr/cmr_secured/527013.pdf
 

terraformer

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Next question, Did the City of Lowell when issuing his storage license, Conduct the proper notifications as required in 148 sec 13? I think I already know the answer, Being a smart ass.
I need to be careful here, but I believe the city's assertion is he didn't have the license.
 
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Well how does not having the fire license or having more primers then allowed (basically breaking a fire dept. regulation) translate into a charge for 'manufacturing explosives'. ?

Shouldn't it be a charge of storing too many primers/flammables?

I'm lost.
 
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Well how does not having the fire license or having more primers then allowed (basically breaking a fire dept. regulation) translate into a charge for 'manufacturing explosives'. ?

Shouldn't it be a charge of storing too many primers/flammables?

I'm lost.
Per the master crime list, the official charge for a violation of MGL 148-12 is "EXPLOSIVE MFG/STORAGE/TRANSFER VIOL".
 

terraformer

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Come on, Are trying to make me laugh? They will jump on, when they think the fight is won. That will be so they can claim some ownership. Just like in Heller, then again in McDonald. IIRC All GOAL has ever done is throw out a list Lawyers for you to choose from. You were always on your own.
[rolleyes]
 

ARV

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Come on, Are trying to make me laugh? They will jump on, when they think the fight is won. That will be so they can claim some ownership. Just like in Heller, then again in McDonald. IIRC All GOAL has ever done is throw out a list Lawyers for you to choose from. You were always on your own.
Wasn't this brought up before someplace else. They are separate groups, but they work together in a fashion. GOAL works primarily on legislation, and Comm2A works primarily on litigation. If they each did both, they might end up stepping on each others toes.
 

ARV

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With all due respect, Comm2A hs only been in existance for what 12months. Where has GOAL been since 1976? Comm2A I think was created due to the lack of legal support from GOAL. So at this point if both groups were around the same amount of time there might be some validity there. Nothing sayes GOAL or NRA can't throw some money to Comm2A in support of this case.
Hm, well I didn't know much about Comm2A's history. That was just what I remember from another Comm2A vs GOAL argument.
 

terraformer

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Wasn't this brought up before someplace else. They are separate groups, but they work together in a fashion. GOAL works primarily on legislation, and Comm2A works primarily on litigation. If they each did both, they might end up stepping on each others toes.
This is correct. Because of our charters, we don't "coordinate" or otherwise strategize (more accurately the §501(3)(c) of the 2 shouldn't coordinate with lobbying efforts so we don't) but we enjoy a positive relationship otherwise and I believe we both serve a vital role. It's pretty clear what the issues are that need fixing so strategizing is not really needed either. I should reiterate what I said above that we haven't asked any organization for money on this topic and so no organization has refused to support us.

I appreciate folks personal opinions on any number of topics but can we keep this thread about the OP and discuss the other issues elsewhere.
 
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Next question, Did the City of Lowell when issuing his storage license, Conduct the proper notifications as required in 148 sec 13? I think I already know the answer, Being a smart ass.
I wonder if the City of Lowell is open to the same storage laws as the rest of us. I wonder what their equipment room looks like. What means do the public have of viewing the inside of the TAXPAYER'S police station?




Wasn't this brought up before someplace else. They are separate groups, but they work together in a fashion. GOAL works primarily on legislation, and Comm2A works primarily on litigation. If they each did both, they might end up stepping on each others toes.
This is correct. Because of our charters, we don't "coordinate" or otherwise strategize....
What group is it that helps elect RKBA friendly legislators? I know GOAL used to do phone banks and such, but it seems they are short the cash to do this or something lately.
 
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