Cop leaves gun in trunk, get drunk

[mpkeelee]

http://www.masslive.com/news/index.ssf/2014/08/worthington_police_officer_cau.html

Worthington Part Time Cop causes scene at Murphy's in Agawam. Cops find improperly stored duty pistol in trunk. Cop facing charges in Westfield court

 

[MaynardDad]

Let's hope they fight it out so the SJC gets a chance to add to the cluster**** that is Comm v Reyes.

 

[Palladin]

I Don't get it, it's required to store your handgun in the trunk. So they grabbed him on not being unloaded.
Reyes got hung up on putting his in the glove compartment

G. L. c. 140, § 131C (b), (c).

(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

 

[MaynardDad]

The carrying statute (131C) does not apply "once the defendant leaves his vehicle and leaves the firearm in it" (Comm v Reyes). It's about the only clear thing that came out of Reyes. So if they are going to go after him, they will have to do it with the storage statute (131L).

I would not be surprised if the arresting officer had 131C and 131L confused (as did the procecutor who went after Reyes and the people at EOPS who wrote their FAQ, quoted in Reyes). He might have believed that guns stored in the trunk need to be unloaded. If so, the charges will be dropped once the DA reads Reyes.

If they want to go after him for breaking the storage statute (131L), they could argue that the trunk itself is not sufficient for 131L because it can be opened without a key from inside the passenger compartment. Based on a federal definition, the court said in Reyes that "[a]t a minimum, to be secure, any qualifying container must be capable of being unlocked only by means of a key, combination, or other similar means."

 

[NHAtHeart]

The carrying statute (131C) does not apply "once the defendant leaves his vehicle and leaves the firearm in it" (Comm v Reyes). It's about the only clear thing that came out of Reyes. So if they are going to go after him, they will have to do it with the storage statute (131L).

I would not be surprised if the arresting officer had 131C and 131L confused (as did the procecutor who went after Reyes and the people at EOPS who wrote their FAQ, quoted in Reyes). He might have believed that guns stored in the trunk need to be unloaded. If so, the charges will be dropped once the DA reads Reyes.

If they want to go after him for breaking the storage statute (131L), they could argue that the trunk itself is not sufficient for 131L because it can be opened without a key from inside the passenger compartment. Based on a federal definition, the court said in Reyes that "[a]t a minimum, to be secure, any qualifying container must be capable of being unlocked only by means of a key, combination, or other similar means."

If the passenger compartment of the car is locked, but there is a trunk release in there. It would still require a key to open it correct? As long as both the trunk and passenger compartment are locked it seems like it would meet the test.

 

[7OGlock]

Edit: misread the article, it is the right one...

The article specifically mentioned that there was a large capacity handgun with one in the chamber i.e. "loaded" the stature says "is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container."

From the article:
"Officers found Preston’s service weapon in an open duty bag in the trunk of his vehicle, loaded and with a round in the chamber, the report said"

 

[MaynardDad]

If the passenger compartment of the car is locked, but there is a trunk release in there. It would still require a key to open it correct? As long as both the trunk and passenger compartment are locked it seems like it would meet the test.

In Reyes, the court said the following about the glove compartment:

This does not resolve whether a locked glove compartment might be adequate under the storage statute. We are of the view that it might depending on the particular factual circumstances including the nature of the locking mechanism, whether the motor vehicle was also locked and alarmed, and ultimately whether in the circumstances it was adequate to "deter all but the most persistent from gaining access." This is a question of fact, properly decided by the fact finder at trial.

That indicates that your question about the trunk release may be left up to the jury. But the jury instructions will become important. (The reason Reyes got off in the end is that the judge didn't instruct the jury on what "secured in a locked container" means; he simply read them the statute (131L). So the judge for this new case will have to say something.) One possibility is that the judge could use the language of 131C to interpret what "secured in a locked container" in 131L means. He could say that because 131C calls out "the locked trunk" separately from "locked case or other secure container," the legislature did not consider the locked trunk a secure container.

 

[Len-2A Training]

It is commonly "believed" by many/most LEOs in MA that leaving a loaded handgun in a MV (in locked container/locked trunk) is illegal and they will treat it as such. Massprudence dictates that doing this is a very bad idea.

The debate and confusion wrt S. 131C and 131L are an ongoing (never-ending) issue, which is why I spend considerable time in my MA Gun Law seminar trying to explain the differences.

I just reviewed the MGL text and "Notes" for both in the "authoritative book" on MA gun laws and can tell you the following:

- The Notes for 131C are contradictory and would make readers heads explode if I posted that text here, so I'll pass.
- The "opinions" of MCOPA counsel don't help the matter of understanding these laws. He's also co-author of said book.

That said it is extremely common for off-duty officers to leave their loaded handguns in their MV for various reasons (going drinking is one of them) and usually no prosecution takes place when said MV is stolen and a gun goes missing. There is an underlying hatred for PT POs in many/most departments (ask me how I know) and if an officer makes an ass of himself somewhere they will not rally the "thin blue line" behind him but castigate him instead.

 

[M1911]

The SJC had the perfect opportunity during Comm v Reyes to clarify storage in a car. Unfortunately, it was a swing and miss for the SJC. The result is even more confusion than before Comm v Reyes. I suppose I should have expected no less from those morons on the SJC.

 

[PaulR]

Sounds to me like the cop chose the lesser of two evils:
1) Carry concealed and get drunk.
2) Leave the piece in the trunk and get drunk.

problem was (he let them search and) he left the gun loaded.

I'm thinking he was thinking he would not get pinched by allowing them to search.
At this point, I actually feel kinda bad for the cop.

 

[Palladin]

so neither 131C or 131L, allow for a loaded or unloaded firearm (handgun) stored in the trunk of a car, is that right?
131C only addresses unloaded high capacity rifles & shotguns, and unloaded firearms carried by a B license. 131L doesn't reference vehicle trunks

 

[MaynardDad]

so neither 131C or 131L, allow for a loaded or unloaded firearm (handgun) stored in the trunk of a car, is that right?

Let's limit the discussion to unrestricted LTC-A holder and a handgun. Then the only part of 131C that applies is 131C(a), which only says that if the gun is loaded, then it has to be under your direct control when you are carrying it in a vehicle. Note that 131C(a) says nothing about storage at all.

Once you leave your vehicle and leave the firearm in it, 131C does not apply, according to Reyes. Only 131L does, and it says nothing about loaded or unloaded.

But the Law Enforcement Guide to Firearms Law book and the EOPS FAQ both get 131C and 131L confused, so there is no wonder that many cops get it wrong.

Whether the trunk qualifies as "secured in a locked container" is the only part of this that is unclear and needs to be decided by a jury. So Massprudence does at least dictate that you keep a lockable pistol box in the trunk. If you also want to avoid arrest by a confused cop, you should also unload—but you may decide that the extra safety of storing a holstered gun and avoiding unloading in your car is worth the risk of an arrest if you believe, as I do, that this is clear enough that the charges will be dropped.

 

[M1911]

so neither 131C or 131L, allow for a loaded or unloaded firearm (handgun) stored in the trunk of a car, is that right?
131C only addresses unloaded high capacity rifles & shotguns, and unloaded firearms carried by a B license. 131L doesn't reference vehicle trunks

At one point, I thought I understood this crap. After Comm v Reyes, I have decided that I've got no clue.

 

[Dirtypacman]

I will admit I am confused by the different interpretations. Simply put "stored unloaded and in a locked container" would be so much easier to interpret properly. Although I don't particularly agree that is best for the gun owner.

 

[7OGlock]

wow, mass law is really screwed up. We should make some more laws to fix it

 

[Serapis]

I'm guess he Allowed them to search his car? If he wasn't in it, why where they?


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[Jason Flare]

For the record, I feel sorry for the cop on this.

Don't talk to the police applies even here.

 

[xtry51]

For the record, I feel sorry for the cop on this.

Don't talk to the police applies even here.

Yup. This charge is stupid bullshit.

The safest place for your sidearm to be is holstered on your person. Not left in a vehicle.

 

[mbullism]

ignoring what the law says (or doesnt say) for just a moment, common sense would dictate that placing a loaded holstered handgun in a locked trunk seems reasonable...the alternative being "constantly" loading and unloading a firearm in public as you navigate the spaces they are not allowed or prudent (post office, courthouse, school, airport,wherever).

The argument against loaded gun locked in a trunk would have to be that the moron(s) that broke into said trunk, even through the back seat, was/were always too stupid to get the magazine or loose round in the gun after taking it....

 

[xtry51]

ignoring what the law says (or doesnt say) for just a moment, common sense would dictate that placing a loaded holstered handgun in a locked trunk seems reasonable...the alternative being "constantly" loading and unloading a firearm in public as you navigate the spaces they are not allowed or prudent (post office, courthouse, school, airport,wherever).

The argument against loaded gun locked in a trunk would have to be that the moron(s) that broke into said trunk, even through the back seat, was/were always too stupid to get the magazine or loose round in the gun after taking it....

The loading and unloading is exactly why the law is stupid. Every time you unholster the gun there's a chance you screw up. Just leave the thing loaded and in the holster.

 

[M1911]

ignoring what the law says (or doesnt say) for just a moment, common sense would dictate that placing a loaded holstered handgun in a locked trunk seems reasonable...the alternative being "constantly" loading and unloading a firearm in public as you navigate the spaces they are not allowed or prudent (post office, courthouse, school, airport,wherever).

The more reasonable thing to do is to just leave it in the damn holster. Guns only go off when people are messing about with them. A holstered gun is a safe gun.