cops seize firearms from brookline home

[seanc]

This is probably a stupid question.. but here it goes anyway.
Assuming this guy had a valid "FOR LIFE" fid.
Assuming all the guns (ammo/ mags/ etc) were purchased in state legally.
Assuming that the guns never left his residence when the FIDs "expired".

Doesn't the state have to prove that this guy was officially notified that they had essentially canceled his "for life" issued license?
Isn't this basically ex post facto law? Even in mass .
Under heller and all doesn't he have the right to keep arms, in his own home, never taking them out?

 

[terraformer]

This is probably a stupid question.. but here it goes anyway.
Assuming this guy had a valid "FOR LIFE" fid.
Assuming all the guns (ammo/ mags/ etc) were purchased in state legally.
Assuming that the guns never left his residence when the FIDs "expired".

Doesn't the state have to prove that this guy was officially notified that they had essentially canceled his "for life" issued license?

Assuming your assumptions are correct: That is one possible avenue. Ignorance of the law is no defense, but the "lifetime" FID license was "good till revoked" and failure to notice could (and should) be used for a successful entrapment via estoppal or other due process constitutional defense. But keep in mind, that possession with an expired lifetime FID card where no other cause for revocation exists
is a civil offense.

Isn't this basically ex post facto law? Even in mass .

Not ex post facto. That's a different concept than what applies here. Ex post facto is more like passing a law in 1998 removing the firearms rights of people convicted of drug possession and applying it to people convicted prior to 1998. This is all over MA law but not applicable here.

Under heller and all doesn't he have the right to keep arms, in his own home, never taking them out?

No. But Heller serves as a basis for further challenges.

 

[LoginName]

Three of them have holes in them - atypical for silencer construction.

They were never even marketed as fake silencers (they're barrel extensions with a heat shield), back in the 80's early 90's when Tec-9's and MAC's were a hot ticket item (pic is from the news video and the reporter actually calls it a silencer as the camera focuses in on it)...

The can on the MAC is likely fake (another hot selling accessory).

If the illegal possession of a silencer is valid, either Becker somehow illegally got his hands on a legally registered NFA item, or by trying to alter the fake can (drill some holes, stuff it with steel wool, etc).

Note... even if the noise reduction is minuscule, that's all it takes to be hit with an illegal manufacture/possession charge.

 

[fivepak]

They were never even marketed as fake silencers (they're barrel extensions with a heat shield), back in the 80's early 90's when Tec-9's and MAC's were a hot ticket item (pic is from the news video and the reporter actually calls it a silencer as the camera focuses in on it)...

The can on the MAC is likely fake (another hot selling accessory).

If the illegal possession of a silencer is valid, either Becker somehow illegally got his hands on a legally registered NFA item, or by trying to alter the fake can (drill some holes, stuff it with steel wool, etc).

Note... even if the noise reduction is minuscule, that's all it takes to be hit with an illegal manufacture/possession charge.

Dude, warn a guy before you post something like that. I just shit my pants when I saw that scary silencer.

 

[Mr Weebles]

Not ex post facto. That's a different concept than what applies here. Ex post facto is more like passing a law in 1998 removing the firearms rights of people convicted of drug possession and applying it to people convicted prior to 1998. This is all over MA law but not applicable here.

Like the Lautenberg Amendment, no?

 

[glide]

Police — tipped off by a family member — raided Becker’s Harvard Street home Monday night, when they say they found 36 firearms

Health inspectors found the younger Becker at the home last Friday, but he refused to open the door. Balsam said he turned the case over to police after the family member reported Becker had guns.

My shocked face.

http://bostonherald.com/news/regional/view/20220615no_bail_forgun-chargesuspect/

 

[terraformer]

Like the Lautenberg Amendment, no?

Correct.

 

[Mr Weebles]

Correct.

And the courts still decided the Lautenberg Amendment was not ex post facto because it does not impose additional punishment upon persons convicted prior to the effective date, but merely regulates the future possession of firearms on or after the effective date..

I do wonder if that Amendment would be ripe for further court action now that we're in a post-Heller world.

 

[terraformer]

And the courts still decided the Lautenberg Amendment was not ex post facto because it does not impose additional punishment upon persons convicted prior to the effective date, but merely regulates the future possession of firearms on or after the effective date..

I do wonder if that Amendment would be ripe for further court action now that we're in a post-Heller world.

You are talking about Emerson in the 5th circuit I believe. That's one court. 10 others can weigh in before the final arbiter makes the final decision.

PS: "Fun" fact: The last anyone I know heard from Emerson, a board certified surgeon, he was working the front desk at a no-tell motel in TX (as a former felon he will not be hired by any decent hotel chains...) because after being prohibited from practicing medicine, that was all he was qualified to do.

 

[dcmdon]

I would guess, and of course it is a guess, that the supressors are just for show to make the barrels legal length. If he didn't have supressors legally then some very serious charges would have been filed already and the cops would have been bragging about it on the news.

The way the cops have embellished and dramatized this whole thing further leads me to think the supressors are fake.

When the cops displayed the M/11, the suppressor was still attached, which suggested it was permanently attached.

I stopped a video showing some suppressors on the table. One was perforated on the outside. More like a barrel shroud over a barrell extender. Again, it does not look real.

 

[LoginName]

Update...

They're really looking to hang this guy...

Brookline weapons hoarder released on $5k bail

Brookline —

A Brookline man charged on two warrants and 39 firearm violations was released on $5,000 bail today.

Richard Becker, 55, of 181 Harvard St., was fitted with a GPS ankle bracelet and is due back to Brookline District Court for a pre-trial hearing on July 19.

He cannot have any weapons, a bail condition imposed during an appeal hearing on June 29.

Becker was arrested on was arrested Monday, June 11, and charged on two warrants out of Quincy District Court, and 39 firearm violations. Becker lived in a three-story brick home just blocks away Coolidge Corner.

Police found swords, knives, and 36 guns, including several high-powered assault weapons in his home. All of the guns were unlicensed.

Becker is facing 39 charges, including eleven counts of possession of a large capacity rifle, 10 counts of possession of a large capacity firearm, fourteen counts of possession of a firearm, and one count of possession of a rifle. He was also charged with two counts of possession of a silencer, and one count of possession of a large capacity feeding device.

Among the weapons police took from the home were an AK-47, an Uzi, a TEC-9 pistol, and a colt-AR-15—a popular assault weapon used by the US military.

He was held without bail at his arraignment on June 14 and was later determined dangerous during a hearing on June 20, which he appealed on June 29.

http://www.wickedlocal.com/brookline/news/x1258255054/Brookline-weapons-hoarder-released-on-5k-bail

 

[Fetch]

"Among the weapons police took from the home were an AK-47, an Uzi, a TEC-9 pistol, and a colt-AR-15"

I remember seeing a picture of the guns on the table and i only rememeber a couple of SKSs and some other C&Rish stuff. Or is that another otherwise upstanding citizen being railed by the state on some weapons charge?

 

[Bill Katt]

"Among the weapons police took from the home were an AK-47, an Uzi, a TEC-9 pistol, and a colt-AR-15"

I remember seeing a picture of the guns on the table and i only rememeber a couple of SKSs and some other C&Rish stuff. Or is that another otherwise upstanding citizen being railed by the state on some weapons charge?

That was a different one.
Here's what this one was:
http://www.wickedlocal.com/brookline/news/x2067836321/Brookline-police-health-check-led-to-major-weapons-haul?photo=0#axzz20w2lyqTU

 

[gearjunky13]

The guy could have had 100 guns and still he could only use two at a time at best, even then he would need alot of practice to be good with two, most bad guys use only one, so whats the problem

 

[Len-2A Training]

The "problem" is that it's Brookline . . . a town with a history of being anti-gun for >60 years that I know about (my Father served as an Aux PO there back after WWII)!

If they could pin a jaywalking ticket on this guy they would add another criminal charge as well! It's just how they operate there.

 

[Donvin999]

Gotta love this state... This would be legal in how many other states??? Even better he had all these scary in registered guns and had not yet committed a crime??? I though these sort of high powered weapons killed all on their own??

 

[peshooter]

.

 

[WWII_Collector]

WAIT! They are going to "Melt down" the weapons?
Why not bring them to auction?

I don't know, I've always been curious what LE does with evidence like that, but melting them down sounds like overkill/such a waste!

Is my thought process wrong in thinking that properly licensed individuals should be allowed to purchase these after trial? Especially collector pieces. Those SKS's looked nice

(Sorry for being off topic)

 

[MtRiverCharlie]

WAIT! They are going to "Melt down" the weapons?
Why not bring them to auction?

I don't know, I've always been curious what LE does with evidence like that, but melting them down sounds like overkill/such a waste!

Is my thought process wrong in thinking that properly licensed individuals should be allowed to purchase these after trial? Especially collector pieces. Those SKS's looked nice

(Sorry for being off topic)

You're dead wrong.

Why these are assault weapons and have no place on the streets of Brookline or any other town in the United States! There is no legitimate sporting purposes for these weapons and they murder children.

 

[WWII_Collector]

A weapon that is illegal like the ones that had the suppressors on them yes - those need to be disposed of. But if it happened to be an original Mauser all matching you still think that should be 'melted down'? Or how about an original Russian SKS? these firearms are perfectly legal for an LTC Unrestricted Class A to own/purchase in MA. Whats wrong with that?


Wait, Murder children? okay buddy...

when one of my collectors pieces grows legs, unlocks my safe from the inside, takes off its' trigger lock, finds my locked up ammo in a separate loction, loads itself, and hunts down a child you win. Then I will personally destroy my wonderful historic artifacts and turn myself in and give you a pat on the back.

 

[MtRiverCharlie]

A weapon that is illegal like the ones that had the suppressors on them yes - those need to be disposed of. But if it happened to be an original Mauser all matching you still think that should be 'melted down'? Or how about an original Russian SKS? these firearms are perfectly legal for an LTC Unrestricted Class A to own/purchase in MA. Whats wrong with that?

$100 say there's no illegal firearm or even a real suppressor in that lot.

I actually have a m95 matching Mauser with bayonet

You missed my sarcasm in the previous post

 

[WWII_Collector]

ohhhhhhhhhh sarcasm is what that was? my bad... sorry, I'm new I plead ignorance


.... only ten posts deep and already made a fool of myself [sad2]

 

[MtRiverCharlie]

ohhhhhhhhhh sarcasm is what that was? my bad... sorry, I'm new I plead ignorance


.... only ten posts deep and already made a fool of myself [sad2]

Yeah, I thought the whole 'murder children' part gave it away

Moving the thread back on topic:

I wonder if the police will melt down the guns before the defense can get an independent authority in to review.

 

[terraformer]

Becker is facing 39 charges, including eleven counts of possession of a large capacity rifle, 10 counts of possession of a large capacity firearm, fourteen counts of possession of a firearm, and one count of possession of a rifle. He was also charged with two counts of possession of a silencer, and one count of possession of a large capacity feeding device.

I would love to see the look on their faces when they find out that they have to drop all of the charges because it's a civcil fine for anyone whose license lapsed and wasn't otherwise rejected for a license...

- - - Updated - - -

I wonder if the police will melt down the guns before the defense can get an independent authority in to review.

Automatic dismissal of charges. See Comm v. Muniz.

 

[dcmdon]

I've been thinking all this for the last month.

1) suppressors are fake
2) guns were all legal when he bought them.
3) he was a holder of a "lifetime" FID. (Which still said "Lifetime" on it, even after they changed the law)

Keep your fingers crossed that the A2 ARs shown in the photos were made prior to '94.

 

[MisterHappy]

Legalities and reasoableness are irrelevant - it's security theater....making the streets safe, and all that crap.


If there's a disposition that favorable to the "offender".....it's likely that it will not be reported, as "no problem found " is not news.


To WWII collector....a preoperly tuned sarcasm meter is a requirement, here. There's probably an app for that.

 

[Rob Boudrie]

I sent the author of the article an email pointing out the fake supressors, how I could tell, and that due to the National Firearms Act of 1934, the fake suppressor served to make the confiscated guns less, rather than more, regulated as it kept them from being considered "short barreled rifles" subject to federal registration and taxation.

He gave me a very polite reply stating "I just report what the police say, just like any other crime story".

Journalism continues to die. I guess he never heard of the journalistic maxim "If your mother tells you she loves you, be sure to verify"

 

[dwarven1]

a colt-AR-15—a popular assault weapon used by the US military.

Really? The US military uses semi-auto rifles? The level of pants-wetting hoplophobia in that article is staggering.

WAIT! They are going to "Melt down" the weapons?
Why not bring them to auction?

I thought I remembered reading about it being a state law that they MUST be destroyed and cannot be sold but I can't seem to find any reference to it in the MGLs. No doubt someone more knowledgeable can tell if I'm right or not.

A weapon that is illegal like the ones that had the suppressors on them yes - those need to be disposed of.

More hoplophobia. Why do they need to be disposed of? Perfectly legal once you remove the suppressor... and the suppressor can be sold to any SOT or out of state.

 

[Rob Boudrie]

More hoplophobia. Why do they need to be disposed of? Perfectly legal once you remove the suppressor... and the suppressor can be sold to any SOT or out of state.

#1: The items in this arrest are almost certainly NOT suppressors.

#2: Fake suppressors are often (and appear to be in this case) permanently attached barrel extensions to meet barrel length to not be an SBR (Short Barreled Rifle), so removing one is a lengthy process involving federal paperwork and $200 at initial registration and upon each transfer.

 

[MisterHappy]

That maxim is long gone.

"If it bleeds, it leads" holds sway.

Rob, thanks for the atttempt to educate the ignorant. Back when the DC sniper was running around, the Glob had a "Full size" image of the .223 ammo - it was about the size of a .30-'06.

I emailed the Glob with the correct info. There was a correction on page 2 (text only) the next day, but no direct reply. And many, many Nons now knew that an AR fires Garand ammo.....