Friend is losing his LTC

whacko said:
So you are telling me if I'm in an accident and have a fire arm in my trunk......and the officer asks me if I have a fire arm I should lie? Seriouse questin.
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Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
 
Squib308 said:
its good for everyone to hear these stories so we can be reminded how ridiculous this state is. i dont think a right minded person can ever be too cautious in this nanny state.
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Yeah, I agree. It doesn't matter. They want to strip gun rights and since they cannot abolish the second amendment they are looking to do this one person at a time by implementing unrealistic requirements that make it nearly impossible for anyone to meet.
 
Skylineracer329 said:
Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
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That is kind of my point. Bottom line for me is if I'm ever in a accident and the reporting officer asks me if I have a fire arm in the vehicle it won't be a problem becaue if I'm transporting fire arms they will all be locked.....the ****.....up......or on my person in a holster.
 
Skylineracer329 said:
Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
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Which law mandates you answer that question? Not arguing, just curious.

Also, does an "inventory" allow for destroying a lockbox?
 
whacko said:
So you are telling me if I'm in an accident and have a fire arm in my trunk......and the officer asks me if I have a fire arm I should lie? Seriouse questin.
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depends... you gonna be driving away? are they going to inventory the contents?

i know when i last wrecked a car no inventory was performed and it was transported to the repair shop which held vehicles for them. there were no citations written or anything and i had no say in where the car was sent, they just called a wrecker and then i had to deal with this ******* charging me ridiculous lot fees... but that's all a story for another day.
 
ccm75 said:
Apples vs. Oranges - OUI and carrying while under the influence. I'm thinking it's totally based on LEO's opinion as to persons impairment...

https://malegislature.gov/laws/generallaws/partiv/titlei/chapter269/section10h:
Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
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So, based on this it has to be loaded and under control to be charged on the under the influence part. However, don't they somewhere define "under control" as being on person or within reach as regards to concealed carry requirements?
Would seem they could get him on the improper storage or the carry under influence, but not both. Either way screwed. Clearly dumb for not denying the pocket breathalyzer!
 
bill o said:
Which law mandates you answer that question? Not arguing, just curious.

Also, does an "inventory" allow for destroying a lockbox?
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Not sure the statute exactly. I'm just fairly certain you don't have to tell a cop the you are armed unless explicitly asked. I could be wrong.
 
Skylineracer329 said:
Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
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You do? I was under the impression you did not have to answer such questions. Do not lie about it, but don't have to answer. Not trying to be a dewsh but do you have an MGL cite?
 
Here's a legitimate question for CCW's.

Let's say you carry on the daily and had no intentions of drinking. You grab dinner with a friend and decide to have a beer. Would it be legal to lock the gun in a box in the back of the vehicle and then the magazine and ammo in the glove box THEN proceed to have legal amounts of alcohol?
 
Skylineracer329 said:
Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
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I've had cars towed and the PD never 'inventoried' anything in the trunk. They car wouldn't have been impounded if he wasn't arrested. If you get in an accident, you can tell the towing company to bring it anywhere you want.

I think if this guy had said only, "I'm not answering any questions" he would have had a chance to get off. On everything.

If a cop asks you if you have a firearm in the trunk, you are not required to answer him. You can't lie, but you don't have to answer either.
 
Skylineracer329 said:
Probably not. In MA you "have" to tell an LEO if asked. If your car is getting towed, it's going to be searched and inventoried by PD. So they'll find it anyways.
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There is nothing mandating this in MGL. He can say "I'm not answering any questions". A lot of people talk themselves into handcuffs.... if it didn't plop out of the car, this is a good probability, too.

-Mike
 
EddieCoyle said:
I've had cars towed and the PD never 'inventoried' anything in the trunk. They car wouldn't have been impounded if he wasn't arrested. If you get in an accident, you can tell the towing company to bring it anywhere you want.

I think if this guy had said only, "I'm not answering any questions" he would have had a chance to get off. On everything.

If a cop asks you if you have a firearm in the trunk, you are not required to answer him. You can't lie, but you don't have to answer either.
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So back to the old addage......"don't talk to the police".......but get ready for a loooooooong session on the side of the road......
 
Skylineracer329 said:
Not sure the statute exactly. I'm just fairly certain you don't have to tell a cop the you are armed unless explicitly asked. I could be wrong.
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In this case, it would have been self incrimination if the person was illegally transporting the firearm.

Invoke your 5th amendment rights and let the court sort it out.
 
Back in college a friend rear-ended another friendly. Quite hard, I might add - driver and passenger of the car in front both left in an ambulance. The friend who was at fault had a trunk full of booze and he was underage. No one ever looked in the trunk, no inventories, nothing. The OP's friend's loud mouth screwed him over, sadly. Most people want to cooperate, I get it, but that doesn't change the fact that oftentimes you're much better off shutting up.
 
Skylineracer329 said:
Long story short, left his gun in his trunk, loaded. Rolled his car over, trunk opens and gun falls out. Cop nailed him with intoxicated possession (0.05 BAC) and improper storage. Oops.
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Interested to see what he was actually charged with (the specific MGLs allegedly violated.) I'm guessing Chapter 140, Section 131c (Carrying of firearms in a vehicle) and Chapter 269, Section 10h (Carrying loaded firearm while under influence of liquor.) Storage is a separate law that wouldn't seem to apply here but people get it confused with section 131c all the time.

He needs a REALLY good lawyer.
 
Someone was arrested for carrying under the influence in Natick a few months back, also after a crash. But he was good and drunk, and he had the gun on his person. I couldn't find the NES post, but maybe somebody else can. It was the guy who wore safety glasses in the mugshot.
 
This. It is entirely up to the police and DA as to what constitutes intoxicated carrying. The recently enacted law had a section which would have codified the ETOH level, but it also would have made it a felony (I think). In any case a conviction would have made the person a Prohibited Person under federal law.

It's been said a million times, locking a gun in a trunk in this state is not proper storage.

CrackPot said:
Don't confuse the absolute standard that exists for DUI (0.08) and the completely undefined variation for firearm possession. No standard exists so 0.01 could result in arrest. 0.08 certainly would and what in between is totally up to the officer/DA.

Personally, I don't drink when carrying. Period. The grey area is far too large and arbitrary
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Garys said:
This. It is entirely up to the police and DA as to what constitutes intoxicated carrying. The recently enacted law had a section which would have codified the ETOH level, but it also would have made it a felony (I think). In any case a conviction would have made the person a Prohibited Person under federal law.

It's been said a million times, locking a gun in a trunk in this state is not proper storage.
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Doesn't this fall under transportation, as opposed to storage?
 

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