Gun Stores - Firearms Storage

[BostonVI]

Haven't seen this posted anywhere yet, but his ruling just came down wrt storage.

After a judge dismissed criminal charges against an Ipswich gun dealer whose recently released convict son walked out of the store with two guns kept in unlocked boxes out back, the dealer sued the town's police for malicious prosecution and defamation.

In a ruling today, the Massachusetts Appeals Court suggests he should have left well enough alone and been happy he had the charges dismissed, because a state law does too require gun dealers to store guns with the same care as owners and gun clubs.

Gun dealers need to store guns in secure containers, court rules

After a judge dismissed criminal charges against an Ipswich gun dealer whose recently released convict son walked out of the store with two guns kept in unlocked boxes out back, the dealer sued the town's police for malicious prosecution and defamation. In a ruling today, the Massachusetts...

www.universalhub.com

 

[67ray]

Holy shit this is going to piss off a lot of FFLs in Mass . . .
.

 

[Drix]

Seems like some bad editorialized writing, this has always been the law.

For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.

The gun went out of the control of the store owner(s). The real failure here is that the store owner let his prohibited son into areas where he had access to firearms- clearly a bad idea. As soon as the store owner lost control of the firearm, they broke the law. This as I understand it is why many ffl's require a LTC if you want to see a firearm, you need to be a lawfully authorized user of that arm to not break the law.

 

[Another_David]

I would take Universal Hub's analysis with a grain of salt. Adam is very anti-2A and often writes headlines to excite liberals.

The case outcome is not all that surprising though. The guns were taken from a backroom where they were just sitting on a shelf: not secured; not under anyone's control let alone observation; and they let a convict roam around that room.

 

[CrackPot]

I see no exemption for being an FFL under MGL 140 131L

 

[Waher]

The guy that runs Uhub is a foaming at the mouth anti-gun loon. SCotUS already stated safe storage laws are bullshit. It's just that all the lower courts ignore it with impunity.

 

[BostonVI]

The guy that runs Uhub is a foaming at the mouth anti-gun loon. SCotUS already stated safe storage laws are bullshit. It's just that all the lower courts ignore it with impunity.

The comments are usually 10x worse than the articles. Just didn't see this covered anywhere else.

 

[180 GRAIN FMJ]

What about your typical gun store? Do the guns need to have trigger locks in the display case? What about the long guns hanging on the walls?

 

[LuvDog]

Wow... that's going to impact a lot of LGS's. I doubt their store rooms can be considered "secured" then. I know some that have metal cages with padlocks for storage, but most are just a room with a locked door.

 

[slap shot]

Has to suck being an FFL having a thieving felon for a son.

 

[KBCraig]

The ruling made Volokh today.

Mass. Firearms Storage Law Applies to Gun Stores, Not Just Ordinary Gun Owners

From Goudreau v. Nikas, decided Monday: In March 2014, Ipswich police officers investigated the theft of two guns from Patriot Arms,...

reason.com