Guy arrested for Large-Capacity Feeding Device - has LTC: Chemicals removed from South Hadley apartment complex

[CATI]

So you have a modern magazine on a table
Plain view
Cops come in for something unrelated they glance over and see the magazine.
From the outside that magazine could hold say 30 rounds but could be legally permanently blocked to hold 10 rounds
Without X-ray vision what gives them the right to turn plain view into counting rounds without a warrant

 

[drgrant]

So you have a modern magazine on a table
Plain view
Cops come in for something unrelated they glance over and see the magazine.
From the outside that magazine could hold say 30 rounds but could be legally permanently blocked to hold 10 rounds
Without X-ray vision what gives them the right to turn plain view into counting rounds without a warrant

Well there's also the possibility that the guy is a moron and consented to a search, and they just looked wherever they wanted.

 

[Goodandtight]

You know how it goes. Confiscate, develop evidence, and charge. After all if they messed up they will pay no real price.

 

[Mountain]

That's bombmaking stuff, not drugs. But not illegal unless you start mixing them.

Also same chemicals for stripping gold from old electronics.

 

[whatluck]

Also same chemicals for stripping gold from old electronics.

Could be. I thought that you'd want nitric acid and hydroxide. I guess concentrated h2so4 would melt gold, but to reparticipate using AN is new to me.

 

[G4Y4HK]

When I bought my HK P30 I guess they were having a shortage of ten rounders so it came from the factory with a 10 rounder and a 15 rounder permanently modded to hold 10 according to the seller. If you're ever carrying it and potential cop wanted to inspect your mag, he would see 15 witness holes in the back but you couldn't squeeze more than 10 in. Bought it from a dude and we used Pullman Arms to transfer. The short guy at Pullman saw the mag and was PISSED. Told one of his staffers to CHECK IT. LOAD IT UP. Satisfied when they couldn't stuff more than 10 no matter how hard they pushed lol.

Maybe the guy had a pinned 10/30? Mag blockers and super glue, man.

 

[drgrant]

is really nasty stuff. Can be used to make PETN and semtex.

And kill fungus on ones feet.....

 

[nstassel]

 

[drgrant]

c269 10(m) = lcafd w/o license, not AWB. so either they don’t know what theyre doing or they charged him before knowing he had an ltc. (assuming that wasn’t a whole falsehood)

 

[nstassel]

c269 10(m) = lcafd w/o license, not AWB. so either they don’t know what theyre doing or they charged him before knowing he had an ltc. (assuming that wasn’t a whole falsehood)

I see this occasionally. Alot of cops really think that "civilians" can't possess large capacity magazines even though it literally says the opposite on the LTC and right in the statute Ch. 269 s 10(m). I even have a client who was held in jail as a danger for this even though he had an LTC (until I was brought into the case and he was released immediately).

 

[CATI]

View attachment 744187View attachment 744188

I wonder what the magazine was for
The guy had no safe and a 1911 on the floor with a 14 round magazine and 9mm ammo
Unless it was not a 1911. Would be weird to own a 14 round single stack mag without owning a bunch of other firearms
Also 6ft tall at 140lbs. Get the man some food
Note they used the fire department lock box that apartments have

 

[whatluck]

And kill fungus on ones feet.....

View: https://www.youtube.com/watch?v=LhEYaovWxl4&pp=ygUNcGVyb3hpZGUgZmlyZQ%3D%3D

 

[whatluck]

View attachment 744187View attachment 744188

Employer: Home Deport

seems right

 

[Broc]

So, people show up.
Break in.
Call the cops.
Cops break in.
Then the cops get a warrant.

Did I read that wrong?

 

[Matt_SERE]

So, people show up.
Break in.
Call the cops.
Cops break in.
Then the cops get a warrant.

Did I read that wrong?

Shame on you,
Repeat after me. Welfare check. Exigent Circumstances. Nothing to see here. Move along.

 

[TayNinh_66]

Neil;
Thanks for posting the statement of facts. Fire dept entered legally due to medical issue (exigent circumstances) and discovered empty propane tank and 'other items.' Apparently not an emergency as Lt returned to station and spoke with Captain so medical issue must have been resolved. Fire Captain and Police Sgt returned to apartment and reentered. Isn't a search warrant required for the second entry??? Sgt noticed a firearm in plain view and applied for search warrant but was he legally in the premises during the second entry?

There is nothing in the Statement of Facts indicating hazardous materials were present and the building wasn't evacuated and BOH and DEP were not called so how would Police Dept get a Warrant for the second entry even if they decided to abide by the laws?

 

[Broc]

Neil;
Thanks for posting the statement of facts. Fire dept entered legally due to medical issue (exigent circumstances) and discovered empty propane tank and 'other items.' Apparently not an emergency as Lt returned to station and spoke with Captain. Fire Captain and Police Sgt returned to apartment and reentered. Isn't a search warrant required for the second entry??? Sgt noticed a firearm in plain view and applied for search warrant but was he legally in the premises during the second entry?

Was no one at home when the FD entered?

I don't remember reading who called the FD to the house and there is no mention of the owner being there.

 

[Fixxah]

SOUTH HADLEY — A substantial emergency response to the Riverboat Village Apartments on Sunday afternoon resulted in the removal of “numerous noxious chemicals” and the arrest of a resident on weapons charges, police said.

South Hadley Police were called to assist Fire District 1 with the investigation of unknown chemical substances inside an apartment, Chief Jennifer Gundersen reported.

Numerous agencies were called in to assist, and officials seized a number of chemicals that were destroyed at an offsite location, police said. The report did not specify the nature of the chemicals.

Police also arrested Paul C. Traficante, 33, on charges of possession of a large-capacity feeding device and improper storage of a firearm.

Continues...

Chemicals removed from South Hadley apartment complex

SOUTH HADLEY — A substantial emergency response to the Riverboat Village Apartments on Sunday afternoon resulted in the removal of “numerous noxious chemicals” and the arrest of a resident on weapons charges, police said. South Hadley Police were...

www.gazettenet.com

Just improper storage?

That means has has a LTC.

So, he has a LTC AND has charges for a large-capacity feeding device.

Post ban maybe?

 

[Fixxah]

Neil;
Thanks for posting the statement of facts. Fire dept entered legally due to medical issue (exigent circumstances) and discovered empty propane tank and 'other items.' Apparently not an emergency as Lt returned to station and spoke with Captain. Fire Captain and Police Sgt returned to apartment and reentered. Isn't a search warrant required for the second entry??? Sgt noticed a firearm in plain view and applied for search warrant but was he legally in the premises during the second entry?

A friend had called 911 one time and a popo showed up first and ran upstairs. He could hear the officer going into each room before a family member arrived to secure the home. Not before he told the cop to gtfo of his home, he was not invited.

 

[nstassel]

Neil;
Thanks for posting the statement of facts. Fire dept entered legally due to medical issue (exigent circumstances) and discovered empty propane tank and 'other items.' Apparently not an emergency as Lt returned to station and spoke with Captain so medical issue must have been resolved. Fire Captain and Police Sgt returned to apartment and reentered. Isn't a search warrant required for the second entry??? Sgt noticed a firearm in plain view and applied for search warrant but was he legally in the premises during the second entry?

There is nothing in the Statement of Facts indicating hazardous materials were present and the building wasn't evacuated and BOH and DEP were not called so how would Police Dept get a Warrant for the second entry even if they decided to abide by the laws?

I'm sure that a motion to suppress is likely to address that issue. It does seem that the emergency had dissipated by the second entry.

 

[1911rnr]

I see this occasionally. Alot of cops really think that "civilians" can't possess large capacity magazines even though it literally says the opposite on the LTC and right in the statute Ch. 269 s 10(m). I even have a client who was held in jail as a danger for this even though he had an LTC (until I was brought into the case and he was released immediately).

What a total nightmare. What happened to your client? Did he get his stuff back?

Prime example of why I want out of this state, you can follow all of the BS/unconstitutional laws and still get screwed.

 

[G4Y4HK]

I see this occasionally. Alot of cops really think that "civilians" can't possess large capacity magazines even though it literally says the opposite on the LTC and right in the statute Ch. 269 s 10(m). I even have a client who was held in jail as a danger for this even though he had an LTC (until I was brought into the case and he was released immediately).

And @kalash once told me if you are too afraid to carry *standard* caps cause cops might bust you, you're a cuck lol.

 

[drgrant]

And @kalash once told me if you are too afraid to carry *standard* caps cause cops might bust you, you're a cuck lol.

He's still not wrong. The phenomenon @nstassel is talking about can happen to any LTC holder in mass. Bogus charges aren't confined structly to stuff like magazines.

 

[G4Y4HK]

He's still not wrong. The phenomenon @nstassel is talking about can happen to any LTC holder in mass. Bogus charges aren't confined structly to stuff like magazines.

Isn't the law in MA if a gun isn't in your "direct control" even in your home aka on you in a holster, it has to be locked up? At least it's not Ethan's Law in CT where you gotta lock it up unloaded and mags and ammo locked in another separate safe. Really does help the bad guys get the drop on you.

 

[drgrant]

Isn't the law in MA if a gun isn't in your "direct control" even in your home aka on you in a holster, it has to be locked up? At least it's not Ethan's Law in CT where you gotta lock it up unloaded and mags and ammo locked in another separate safe. Really does help the bad guys get the drop on you.

Mostly, but direct control has nuances that are not well fleshed out in case law. Aldi, reasonable person intervenes. like for example, say somebody has a medical emergency while handling a firearm like should they really be criminally responsible if they passed out?

 

[kalash]

I see this occasionally. Alot of cops really think that "civilians" can't possess large capacity magazines even though it literally says the opposite on the LTC and right in the statute Ch. 269 s 10(m). I even have a client who was held in jail as a danger for this even though he had an LTC (until I was brought into the case and he was released immediately).

Idk if you can discuss the details of the case, but what was the magazine in question?

And @kalash once told me if you are too afraid to carry *standard* caps cause cops might bust you, you're a cuck lol.

That's not what I said. I said that you should do what's legal, including carrying a pre-ban mag holding more than ten rounds. Doesn't mean a cop wont bust you for it but you wouldn't be breaking any laws.

 

[drgrant]

@G4Y4HK in reality even if they won’t admit it, most people violate MA safe storage at the fringes because it’s a 110% untenable proposition WRT actually protecting yourself with a gun. Example.... who is going to lock shit up while sleeping? Reality dictates splitting the difference in a way someone won't get caught doing it.

"There are ways, dude"

 

[Rat187]

is really nasty stuff. Can be used to make PETN and semtex.

I believe H2O2 reactivity depends on the concentration of hydrogen peroxide

 

[Rob Boudrie]

I'm sure that a motion to suppress is likely to address that issue. It does seem that the emergency had dissipated by the second entry.

My guess is quietly CWOFed with non-restoration of LTC.

 

[Rob Boudrie]

Mostly, but direct control has nuances that are not well fleshed out in case law. Aldi, reasonable person intervenes. like for example, say somebody has a medical emergency while handling a firearm like should they really be criminally responsible if they passed out?

That would depend on if they passed with the gun underneath, or on the top, of them.