Here we go again, Framingham Man Arrested for firearms.

Mike S

Mike S

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http://www.metrowestdailynews.com/news/x231968131/Framingham-man-held-on-10-000-bail-on-gun-charges

"Framingham Police arrested Testa early Sunday morning after a neighbor said a red laser was coming in his window from Testa's home.

When police went into the home, they said they found several guns. Testa did not have a permit and he was arrested, authorities said."

A laser pointer is grounds for search and seizure?

Why do I have a feeling there is more to this story than is being told here....
 
Because the Lame Stream Media rarely gets a story right. Why do I have the feeling that this is not the first time that Mr. Testa and the police have met?
 
More info...

http://www.metrowestdailynews.com/news/x1685423773/Police-say-Framingham-man-66-had-assault-rifle

Police say Framingham man, 66, had assault rifle
By Kendall Hatch/Daily News staff
MetroWest Daily News
Posted Feb 01, 2010 @ 12:00 AM
Last update Feb 01, 2010 @ 01:40 PM
FRAMINGHAM —

A Framingham man spent his birthday in jail Saturday night after police found three guns, including a high-powered assault rifle, illegally stored in his home.

Everett Testa, who turned 66 on Saturday, was arrested at his home at 1 Henderson Circle shortly after midnight yesterday, said Framingham Police spokesman Lt. Paul Shastany.

Shastany said police received a call after midnight from one of Testa's neighbors reporting that a red laser beam was shining into their home.

When officers John Vizakis and William Vargas responded to investigate, Testa, who said he didn't know where the light was coming from, let them into his home, said Shastany.

After walking into the living room, Vizakis noticed a black Browning 9-mm handgun laying on the floor, which he picked up and secured, said Shastany.

After walking into a back room in the home, the officers noticed a Black and Decker laser level on the chair of a sofa, which was pointing into the house next door, Shastany said.

"It appeared it was a mistake and not meant as a means to harass the neighbors," said Shastany.

After turning off the laser level, Vizakis walked back into the living room, where he noticed a Colt AR-15 assault rifle with a high-capacity magazine propped up against a wall.

Testa did not have a license to carry a weapon or a current Firearm Identification Card, said Shastany.

As the officers were arresting Testa and taking him out of the house, they noticed a black powder pistol on the mantle that Testa had built from a kit.

Testa was charged with disturbing the peace while armed, two counts of possession of a high-capacity firearm, unlawful possession of a high-capacity magazine, unlawful possession of a firearm, three counts of improper storage of a firearm and unlawful possession of ammunition, said Shastany.

None of the guns in the home were loaded at the time of Testa's arrest, said Shastany.

Testa told the officers the guns were improperly stored because he was in the process of cleaning them, but the officers did not see any gun-cleaning equipment in the home, Shastany said.
Click to expand...
 
Testa was charged with disturbing the peace while armed, two counts of possession of a high-capacity firearm, unlawful possession of a high-capacity magazine, unlawful possession of a firearm, three counts of improper storage of a firearm and unlawful possession of ammunition, said Shastany.
Click to expand...

He'll never again see the light of day as a free man. He should have killed a motel night clerk during an armed robbery. Then he'd have more to plea bargain down.
 
Kevlar said:
More info...

http://www.metrowestdailynews.com/news/x1685423773/Police-say-Framingham-man-66-had-assault-rifle
Click to expand...

If that story is even just 1/2 accurate, he's a dumbass...I don't in anyway support the licensing regs of MA, but that doesn't change the fact that they are the law. These have been the laws for the past 12 years(ie needing license for firearms simply possessed at home)...If you invite the police into your house and there are numerous violations of the law in plain view, you can expect to be arrested...
 
Maybe the guy really wanted to go to prison?You really can't rule that out.If he was getting hammered with alimony,not enough money to pay the bills,and had no health insurance and was sick,he probably better off going to prison.Ya never know?Or maybe he's just plain old nuts and we as citizens just caught a break before he goes postal.
 
securityboy said:
If that story is even just 1/2 accurate, he's a dumbass...I don't in anyway support the licensing regs of MA, but that doesn't change the fact that they are the law. These have been the laws for the past 12 years(ie needing license for firearms simply possessed at home)...If you invite the police into your house and there are numerous violations of the law in plain view, you can expect to be arrested...
Click to expand...
Only in MA would someone think that everyone should know that having guns that aren't locked is a crime. You've drunk the cool aid.
 
Well... there goes one Browning (I assume a HiPower), headed for the smelter (or 'misplaced'/'lost' from the evidence room).
 
A laser pointer is grounds for search and seizure?
Click to expand...
There is a specific law making it a crime to point a laser pointer at someone (because it's considered a hoax gun). The device in question was a "laser level" - same principle, but not a "laser pointer", and very possibly not enough to trigger this specific law.
 
M1911 said:
Only in MA would someone think that everyone should know that having guns that aren't locked is a crime.
Click to expand...

Yeah, it's only been 11 and a half years.

Not to mention a warning to that effect usually being included in the license packet.

AND in The Outdoor Message about every month.

AND on the GOAL website.
 
M1911 said:
Only in MA would someone think that everyone should know that having guns that aren't locked is a crime. You've drunk the cool aid.
Click to expand...
Did you read what you quoted from me??? I didn't mention anything about safe storage...he has no license for the guns, needing a license for guns in MA is hardly a new thing, and as I mentioned in my post needing a license to simply possess a gun in your residence is far from a new law, its 12 years old at this point. I don't agree with it, but its the law. But further since you bring up safe storage, the article implys the fella knew about safe storage regs, hense his "I was just cleaning them" defense, so if the guy knew about "safe storage" he should have known he needed to have a license...

It has nothing to do with drinking the ma**h*** cool aid, it has to do with "knowing" a 12 year old law or at least understanding that ignorance of the law is not a satisfactory defense...
 
Unless he's just recently moved, I'm surprised he didn't obtain a license, especially since we're not hearing about a criminal history. I'm wondering if we'll eventually find out "Oops, he had one".
 
I can imagine the reaction of some of the folks here to find a laser dot painting them through a window. If that was a prank or payback to a bad neighbor it was a dumb-ass move.

He probably has one of those lifetime LTCs though... I've run into a couple of people with those. Or... so they think.

Requirements for safe-storage aside, he had a handgun laying on the floor and a rifle standing against a random wall.

Given the beatdown I have witnessed when the occasional "dude" posts a photo of himself without observing proper trigger discipline, I just have to shake my head and wonder...

Why does a 9mm on the floor get a pass while a posed picture get a drubbing?

At any rate, this doesn't pass the smell test. Something is "off" with Mr. Testa.
 
I feel so much safer that another master mind criminal is off the streets. That high powered deadly assault rifle that spits out cop killer bullets could have been used to kill a child, I'm so glad it is in the hands of the police now.[rolleyes]

But the story was kinda funny, almost seems like it was intentional. Police walks in, sees handgun laying on the floor...ok lets ignore that. Walk into another room and "ah there's the laser!", (looks at the wall) oh an AR15 is leaning there....fine lets arrest him. While walking him out, great...another black powder pistol seen laying around.
Looks like the evidence was just laid in front of the cops.
 
Scrivener said:
Yeah, it's only been 11 and a half years.

Not to mention a warning to that effect usually being included in the license packet.

AND in The Outdoor Message about every month.

AND on the GOAL website.
Click to expand...

He's screwed for the being unlicensed part, but would Commonwealth v. Runyan have any application with regards to the "improper storage" issue?
 
Last edited:
The "safe" storage would get him but if he was new to the state..I would assume..since a license is required to possess a firearm..that Mass allows new residents to have guns in there home without a license for as long as it takes their IA to get them a license..from some of the stories I read...you could go months with guns and no license.
 

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