If this were one of us....

[Palladin]

we'd be grabbing our ankles!

Officer's actions reviewed after theft of guns
Six suspects are charged in theft
Following the theft of several firearms from a vacant house, the Wilmington Police Department and the Middlesex district attorney's office are trying to determine whether a Wilmington police officer acted improperly by storing a cache of weapons in the building.


Six suspects - including two juveniles - pleaded not guilty Monday to various charges alleging that they broke into the house leased by Officer Steven Larivee at 764 Woburn St. and carried away weapons, including small and large-capacity firearms and a sawed-off shotgun.

Wilmington Deputy Police Chief Robert Richter confirmed that at least some of the weapons belonged to Larivee. Richter said that while the firearms should have been locked in a safe or cabinet, the weapons were attached with trigger locks, which satisfies firearms laws.

"As far as we know, everything was in compliance," said Richter. "It's not like the guns were left unsecured out in a field somewhere. Whether what Officer Larivee did was right, wrong, indifferent, responsible, or irresponsible, unfortunately these youths broke into his house and stole property that didn't belong to them."

Richter said Larivee has served approximately 25 years on the force, but declined to comment on the officer's record. He said Larivee has agreed to take paid vacation time during the period of the investigation. Larivee is not required to remain in Wilmington during the probe.

As of Wednesday, a full inventory of the firearms was still not complete, said Richter.

"We don't know how many were in there," he said. "I believe we have all the weapons that we believe were possessed by the individuals [arrested]. There's going to be more charges of other people. Some charges may be arrestable, or they may be summonsed."

Initial reports of the missing weapons - stemming from a separate investigation that Richter would not divulge or characterize - prompted a lockdown on Oct. 24 at Shawsheen Valley Technical High School in Billerica, where some of the suspects were enrolled.

Students were held in classrooms throughout the morning, and then released following screening with metal detectors in the afternoon.

Wilmington Town Manager Michael A. Caira said last week the situation involving the school and the firearms probe was "well in hand." He would not comment on the ongoing investigation into the theft.

"We believe there to be no public safety issue with regard to Shawsheen Technical School," Caira said.

Four of the suspects - Stephen Haverty, 17; Joshua Griffin, 19; and Cameron Sanville, 18; all of Wilmington; and Mark Kloetzer, 21, of Tewksbury - pleaded not guilty to charges of breaking and entering, larceny of firearms, and illegally possessing firearms and ammunition.

The other two suspects, both juveniles, were arraigned in Lowell District Court. Details on those charges were not available because of the suspects' ages.

Woburn District Court Judge Phyllis J. Broker ordered Haverty, Sanville, and Kloetzer to 24-hour home confinement and to be fitted with electronic monitoring devices. Sanville, who was also ordered to pay $1,000 cash bail, may report to work; Haverty and Kloetzer may only leave their homes to meet with legal counsel.

Griffin was released from police custody on personal recognizance.

http://www.boston.com/news/local/ar...wed_after_theft_of_guns_1226205525/?page=full

 

[appraiser]

house was a real POS too, leased, but falling down and over grown... an attractive nuisance no surprise the kids went into it.

 

[Rob]

Yeah I read that a few days ago. So long as he least had a $3 cable lock on each gun, he should be fine

And what is the deal with this sawed off shotgun? Don't they mean a breecher shotgun? I doubt a cop would take a hacksaw to a barrel.

 

[clinotus]

Poorly secured cache.

 

[jdubois]

And what is the deal with this sawed off shotgun? Don't they mean a breecher shotgun? I doubt a cop would take a hacksaw to a barrel.

"Sawed-off Shotgun" is the MGL legal term for any modified shotgun that has at least one barrel less than 18 inches. So, assuming they're reporting it correctly, they are using the (unfortunately) correct term.

 

[atmay]

The "sawed-off shotgun" thing is probably just someone using slang to describe an SBS. Either whoever the reporter talked to, or the reporter himself probably just used the terms interchangeably without giving it much thought.

 

[vellnueve]

The locks satisfy the legal requirement, so I don't think any of us would land in jail should the same thing happen.

 

[WILDCATT]

low lifes

the theives were criminals because they stole.regardless how the house was secured It was not theirs to enter.down here enter a house and you have a good chance of going to the morge or hospital.Private property is private property,you dont enter it.

 

[Half Cocked]

So long as he least had a $3 cable lock on each gun, he should be fine

Ummmm.....YES!

 

[GLOCK.Perfection]

"Sawed-off Shotgun" is the MGL legal term for any modified shotgun that has at least one barrel less than 18 inches. So, assuming they're reporting it correctly, they are using the (unfortunately) correct term.

...which there is no legal way to possess a sawed off shotty if i recall correctly, so if that is in fact true he could get in a good amount of trouble for that

 

[Zappa]

...which there is no legal way to possess a sawed off shotty if i recall correctly, so if that is in fact true he could get in a good amount of trouble for that

Not exactly correct. IIRC, if it was manufactured as a short barreled shotgun (not an 18"+ and then cut off) and registered with the BATFE, taxes paid, and accompanied with proper paperwork, then Yes, it is legal to be possesed by the person named on said paperwork. Assuming it is also legal in your particular state too. Same for machineguns, short barreled rifles, pen guns, cane guns and silencers.

 

[stinx]

Zappa is correct

 

[GLOCK.Perfection]

True, But then again if that were the case, it wouldn't be a sawed off shotgun by the state definition.

 

[jdubois]

Not exactly correct.

Hollowud7 is correct. What you are saying is correct for the federal NFA, but we're talking about MA laws here. "Short Barreled Shotgun" is not a legal definition in MA state law. In MA it is illegal to possess a "Sawed-off Shotgun". However, a shotgun with a barrel less than 18" that was originally manufactured that way and has not been modified from it's stock configuration is not considered a sawed-off shotgun.

 

[GLOCK.Perfection]

True, But then again if that were the case, it wouldn't be a sawed off shotgun by the state definition.

Hollowud7 is correct. What you are saying is correct for the federal NFA, but we're talking about MA laws here. "Short Barreled Shotgun" is not a legal definition in MA state law. In MA it is illegal to possess a "Sawed-off Shotgun". However, a shotgun with a barrel less than 18" that was originally manufactured that way and has not been modified from it's stock configuration is not considered a sawed-off shotgun.

beat u too it haha

 

[Scrivener]

The locks satisfy the legal requirement, so I don't think any of us would land in jail should the same thing happen.

Which is not to say that one of us would not have had our license revoked and, quite possibly, had negligent storage charges brought against us.

Been there, seen that.

 

[jdubois]

beat u too it haha

No you didn't, you edited your post from it's original "forgot about that" text, you little stinker

 

[Riverside]

Which is not to say that one of us would not have had our license revoked and, quite possibly, had negligent storage charges brought against us.

Been there, seen that.

So true!
The police (in any town MA)would be willing to make an example out of any private citizen who kept guns stored with a simple lock attached without benefit of a safe or other secured storage facility even if homes were locked, alarmed and double locked with deadbolts.
Best Regards.

 

[GLOCK.Perfection]

No you didn't, you edited your post from it's original "forgot about that" text, you little stinker

got me there

 

[Half Cocked]

So true!
The police (in any town MA)would be willing to make an example out of any private citizen who kept guns stored with a simple lock attached without benefit of a safe or other secured storage facility even if homes were locked, alarmed and double locked with deadbolts.
Best Regards.

Please do not state "any town" as that is patently false speculation on your behalf. I can speak from personal experience that I have seen many gunowners not charged with storage offenses even after they had their completely unsecured firearms stolen.

 

[vellnueve]

Which is not to say that one of us would not have had our license revoked and, quite possibly, had negligent storage charges brought against us.

Been there, seen that.

Fair enough, but it seems that any half-competent attorney could get you off on the storage charges. Which means no bending over and holding your ankles.

 

[Scrivener]

Fair enough, but it seems that any half-competent attorney could get you off on the storage charges. Which means no bending over and holding your ankles.

What it DOES mean is aggravation and expense, especially in regaining one's LTC.

 

[stinx]

I agree with Half cocked. In my town I personally know of cases in which unsecured Hi-cap guns were stolen and the POlice did not charge the gun owner. I know of another case in which a gun owner had an AD in his condo and the round went into the next unit. THe gun owner Lost his LTC but was not criminally charged.He could have been raked over the coals.

 

[jcr]

have seen many gunowners not charged with storage offenses even after they had their completely unsecured firearms stolen.

Don't make it sound as if it was out of any beneficence on the part of the police departments or district attorney.

With the guns stolen, it's hard to prove that they didn't have trigger locks. I assume that the only reason "complete unsecured" is mentioned is because the theft victim might have made a statment when he should have kept his mouth shut.

 

[Half Cocked]

Don't make it sound as if it was out of any beneficence on the part of the police departments or district attorney.

I can make it sound any way I want as I am the one who makes most of the decisions!!!

Please do not pretend to tell me that it had nothing to do with the "beneficence" of the police or the DA's office. Do not comment on that which you do not know.

My Department and my DA's office have been very consistent on this and it has everything to do with our attitudes towards the law-abiding citizens and knowing who the real bad guys are. We generally do not like to turn victims into suspects and lose sight of the real crimes.

 

[appraiser]

They are dropping some charges against the youths that aquired the weapons to keep them at the District Court level.

The Grand Jury was already hearing testimony, so did the DA drop the possession of the sawed off shotgun charges because they thought the Grand Jury wouldn't indict, or they were going to have the cop testify where he would claim the Fifth, or does one of these kids parents have the DA and Judge on the payroll?
http://www.lowellsun.com/local/ci_12009757

 

[Palladin]

I thought a sawed-off got life?

if anyone had an LTC this would have been front page of the Globe!

 

[GSG]

I thought a sawed-off got life?

You piqued my interest, so I checked, and you're right, MGL 269-10c.

http://www.mass.gov/legis/laws/mgl/269-10.htm

(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, as defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a)

 

[Palladin]

I believe the district court level only handles misdemeanor crimes, while the Superior court handles felonies.

so these pricks are going to get their hands slapped.

 

[appraiser]

So they are trying to protect the cop who cut them down I bet.

No charges means the defense won't have to put the now retired cop on the stand as reasonable doubt