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"illegal discharge of a firearm" in Billerica

milktree

milktree

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tl;dr:

Dude has a bunch of guns, he's licensed (for now)

he has a party, one of his "friends" takes his shotgun outside and fires it.

Nobody is hurt, but neighbor complained, SWAT called.

gun owner is charged with four counts of improper storage, and misleading a police investigation

Gun owner's "friend" is charged with Unlawful Possession of a Firearm Outside of Home, and Discharge of a Firearm within 500 feet of a Dwelling


Charges Filed Following Illegal Discharge of a Firearm

Billerica – On Wednesday, August 12, 2020 at approximately 8:22 A.M., Billerica PD received a 911 emergency call reporting possible shots fired at 8 Harvard Road, Billerica. The caller reported seeing two individuals at the rear of the home, one
police.billericaps.com police.billericaps.com
 
Sounds like a little shitshow...

Billerica – On Wednesday, August 12, 2020 at approximately 8:22 A.M., Billerica PD received a 911 emergency call reporting possible shots fired at 8 Harvard Road, Billerica. The caller reported seeing two individuals at the rear of the home, one of which was carrying what appeared to be a rifle. The caller, who does not reside at the reported address, further stated they heard what sounded like a gun being fired. On arrival, police were able to establish phone contact with one of the residents of the home who subsequently came out of the house at police request due to safety concerns. The resident, later identified as Travis Yailaian, 25, of 8 Harvard Road, confirmed that there were two additional adult males in the house. Both of these males were invited guests of Mr. Yailaian who had hosted a gathering of friends the night prior. Mr. Yailaian, who is a legally licensed gun owner, reported that he had been sleeping in the house and was suddenly awoken to a loud noise consistent with a gun shot. After exhaustive attempts were made to establish communication with the other occupants of the home, the NEMLEC SWAT team was called to assist Billerica Police with safely securing the home for a search warrant for firearms related to the reported gunfire. At approximately 1:15 P.M. the two adult males from inside #8 Harvard Road voluntarily exited. Police subsequently confirmed that nobody was injured and the home was deemed safe. The subsequent investigation determined that one of the invited guests, Dilan Kenney, 25, of Billerica, had walked out into the yard behind the residence and fired a single round from a shotgun that belonged to the homeowner.


Following a completed investigation into the incident, Billerica Police have filed charges:
 
After exhaustive attempts were made to establish communication with the other occupants of the home, the NEMLEC SWAT team was called to assist Billerica Police with safely securing the home for a search warrant for firearms related to the reported gunfire. At approximately 1:15 P.M. the two adult males from inside #8 Harvard Road voluntarily exited.

Hey Sarge; they're not answering their phones, could you kick the door in?
 
allen-1 said:
After exhaustive attempts were made to establish communication with the other occupants of the home, the NEMLEC SWAT team was called to assist Billerica Police with safely securing the home for a search warrant for firearms related to the reported gunfire. At approximately 1:15 P.M. the two adult males from inside #8 Harvard Road voluntarily exited.

Hey Sarge; they're not answering their phones, could you kick the door in?
Click to expand...
Don’t forget to shoot their dog
 
His Gun License is gone in 3.....2......


Travis Yailaian, 25, of Billerica has been charged with: 1. Four (4) counts of Improper Firearm Storage in violation of MGL c. 140 § 131L; 2. Misleading a Police Investigation in violation of MGL c. 268 §13B
 
Ya as kids I basically remember doing that, in NH of course, sitting around drinking get bored and want to hear how loud this 380 is, couple shots into the grass - eh ok, guy goes back to his beer. Probably not even close to the dumbest thing we did in that 24 hour period.

Granted yes breaking a few laws there the police could've easily gave a stern warning and left. Probably didn't have probable cause to do much and could've just said they arrived at the residence, nobody was injured, charge for discharging a weapon was minor and hard to prove, gone about their day.
 
enbloc said:
Sounds like a little shitshow...

Billerica – On Wednesday, August 12, 2020 at approximately 8:22 A.M., Billerica PD received a 911 emergency call reporting possible shots fired at 8 Harvard Road, Billerica. The caller reported seeing two individuals at the rear of the home, one of which was carrying what appeared to be a rifle. The caller, who does not reside at the reported address, further stated they heard what sounded like a gun being fired. On arrival, police were able to establish phone contact with one of the residents of the home who subsequently came out of the house at police request due to safety concerns. The resident, later identified as Travis Yailaian, 25, of 8 Harvard Road, confirmed that there were two additional adult males in the house. Both of these males were invited guests of Mr. Yailaian who had hosted a gathering of friends the night prior. Mr. Yailaian, who is a legally licensed gun owner, reported that he had been sleeping in the house and was suddenly awoken to a loud noise consistent with a gun shot. After exhaustive attempts were made to establish communication with the other occupants of the home, the NEMLEC SWAT team was called to assist Billerica Police with safely securing the home for a search warrant for firearms related to the reported gunfire. At approximately 1:15 P.M. the two adult males from inside #8 Harvard Road voluntarily exited. Police subsequently confirmed that nobody was injured and the home was deemed safe. The subsequent investigation determined that one of the invited guests, Dilan Kenney, 25, of Billerica, had walked out into the yard behind the residence and fired a single round from a shotgun that belonged to the homeowner.


Following a completed investigation into the incident, Billerica Police have filed charges:
Click to expand...
Dude should make better choices, and find some better friends.
But at 25+- years old, I guess some just have to learn the hard way!
 
milktree said:
Gun owner's "friend" is charged with Unlawful Possession of a Firearm Outside of Home, ...
Click to expand...
But from within the curtilage. The actual statute reads:

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:​
​
(1) being present in or on his residence or place of business; ... yadda³​

Since it says "in or on", which I interpret as the back yard is OK.
It's not the residence of the party guest - it's the residence of the gun owner.
But Bricka PD misquotes the law as "Outside of Home",
so they must not be hung up on the distinction.

Also, non-slug shotguns don't deserve a 500' safety zone
(although there was probably a house within 40 yards anyhow).

But they'll get lawyers who don't see the potential for a distinction,
and the judge won't let the actual text of the law influence the verdict.

Not that it will go to trial.

enbloc said:
Harvard Rd in Billerica, while not too far from Rt 129, is boonie enough that the Google-Maps car didn't drive down it... [rofl2]
Click to expand...
Billerica? Isn't that one of those "gated communities" we hear so much about?

robjax said:
Travis Yailaian, 25, of Billerica has been charged with: 1. Four (4) counts of Improper Firearm Storage in violation of MGL c. 140 § 131L; ...
Click to expand...
They had nearly five hours to devise some kind of field-expedient storage -
say, break down all the guns and string a ski lock through the receivers -
and they still had gunz sitting around unsecured when they surrendered.
 
AHM said:
They had nearly five hours to devise some kind of field-expedient storage -
say, break down all the guns and string a ski lock through the receivers -
and they still had gunz sitting around unsecured when they surrendered.
Click to expand...

The owner of the guns was outside the house with the cops, the “friends” were inside. They probably didn’t know anything about safe storage laws.
 

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