The house was unsecured and the PD checked the house for intruders as per policy. The guns were out in plain view in the master bedroom.
Really?
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The house was unsecured and the PD checked the house for intruders as per policy. The guns were out in plain view in the master bedroom.
I'm willing to bet that he didn't have gun locks on any of them either, although we aren't told if that is the case or not.
Before the AWB, was mag size even an issue?
What exactly are “high caliber weapons.” ????
The house was unsecured and the PD checked the house for intruders as per policy. The guns were out in plain view in the master bedroom.
UPDATE: The courts threw out the charges against Mr. Manso.
http://www.capecodtoday.com/blogs/i...-cape-cod-murder-case-adds-another-c?blog=161
This surprised me. Fair warning to others on NES though, he was charged with violating the Mass. AWB in this case.
So is there like a list of the charges he was hit with? EG, gun vs mag, etc...?
-Mike
(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.
The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.
Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
Possession of the assault weapon carries a possible 10-year prison sentence and up to a $10,000 fine.
Also, inquiring minds want to know WHY the charges were dropped. Tainted search warrant? Election year politics? His lawyer was tougher and the DA couldn't take the heat? What happened here?So is there like a list of the charges he was hit with? EG, gun vs mag, etc...?
-Mike
Also, inquiring minds want to know WHY the charges were dropped. Tainted search warrant? Election year politics? His lawyer was tougher and the DA couldn't take the heat? What happened here?
Unfortunately, he may have to come to grips with...."Ignorance of the law is no excuse."
His best bet is probably to argue the extraordinary nature of the penalty.
I can't see him skating on the AW 'violation'.
Without knowing exactly what the offending item(s) are, we have no way to tell if this was the case with Manso or not, although I would strongly suspect that is the case.
The police department investigation of the missing gun, which remains open, has been hampered by what a department memo calls "the lack of a serial number."
A question also has arisen about whether O'Keefe, who told police he owned the gun, legally owned the weapon.
In an Aug. 26 interview with Sandwich Police Chief Michael Miller, investigative writer Peter Robbins asked whether O'Keefe possessed a valid gun permit at the time of the theft.
"I don't know," the chief responded, "but I know he has one now."