Lawrence man charged after theft of unlocked gun

[greycar]

LAWRENCE — A Greenfield Street man who had his gun stolen yesterday is facing a criminal charge because the weapon was not properly locked up, police said.

A .32-caliber handgun was stolen from a Honda Pilot sport utility vehicle parked outside a social club at 120 Broadway (Route 28).

http://www.eagletribune.com/punews/local_story_098005158.html

 

[Admin]

We are only here to help...

 

[MaverickNH]

"Perez left the weapon in the center console of the Honda Pilot when he went to a meeting with his summer baseball league and predicted "he may have a few alcoholic beverages with his friends," the report said.

Perez unloaded the firearm, put the magazine in a side pocket, and then placed the handgun in the center console. His girlfriend then took the Honda and went to a football banquet at the French Social Club at 120 Broadway.

While they were at the banquet, someone broke into the Honda, stealing the gun, ammunition, a GPS navigational system, $20, two PlayStation controllers, and a DVD screen was damaged, according to police."

Assuming the gun was unloaded (not one in the tube, even if the mag was in his pocket), a locking console "might" have covered the issue, if the gov't was gracious. Also assuming his "firearms permit" was an LTC-A (ALP) and not an FID card.

Considering that had he simply had a small lockbox in the cargo area, that would have been stolen too, he did 90% of what he should have done. Keeping it on him and not drinking would have been the last 10%.

Now about those theiving bastards who broke into his vehicle ... I don't expect any investigative work on the real crime

 

[drgrant]

Oh, the joys of MA's wonderful "safe storage" laws.

I realize the guy broke the law here, and probably talked himself into a hole
in the process, and is likely not the brightest bulb on the block.....

One has to wonder, however, that in nearly any other state the gun would be
treated as just another piece of property stolen from the car.... In free
states they still bother to treat victims as such, even if the victim is an
idiot.

-Mike

 

[WayneWong]

"Perez left the weapon in the center console of the Honda Pilot when he went to a meeting with his summer baseball league and predicted "he may have a few alcoholic beverages with his friends," the report said.

Perez unloaded the firearm, put the magazine in a side pocket, and then placed the handgun in the center console. His girlfriend then took the Honda and went to a football banquet at the French Social Club at 120 Broadway.

While they were at the banquet, someone broke into the Honda, stealing the gun, ammunition, a GPS navigational system, $20, two PlayStation controllers, and a DVD screen was damaged, according to police."

Assuming the gun was unloaded (not one in the tube, even if the mag was in his pocket), a locking console "might" have covered the issue, if the gov't was gracious. Also assuming his "firearms permit" was an LTC-A (ALP) and not an FID card.

Considering that had he simply had a small lockbox in the cargo area, that would have been stolen too, he did 90% of what he should have done. Keeping it on him and not drinking would have been the last 10%.

Now about those theiving bastards who broke into his vehicle ... I don't expect any investigative work on the real crime

I was thinking of getting a thick cable lock and securing a locked pelican box to a seat post. Trigger locked gun too. Then camouflaging the box with something over it. As much as I hate to leave a firearm in the car, if I absolutely had too, I would hope this would cover me in the event of a smash and grab.

I would also suggest installing a kill switch or using something like the Club if you think your vehicle might get stolen. No pro-gun stickers either, and nothing else of value easily visible. No suction cup marks on the windshield!

Worst case scenario is if you are ever accused of improper storage, you at least have a solid defense in court.

 

[jcr]

I don't see it the same way as the police.

There are two scenarios for us to consider because we don't have a crucial piece of info: Does the girlfriend have an LTC.

If she does, it is hard to see the guy charged. He lent her the car and the gun. Any storage violation is on her after that.

If she does not have an LTC, he gets charged with lending a gun to an unlicenced person. She gets charged with illegal possession and any storage violations.

Way to stick it to the victims, though. He needed a lawyer before they reported the break-in.

If he doesn't get a police report, he doesn't recover anything from insurance on the theft. If he reports the break-in/theft, but withholds the info on the gun (by predicting that in the short run that would lead to more trouble than its worth) and the gun is later recovered by he police who trace it to his name on the 4473, he's going to have to tread very carefully (best bet is probably to say nothing -- as is usually the case).

 

[drgrant]

I don't see it the same way as the police.

There are two scenarios for us to consider because we don't have a crucial piece of info: Does the girlfriend have an LTC.

This doesn't matter- the article was written poorly; if you read between the
lines it seems to say they were ultimately -both- in the vehicle with the
firearm, and not that she had broke away from him with it. The "while
they were at the banquet" thing seems to point to this.

Way to stick it to the victims, though. He needed a lawyer before they reported the break-in.

Yes, preferably before it happened- a lawyer could have potentially saved
him a lot of grief....

I can think of a whole bunch of ways he could have made this a lot easier
on himself.... WRT the stupid storage laws in this state, both before the
incident and after. I get the impression this guy didn't know any better
or was ignorant of the law(s), and talked himself right into a very deep
hole.

-Mike

 

[M1911]

drgrant: Yup. If he'd told the police it was in a locked container in the car, rather than in an unlocked console...

Of course, he reported the theft as he was supposed to, and no good deed goes unpunished.

 

[Scrivener]

LAWRENCE — A Greenfield Street man who had his gun stolen yesterday is facing a criminal charge because the weapon was not properly locked up, police said.

A .32-caliber handgun was stolen from a Honda Pilot sport utility vehicle parked outside a social club at 120 Broadway (Route 28).

Yeah, that sounds safe....

Another idiot making us look bad. Thanks SO much.

 

[Carguy]

The way I understand it there is no law restricting him from carrying it into his baseball meeting even if he was going to have a drink (not advisable but legal), then if you read it that he was at the banquet with his girlfriend...carry the gun there too! If you are going to carry a handgun then carry it...unless restricted by law...carry it or leave it home locked up as it should be. I don't necessarily agree with the laws of this state but if you going to live here obey them! Dropping the mag in a pocket on the door and the pistol in his non-locking center consol...just stupid...you got a locking glove compartment?!?

 

[MassMark]

Until I find a better solution, I wind up not carrying on the days I need to take a client to court and/or SSI...I hate those days though, as it feels odd not carrying. I have given thought to lag bolting a hotel safe I have to the floor of my Xterra, but not sure if even that would be enough in this whacky land...

 

[Half Cocked]

Yeah, that sounds safe....

Another idiot making us look bad. Thanks SO much.

Agreed!!

 

[Half Cocked]

The way I understand it there is no law restricting him from carrying it into his baseball meeting even if he was going to have a drink (not advisable but legal), then if you read it that he was at the banquet with his girlfriend...carry the gun there too! If you are going to carry a handgun then carry it...unless restricted by law...carry it or leave it home locked up as it should be. I don't necessarily agree with the laws of this state but if you going to live here obey them! Dropping the mag in a pocket on the door and the pistol in his non-locking center consol...just stupid...you got a locking glove compartment?!?

It is illegal to carry a firearm while under the influence of alcohol and/or drugs. Although there is no brite line definition of "under the influence" as it pertains to this charge I would strongly recommend against it. Being good case law is one thing but becoming bad case law is another.

 

[Palladin]

Yeah, that sounds safe....

Another idiot making us look bad. Thanks SO much.

I agree. And this guy has an LTC-A from Lawrence?
I would have kept it on me & not drank.

 

[Half Cocked]

I agree. And this guy has an LTC-A from Lawrence?
I would have kept it on me & not drank.

I hope that it was a hell of a drink!!! I would have just opted to get the wife drunk instead!

 

[News Shooter]

We sell a pistol lock box for about $30 that you attach to the seat frame. I'm sure most of the shops carry them. It's not that hard to be in compliance

 

[WILDCATT]

bad gun laws

1,750,000 gun owners that let the bad laws be passed.how many people vote in any given election in Mass.
If the SCOTUS rules in favor of gun ownes how much will it cost the tax payer for the compensation to all who were unconstitutionaly convicted.be an interesting read.
SC just voted to lower the age to own a pistol to 18yrs.

 

[DickWanner]

We sell a pistol lock box for about $30 that you attach to the seat frame. I'm sure most of the shops carry them. It's not that hard to be in compliance

http://www.center-of-mass.com/


I use the smaller one and I can fit my G22 in there or my G29 and G20 mag. If you can't fit the mag and the unloaded pistol in there at the same time just stick the mag in a glove box. Improper ammunitions storage is alot better than an improper firearms storage.

On the topic of improper ammunitions storage (fire ordanance correct?), since defensive spray is considered ammunition in MA could you potentially get charged for not locking up your pepper spray?

 

[Fsorrent]

I hope that it was a hell of a drink!!! I would have just opted to get the wife drunk instead!

Giggity Giggity Goo Alright!!!

 

[Scrivener]

I don't necessarily agree with the laws of this state but if you going to live here obey them! Dropping the mag in a pocket on the door and the pistol in his non-locking center consol...just stupid...you got a locking glove compartment?!?

So what if you do? It does NOT meet the storage criteria.

 

[jlotta]

http://www.center-of-mass.com/


I use the smaller one and I can fit my G22 in there or my G29 and G20 mag. If you can't fit the mag and the unloaded pistol in there at the same time just stick the mag in a glove box. Improper ammunitions storage is alot better than an improper firearms storage.

On the topic of improper ammunitions storage (fire ordanance correct?), since defensive spray is considered ammunition in MA could you potentially get charged for not locking up your pepper spray?

+ 1 I have 2 of the larger ones with the cable 1 for each car.

 

[Lugnut]

So what if you do? It does NOT meet the storage criteria.

 

[Jaxon]

+ 1 I have 2 of the larger ones with the cable 1 for each car.

+1. I have one for my POV and I use another one for securing in the checked luggage on trips.

 

[gene]

Chapter 140: Section 131C. Carrying of firearms in a vehicle


Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

 

[Amicus]

What I do not understand is that this appears to be a storage issue, not a transport or carry issue. Thus, the law formally requires that a gun be secured in a locked container. The SJC has now reinterpreted that to be locked in a secure container, and the only standard for “secure” is that it prevent “all but the most persistent person” from entering.

Is the view now that all autos are inherently “insecure” as containers?

 

[K-DUB]

http://www.center-of-mass.com/


I use the smaller one and I can fit my G22 in there or my G29 and G20 mag. If you can't fit the mag and the unloaded pistol in there at the same time just stick the mag in a glove box. Improper ammunitions storage is alot better than an improper firearms storage.

+1 on the Center of Mass safes. I have a bunch of these, 2 in each car/truck just in case I have to lock up the guns while away from home. They're relatively cheap, & pretty strong. They come with a cable that is pretty flimsy (opinion of someone who also has big bolt cutters in her toolbox) but they cover you as far as the MA storage laws.

 

[jcr]

Me:

There are two scenarios for us to consider because we don't have a crucial piece of info: Does the girlfriend have an LTC.

You:

This doesn't matter- the article was written poorly; if you read between the lines it seems to say they were ultimately -both- in the vehicle with the firearm, and not that she had broke away from him with it.

I assert that is too much reading between the lines.

A "meeting with his summer baseball league" is very different sounding than a "a football banquet". Now is the time for organizational meetings for summer sports. And banquets are usually post-season -- and with thanksgiving and Christmas immediately following most football, now doesn't seem like an odd time to have their banquet. Anyway it is lot of trouble to distinctly describe baseball and football if the reporter thought them the same.

You:

The "while they were at the banquet" thing seems to point to this.

Here is where the poorly written comes into play. You assume that the "they" pronoun refers to guy and girlfriend; I assume it means girl and her cohorts.

But here is the giveaway. From the article, "She called Perez and the two agreed to meet at the police station to report the theft."

That would seem strange behavior if they were at the same banquet. Yes, I'm assuming a common usage of "called" to mean "telephoned" though I concede the reporter might have meant "shouted" across the table. It also helps explain, from the article, "girlfriend then took the Honda".

 

[drgrant]

That would seem strange behavior if they were at the same banquet. Yes, I'm assuming a common usage of "called" to mean "telephoned" though I concede the reporter might have meant "shouted" across the table. It also helps explain, from the article, "girlfriend then took the Honda".

Points taken. It's irrelevant though in the end because she wasn't charged
and likely will not be, depending on the info they gave to the PD when the
theft was reported. Even if she is guilty in some way, it's still just a
lot easier for them to peg a safe storage charge on the gun owner himself.

-Mike

 

[wheelgun]

I was thinking of getting a thick cable lock and securing a locked pelican box to a seat post. Trigger locked gun too. Then camouflaging the box with something over it. As much as I hate to leave a firearm in the car, if I absolutely had too, I would hope this would cover me in the event of a smash and grab.
.......

Most stores (e.g. FS) sell a nice thin black lock box that comes with steel cable. Slides under the seat nicely, easily hooked to the seat post. And it's pretty invisible to the casual observer, especially when under the rear seat. Only costs $30. An example:

http://www.fsguns.com/safes.html


.

 

[Erebus]

Most stores (e.g. FS) sell a nice thin black lock box that comes with steel cable. Slides under the seat nicely, easily hooked to the seat post. And it's pretty invisible to the casual observer, especially when under the rear seat. Only costs $30. An example:

http://www.fsguns.com/safes.html


.

I have that one and it works great. Just be careful if you put a magazine in there, empty or not. I once had the gun and mag slide forward and it blocked the little tab on the lock mechanism. I couldn't open it. I had to keep tapping it this way and that to get the gun and mag to slide away from the mechanism.

As far as taking a chance about carrying while intoxicated that's and easy one. If you are carrying don't drink. If you can't have fun with your buddies without drinking don't carry when meeting your buddies. It's called a choice. You can choose to take your chances that nothing will happen and have a few drinks or you can choose to carry and not drink.

A couple of the guys I frequently hang out with don't know I carry so I just always volunteer to be the designated driver.

Overall it's another case of a criminal getting away and the victim getting punished because his stolen property wasn't PC. Unfortunately it occurred in a state where rights are trumped by political correctness.