Lawsuit against Barnstable challenges seizure of guns

Behind Enemy Lines

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Guy is (was) a lawyer, wondering why he didn't fight the improper storage charge. He was at home, he could at least made an argument it was under his control - depending on if the son lives there, if so where in the house (Green Dunes is a very high rent district, could be the son lives in an outbuilding or au pair suite etc). And is the son a prohibited person, if not isn't temporary holding of a gun by someone without an LTC allowed per 129? He could argue the son was inspecting the weapon and took a picture.
 

Chevy 2 65

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You can not suspend a right..complete bullshit !Yea, yea yea, blah, blah insert legal BS talk here.


The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.
 
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"Safe storage laws are bullshit, period" Really??? Guessing you don't have too many kids running around your house.

Father invited the cops in the house and then upstairs. He gave them an unsecured weapon. Son admitted he had access to it. No third party. They were both there. Clear violation of storage law.
(ps: Son lives at home with parents. 9 BR house on the market for 17Mil+)

The third party is the hospital staff who started the witchhunt over something they say was a threat but we don't know. It could have been a real threat, or it could be the way some schools imply a threat from a picture of a kid holding a rifle at a range. Ever letting the cops in is a mistake, especially in a case like this. Go outside to talk to them, lock the door, if possible don't have the keys in your pocket at the time. I have a kid, but me locking a gun or keeping it on myself to avoid the kid having access is different than being forced to have it locked away when I'm the only one in the house, or for people with no kids. The whole concept is nonsense, what else are you cool with the state telling you you have to keep locked? Perhaps you should have a special locking crate for your dog, it might bite someone. Kitchen knives are dangerous, maybe you need to put a lock on that drawer. I'm sure that driveway salt would be bad if a kid ate it, better get a lockbox for that.
 
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You can not suspend a right..complete bullshit !Yea, yea yea, blah, blah insert legal BS talk here.


The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.
This always baffled me, and I hope that as soon as someone puts up a real challenge to these laws they will fall because of that. The bias is strong and clear when any court allows a "safe storage" law to remain after that.
 

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Guy is (was) a lawyer, wondering why he didn't fight the improper storage charge. He was at home, he could at least made an argument it was under his control - depending on if the son lives there, if so where in the house (Green Dunes is a very high rent district, could be the son lives in an outbuilding or au pair suite etc). And is the son a prohibited person, if not isn't temporary holding of a gun by someone without an LTC allowed per 129? He could argue the son was inspecting the weapon and took a picture.
Or simply noted the SCOTUS ruling below
 
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The son got in an argument with hospital staff, the hospital security guard / director was with the cops while they served a no trespass order / wellness check.... somehow they found out about the sons pic on faceplant or twatter. A security director on a wellness check ?? I have worked security at 3 hospitals here in mAss and as i posted before, all of them were anti 2A. The doctors and nurses will do everything in their power to red flag someone, they use the same lines as the cops do, calm down, don't resist, they will escalate an event to make sure the person ends up on a psyche hold and in restraints so they don't have to watch them,, security does. Once that happens then the does he own gunz questions and all the bullshit starts. I saw this stuff happen almost daily for 10 years. And also, to the person that said they are too busy to be on the internet looking for stuff like a picture with a gun ? Wrong....... When they are not with a patient they are either shopping online or following fb and twitter..etc. They also keep personal not personnel files, but their own on people they consider trouble makers and "frequent flyers". They are another "layer" of Libtard elitists that have decided that they know how to run "our" lives.
 

Dennis in MA

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So if the kid made a threat with a gun. Hypothetical. And clearly had access to the gun. What do you think the PD should do to appropriately handle the situation?
If they had enough to hold the kid, hold the kid. Short of that, go to Dad and talk to Dad. Wandering into the house after Dad without PC or a warrant was not kosher. Taking all of his guns under duress was not kosher (Although I bet most PD's don't know this).
 

TayNinh_66

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If they had enough to hold the kid, hold the kid. Short of that, go to Dad and talk to Dad. Wandering into the house after Dad without PC or a warrant was not kosher. Taking all of his guns under duress was not kosher (Although I bet most PD's don't know this).
Dad invited them into the house. Kosher. Dad invited them upstairs. Kosher. Dad gave them unsecured pistol not under his direct control. Not kosher.
The complaint does not list any duress. Note that cops can use deception during an investigation. Would think a lawyer would know better.
 

greencobra

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If you place your "commitments" at a higher priority than your your potential survival, I can't help you.
well, some commitments i do. a person can't spend every alert minute worrying about potential survival. i certainly don't worry about getting popped by a bus that day when i wake up. i do admire people who can just pack up and move.
and the second is when they are standing in front of a criminal with a gun who is going to kill them.....
not going to spend my life being paranoid enough to move...my life has been and will continue to be here. i like mexican food, i'm not gonna move to mexico.

i do wish you well in you're new life wherever you are. [thumbsup]
 

Behind Enemy Lines

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Define "direct control".

Dad invited them into the house. Kosher. Dad invited them upstairs. Kosher. Dad gave them unsecured pistol not under his direct control. Not kosher.
The complaint does not list any duress. Note that cops can use deception during an investigation. Would think a lawyer would know better.
 

Uzi2

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well, some commitments i do. a person can't spend every alert minute worrying about potential survival. i certainly don't worry about getting popped by a bus that day when i wake up. i do admire people who can just pack up and move.

not going to spend my life being paranoid enough to move...my life has been and will continue to be here. i like mexican food, i'm not gonna move to mexico.

i do wish you well in you're new life wherever you are. [thumbsup]
Paranoia is not what prompted my move, PRINCIPLE was.👍
 
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So you support the removing of civil rights from a person because a third party alleges a different person did something wrong? That is pretty thin. Someone at the hospital says you made a threat, so someone else who is not you should lose their rights and have their stuff taken? Was the son living there? Was he on a pysch hold? Was he locked up in the hospital while this all went down? Unless the son was in the house, and had the gun in hand when the cops showed up there is no reason to take guns from the father.

Safe storage laws are bullshit, period. Supporting the removal of fundamental rights based on flimsy nonsense is an indefensible position.

How old was the son? Is he under 18, and therefore under the care of the father? If so, then it is on the father. If not, then it should be on the son.
 
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Knock knock

who is it

it's the police sir... we have a few questions....

I know you don't have a warrant because you would have knocked the door down instead of knocking on it. So f*** off and come back when you have one.

end of discussion....
 

Dennis in MA

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Dad invited them into the house. Kosher. Dad invited them upstairs. Kosher. Dad gave them unsecured pistol not under his direct control. Not kosher.
The complaint does not list any duress. Note that cops can use deception during an investigation. Would think a lawyer would know better.
.They asked the younger Gargano about a Twitter feed that allegedly depicted him holding a firearm, and he said the gun belonged to his father. According to the suit, one of the officers demanded the elder Gargano produce the handgun, a .25-caliber Beretta, and two officers, whom he says he did not give permission to accompany him, followed him upstairs to his bedroom to retrieve it.
 

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I refuse to do that. No man, no matter what their perceived authority in life is going to force me to place my life and limb at a lower priority than that of one who would do me harm by ignoring all laws.
"I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do."
~Robert Heinlein, "The Moon is a Harsh Mistress" (1966)

As for why a lawyer would invite the cops in instead of demanding a warrant... there are lots of different kinds of lawyers. Criminal defense attorneys on the cutting edge of civil rights don't usually live in $17 million houses. Dude is probably a trial lawyer.

Bingo!


 

TayNinh_66

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.They asked the younger Gargano about a Twitter feed that allegedly depicted him holding a firearm, and he said the gun belonged to his father. According to the suit, one of the officers demanded the elder Gargano produce the handgun, a .25-caliber Beretta, and two officers, whom he says he did not give permission to accompany him, followed him upstairs to his bedroom to retrieve it.
Implicit consent. Dad didn't say no. Didn't stop them from following him up the stairs. Not sure it would make any difference as the son, who does not have LTC, stated he handled the pistol and took a picture of it. Game over. Son claims he also has a law degree but never passed the bar. He was manager of his father's law office until BBO yanked fathers license. Son has worked as bouncer, personal trainer. Apparently both skipped the criminal law class.
 
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Gun possession is one area where the uninitiated can easily say something that instantly turns a totally defensible situation into a spontaneous incriminating utterance (no Miranda required). I wonder how many gun owners really understand the difference between "yeah, he took a photo with my gun; he lives here" and "Yeah, I showed him the gun and was present at all times it was not locked up and inaccessible to all unlicensed persons as well as the family dog". This times 10 in any situation where one uses or displays a firearm in a conflict.

How many clients know to ask their attorney to cite Commonwealth v. Adjutant when their counsel tells them the criminal record or pending charges on the person they pulled a gun on (and are being prosecuted and having their Ltc revoked for) cannot be entered into testimony at the trial or hearing unless the client can prove he knew about that info at the time the gun was displayed or used? Yes, I do know of a case in which the attorney told the client exactly this at an LTC revocation hearing - when the assailant not only had priors for felony assault, but was out on bail for another assault case. He lost his appeal.

He would have faced the same competence-limitation at trial, however, the charges were dropped because the aggressor was concerned his testimony could be brought up in his upcoming assault trial in a separate matter and exercised his right to remain silent. I'm surprised the DA did not give him immunity in exchange for testimony against the LTC holder.

Or, forgetting to make sure the contemporaneous report of a stolen gun mentions the locking device applied thereto. MUCH less credibility if you add "oh yeah, it had a trigger lock" at a later time.

This is offered as an example that a defense is a shared responsibility between attorney and client, and one cannot just assume any attorney "knows what (s)he is doing".
 
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