Lexington School employee leaves gun on seat of car

[Mesatchornug]

Trying to read this for my own growth and education. The bold section raises a question...

(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity weapon, firearm or machine gun that was stored or kept in a place where a person younger than 18 years of age may have access without committing an unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by imprisonment for not less than 4 years nor more than 15 years or by both such fine and imprisonment.

Does breaking into an automobile (presuming locked) not count as "an unforeseeable trespass"?

 

[ProGun]

Wonderful. Another life ruined by the Commiewealth for no good reason. God this state sucks. They are doing their best to make it more dangerous here to have a gun, I guess that's mission accomplished by these POS f@#%* running this cesspool.

 

[Picton]

I don’t think the school employee should face any repercussions at all, if you’re asking me. I don’t think it’s a big deal.

Of course you don't. Neither do I, really.

But this is Massachusetts. We gun owners should understand what that means: massprudence.

His life is ruined now, in many ways, but the rest of us can probably use the reminder. Posting this kind of stuff is like when a member has an ND and mentions it here: it's a cautionary tale for the rest of us. We can't get complacent. Sure, things "shouldn't" be this way... but they are. I'm a big fan of not complying with stupid laws, but I also know and accept what will happen to me if I'm caught breaking them.

Big boy rules.

 

[nstassel]

Trying to read this for my own growth and education. The bold section raises a question...

Does breaking into an automobile (presuming locked) not count as "an unforeseeable trespass"?

Probably that's why he wasn't charged with the felony I think.

 

[Mesatchornug]

Probably that's why he wasn't charged with the felony I think.

Thanks

 

[MAGA99]

I was at a NEMLAC public event in front of the Lexington police station a few years ago, and one of the cops left his gun and duty rig on the passenger seat while he was wandering around. Should I have taken it and confiscated his LTC?

The school employee screwed up, no question, but I wouldn't take away the gun and LTC. Just give him a warning, for God's sake. When violent felons are being treated with kid gloves, how can the gov't justify taking away a person's basic right so easily due to a dumb mistake with no malicious intent? What happened to mens rea? How can it be considered a crime when there was no intent? I understand negligence, but what harm was done?

You’re making way too much sense. Stop it!

 

[MAGA99]

I don’t think the school employee should face any repercussions at all, if you’re asking me. I don’t think it’s a big deal.

He should be thoroughly scolded for not carrying said gun.

 

[Rob Boudrie]

The state would argue that as it was accessible and therefore in his immediate control, he was de facto carrying it.

MGL 269§10(j) refers to "carrying one one's person", which is a subset of "carrying".

I have know a case of an unimportand, unconnected, person who got a 2 year CWOF on a "unsafe storage" charge for a gun in his car in a college parking lot. The unsafe storage charge was filed only after his lawyer successfully educated the prosecuting attorney about "on one's person".

 

[Dadstoys]

I was at a NEMLAC public event in front of the Lexington police station a few years ago, and one of the cops left his gun and duty rig on the passenger seat while he was wandering around. Should I have taken it and confiscated his LTC?

The school employee screwed up, no question, but I wouldn't take away the gun and LTC. Just give him a warning, for God's sake. When violent felons are being treated with kid gloves, how can the gov't justify taking away a person's basic right so easily due to a dumb mistake with no malicious intent? What happened to mens rea? How can it be considered a crime when there was no intent? I understand negligence, but what harm was done?

Because they like felons . They sow the chaos that they want.
They don't like you.

 

[HorizontalHunter]

Who looks in other people’s cars? That’s weird

Thieves. Mostly.