Loaded While Illegally Loaded - Brookline

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jp2009

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By John Hilliard / Staff Writer
GateHouse News Service
Posted Mar 05, 2010 @ 12:38 PM
Last update Mar 05, 2010 @ 12:39 PM
Brookline — Brookline police say a Newton man was drunk when he carried a loaded handgun into the main library branch on Wednesday afternoon and accidentally left it behind with his jacket.

Robert Mosher, 48, of 86 Moulton St., Newton, was arrested March 3 and charged with possession of a firearm under the influence of liquor, unlawful possession of a firearm, improper storage of a firearm, and possession of ammunition, according to Brookline Police Sgt. Robert Disario.

Disario said library workers found Mosher’s dark leather jacket, which had a heavy metallic object inside, as they were closing up around 9 p.m. Wednesday, and notified police.

In one pocket, officers found a .38 caliber Colt Mustang semi-automatic handgun with a loaded magazine plus a cell phone. There was no bullet in the gun’s chamber, Disario said.

Brookline’s main library is across the street from the police station and next door to Town Hall.

Police reviewed surveillance footage of the library’s entrance from that day, and a detective investigating the incident recognized Mosher entering the library at 1:39 p.m. while wearing the dark leather jacket, Disario said.

Brookline police went to Mosher’s Newton home, along with an escort from Newton police, and arrested him around 11 p.m. Wednesday night, Disario said.

Mosher, who is not licensed to carry a gun, gave no reason for carrying the weapon into the library, Disario said.
 
Hmmm... "recognized by the police when viewing the video". I wonder if this person was "known to the police" in the good or bad sense of the term.
 
Hmm, any relation to Ray Mosher?

I'm afraid that the evil gun will likely get destroyed, after all criminal proceedings are complete.
 
I am astounded they actually used the term "magazine".. Was that just an attempt to be clever as it occurred in a library??
Was the magazine (and jacket) found in the periodicals??


jp2009 said:
In one pocket, officers found a .38 caliber Colt Mustang semi-automatic handgun with a loaded magazine plus a cell phone. There was no bullet in the gun’s chamber, Disario said.
Click to expand...
 
seanc said:
I am astounded they actually used the term "magazine".. Was that just an attempt to be clever as it occurred in a library??
Was the magazine (and jacket) found in the periodicals??
Click to expand...

Sorry, they get no credit for trying to "get it right" for once, since they claim the police said there was no "bullet" in the chamber.
 
seanc said:
I am astounded they actually used the term "magazine".. Was that just an attempt to be clever as it occurred in a library??
Was the magazine (and jacket) found in the periodicals??
Click to expand...
I doubt it. Most likely they just rewrote what the got in the press release or read from the police log.
 
glide said:
I thought all Mustang's were chambered in .380

Didn't know they made .38 semi-auto's...
Click to expand...


.38 ACP
150px-38_ACP.jpg
SAAMIdrawing.gif


Chambered in this 1900 Colt:
Colt_M1900_AdamsGuns.jpg


They didn't call that gun the Mustang, however.

Today's .38 Special is a bullet that measures .357" The .380 measures .355" The .38 ACP measures .356" Is that close enough for journalism? (^_^)


Interesting trivia..

The .38 ACP was found to be too powerful for the 1900 pistol and very soon after its introduction was always found downloaded. When the .38 Super was developed years later, it was basically a more powerful .38 ACP. The interesting fact is that the Super was loaded to roughly the same power as the .38 ACP was originally designed for.
 
Last edited:
BrianWilson said:
How could they know he had a pistol in his pocket from a video?
Click to expand...

They didn't. Obviously the librarians found the jacket, poked around to see what the "heavy metallic object" was, found the gun, called the police, the police came and examined the jacket's contents with scrutiny, looked at the video tapes to see who wore the jacket while entering the library, "recognized" him, and then went to his home to arrest him.

As for the charge of inebriation, the police probably asked about the guy and the librarians responded with something like, "Yes, I recall him. He smelled of alcohol when he was here."

Easy.
 
HooVooLoo said:
They didn't. Obviously the librarians found the jacket,
Click to expand...
So,you mean while he was perhaps perusing the religious philosophy section,somebody who had an illegal pistol,perhaps even stolen from Mr. Mosher's house, wearing a similar jacket, stole his cell phone,? Or did they steal his jacket and cell phone?
 
HooVooLoo said:
They didn't. Obviously the librarians found the jacket, poked around to see what the "heavy metallic object" was, found the gun, called the police, the police came and examined the jacket's contents with scrutiny, looked at the video tapes to see who wore the jacket while entering the library, "recognized" him, and then went to his home to arrest him.
Click to expand...

Technically speaking, if the gun was in the library, and he was at home, he wasn't in exactly in possession of the gun when it was found.

"Gun?, what gun? I lost my jacket at the library, somebody else must have found it and put that gun in the pocket"
 
Zappa said:
..."Gun?, what gun? I lost my jacket at the library, somebody else must have found it and put that gun in the pocket"
Click to expand...

Well, that is a moot point, isn't it? Considering that he basically confessed to bringing the gun into the library...

Mosher, who is not licensed to carry a gun, gave no reason for carrying the weapon into the library...

The article does not say that Mosher denied having it in the first place.
 
So if I CC my Sig completely unloaded with the mags in a belt pouch, I can still get hammered? Sweet! [party]


[wink]

Anyone ever heard of someone actually trying to argue this one in court? I could never see it succeeding for obvious reasons, but that wording leaves the door open even if no judge in this state would ever try and walk through it.
 
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE

Chapter 269: Section 10H. Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment

Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.


So according to the above he is breaking the law if he has a license... no license and drink all you want. Or at least that is how I read it.
 
kaetaur said:
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE

Chapter 269: Section 10H. Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment

Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.


So according to the above he is breaking the law if he has a license... no license and drink all you want. Or at least that is how I read it.
Click to expand...

Yup. Most of what they charged him with won't stick, including this.

ETA: I should add unless he admitted to it, then some of it can stick, just not the above.
 
Is a firearm considered loaded if there is a magazine inserted but no bullet in the chamber? To me, it isn't loaded until there is a bullet actually in the chamber, but I am guessing that chambered or not, it is considered loaded, in the eyes of the law, once the magazine is in...
 
Midnight412 said:
Is a firearm considered loaded if there is a magazine inserted but no bullet in the chamber? To me, it isn't loaded until there is a bullet actually in the chamber, but I am guessing that chambered or not, it is considered loaded, in the eyes of the law, once the magazine is in...
Click to expand...

Yes. Best to keep loaded mags in a separate container actually.
 
Since he had no LTC....... he should not have been charged with carrying under the influence of liquor as the first element of the crime is "Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140".

They need to re-think the charges a bit.
 
jp2009 said:
Robert Mosher, 48, of 86 Moulton St., Newton, was arrested March 3 and charged with possession of a firearm under the influence of liquor, unlawful possession of a firearm, improper storage of a firearm, and possession of ammunition, according to Brookline Police Sgt. Robert Disario.
Click to expand...

This story is clearly a fabrication. Newton doesn't issue unrestricted LTC's, so there's no way that he could have carried a gun anywhere. [rolleyes]

kaetaur said:
So according to the above he is breaking the law if he has a license... no license and drink all you want. Or at least that is how I read it.
Click to expand...

Half Cocked said:
Since he had no LTC....... he should not have been charged with carrying under the influence of liquor as the first element of the crime is "Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140".
Click to expand...

Yup, but just like MGL 140-131C it seems to get thrown around wherever it's convenient.

terraformer said:
Yes. Best to keep loaded mags in a separate container actually.
Click to expand...

Why?
 
Well, that is a moot point, isn't it? Considering that he basically confessed to bringing the gun into the library...
Click to expand...

So it would appear he's stupid enough to carry without a license; leave the gun behind; and then answer questions about the crime when questioned by police. Legal Darwinism in action.
 

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