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MA SJC “Of course, carrying a firearm is not itself a crime in the Commonwealth,”

The case stems from an incident in Lawrence in March 2014. A 911 caller told a police dispatcher she saw two “Spanish guys … with a gun … going up to the building,” a four-unit apartment building on Royal Street. Police were concerned about an outbreak of home invasions in the city, and they thought this might be one of them.

Profile much?
 
I never understood possession of "burglary tools"

My gut reaction is this is because it was two Spanish guys with a gun and nothing to do with having a gun. MA court will always err on the side of not being racist.


Do you guys remember that incident when a white cracker was crossing a street in Springfield and wind blew his jacket open revealing a carry peice? Didn't work for him.


Also on profiling, if these two Spanish guys were going in with guns drawn at "low ready" ... ?
 
Don't count on this working for you and me. This is about PC for a search. Mass courts will call on the 2A, 4A, 25A and the Gingerbread Man to come up with excuses to kick a search.

That said, I agree with them. "Oh, they racking a slide like they do on Sons of Anarchy!" "OK ma'am. We're going to bust in."

THAT said, it would be funny if this meaningless turn-of-a-phrase turns into no-permit carry in Mass. LOL
 
So if it's not a crime to carry a gun, and the AG's office said during a court battle that you didn't need to have a license to own a gun, we don't need an LTC???
 
So if it's not a crime to carry a gun, and the AG's office said during a court battle that you didn't need to have a license to own a gun, we don't need an LTC???
Well, a cop seeing you have a gun isn’t probable cause to stop you and detain you.

Apparently cop must assume you’re legal. Apparently something else has to happen for cop to have probable cause to stop and detain you.

That is how in understand the court’s reasoning.

Ianal
 
So if it's not a crime to carry a gun, and the AG's office said during a court battle that you didn't need to have a license to own a gun, we don't need an LTC???
She is full of shit. Go to a gun a store in mAss and try to buy a firearm without an LTC or FID or even ammo. You will walk out empty handed.
Just the tell them the AG said it was OK. [rofl]
 
I wouldn't get our hopes up.
The guy really was a criminal , so he got special treatment none of us would get.
Don't forget this is MA. and we have to rotate them back out onto the street ASAP.
If it was any of us say coming back from a range trip and some moonbat called, the court would have gladly overlooked the cop's screw up.
 
So if I like to carry with one in the chamber I need to make sure that I rack the slide while I'm hiding in a closet? What if I was a tradesman and was going into some shit hole house to fix the boiler and was just racking one in before I entered the joint?
 
“...used a technical term – “racking” – to describe loading a gun)”

The 911 caller probably heard the flurry of racking sounds coming from his gun like in the movies. “OK guys, home invasion is on. Let’s lock and load the gun. - Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick.”
 
So if I like to carry with one in the chamber I need to make sure that I rack the slide while I'm hiding in a closet? What if I was a tradesman and was going into some shit hole house to fix the boiler and was just racking one in before I entered the joint?
Tradesman always have one in the pipe, or atleast this one does anyways.
 
“...used a technical term – “racking” – to describe loading a gun)”

The 911 caller probably heard the flurry of racking sounds coming from his gun like in the movies. “OK guys, home invasion is on. Let’s lock and load the gun. - Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick, Ka-Chick.”
Go to pull the trigger and the gun is empty
 
Well, a cop seeing you have a gun isn’t probable cause to stop you and detain you.

Apparently cop must assume you’re legal. Apparently something else has to happen for cop to have probable cause to stop and detain you.

That is how in understand the court’s reasoning.

Ianal

From that standing, you can carry a gun as long as you don't do something else illegal. Or not get caught doing the illegal thing. (Like shooting a guy. Or beating one of your hoes. Etc., LOL).

At the very least, it lessens up the whole open-carry thing. You can't be menacing or whatever BS charge they attempt.

Sadly, no one will extend this and if the courts ever did get this in front of them, they'd say, "Oh, they made a mistake. IT's clear that gunz'r'bad,umkay?"
 
This isn't about racial profiling and it may prove valuable to 2A relative to search as case law.

More importantly the police got information they needed and detectives will have this perp back in jail on another crime. You can bet they are under surveillance right now.
 
She is full of shit. Go to a gun a store in mAss and try to buy a firearm without an LTC or FID or even ammo. You will walk out empty handed.
Just the tell them the AG said it was OK. [rofl]
That's because you are not using the gun show loophole.
 
This explains the whole of MA law:


"The majority opinion cites Article 14 of the Massachusetts Constitution, which states:

Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions......."
 
Yet another case where the SJC hates cops more than they hate guns.

“...used a technical term – “racking” – to describe loading a gun)”

The 911 caller probably heard the flurry of racking sounds coming from his gun like in the movies.
Or YoutUbe. Hold that thought...
An interesting part of the decision is the mention of a witness who said she recognized the sound of a slide racking "because I am from Lawrence".
...I recognize the sound of a slide racking because I watch YoutUbe.
 
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