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MA storage laws: making victims criminals

appraiser

appraiser

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http://www.boston.com/metrodesk/201...ated-police/3RUATQ5fxjWDNzcVnXAAhK/story.html

At 9:50 p.m. Thursday, police responded to a breaking and entering call on Intervale Street and spoke to a man who reported that he had come home to find the front door unlocked and the items missing from his room, a police statement said.

He told police that handgun he kept in a bedside table and a shotgun he kept under a mattress were not stolen. Even though the man had a valid gun license, police seized the Beretta FS92 pistol and Mossberg 500 shotgun because they were improperly stored.
 
So the cops came and finished the other criminal's job. Sounds about right. The guy should have been smarter about it, though.

No charges yet, so that's good.
 
The thing is, I bet this was an older gentlemen who thought the police were his friends, and saw nothing wrong with keeping a gun in the bedside table and a shotgun under the mattress (after all, I bet they were in those spots for years).
 
Gillham said:
Does anyone else think it's odd he wasn't charged with violating the Boston AWB? He had an AR15 in Boston...

- - - Updated - - -

Or maybe it's just bad reporting.. and there was no AR..
Click to expand...

As Glidden told me that Boston's Chief Counsel told him . . . nobody in Boston has been prosecuted for the Boston Ban and Counsel believed that their bylaw is UNenforceable! SO they only charge under state law.
 
We already have 'don't seek help from the police' although some have to learn the hard way like this poor guy.

Soon we will have 'don't seek help for that minor mental health issue'

Good thing government is here to help us so much.
 
So he tells the cops that a handgun and rifle were Not taken, shows them illegally stored, and the cops are the bad guys. STFU or give them use full info or none at all. Does stupid equal a a prohibited person?
 
This guy, the victim was in a vulnerable position and probably relieved that he did not have to report "stolen firearms." Being a trusting fellow, he shared his concern with the investigating officers. More than likely the police asked to see the guns. End of story. End of gun ownership. Sometimes a victim offers too much information not out of stupidity but as a result of the stressful situation. Here's another lesson at someone else's expense. Learn from it.
Best regards.
 
Police seized two improperly stored guns from a Roxbury man’s home after he reported the theft of an AR-15 rifle, a TV, an Xbox, a Playstation, several video games, and a camera
 
So what should he have done if the guns were stolen also? Kept his mouth shut on that too?
If the advice is to not report, what happens when those guns show up at a crime scene?
 
Last edited:
Bottom line, he wasn't properly storing his firearms which allowed one to be stolen. He should have kept his mouth shut about the shotgun and handgun.

Yes, he may have been in a stressful situation, but you never admit to breaking the law, especially to a police officer. The cop isn't going to jut turn his head to improper storage after an AR got stolen.
 
JWPaolilliJr said:
Your stupid law is not designed to prevent theft!!! It is designed for the unintentional taking by a person who is lawfully there. Stop making that law, something it is not.
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Joe, although you are ABSOLUTELY CORRECT wrt the intent of that law, I can tell you that local chiefs/LOs/POs do not look at it the same way . . . their attitude (and therefore the way they suspend/revoke LTCs and prosecute for "improper storage") is that if it is stolen (even if it had a trigger lock), You WILL lose your LTC and likely be charged with "improper storage" (probably close to 50% of the time). A good FIREARMS knowledgeable atty (sadly few of them) and an unbiased judge (good luck on that one) can squash the bogus charges (after you spend $5-10K in legal bills), but you aren't likely to get the LTC back.
 
Someone said if he can't call the police, what does he do about the AR-15?

It's easy. Let everything calm down, take an inventory of what is missing, then file a report. Chances are you wouldn't even have to go to the police station, there would be online paperwork. If you need to go to talk to the police for ANY reason, have your lawyer present. It's not an admission of guilt, it is your right to have an attorney present during questioning and if you don't have the money to afford one, one will be provided to you. You have a right to not provide information that may incriminate you just like the police can't testify on your behalf if you do end up in court. Lets make that clear. The police WILL NOT defend you!

And to whoever said it, you're correct, people learn the hard way when they call the police and mistakenly believe that their job is protect them when they are the ones that end up in cuffs, yet I constantly hear that they don't want vigilantes on the streets taking care of their own business.

The reality here is that the people that stole his stuff will never get prosecuted, there won't be enough evidence, even if he knew who did it there is almost a zero chance of any kind of litigation, yet the case against this man will be strong and has a chance of being prosecuted.

Remember, I'm not against officers. I believe that they should be allowed to be heroes, take action. The reality is that those in power aren't looking at the reality of what they're creating which is the "us against them" mentality and there will come a point when officers simply can't do their job because nobody talks to or calls them in the case of an emergency.
 
Mattyweb said:
We already have 'don't seek help from the police' although some have to learn the hard way like this poor guy.

Soon we will have 'don't seek help for that minor mental health issue'

Good thing government is here to help us so much.
Click to expand...

Maybe if the government abuses enough people - enough people will finally get it thru their thick heads that the government is NOT there to help you.

They are there to help themselves (literally and figuratively.)
 
Alex9661 said:
In this neighborhood everything not nailed down is improperly stored and will get stolen.
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All guns, when not in use, with the exception of primitive firearms, must be stored or kept “secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device,” to prevent unauthorized use.

Hypothetical: if the shotgun and other firearm had trigger locks, but were on the dining room table, are they improperly stored?
 
Neuro said:
Hypothetical: if the shotgun and other firearm had trigger locks, but were on the dining room table, are they improperly stored?
Click to expand...

Not according to MGL, but many chiefs in MA (and some judges) make up their own interpretations and would consider this "unsuitable" . . . suspend/revoke LTC and confiscate all guns.
 
I've often thought folks should establish legal defense funds for these types of incidents. I'd throw a few nickels in as I think you'd see fewer charges of this type if DAs knew that people had the resources to fight.
 
well, strap on the pistol, and grab the shotgun ,they then will be under your control, that will end well,when the cop enters to take a report .[hmmm]
 
SeaShells said:
So he tells the cops that a handgun and rifle were Not taken, shows them illegally stored, and the cops are the bad guys. STFU or give them use full info or none at all. Does stupid equal a a prohibited person?
Click to expand...

The fact that the man isn't facing charges has me questioning whether or not the guns were really stored improperly, according to the law. A gun can legally be stored in a bedside table, or under a mattress, or anywhere else you want to store it as long as it's equipped with a trigger or cable lock. The way this state is, I think they'd be making an example of him if he were really in violation of the law. I'm not saying the police were the bad guys, but I'm also not going to accept the Globe saying that the guy had his guns "stored improperly", at face value if the guy isn't facing any charges.
 

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