Mass Stabbing at Silver City Galleria

just heard on the radio, the guy was schitzo.....was placed in a psych ward on Monday, got out yesterday morning. Constantly heard 'voices' in his head.
 
Len-2A Training said:
Citation please?
Click to expand...
Sure:

https://www.northeastshooters.com/v...-Mass-Stabbing-at-Silver-City-Galleria/page12

Post 10

First two words


[smile]

But on a serious note, I'm basing that assumption on how it is in Florida. Here's the closest thing to it I could find in MGL:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section121

Section 121. Whoever, without right, enters upon the land of another with firearms, with intent to fire or discharge them thereon, and, having been requested by the owner or occupant of such land or by his agent to leave such land, remains thereon, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than two months, or both.

I guess it gets tricky at the "with intent to fire or discharge them" part of the section. But, in my opinion, if someone tells you to leave their property and you refuse and have a gun on you, you're just asking for trouble with armed trespassing. I am not a lawyer, etc.
 
Len-2A Training said:
Citation please?
Click to expand...
This is one of those mixed metaphors, like when someone starts using the term "brandishing" from California law and assuming it exists in MA law.

Trespass and Armed Trespass are different offenses in Texas (see Texas code 30.05). The concept of "armed trespass" does not even exist in MA law.

Before TX tweaked the carry laws with the 30.06 sign, there was one interpretation that violation of a sign was "armed criminal trespass" which is more serious that simple trespass.

Trespass onto land is a bigger deal in TX than in MA, where it is hardly ever enforced, except inside businesses where someone has been "trespassed" (put on formal notice they are not allowed to enter the business, and doing so will be trespassing). MA also does not have the same "assumed postings" as TX (for example, entering cultivated crop land is trespass in TX even if not posted).

The MA trespassing statute is MGL Ch 266 Section 20. There are some exemptions in other sections of Ch 266. MGL Ch 266 Section 121 has the aforementioned prohibition of trespassing with the intent to shoot, which I suppose would be possible if you were walking on someone's land with target, target stands and a gun. And of course, it would be negligent not to mention that 266s128 makes illegal to deface a milk can :).
 
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Chevy 2 65 said:
"I think" doesn't cut it. Cite a law.
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He's mostly right. If a property owner (or their agent) has asked you to leave, and the cops show up, and you haven't, you're basically ****ed insofar as trespassing is concerned.

The "armed trespassing" part though is effluvial BS (at least under MA law). "He cut a big fart in my store, I asked him to leave" VS "He carried a gun in my store, I asked him to leave" are the same things legally speaking.

-Mike
 
drgrant said:
He's mostly right. If a property owner (or their agent) has asked you to leave, and the cops show up, and you haven't, you're basically ****ed insofar as trespassing is concerned.

The "armed trespassing" part though is effluvial BS (at least under MA law). "He cut a big fart in my store, I asked him to leave" VS "He carried a gun in my store, I asked him to leave" are the same things legally speaking.

-Mike
Click to expand...

I know, this is the part I have a hard time with "armed trespassing"
 
drgrant said:
He's mostly right. If a property owner (or their agent) has asked you to leave, and the cops show up, and you haven't, you're basically ****ed insofar as trespassing is concerne
Click to expand...
Even, chances of a trespass charge being made, or sticking, are probably slim if you politely tell the LEO that you would be glad to leave.
Yass massuh, I's so sorry suh. I's neva gunna makes a guess no mo without ya pemissions massuh!
Click to expand...
You will find those on NES has grant little quarter to inaccurate guesses presented as fact, but that there will be little criticism to a guess preceded with "I do not know, but I guess....".
 
Rob Boudrie said:
Even, chances of a trespass charge being made, or sticking, are probably slim if you politely tell the LEO that you would be glad to leave.

You will find those on NES has grant little quarter to inaccurate guesses presented as fact, but that there will be little criticism to a guess preceded with "I do not know, but I guess....".
Click to expand...
Well, I could provide citation for any state as the original question didn't specify what state the trespassing issue would've occurred in but I won't get into a whole semantics thing about it. Besides, "citation please" goes a lot smoother than "NO THINK. ONLY CITE."
 
Palladin said:
just heard on the radio, the guy was schitzo.....was placed in a psych ward on Monday, got out yesterday morning. Constantly heard 'voices' in his head.
Click to expand...

i heard he went in one night, and was released the next day, without any treatment for a mental disorder. Obviously another obamacare patient!
 
The gentleman, sorry, hero, that was killed, died protecting a pregnant woman. He most likely saved at least two lives. Can't help but wonder how much more effective he would have been if he was carrying. Such a tragedy. Last I heard she was still in surgery.
 
As I recall from a class I took many years ago, once the police arrive, the person in charge of the property has to ask you to leave with the officer present. If you refuse, you can then be arrested for trespass. Or maybe removed from the property and cited, I forget if there is a Right of Arrest for this particular misdemeanor.

Rob Boudrie said:
Even, chances of a trespass charge being made, or sticking, are probably slim if you politely tell the LEO that you would be glad to leave.
Click to expand...
 
Garys said:
As I recall from a class I took many years ago, once the police arrive, the person in charge of the property has to ask you to leave with the officer present. If you refuse, you can then be arrested for trespass. Or maybe removed from the property and cited, I forget if there is a Right of Arrest for this particular misdemeanor.
Click to expand...

You had it right. No arrest unless one of two things have happened.

- Previously served with a "letter of disinvite" (no trespass notice) and you show up. Police will automatically arrest if they know about the prior letter of disinvite. This is why when I have served them, I serve a second copy on the PD so they have it on file and can act if they see the person.

- The police ask you to leave and you refuse. Then you get arrested.

Guns have nothing to do with it, you can be asked to leave for any reason whatsoever (other than protected class issues).
 
This popped up in my news feed...
13139278_10154306107132494_5060930852928570379_n.jpg
WE WERE ONCE BOSTON STRONG AND TODAY WE ARE TAUNTON STRONG!!!! Share this for the people we lost last night may they forever R.I.P!!! Our hearts Go Out To their Family's especially to the students at greater New Bedford Voc for the loss of one of their teachers
Click to expand...
 

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