Maybe too soon for us in Boston to carry unrestricted?

paul73 said:
and so much of your refusal to consent to searches, etc. if they wanna frisk you - you will get frisked.
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Yeah, but if you refuse, your lawyer might be able to get the search tossed in court. If you consent, then your lawyer can’t get the search tossed.

Refusing to consent is about giving your lawyer something to work with. The police are going to do what they are going to do.
 
greencobra said:
i remember a guy i met in a shop back in the early 70's who at 19, had a ltc. got it at 18. he could not buy a handgun from a ffl but could buy via a private sale until he hit 21. this is the day of "protection of life and property" or "target and hunting" and i don't remember what his was issued for...probably t&h. am i remembering this wrong? it's just a random memory i've always had. and after all these years, i still remember his name.

i also seem to have the recollection he couldn't buy pistol caliber ammo unless he could show it was for a rifle he owned. i may be way out of the ballpark on this but just another memory associated with the guy i've kept over the years.

@Len-2A Training, any truth to what i'm remembering?
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I can confirm.
I got my LTC at 18 (1990) it was "All Lawful Purposes" I think.
I had to buy my first handgun through a face to face sale as an FFL couldn't sell me one.
 
M1911 said:
Yeah, but if you refuse, your lawyer might be able to get the search tossed in court. If you consent, then your lawyer can’t get the search tossed.

Refusing to consent is about giving your lawyer something to work with. The police are going to do what they are going to do.
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i bet it was quite a sight, if they lined up all the folks there along the wall at midnight and started body cavity examinations, right there on the street.
 
M1911 said:
Yeah, but if you refuse, your lawyer might be able to get the search tossed in court. If you consent, then your lawyer can’t get the search tossed.

Refusing to consent is about giving your lawyer something to work with. The police are going to do what they are going to do.
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Frisking is covered by the Terry Stop standard. The proper procedure for containers not under the subject's control is to secure the container, apply for a warrant, then conduct the search.
 
paul73 said:
and so much of your refusal to consent to searches, etc. if they wanna frisk you - you will get frisked.
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Cuz gunz. Warrantless searches are considered "reasonable" when limited to a subject's person and articles within their immediate control if officers are concerned that the subject may be armed. If instead of a backpack, it was a locked box with neon lite signs saying "gun in here", I doubt that a court would find a warrantless search to be reasonable.
 
M1911 said:
Yeah, but if you refuse, your lawyer might be able to get the search tossed in court. If you consent, then your lawyer can’t get the search tossed.

Refusing to consent is about giving your lawyer something to work with. The police are going to do what they are going to do.
Click to expand...
Exactly. Your emphasis should not be on resisting the search (won't work) but making sure your refusal of consent is clear, unambiguous, and visible to as many video recorders as possible.

For example if they demand your car keys, slowly set them on the trunk and say "You do not have my consent to search" - now it's no longer "he handed me the keys when I asked if I could search his trunk".
 
Rob Boudrie said:
Exactly. Your emphasis should not be on resisting the search (won't work) but making sure your refusal of consent is clear, unambiguous, and visible to as many video recorders as possible.

For example if they demand your car keys, slowly set them on the trunk and say "You do not have my consent to search" - now it's no longer "he handed me the keys when I asked if I could search his trunk".
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“I do not consent to any searches”

Just to get it on body cam for your lawyer to subpoena
 
eboos said:
That's kind of the thing with the elimination of subjective qualification, opinions of whether this guy is a shit bag or not doesn't come into play. He is either qualified to carry unrestricted, or not qualified to carry at all. My bet is they will try to stick this guy with a "Guilty - filed" or a CWOF on the carrying while intoxicated and use that as a basis for revoking his license.
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In my opinion it’s basically fake news anyway. Nobody even got shot.

As far as “dangerousness” goes.. I’ve been around a lot of people the one thing I’ll tell you about human nature is sometimes people get dangerous
 
MGnoob said:
As far as “dangerousness” goes.. I’ve been around a lot of people the one thing I’ll tell you about human nature is sometimes people get dangerous
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Funny you mention "dangerousness". Any firearms offenses in MA can trigger the Commonwealth to request a judicial finding of "dangerousness" and the defendant be held, or released on conditions. Since Effee is not charged with brandishing, his charges are non-violent in nature and purely regulatory. While there is some indication that this may change in MA somewhat soon (I think there is a pending case), even a non-violent firearms offense can lead to a finding of "dangerousness". Furthermore, the charge of Carrying a Firearm without a license under M.G.L. ch.269 § 10(a) carries a minimum mandatory sentence of 18 months.
 
eboos said:
Effee's case is now viewable on BMC Roxbury's docket. Statement of facts not yet viewable. Often when there are multiple arrests, there will be one statement of facts, that would identify the "other male". There are two other Possession of a Firearm without a LTC cases filed in Roxbury today, but none appear to be "the other male". There may be additional cases coming. Looks like Roxbury is a busy place.
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That's actually slow for a Monday, A small donation to Maura's campaign, they will get an early voter card and they are probably back on the street drinking 40's before "the View" is on.
 
paul73 said:
and so much of your refusal to consent to searches, etc. if they wanna frisk you - you will get frisked.
Click to expand...
Do the cops at the T stations still 'randomly' stop people to look in your bags and shit like they do in NYC? Can they detain you for refusing to consent to search and saying f this I'm outta here, gonna take an uber instead?
 
Rob Boudrie said:
That's some mighty effective pat frisking.
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You need to check out the BPD's blog at bpdnews.com - The Boston Police Department's Virtual Community. They have some eagle-eyed, highly adept pat-friskers on that force. My favorite was "pulled over the vehicle for excessive tint on the windows, which led to the discovery of an illegal firearm." Wow, you saw THROUGH the dark-as-hell windows and picked out the guy's un-licensed gat? That officer must have had terminator-grade x-ray vision. It's also interesting to see that 90% of illegal guns have full capacity, post-ban mags. Only sometimes does it list "large capacity feeding device" on the charges.
 
whacko said:
He was charged with it. Does not mean it will stick.
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He will have future problems. His gun and permit are gone. Good luck getting them back. Now he has a weapons-related offense on his permanent criminal record, which is very discoverable by any LE agency in the country. If he applies for a CCW license in another state, he will almost certainly be questioned about his Massachusetts arrest. I just hope it doesn't screw his 2A rights permanently. Alcohol and firearms don't mix.
 
APFSDS said:
You need to check out the BPD's blog at bpdnews.com - The Boston Police Department's Virtual Community. They have some eagle-eyed, highly adept pat-friskers on that force. My favorite was "pulled over the vehicle for excessive tint on the windows, which led to the discovery of an illegal firearm." Wow, you saw THROUGH the dark-as-hell windows and picked out the guy's un-licensed gat?
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Dequann Whyte-Cohen is on his 4th offense carrying without a license, and carrying with 3 prior violent felonies. Needless to say, an officer can do a limited search of the person and the areas in the vehicle under his control to ensure the officer's safety when there is a justified basis for the stop. The excessively tinted window is the justification for the stop. A quick search of this fella in masscourts indicates that police know him well. I'll be surprised if his case stays in District Court.
 
G4Y4HK said:
Do the cops at the T stations still 'randomly' stop people to look in your bags and shit like they do in NYC? Can they detain you for refusing to consent to search and saying f this I'm outta here, gonna take an uber instead?
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the only moral to the story here is to think of what would it be a subsequent set of events if you`ll get frisked and they find a pre-ban 10+ rds magazine in your gun. etc.
 
paul73 said:
the only moral to the story here is to think of what would it be a subsequent set of events if you`ll get frisked and they find a pre-ban 10+ rds magazine in your gun. etc.
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That's why I carry 10-round magazines. I realize that different people have different tolerances for risk.
 
eddy1953 said:
He will have future problems. His gun and permit are gone. Good luck getting them back. Now he has a weapons-related offense on his permanent criminal record, which is very discoverable by any LE agency in the country. If he applies for a CCW license in another state, he will almost certainly be questioned about his Massachusetts arrest. I just hope it doesn't screw his 2A rights permanently. Alcohol and firearms don't mix.
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His license is in jeopardy because of the booze and carrying more than anything.
 
paul73 said:
the only moral to the story here is to think of what would it be a subsequent set of events if you`ll get frisked and they find a pre-ban 10+ rds magazine in your gun. etc.
Click to expand...
One time I was minding my business and walking thru Ruggles like a normal commuter with a backpack. Cop yelled out to me YOU. Come over here. There was a 'random search table' I said no thanks am I free to leave? He nodded and the other cop followed me out to the street and I walked the rest of the way. Could have ended up much worse if a cop decided someone flexing 4A is grounds for getting cuffed.
 
whacko said:
His license is in jeopardy because of the booze and carrying more than anything.
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whacko said:
His license is in jeopardy because of the booze and carrying more than anything.
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I agree. I still have to answer at renewal time, every six years, for my 1970 underage drinking arrest at the Psychedelic Supermarket. ABCC and Boston Police raided the place back in the day. Many arrests for drug possession and underage drinking.
I was drinking a Rheingold draft when I was arrested.
 
whacko said:
His license is in jeopardy because of the booze and carrying more than anything.
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This would be an interesting case to try. What is the evidence of intoxication? The smell of alcohol and the presence of a bottle of alcohol. What other observations did the officers make that would suggest intoxication? It is unlikely they conducted any FSTs, but without that, simply reaching the opinion that "the other male" was intoxicated falls far below what is needed to overcome a motion for a required finding. With a not guilty, his license and his property should be immediately returned.
 
eboos said:
This would be an interesting case to try. What is the evidence of intoxication? The smell of alcohol and the presence of a bottle of alcohol. What other observations did the officers make that would suggest intoxication? It is unlikely they conducted any FSTs, but without that, simply reaching the opinion that "the other male" was intoxicated falls far below what is needed to overcome a motion for a required finding. With a not guilty, his license and his property should be immediately returned.
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Are you new to how things work in MA?
 
Rob Boudrie said:
I haven't looked up the section, but I would expect that EBT fraud (including buying EBT benefits for cash) is at minimum a misdafelony, thus bringing lifetime prohibited person status if convicted.

Strange thing for someone to be bragging about on a gun forum.
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Buying an EBT card is illegal?

Damn, I always figured if someone was to offer me a card at $.50 on the dollar I would buy it, never figured it was illegal.
 

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