MGL ch. 269, sec. 10(i) prosecutions

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Deleted member 67409

Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
 
I wonder if any person licensed to possess explosives turned theirs in at the MSP station at Logan while visiting the airport. Yes, doing so is required by CMR.
 
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
If you don't get any good answers, consider visiting a library with
physical law books in the Reference section. (Maybe all of them?)
The Hudson, MA public library definitely used to have them in the 80's.

Because I suspect that most Walls O' Law Books
are the privately edited annotated versions:
General Laws of Massachusetts:
...
The unannotated official version of the General Laws is published every two years. Two widely used annotated collections are Massachusetts General Laws Annotated (M.G.L.A.) from West Publishing, and Annotated Laws of Massachusetts (A.L.M.) published by LexisNexis. Both are available as bound collections and by subscription online.​

IIRC, MGLA and ALM don't merely contain the statutes,
but excerpt and cite notorious applications of the law;
at the very least cases which established specific interpretations (case law).

For instance I once looked at the laws on "trespass",
and MGLA had reams of material on old Jehovah's Witnesses cases that
established stuff like "you're entitled to knock on apartment doors from the hallway,
if a tenant buzzed you in to the building".

While various experts on NES cite some "favorite" gun law cases
that perhaps aren't mentioned in MGLA/ALM annotations,
I fancy that that if you get one of the actual NES lawyers to answer,
they're going to peek at WestLaw or LexisNexis before responding.
(At least if the subscription doesn't mean they have to charge someone for the query).

I wonder if any person licensed to possess explosives turned theirs in at the MSP station at Logan while visiting the airport. Yes, doing so is required by CMR.

2uoxwh.jpg

Cite.

ETA: Apologies in advance if they moved it to some other section
that didn't jump up and bite me when I searched for "police" and "explosive".
 
The real way is records searches at courthouses.

Yeah I think I'm going to have to do that, actually go and ask about prosecutions/convictions. The average library isn't going to have enough criminal law info. Most cases around ch. 269, sec. 10 don't deal with (i) at all.
 
Yeah I think I'm going to have to do that, actually go and ask about prosecutions/convictions. The average library isn't going to have enough criminal law info. Most cases around ch. 269, sec. 10 don't deal with (i) at all.

I'm going to talk to one of my cigar smoking attorney buddies about this particular topic because I think I I could ask excavate some useful stuff with it.... because I'm not sure how the whole system works...
 
I'm going to talk to one of my cigar smoking attorney buddies about this particular topic because I think I I could ask excavate some useful stuff with it.... because I'm not sure how the whole system works...

Much appreciated! To be clear, I'm just doing research and not in any trouble.
 
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.

Mark Adams was charged with Ch. 269, §10(i), but those charges were dismissed. He was eventually convicted of interfering with a police officer. The case is under review by the Supreme Judicial Court. See Mass Appellate Courts - Public Case Information for the briefs
 
Any headway on this? Rather curious myself.

I'm going to keep checking back on C v. Adams because the SJC should render an opinion soon. 4-6 months for turnaround by an appellate court is normal and Adams got argued in early January.
 
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.

I’m confused... it looks like 10(i) is about turning in the license itself:

“MGL C. 269 S 10(i)” said:
  • (i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
 
I’m confused... it looks like 10(i) is about turning in the license itself:
Massachusetts laws are horribly written.
(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
 
I’m confused... it looks like 10(i) is about turning in the license itself:

It is, but read closelier:

(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
 
Massachusetts laws are horribly written.(i) Whoever knowingly fails to deliver or surrender ... a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, ...
Two observations from reading Ch. 140 §129D:
  1. One is only required to surrender or deliver boomsticks that one "possesses". I wonder how far a competent Mass. firearm attorney has ever gotten pushing the Tragic Loan to Out Of State Persons loophole?
  2. The bonded warehouses are required by Mass. statute to be FFLs. Be a shame if Village Vault lost their federal license and could no longer operate as a black hole for guns.
Neither of these observations are absolutely new concepts for NES.
I'm jus' sayin'.
 
Two observations from reading Ch. 140 §129D:
  1. One is only required to surrender or deliver boomsticks that one "possesses". I wonder how far a competent Mass. firearm attorney has ever gotten pushing the Tragic Loan to Out Of State Persons loophole?
  2. The bonded warehouses are required by Mass. statute to be FFLs. Be a shame if Village Vault lost their federal license and could no longer operate as a black hole for guns.
Neither of these observations are absolutely new concepts for NES.
I'm jus' sayin'.

I've got a client charged with failure to report lost/stolen gun because he had loaned it out to someone when the police came looking for it.

One of the things I wonder about with this statute is if it's supposed to be applied to each thing not turned in or if it applies as one charge. Say a guy owns 20 guns + ammo + LTC: is he charged once for failing to turn in the guns, once for failing to turn in the ammo, and once for failing to turn in the LTC, or is he charged 22 times (each gun + ammo + license)? If it's the second option, e.g. one charge per withheld item, how does that in any way work with ammo if someone has thousands of rounds + uncontrolled items like reloading components?
 
I've got a client charged with failure to report lost/stolen gun because he had loaned it out to someone when the police came looking for it.
One could ask a number of questions that
you're especially unable to answer while the case is open.

This is not a troll vvvvv.
Do us a solid and say what you can once the dust has settled, would you please?
That was not a troll ^^^^^.

10(i) itself doesn't but ch. 140, sec. 129D does require the surrender of ammo.
Now that's nuance.

Law A says "surrender contraband class X in the style of Law B".
Law B describes the surrender of contraband classes X and Y
in the event of violating a different requirement.
So does Law A require surrender of contraband class Y?
 
One of the things I wonder about with this statute is if it's supposed to be applied to each thing not turned in or if it applies as one charge. Say a guy owns 20 guns + ammo + LTC: is he charged once for failing to turn in the guns, once for failing to turn in the ammo, and once for failing to turn in the LTC, or is he charged 22 times (each gun + ammo + license)? If it's the second option, e.g. one charge per withheld item, how does that in any way work with ammo if someone has thousands of rounds + uncontrolled items like reloading components?
(All of a sudden keeping ammo in its original container to satisfy Fire Marshall Bill,
instead of strewing it all over the house in pockets, pants cuffs, dryer lint traps,
boot cleats, under your car seat, etc. doesn't sound so bad after all, eh folks?)
 
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