MSP Gun Arrest.

[EC1]

and possession of ammunition of an unlawful caliber

What is this charge? He had a .38.

What the hell is an unlawful caliber?

 

[M1911]

Yes, please, someone explain. I wasn't aware that hollow points were illegal in MA.

They are perfectly legal. But if you don't have an FID or LTC, you can't possess ammunition (whether hollow point or otherwise). I'm guessing that the reporter misunderstood what they were told.

 

[mikem317]

Hollow points are the cop killer, assault bullets, right?

Yes. Especially the super-killy ones that implode.

 

[FSTC]

Okay, I did a search for this press release and couldn't find it on the MSP website nor google. OP, care to cite where you got it?

Facebook.
View attachment 59147

 

[Len-2A Training]

I've just never heard of any MGL like this: 'possession of ammunition of an unlawful caliber'

Neither of us will find this as it is a non-existent law, probably made up by the same sort of legal nitwit as the EOPS attorneys that added "in MA" to the "lawfully possessed" part of 131M wrt pre-ban so-called AWs and pre-ban mags.

Wonder what MGL that is?

I think it's in the same section of law as "contempt of cop" (see Joseph Wambaugh's books for more info on this).

We have Bumper Morgan here enforcing his idea of law!

Maybe the whole gang of cops involved here should attend one of my MA Gun Law seminars and try to learn something?

 

[atilla]

call 'em out and ask for MGL cites.

 

[Len-2A Training]

They are perfectly legal. But if you don't have an FID or LTC, you can't possess ammunition (whether hollow point or otherwise). I'm guessing that the reporter misunderstood what they were told.[/QUOTE]

I don't buy it in this case. It is INTENTIONAL MIS-INFORMATION . . . by the same group that re-wrote S. 131M to meet their objectives (that all pre-ban mags and so-called AWs had to be IN MA on 9/13/1994) w/o benefit of legislative action.

Another piece of proof as to why you do NOT ask police for legal advice on gun issues!!!!

 

[mark056]

Someone made a mistake, pretty simple. The person in charge of public affairs is not a trooper.

 

[davemata]

WTF is this?

and possession of ammunition of an unlawful caliber

What unlawful caliber was he carrying, exactly?

 

[MRE]

call 'em out and ask for MGL cites.

I did. They posted a correction to the timing of the incident, and I commented a few minutes after that. We'll see if they answer.

 

[Horrible]

WTF is this?

What unlawful caliber was he carrying, exactly?

Anything < .45 is illegal for carry

 

[squatch413]

This guy does appear to be a criminal low life, so I won't lose any sleep over the details of his arrest. However, I'm still scratching my head as to why the Staties think hollow points are illegal.



Okay, I guess it's not baffling. They'll throw every single charge at someone and see what sticks.

The problem with your first statement is if it applies to "lowlifes" it can apply to anyone. I definitely agree with the last statement though.

 

[davemata]

Anything < .45 is illegal for carry

Thank god I CC my g21.

 

[bill o]

Someone made a mistake, pretty simple. The person in charge of public affairs is not a trooper.

I know a 25+ year trooper who thought all 30 round AR mags are illegal. They are that ignorant of gun laws. This was either incompetence or deliberate misinformation, not a simple honest mistake by a PR minion.

 

[MRE]

I did. They posted a correction to the timing of the incident, and I commented a few minutes after that. We'll see if they answer.

Response from MSP:

Massachusetts State Police: The Hollow point charge is for not having the proper license to possess the ammunition.

 

[lancecolonel]

Response from MSP:

Massachusetts State Police: The Hollow point charge is for not having the proper license to possess the ammunition.

then wtf is the possession of ammo w/o an fid charge for?

 

[In God We Trust]

They are not illegal in NJ

Yes they are unless the law has changed recently

N.J.S.A 2C:39-3f(1) limits the possession of hollow nose ammunition. However, there is a general exception that allows for the purchase of this ammunition but restricts the possession of it to specified locations. This exception provides that:

(2) Nothing is sub section f (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land . . . [N.J.S.A 26:39-3g (2)].

Thus a person may purchase this ammunition and keep it within the confines of his property. Sub section f (1) further exempts from the prohibited possession of hollow nose ammunition "persons engaged in activities pursuant to N.J.S.A 2C:39-6f. . . ."
N.J.S.A 26:39-3f. (1).

I was referring to CCW with hollow points, so I guess we are both right. Not that anyone can CCW in NJ anyway, so I guess the distinction is moot.

 

[bill o]

Yes they are unless the law has changed recently

Cite the law, please.

 

[retroLS1]

Maybe they thought it was a .380 and charged him for not carrying it in his purse.

 

[edhead35]

WTF is this?

What unlawful caliber was he carrying, exactly?

Any caliber that goes in a gun

 

[WallHack]

This is a very oddly-worded press release. Good catch OP, this might be worth keeping our eyes on.

I must be slacking at work, because this was sent using Tapatalk

 

[maclamb]

I think the more important question should be is if he had convicted once before, why did he go to jail then? As stated other charges not included...Hmmm. The MSP will write as many violations on one incident they can....

No question about it: a bogus report to me.....

 

[Len-2A Training]

Someone made a mistake, pretty simple. The person in charge of public affairs is not a trooper.

Sorry Mark, due to a recent dealing with EOPS Legal Dept, I am of the personal belief that this was intentional and fits a more sinister agenda at the highest levels. Although I will not share more publicly, you can feel free to reach out to me privately (phone only) and I'll explain in more detail.

I know a 25+ year trooper who thought all 30 round AR mags are illegal. They are that ignorant of gun laws. This was either incompetence or deliberate misinformation, not a simple honest mistake by a PR minion.

Yes, there are many officers (local and MSP) that think x is totally illegal for mere mortals to possess. Some 30 years ago I did call MSP with a gun question and was given what I thought was sensible and legal info . . . when I arrived at the airport the Trooper I spoke with there countered with something totally different wrt legality (after being told Corporal x had told me something different). To this day I am unsure who was telling me facts vs. fiction.

 

[lancecolonel]

I think the more important question should be is if he had convicted once before, why did he go to jail then? As stated other charges not included...Hmmm. The MSP will write as many violations on one incident they can....

No question about it: a bogus report to me.....

to add to your question: if he was convicted previously of a gun crime, he is now barred from getting a ltc (and therefore owning or possessing a gun) in mass. yet he still had a gun that carried an "unlawful caliber". i thought our great gun control laws were supposed to prevent such happenings? it has become obvious that we need more laws!!!!!

 

[In God We Trust]

Cite the law, please.

A588

1. N.J.S.2C:39-3 is amended to read as follows:

2C:39-3. Prohibited Weapons and Devices.

a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

f. Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, or (3) any person, other than a law enforcement officer, who knowingly has in his possession handgun ammunition which (a) has a full metal jacket and an ogive with a steel penetrator tip followed by an aluminum core and is therefore capable of breaching or penetrating body armor, or (b) after testing, the Attorney General determines poses a threat to the safety and well being of law enforcement officers because of the materials, be they metallic or nonmetallic, used in its composition or because its ogive, core or jacket are of a design, construction or formulation which makes it capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.

 

[Business]

is there a link to the article so perhaps we could write whoever published it to let them know there retarded

 

[davemata]

Not really, it's on Fecesbook.

 

[terraformer]

I've just never heard of any MGL like this: 'possession of ammunition of an unlawful caliber'

Technically, a cop can charge someone with anything they like, not that they are allowed to or supposed to, but they write a report where they cite statutes by name and offer testimony as to the probable cause for the charges. It gets to court and is dismissed if the charge is bogus and doesn't line up with a statute. I see it often enough that I am not surprised by it any longer. Basically cops are not required by the system to use the same precision as one would hope. Individual PDs and their administrative discipline structure may or may not tolerate this from PD to PD.

 

[ToddDubya]

I'm calling shenanigans on this. Hollow points are openly sold in Wal-mart and other stores- can't be illegal.

A google for the specific charge "possession of ammunition of an unlawful caliber" only reveals one other instance, from 2009 in Pittsfield, MA. At that time, it was a .22 round.

Try buying .22 in Walmart. It must be illegal.

Yes. Especially the super-killy ones that implode.

It's a commonly known fact that hollow points implode, ignite, explode and seek heat.


I'm a little worried that my S&W .38SP Airweight loaded with hollowpoints might get me jammed up. I have an LTC, but not an FID so that charge will definitely stick. It holds 5 rounds and can fire as fast as I pull the trigger. I may pin/weld 3 of the chambers so it can't fire on consecutive trigger pulls.

 

[Bob P]

The loaded gun in the trunk part was the illegal bit. I suspect the report or editor screwed up comma placement.


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