N.H. teenager arrested in Leominster mall for carrying loaded handgun

blindfire

blindfire

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So many fails in this story.

http://www.sentinelandenterprise.co...rested-leominster-mall-carrying#ixzz4Se9pnyDs

1. From NH and is shopping in Leominster, MA for shoes???? WTF!
2. Carrying a 9mm in his wasteband thug style.
3. Mom was also shopping with him...did she not know about the gun?
4. 17 years old.
5. No clue what a license to carry a firearm is. (Ok...almost going to give him a break since he is from a free state).
6. Gun was stolen.

I think that covers it.

WOW
 
The juvenile, he said, was in possession of a Ruger 9 mm semi-automatic pistol that was fully loaded.
Click to expand...

Whoa! Not fully loaded. If he only had a few rounds in the magazine, well, maybe we'd give him a pass. But fully loaded?! That's so dangerous!
 
ScottS said:
Whoa! Not fully loaded. If he only had a few rounds in the magazine, well, maybe we'd give him a pass. But fully loaded?! That's so dangerous!
Click to expand...

To be fair, if you're shooting the Timed or Rapid fire during the National Match Course you can only load 5 rounds. Maybe he was a competitive shooter? [grin]
 
Admin said:
To be fair, if you're shooting the Timed or Rapid fire during the National Match Course you can only load 5 rounds. Maybe he was a competitive shooter? [grin]
Click to expand...

or a member at a fudd club like Angle tree lol. 5 shots vewy vewy slowly...we're hunting wabbits
 
blindfire said:
So many fails in this story.
1. From NH and is shopping in Leominster, MA for shoes???? WTF!
.....
3. Mom was also shopping with him...did she not know about the gun?
Click to expand...
Did they feel compelled to pay sales tax?


This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
 
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42! said:
Why do I think he was lying about #1 and #5
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Very good point.

Rob Boudrie said:
Did they feel compelled to pay sales tax?


This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
Click to expand...

Well, the simple fact that he was "brandishing" and causing a public disturbance is probably how they'd go. Remember, the cops have thousands of laws on the books to choose from with which to screw you.
 
Pretty sure #5 is the kid lying. Even in NH you need a license to CCW loaded (or loaded in a car). So him not claiming to know what is a license to [conceal] carry, sounds a lot like he's trying to claim innocence and wiggle his way out.
 
Rob Boudrie said:
Did they feel compelled to pay sales tax?


This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
Click to expand...

Does it qualify as a stop if they don't detain him, instead just walking up and asking if he has a license? At that point his response should take care of the rest.
 
Rob Boudrie said:
Did they feel compelled to pay sales tax?


This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
Click to expand...


Cmon man, trying to apply Couture here is a stretch, dont you think? Clerks call cops, cops ask if he has an LTC according to the linked article, and its all downhill from there.

I do think tho, that you are correct in the "obviously this kid wasnt 21" in the police reports narrative
 
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schemingbunny said:
Pretty sure #5 is the kid lying. Even in NH you need a license to CCW loaded (or loaded in a car). So him not claiming to know what is a license to [conceal] carry, sounds a lot like he's trying to claim innocence and wiggle his way out.
Click to expand...

Perhaps not. In NH, anyone can own and open carry a pistol. If it was in his waist band, grip visible, and recognizable as a firearm, it meets the requirements of Open Carry as I understand them.

And before you say "He can't own a pistol at 17". Yes he can. In NH, there is no minimum age for pistol ownership. If it was a private sale or a gift, it's completely legal. He can even get a PRL under 18.
 
noxin said:
Perhaps not. In NH, anyone can own and open carry a pistol. If it was in his waist band, grip visible, and recognizable as a firearm, it meets the requirements of Open Carry as I understand them.

And before you say "He can't own a pistol at 17". Yes he can. In NH, there is no minimum age for pistol ownership. If it was a private sale or a gift, it's completely legal. He can even get a PRL under 18.
Click to expand...

Now that would be a legit argument (obviously he will lose because hes in MA, not NH, but playing the I didnt know card may be effective) to possibly see some leniency here in MA
 
GPP said:
Now that would be a legit argument (obviously he will lose because hes in MA, not NH, but playing the I didnt know card may be effective) to possibly see some leniency here in MA
Click to expand...

Plus "Stolen Gun" and Standard Cap Magazines probably
 
Rob Boudrie said:
This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
Click to expand...

I know someone who got his LTC at the age of 18, he just couldn't purchase a handgun from an FFL until he was 21.
 
Rob Boudrie said:
Did they feel compelled to pay sales tax?


This will make an interesting case since under Commonwealth v. Couture, the mere carrying a gun in MA is not cause for a police stop since it cannot be assumed said carry is unlicensed. Working against the defense, however, would be the police claim the person was "obviously under 21 and therefore not licensed".
Click to expand...


No picture of the kid, but I have seen 17 year olds that look like they're 21, and I've seen 30 year olds who look 17. How can they assume he was under 21?
 
GPP said:
Simkin? Are you privy to more info than the attached article?
Click to expand...
I am not "privy" to anything more than the public record of other cases.

1. Commonwealth v. Couture established that the mere site of someone with a gun is NOT a reason to stop the person absent any other indication the gun is illegal. This is largely ignored by the police but may be raised in court. This could be raised as a defense by the miscreant, however, the police will counter that his obvious under 21 age is an indication he was not licensed and thus the carry could be assumed unlawful.

2. Simkin v. Commonwealth established that "Simkin is not responsible for alarm caused to others by his mere carrying of concealed weapons pursuant to a license permitting him to do exactly that". I offered this case as an explanation as to why a charge of "causing a public disturbance" or similar just because he was seen with a gun would not fly.

See

http://masscases.com/cases/sjc/407/407mass178.html

http://masscases.com/cases/sjc/466/466mass168.html



 
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