Patriot Arms Ipswitch loses appeal - more BS!

[grey]

unreal

Appeals court upholds dismissal of suit over firearms charges

IPSWICH — A Superior Court judge was right to dismiss a lawsuit brought by an Ipswich gun shop owner against the town and police over firearms charges, the state Appeals

www.salemnews.com

 

[Rat187]

my shocked face

 

[grey]

my shocked face

Now gun shops, with all their required security etc, need to trigger lock every gun every night? Bad precedent

 

[Picton]

Ah yes.

Qualified Immunity. That's raising its pesky head all over the place these days.

 

[Rat187]

Nothing in this 'Wealth' surprises me anymore....lol

We are soooo effed if we comply....

 

[Reptile]

So, what does this mean?

Do dealers have to keep their guns in safes rather than on display?

 

[42!]

Frankly, the store owner should have stopped when the charges were dismissed. He got off lucky when his son stole the guns from his own shop. But he wanted that big paycheck too. Now there is a Superior Court decision that the law applies to shops, they were better off when the question still existed. Now the next guy will get charged AND convicted.

John Goudreau and his attorney persuaded an Ipswich District Court judge to dismiss the charge, arguing the section of the law requiring guns to be stored in a locked and secure manner does not apply to sellers.

 

[Lefty38-55]

Now gun shops, with all their required security etc, need to trigger lock every gun every night? Bad precedent

Some shops already do that, but due to their liability insurance requirements ...

 

[CrackPot]

DUPE

Gun Stores - Firearms Storage

Haven't seen this posted anywhere yet, but his ruling just came down wrt storage. After a judge dismissed criminal charges against an Ipswich gun dealer whose recently released convict son walked out of the store with two guns kept in unlocked boxes out back, the dealer sued the town's police...

northeastshooters.com

By over 3 days

And where in MGL 140 131L is there any type of exemption for dealers?

 

[robjax]

I guess this is how the justice system works now.....


"the court opted to decide the case without hearing arguments."

 

[Thinking]

I’m confused. Why would a dealer NOT have to lock up his/her guns like everybody else?

 

[42!]

I’m confused. Why would a dealer NOT have to lock up his/her guns like everybody else?

We're not talking about locking them up at night, we're talking about them locking them up during the day when they are open. No more picking up a rifle from a rack and looking at it.

 

[grey]

I’m confused. Why would a dealer NOT have to lock up his/her guns like everybody else?

The whole facility is locked

 

[42!]

The whole facility is locked

It doesn't count to lock your house, it won't count to lock the store, and what about when they are open

 

[Thinking]

We're not talking about locking them up at night, we're talking about them locking them up during the day when they are open. No more picking up a rifle from a rack and looking at it.

I pick up rifles and shotguns at stores that use trigger locks all the time

 

[grey]

It doesn't count to lock your house, it won't count to lock the store, and what about when they are open

It should. There's no sq ft requirement for "locked container" either. My whole basement is locked. Does that count? That's the absurdity

 

[42!]

It should. There's no sq ft requirement for "locked container" either. My whole basement is locked. Does that count? That's the absurdity

I'm not arguing what should be, I'm pointing out what is.

I live in NH, my properly stored handgun is sitting on my coffee table right now, later it will be on the nightstand, always within arms reach and no trigger lock.

 

[AHM]

It should. There's no sq ft requirement for "locked container" either. My whole basement is locked. Does that count? That's the absurdity

The answer to your rhetorical question probably is in this 187 post thread.

 

[AHM]

The answer to your rhetorical question probably is in this 187 post thread.

Here we go: Commonwealth vs. Stephen Parzick

 

[grey]

The answer to your rhetorical question probably is in this 187 post thread.

Clear as mud!

 

[amm5061]

And where in MGL 140 131L is there any type of exemption for dealers?

Right next to the one that protects cops who recycle their firearms.

 

[AHM]

Clear as mud!

No contest; I didn't think I was going to envy someone sifting that thread for hard date.

It's the actual court cite that I subsequently found after first posting the spray'n'pray link
that's potentially legal research gold.
I'm not saying it's agreeable; I'm saying it's relevant to locked rooms as storage containers.

 

[AHM]

Right next to the one that protects cops who recycle their firearms.

Hey, we've firmly established that Chelmsford allows recycling Zytel M&P frames.

 

[42!]

No contest; I didn't think I was going to envy someone sifting that thread for hard date.

It's the actual court cite that I subsequently found after first posting the spray'n'pray link
that's potentially legal research gold.
I'm not saying it's agreeable; I'm saying it's relevant to locked rooms as storage containers.

I wonder if this can be used to justify a locked bedroom provided the lock is a entry door, key, type and not one of those cheap bathroom privacy locks?

 

[AHM]

I wonder if this can be used to justify a locked bedroom provided the lock is a entry door, key, type and not one of those cheap bathroom privacy locks?

Spoiler: I've got some really bad news for you

Now it's a 188-post thread.

 

[grey]

I like that place. Mass only tells you what not cool, on a case by case basis,, instead of defining ok. Fantastic

 

[Rob Boudrie]

" The case had been scheduled to be argued last spring, but in those early days of the COVID-19 pandemic, the court opted to decide the case without hearing arguments. "

Wow.

 

[namedpipes]

Here we go: Commonwealth vs. Stephen Parzick

Not tackling the 187 post thread but:

... guns stored in an unlocked bedroom closet within a locked bedroom were not "secured in a locked container" as required by the statute, in that the bedroom door lock was easily defeated by anyone with a bobby pin ...

I should hope if the closet, instead had a steel door, reinforced walls, floor and ceiling and a serious door lock like on one's front door, the verdict would have been Not Guilty.

Although in this state, who knows...

 

[Rob Boudrie]

I should hope if the closet, instead had a steel door, reinforced walls, floor and ceiling and a serious door lock like on one's front door, the verdict would have been Not Guilty.

If you read the entirety, the conclusion a reasonable person would come to is "yeah right, no way that was intended as a locked container, it was a story concocted ex-post-facto as a defense.". The privacy latch on the bedroom door isn't even what one would call a "lock" - it makes a TSA padlock look like a GSA approved lock for classified material. The courts ruling was long winded for "we're not going fall for that".

The decision used a term "all but the most determined."

A problem for shops is they often leave inventory unlocked during the day - display cases that have to be opened or guns on the shelf in a backroom. Plus the issue of unlocked long guns on the sales floor. Not a problem ... until a customer or employee bogarts one and the theft is reported.

NEVER report a stolen gun. Report a stolen trigger lock and be sure to mention the model and serial # of the gun attached to your stolen lock .