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Pelham Mass Chief: ‘Improperly stored arsenal’ described in trial

Spanz said:
this is good.
if law enforcement sees how the liberals will go after them in retirement, maybe they will be far less willing to side with unconstitutional confiscation orders coming from moonbat liberals?
Click to expand...

doubt

Also remember he was retired only “cuz guns” and being involved in the shit show with the kid the a**h*** dad and the rented micro? uzi that nobody should have been shooting.

most will think they immune because they’re infinitesimally more boring.
 
Reptile said:
Good Lord, please give me a summary!
Click to expand...
Summary: The "safe storage" law is an all-powerful "one-and-done" law enforcement tool in which any violation+conviction is a felony and a felony means prohibited person and no guns ever again for life ("safe stored" or otherwise)... therefore, no repeat offenders possible. 0% recidivism rate. One and done! [rockon]
 
EJFudd said:
Summary: The "safe storage" law is an all-powerful "one-and-done" law enforcement tool in which any violation+conviction is a felony and a felony means prohibited person and no guns ever again for life ("safe stored" or otherwise)... therefore, no repeat offenders possible. 0% recidivism rate. One and done! [rockon]
Click to expand...
How’s Boston working out?
 
Fleury may not be a good guy but if is case works out in his favor - it is a win for us.
 
Fleury bought his railroad ticket a long time ago, and they're gonna give him the ride even if it kills him. Especially if it kills him.
 
Generally when the SMC takes a case sua sponte it means they want to make a point and that does not foretell favorable rulings when they grab gun cases.

I believe they grabbed a gun case sua sponte before the 1976 handgun ban referendum so that the public could be confident the ban was constitutional and thus improve the chances of it passing.
 
All chargers dismissed. Because

The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.
 
SJC Decision Today


"GEORGES, J. This case presents the question whether firearms found to be improperly secured, according to the requirements of G. L. c. 140, § 131L, are subject to forfeiture 2 under G. L. c. 276, § 3 (b), which regulates the disposal of certain firearms seized during the execution of a search warrant. For the foregoing reasons, we conclude that they are not. Accordingly, the Superior Court judge's order allowing the forfeiture must be vacated and set aside. "

"Fleury intends to sell the twelve firearms in question, through a designee, now that he is permanently forbidden from owning or possessing a firearm himself. General Laws c. 140, § 129D, not only explicitly establishes "the right" to "transfer the firearms" to "any other person legally permitted to purchase or take possession of" them, but also provides that the "licensing authority shall at the time of delivery or surrender inform the person in writing" that this right exists. "
 
He had 240 firearms… that’s impressive to me. Is this when we learn the 12 in question have been “misplaced” in the evidence room or warehouse?
 
Bruff said:
SJC Decision Today


"GEORGES, J. This case presents the question whether firearms found to be improperly secured, according to the requirements of G. L. c. 140, § 131L, are subject to forfeiture 2 under G. L. c. 276, § 3 (b), which regulates the disposal of certain firearms seized during the execution of a search warrant. For the foregoing reasons, we conclude that they are not. Accordingly, the Superior Court judge's order allowing the forfeiture must be vacated and set aside. "

"Fleury intends to sell the twelve firearms in question, through a designee, now that he is permanently forbidden from owning or possessing a firearm himself. General Laws c. 140, § 129D, not only explicitly establishes "the right" to "transfer the firearms" to "any other person legally permitted to purchase or take possession of" them, but also provides that the "licensing authority shall at the time of delivery or surrender inform the person in writing" that this right exists. "
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So a small victory for Mister Fleury that may someday help someone else caught in the state's "Safe Storage" trap. [thinking]
 
What is most unusual about this case is that the MA SJC grabbed the case sua sponte, which more often happens when they see a gun case and want to make sure there is not a favorable decision to legal gun owners. The decision is most surprising given the venue, and how it got there.
 
Rob Boudrie said:
What is most unusual about this case is that the MA SJC grabbed the case sua sponte, which more often happens when they see a gun case and want to make sure there is not a favorable decision to legal gun owners. The decision is most surprising given the venue, and how it got there.
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Is it possible they did it this way on purpose to prevent it from getting legs maybe in federal court or something?
 
Rob Boudrie said:
What is most unusual about this case is that the MA SJC grabbed the case sua sponte, which more often happens when they see a gun case and want to make sure there is not a favorable decision to legal gun owners. The decision is most surprising given the venue, and how it got there.
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Probably would have been different if he wasn't LEO
 
Drix said:
Probably would have been different if he wasn't LEO
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LMAO do you know who he is? Fleury was long "unwashed" before this trial happened. As a matter of fact he was pretty much "marked" for punishment because he made the
sin of not getting the f*** out of mass after the AG failed to prosecute him with bullshit charges in the wake of the micro uzi kid shooting himself in the head at Westfield (he ran that
whole event).
 
How does this ruling affect safe storage from now on?

Do I still need a trigger lock or safe for guns?
 
Reptile said:
How does this ruling affect safe storage from now on?

Do I still need a trigger lock or safe for guns?
Click to expand...

I'd bet that we will never know until one of us peasants is jacked up for improper storage and the case is appealed.
 
Bruff said:
"GEORGES, J. This case presents the question whether firearms found to be improperly secured, according to the requirements of G. L. c. 140, § 131L, are subject to forfeiture 2 under G. L. c. 276, § 3 (b), which regulates the disposal of certain firearms seized during the execution of a search warrant. For the foregoing reasons, we conclude that they are not. Accordingly, the Superior Court judge's order allowing the forfeiture must be vacated and set aside. "
Click to expand...
What I want to know is whether the guns were cooling off
in some evidence closet, or a bonded warehouse.

If the latter, will they present the police department with the bill?
 
drgrant said:
LMAO do you know who he is? Fleury was long "unwashed" before this trial happened. As a matter of fact he was pretty much "marked" for punishment because he made the
sin of not getting the f*** out of mass after the AG failed to prosecute him with bullshit charges in the wake of the micro uzi kid shooting himself in the head at Westfield (he ran that
whole event).
Click to expand...
Are you saying that Mass DA's are vindictive?
 
Once the system sets sights on someone the goal is a win, not justice. If it is a minor offense and it is obviously you are not guilty, you are much more likely to get a CWOF than a nolle prosse.
 
Reptile said:
How does this ruling affect safe storage from now on?
Click to expand...
PD can't seize your guns anymore for civil asset forfeiture. They have to notify and allow you to transfer/sell/otherwise dispose of them to a lawful third party (FFL or another licensed person). I'm wondering if this will help get rid of bonded warehouse theft and kickback corruption.
Reptile said:
Do I still need a trigger lock or safe for guns?
Click to expand...
SCotUS said this requirement is a violation of the 2A in D.C. C. Heller, but MA still says "lol, serf lick muh bewts"
 
drgrant said:
LMAO do you know who he is? Fleury was long "unwashed" before this trial happened. As a matter of fact he was pretty much "marked" for punishment because he made the
sin of not getting the f*** out of mass after the AG failed to prosecute him with bullshit charges in the wake of the micro uzi kid shooting himself in the head at Westfield (he ran that
whole event).
Click to expand...
And the $64,000 question is WHY didn't he GTFO of Ma.
 

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