Police: Woburn Man Who Just Received License To Carry Accidentally Shoots Friend While Showing New Gun

[Palladin]

There is a permit to purchase a handgun in MA??

There's never been one issued

 

[AHM]

The prosecution could get one witness who did not give permission ...

Which they're only going to do if they remember to do so.

... or, as I have said, the burden of proof may be on the defendant.

What makes this so special?

How come every single prosecution of someone
who the police "like" for a crime
doesn't involve the prosecutor pulling that?

 

[Rob Boudrie]

There is a permit to purchase a handgun in MA??

Comm2a filed requests for data on the state and although the law provides for it, the state was not able to find a record of any such permit ever having been issued.

 

[chuckules]

Comm2a filed requests for data on the state and although the law provides for it, the state was not able to find a record of any such permit ever having been issued.

Way back before grace periods, my LTC was going to expire (I had an FID also), and I didn’t think the renewal would make it.

I said so to the licensing officer (Rockland PD) and he said “That’s OK. If it doesn’t make it, I’ll just write up some PTP’s”. Me: “13 of them?” LEO: “Sure”.

But it didn’t happen - renewal came. Closest I’ve come to a PTP in the wild. Kinda like I talked to a guy who saw Bigfoot.

 

[dcmdon]

Someone should try to get one. Just to see if the state will issue you one.

Can anyone provide a link to any statute or regulation that references them?

 

[chuckules]

Someone should try to get one. Just to see if the state will issue you one.

Can anyone provide a link to any statute or regulation that references them?

General Law - Part I, Title XX, Chapter 140, Section 131A

malegislature.gov

Section 131A. A licensing authority under section one hundred and thirty-one, upon the application of a person qualified to be granted a license thereunder by such authority, may grant to such a person, other than a minor, a permit to purchase, rent or lease a firearm if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. The colonel of the state police or a person authorized by him, upon the application of a person licensed under section one hundred and thirty-one F, may grant to such licensee, other than a minor, a permit to purchase, rent or lease a firearm, rifle or shotgun, or to purchase ammunition therefor, if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. Such permits shall be issued on forms furnished by the commissioner of the department of criminal justice information services shall be valid for not more than ten days after issue, and a copy of every such permit so issued shall within one week thereafter be sent to the said executive director.

etc.

 

[dcmdon]

Thank you very much. This is very interesting.

I assume no such forms exist?

Also interesting is that this would allow a minor to purchase a handgun. Though federal law doesn't allow this.

Based on the statute, it certainly fulfills the requirements to comply with Heller/McDonald.

 

[chuckules]

I assume no such forms exist?

I’ve never seen one; makes me wish I’d asked the licensing officer for one to see what I would have got

 

[Rob Boudrie]

Thank you very much. This is very interesting.

I assume no such forms exist?

Also interesting is that this would allow a minor to purchase a handgun. Though federal law doesn't allow this.

Based on the statute, it certainly fulfills the requirements to comply with Heller/McDonald.

It only bans FFL sales to those under 21; private sales 18-20 OK.

 

[Rob Boudrie]

Someone should try to get one. Just to see if the state will issue you one.

Please don't.

The court dismissed the Morin case because the AG claimed that Heller could be satisfied by a PTP+FID. We went to great lengths to show that Morin could not get a PTP, so he then had standing to refile the case.

Interesting though -we were arguing Heller applied to Morin and the federal lifetime DQ for a non-violent misdemeanor was unconstitutional. The AGs counsel argued that Heller was met; not that Heller did not apply; when using the incorrect PTP_FID argument. Does this mean that the AG conceded that Heller applies or is it like saying "I didn't do it, but if can prove I did do it, I was justified because ....."?

 

[jason19711971]

not many one time Four Season customer's.

 

[dcmdon]

Please don't.

The court dismissed the Morin case because the AG claimed that Heller could be satisfied by a PTP+FID. We went to great lengths to show that Morin could not get a PTP, so he then had standing to refile the case.

Interesting though -we were arguing Heller applied to Morin and the federal lifetime DQ for a non-violent misdemeanor was unconstitutional. The AGs counsel argued that Heller was met; not that Heller did not apply; when using the incorrect PTP_FID argument. Does this mean that the AG conceded that Heller applies or is it like saying "I didn't do it, but if can prove I did do it, I was justified because ....."?

So is this still ongoing. You (Comm2a?? ) refiled and what has happened.

Thanks again. This is very informative. I had no idea that this had been adjudicated.

 

[dcmdon]

It only bans FFL sales to those under 21; private sales 18-20 OK.

Ha. Ha. Thanks f ro the clarification. Its been so long since it mattered to me that its all but irrelevant.

But again interesting because it means a 18 year old could (per statute) buy a handgun from a private party with a PTP.

 

[Rob Boudrie]

So is this still ongoing. You (Comm2a?? ) refiled and what has happened.

Thanks again. This is very informative. I had no idea that this had been adjudicated.

Still in process, but before CA1 so the odds are slim.

This first adjudication was in essence "AG informed the court that a PTP+FID satisfied Heller and allows a handgun in the home; the court accepts this declaration and therefore plaintiff has no standing, case dismissed".

 

[MisterHappy]

He just can't buy the black powder.

In Mass. He can go to Kittery, or somewhere in NH.

In Mass he can't get the caps, or balls, either.

 

[Mesatchornug]

In Mass. He can go to Kittery, or somewhere in NH.

In Mass he can't get the caps, or balls, either.

How about flint or slow match?

 

[MisterHappy]

How about flint or slow match?

Neither is mentioned, AFAIK, in the MGLs. Though the DPRM probably would like to regulate the possession of rocks....