Prosecution for Massachusetts General Law c. 140, §§128A and §§128B

[gfields]

To anyone's knowledge, has anyone ever been formally prosecuted (fine or imprisonment) for not abiding by Massachusetts General Law c. 140, §§128A and §§128B?

Is it actively enforced? Has anyone ever been fined or imprisoned according to this law, ie -not registering a firearm on the Gun Transaction Portal?

 

[teaser452]

I don't know. Others will be by to answer. I have never seen anyone prosecuted solely for failing to register. I have seen it as an add on charge.

But it read this while waiting for a response:

https://reason.com/blog/2014/02/18/round-up-tens-of-thousands-of-gun-regist

 

[drgrant]

To anyone's knowledge, has anyone ever been formally prosecuted (fine or imprisonment) for not abiding by Massachusetts General Law c. 140, §§128A and §§128B?

Is it actively enforced? Has anyone ever been fined or imprisoned according to this law, ie -not registering a firearm on the Gun Transaction Portal?

LOL... S128A/B prosecutions? Good luck finding case law on that... but this is what I think when I think about S128A/B...





ETA: To the OP, in all seriousness, if you ever do find case law on the issue (or at least a discussion of it in an MA court case) please share with the class, if you can... because from what I've seen, it's either minimal or nonexistent.

-Mike

 

[Len-2A Training]

Well the ADA tried to make an issue out of the unregistered SKS in the Norfolk Superior Court case I testified at. When he tried to push me to agree with him (ADA) that ALL guns always have to be registered, I shot holes in his argument and he skulked away. Yes, the guy was facing other charges and I do not know if they were also charging him with having an unregistered gun. I was hired as an expert witness to refute the MSP and DA claim that the Norinco SKS was a large-capacity weapon. I know that the judge agreed with my testimony on that issue, however he was convicted on the illegal storage charge.

 

[milktree]

Well the ADA tried to make an issue out of the unregistered SKS in the Norfolk Superior Court case I testified at. When he tried to push me to agree with him (ADA) that ALL guns always have to be registered, I shot holes in his argument and he skulked away. Yes, the guy was facing other charges and I do not know if they were also charging him with having an unregistered gun. I was hired as an expert witness to refute the MSP and DA claim that the Norinco SKS was a large-capacity weapon. I know that the judge agreed with my testimony on that issue, however he was convicted on the illegal storage charge.

Was he actually storing illegally by a definition you'd use, or did he get rammed?

 

[Len-2A Training]

Was he actually storing illegally by a definition you'd use, or did he get rammed?

I wasn't told much about this issue, but what I did hear in passing was that the rifle was stored under his bed with no locking device or case.

He received 18 months in the county jail and Federal PP status for that error.

 

[milktree]

I wasn't told much about this issue, but what I did hear in passing was that the rifle was stored under his bed with no locking device or case.

He received 18 months in the county jail and Federal PP status for that error.

I feel safer already!

 

[MachineHead]

I wasn't told much about this issue, but what I did hear in passing was that the rifle was stored under his bed with no locking device or case.

He received 18 months in the county jail and Federal PP status for that error.

Wish juries would nullify more often. A criminal made from nothing.

 

[drgrant]

Wish juries would nullify more often. A criminal made from nothing.

You assume the guy picked a jury trial, doesn't happen all the time. They might have also gone back to the table and then he sucked for a plea to make it go away.

-Mike

 

[MisterHappy]

Also, remember that 10 % of the people in the PRM are gun owners. They will be screened out during voir dire.

I'm not sure what percentage of the 90% would be libertarian enough to let the guy walk.

If he chose a judge trial, and lost he could have asked for a de novo trial. I sat on a jury long ago, where defendant "didn't understand the sentence" in the original trial before a judge, and got a do-over.

 

[Len-2A Training]

Wish juries would nullify more often. A criminal made from nothing.

You assume the guy picked a jury trial, doesn't happen all the time. They might have also gone back to the table and then he sucked for a plea to make it go away.

-Mike

He chose a trial by judge. No plea bargain, he was convicted. The ADA was out for blood as was the arresting officer. I do not know the back story and witnesses were sequestered, so we were only allowed in the courtroom to testify and then escorted out. Never heard the full set of charges or what anyone else had to say. And I'd have to make a special trip to the courthouse to pull the file to read it and understand what it really was all about.

 

[spt_1955]

Also, remember that 10 % of the people in the PRM are gun owners. They will be screened out during voir dire.

I'm not sure what percentage of the 90% would be libertarian enough to let the guy walk.

If he chose a judge trial, and lost he could have asked for a de novo trial. I sat on a jury long ago, where defendant "didn't understand the sentence" in the original trial before a judge, and got a do-over.

1. got to be higher than 10%. Last statitics I saw were 13% in 2012 and LTC permits have skyrocketed since then. 2. So how does screening out gun owners pass the smell test for "jury of your peer"? Any lawyer who allows that to happen should be sued.

 

[MisterHappy]

1. got to be higher than 10%. Last statitics I saw were 13% in 2012 and LTC permits have skyrocketed since then. 2. So how does screening out gun owners pass the smell test for "jury of your peer"? Any lawyer who allows that to happen should be sued.

First, It's not "jury of your peers" - that's an English phrase (so that Nobles would not be judged by commoners). Here, it's just a jury.

The lawyers (on both sides) get to challenge x number of potential jurors, some for cause, some as peremptory challenges (no reason need be stated.)
In a trial, one of the lawyers will ask "Do you have an LTC," and (under oath) you will say "Yes" - and you will be excused.

I was called up for jury duty, and it was an OUI case. Since I have a relative that was charged with OUI, I was excused. I hope it was not the defense attorney that said "piss off" - there was no injury or damage (based on the facts presented to the potential jurors), so I saw no crime. Of course, I don't have all the facts. Perhaps if I'd been seated,


I'm not saying that the system is fair. I'm saying that if they can kick you out, as you're sympathetic to the defendant, they will.

 

[jpm]

He chose a trial by judge. No plea bargain, he was convicted. The ADA was out for blood as was the arresting officer. I do not know the back story and witnesses were sequestered, so we were only allowed in the courtroom to testify and then escorted out. Never heard the full set of charges or what anyone else had to say. And I'd have to make a special trip to the courthouse to pull the file to read it and understand what it really was all about.

There has to be a lot more to the story than he just had an SKS improperly stored under his bed. I'd bet for one there were young children in the home.

 

[Len-2A Training]

Divorced with a 10 yo Son. Don't think he had custody of the Son and I'm willing to bet the ex dimed him out.

Of course, she now gets to sue him for failure to pay child support while he's in jail.

 

[swatgig]

Divorced with a 10 yo Son. Don't think he had custody of the Son and I'm willing to bet the ex dimed him out.

Of course, she now gets to sue him for failure to pay child support while he's in jail.

Hopefully he filed for a modification based on changed circumstances.