Question?????

[portable75]

Whats the gun charge? Because he was in possession of the drugs? It did not say he did not have a permit. Just curious........


By WGGB Staff

NORTHAMPTON, Mass. (WGGB) -- Police have arrested a 58-year-old city man on drug and firearms charges Thursday after a raid conducted at his home allegedly resulted in the seizure of prescription pain killers and several guns.

According to Springfield Police Department Sgt. John Delaney, the 6:30 p.m. raid on 20 Lorimer St., was a result of an investigation into the suspicion detectives assigned to the city's Narcotics Division had that Patrick Daly had been dealing the prescription painkiller Oxycontin from the residence in the city's Indian Orchard neighborhood.

"(The police) did a great job in helping out the normally quiet neighborhood," said Delaney in a statement sent to the media Friday.

Daly was arrested in the backyard of the address with a 9mm handgun and a bottle of Oxycontin in his possession, according to Delaney. However, officers allegedly found 220 Oxycontin pills, with an estimated street value of over $5,000, in the home, as well as four other handguns, a .22-caliber rifle and $2,200 in cash.

Daly is facing charges of trafficking a class A drug in a quantity between 28 and 100 grams, and possession of a large-capacity firearm in the commission of a felony, according to police.

He appeared in Springfield District Court Friday where his arraignment had been continued until May 17, according to Hampden County District Attorney William Bennett's office.

 

[EcHo]

Whats the gun charge? Because he was in possession of the drugs? It did not say he did not have a permit. Just curious........


By WGGB Staff

NORTHAMPTON, Mass. (WGGB) -- Police have arrested a 58-year-old city man on drug and firearms charges Thursday after a raid conducted at his home allegedly resulted in the seizure of prescription pain killers and several guns.

According to Springfield Police Department Sgt. John Delaney, the 6:30 p.m. raid on 20 Lorimer St., was a result of an investigation into the suspicion detectives assigned to the city's Narcotics Division had that Patrick Daly had been dealing the prescription painkiller Oxycontin from the residence in the city's Indian Orchard neighborhood.

"(The police) did a great job in helping out the normally quiet neighborhood," said Delaney in a statement sent to the media Friday.

Daly was arrested in the backyard of the address with a 9mm handgun and a bottle of Oxycontin in his possession, according to Delaney. However, officers allegedly found 220 Oxycontin pills, with an estimated street value of over $5,000, in the home, as well as four other handguns, a .22-caliber rifle and $2,200 in cash.

Daly is facing charges of trafficking a class A drug in a quantity between 28 and 100 grams, and possession of a large-capacity firearm in the commission of a felony, according to police.

He appeared in Springfield District Court Friday where his arraignment had been continued until May 17, according to Hampden County District Attorney William Bennett's office.

I'm no lawyer, but I see a few things that could have earned him what the media lumps together as "firearms charges". Other than the obvious one above where he used a firearm in the commission of a crime, he could have done any combination of the following:

1) Some of the four handguns seized could be "assault weapons" or had post-ban high-cap mags in them (both felonies).
2) Firearms were most likely improperly stored, especially since the criminally inclined tend to commit more than one crime at once.
3) Possession of firearms/ammo without a license. Now, licensed gun owners aren't 100% crime-free, but the fact that this guy was selling prescription drugs out of his house leads me to believe he's not smart enough to get a permit.

The media doesn't usually report on the LTC/FID status of people arrested for gun crimes. Occasionally they do, but usually not.

 

[Scrivener]

Whats the gun charge? Because he was in possession of the drugs? It did not say he did not have a permit. Just curious........

From the article YOU posted:

... possession of a large-capacity firearm in the commission of a felony, according to police.

 

[portable75]

Duh...never thought of your 1 and 2.............

 

[portable75]

From the article YOU posted:

Thanks but still not 100% sure what that means....

 

[CRSIII]

EZ Keith.

 

[william_munny]

Thanks but still not 100% sure what that means....

He had a 9mm handgun in his possession at the same time as he had narcotics with intent to distribute. That constitutes as possession of a firearm in the commission of a felony, even if the gun was holstered and not being used during the actual felony.

 

[GSG]

Thanks but still not 100% sure what that means....

The law that covers possession of a large capacity firearm or feeding device is Massachusetts General Laws Chapter 269 Section 10(m), which says:

(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.

However, this guy was charged with MGL 265-18B, which says:

Chapter 265: Section 18B. Use of firearms while committing a felony; second or subsequent offenses; punishment


Section 18B. Whoever, while in the commission of or the attempted commission of an offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than five years; provided, however, that if such firearm, rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140, or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, as defined in said section 121, such person shall be punished by imprisonment in the state prison for not less than ten years. Whoever has committed an offense which may be punished by imprisonment in the state prison and had in his possession or under his control a firearm, rifle or shotgun including, but not limited to, a large capacity weapon or machine gun and who thereafter, while in the commission or the attempted commission of a second or subsequent offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than 20 years; provided, however, that if such firearm, rifle or shotgun is a large capacity semiautomatic weapon or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, such person shall be punished by imprisonment in the state prison for not less than 25 years.

A sentence imposed under this section for a second or subsequent offense shall not be reduced nor suspended, nor shall any person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

Basically, they charged him with it because the possible penalty will result in a lot more jail time, as you can see in the portions of the law that I bolded.

 

[mousegunfan]

My guess is he does not have a permit. Some one that age selling drugs ( alleged) must have prior issues with the law. 58 year olds don't just wake up one day and start selling drugs.

Or the guy could be a citizen in pain who acquired the drugs for that purpose. Still illegal.

 

[GSG]

Whats the gun charge? Because he was in possession of the drugs? It did not say he did not have a permit. Just curious........

Also, even if you have a permit, you can still be charged with violating MGL 265-18B. Although it's rare, people with permits do commit crimes, and criminals do sometimes obtain permits.