Rifle from 80% lower seized in Rutland MA traffic stop

[Cheesehead]

The following was posted on the Rutland MA Police Department Facebook page this weekend.

This rifle was located and seized during a traffic stop on Main St Friday night. The rifle was fully loaded, with a round in the chamber. The operator of the vehicle was unlawfully in possession of such a weapon and was subsequently arrested on firearms charges, traffic charges and being a minor in possession of alcohol.

 

[MachineHead]

Would this be considered a federal crime based on being unlicensed, unstamped, and what appears to be a barrel under 16"?

 

[Drix]

I wish they'd give full details. Notably is the offender from Massachusetts, and what firearms charges. Failure to do so males it difficult to evaluate someone else mistakes and spot check your firearm knowledge.

To me it looks like:
Transporting a loaded firearm unlocked.
Barrel length under 16"
Failure to register you firearm. (Ma requires registration once a lower is capable of being fired.)
Dubious stamp status

Could also have:

Awb for upinned stock/flash hider
Strangely, mags look like 10 founders based off relative height to body.

 

[Mountain]

Wonder if the kid was speeding or otherwise driving dumb- pretty heavy stupid tax to pay if yes. Not only is it an unlicensed / unregistered SBR, transporting w/ one in the chamber? Lots of fail. I wonder if a local kid- one of my kids might know who.

I don't know the circumstances but in Rutland you normally have to be really asking for it to get police attention. Holden not so much- cops are staked out everywhere, all the time, and more than happy to pull anyone over for minor infractions. Word of warning- don't go through Holden with any firearms unless you are certain that you are 100% compliant w/ MA law. Not the place to tempt fate.

 

[crazymjb]

None of that should be a crime unless he was intoxicated... sigh

Mike

 

[beaker]

Looks like a nice SBR. The kid is in trouble, on many levels. All for not doing any harm to anybody...

 

[drgrant]

Would this be considered a federal crime based on being unlicensed, unstamped, and what appears to be a barrel under 16"?

Only if the state tries to bump this to the feds or the feds suddenly become "interested". Depends on how bored the local ASUA's office is, really.

-Mike

 

[Mr. Gold]

Kid broke 0 "real" laws, all regulatory crap. going to be in shit load of trouble for who knows how long.
Sad.

 

[drgrant]

I wish they'd give full details. Notably is the offender from Massachusetts, and what firearms charges. Failure to do so males it difficult to evaluate someone else mistakes and spot check your firearm knowledge.

To me it looks like:
Transporting a loaded firearm unlocked.

This is probably what they will hang him on the most, difficult to get around this one, and if he's unlicensed he's doubly screwed on that part.

Barrel length under 16"

Only if the feds decide they want to pick this up, not illegal in MA by itself.

Failure to register you firearm. (Ma requires registration once a lower is capable of being fired.)

Never going to happen.

Dubious stamp status

That kinda goes without saying, lol. Again this assumes the feds even bother to pick up this case.

Awb for upinned stock/flash hider

LOL. Doubtful. That thing doesn't look like an FH either, and that stock looks pretty fixed.

My bet is when the dust settles they hang the storage/transport BS and unlicensed posession on him, those are easy bag jobs. Kid probably won't serve time but he's "done" in terms of not being a felon, unless he has a savvy attorney that can figure out if the cops ****ed up the
arrest and get the whole thing tossed or tuned down into something else.

-Mike

 

[ColdDayInHell]

Nice rifle.

and +1 to drgrant for his blow-by-blow. Pretty accurate IMHO.

 

[LoginName]

Having been built on an 80% lower, it's possible it may attract the feds attention more than if it was a serialized one.

At the very least, they might want to question the kid as to where and how he got it.

Did he make it himself?

Did he steal it and from whom?

Did someone else put it together and is illegally selling them?

LOL. Doubtful. That thing doesn't look like an FH either, and that stock looks pretty fixed.

-Mike

I had to save the pic and enlarge it, but it looks like a Yankee Hill Machine FH...

http://yhm.net/accessories/muzzle-accessories.html?limit=all

Pretty much a minor point when put in perspective with everything else they're charging him with.

 

[Tango680]

Cue "ghost gun" story on 5:00 news and article in the globe.....

 

[Rob Boudrie]

At least the kid got the satisfaction of being referred to as an "operator"

 

[Smash05]

This is probably what they will hang him on the most, difficult to get around this one, and if he's unlicensed he's doubly screwed on that part.



Only if the feds decide they want to pick this up, not illegal in MA by itself.




Never going to happen.



That kinda goes without saying, lol. Again this assumes the feds even bother to pick up this case.



LOL. Doubtful. That thing doesn't look like an FH either, and that stock looks pretty fixed.

My bet is when the dust settles they hang the storage/transport BS and unlicensed posession on him, those are easy bag jobs. Kid probably won't serve time but he's "done" in terms of not being a felon, unless he has a savvy attorney that can figure out if the cops ****ed up the
arrest and get the whole thing tossed or tuned down into something else.

-Mike

If the muzzle device isn't pinned they will charge him.

 

[righteousbarbarian]

Kid broke 0 "real" laws, all regulatory crap. going to be in shit load of trouble for who knows how long.
Sad.

It's a good opportunity for jury nullification.

 

[Len-2A Training]

Possession of a loaded long gun in any motorized vehicle is illegal but unsure if only EPOs can prosecute that or if any LEO can do so.

 

[drgrant]

If the muzzle device isn't pinned they will charge him.

Depends on whether they go FR on examining the thing, they got enough to hang the kid as it is...

-Mike

 

[Mountain]

This is probably what they will hang him on the most, difficult to get around this one, and if he's unlicensed he's doubly screwed on that part.



Only if the feds decide they want to pick this up, not illegal in MA by itself.




Never going to happen.



That kinda goes without saying, lol. Again this assumes the feds even bother to pick up this case.



LOL. Doubtful. That thing doesn't look like an FH either, and that stock looks pretty fixed.

My bet is when the dust settles they hang the storage/transport BS and unlicensed posession on him, those are easy bag jobs. Kid probably won't serve time but he's "done" in terms of not being a felon, unless he has a savvy attorney that can figure out if the cops ****ed up the
arrest and get the whole thing tossed or tuned down into something else.

-Mike

The kid has a chance it won't get too ugly if he's local and has a clean record. Rutland doesn't have a big moonbat cadre nor busy-body bluehair population that will be screaming for 'justice'. Yes a shame that it's so much trouble for regulatory reasons & functionally his 'SBR' is negligibly different from any carbine with a pinned comp for 16" total. A few miles down the road and he certainly would be facing every single charge possible.

 

[fencer]

It is a shame, and hopefully it won't ruin his life, but frankly, the kid is an effin retard.

He had to know that the rifle could get him in some hot water. You would think he would be extra careful about traffic laws. And he is a minor in possession of alcohol. Boy is about as sharp as a bowling ball. Can't wait to hear the rest of the story.

 

[KBCraig]

Would this be considered a federal crime based on being unlicensed, unstamped, and what appears to be a barrel under 16"?

Only for the barrel length, if it's truly under 16". The muzzle device counts towards barrel length if it's permanently attached.

I'd like to know his actual age. If he's under 18, the feds won't touch him. If he's 20, they might. Not likely, but possible.

 

[xtry51]

It is a shame, and hopefully it won't ruin his life, but frankly, the kid is an effin retard.

He had to know that the rifle could get him in some hot water. You would think he would be extra careful about traffic laws. And he is a minor in possession of alcohol. Boy is about as sharp as a bowling ball. Can't wait to hear the rest of the story.

This. When you start coupling illegal things together, you increase the odds of getting fully ****ed exponentially.

Drinking in the car, or having alcohol even visible in any passenger compartment is pretty much an open lane for an overzealous officer to ransack your car. If I buy booze I keep it in the trunk or at least fully covered.

 

[Da_lucche]

The kid has a chance it won't get too ugly if he's local and has a clean record. Rutland doesn't have a big moonbat cadre nor busy-body bluehair population that will be screaming for 'justice'. Yes a shame that it's so much trouble for regulatory reasons & functionally his 'SBR' is negligibly different from any carbine with a pinned comp for 16" total. A few miles down the road and he certainly would be facing every single charge possible.

They seem pretty full retard for posting this on their Facebook.

 

[rkwjunior]

Now, why would the Feds leave this alone, he broke a federal law, so why wouldn't they pursue it?

 

[knfmn]

Now, why would the Feds leave this alone, he broke a federal law, so why wouldn't they pursue it?

The feds will often skip prosecuting stuff like this when the person involved has a bunch of other charges against them. The feds could charge him with one or two offenses and take a chance on losing the case, or they can let the state throw the book at him....the odds are really good that *something* is going to stick on the local level. The feds also have a terrible track record when it comes to prosecuting a lot of things. There are *many* people who fail NICS checks every year because they are prohibited persons, but the feds almost never pursue cases against them.

 

[xtry51]

Because feds basically never prosecute gun crimes unless they have some weird stick up their ass about something else. Just like how less than 0.1% of felons being denied purchase of a firearm are ever prosecuted.

 

[Len-2A Training]

Now, why would the Feds leave this alone, he broke a federal law, so why wouldn't they pursue it?

They usually only go after big cases or those that will result in significant press coverage.

 

[ColdDayInHell]

Subbed.

Now, why would the Feds leave this alone, he broke a federal law, so why wouldn't they pursue it?

Would you like them to?

 

[LoginName]

Because feds basically never prosecute gun crimes unless they have some weird stick up their ass about something else. Just like how less than 0.1% of felons being denied purchase of a firearm are ever prosecuted.

That's why I think there might be the possibility (however slight), that they might put the screws to the kid simply because
the firearm/SBR was built from an 80% receiver... not that it makes it any more or less illegal, but because all this "ghost gun"
shit has been getting attention and has the antis up in arms.

At a minimum, they might want to question him about how he obtained it, from whom, and if he performed the work himself,
if he has anymore in his possession.

 

[SIGPRO 226]

Having been built on an 80% lower, it's possible it may attract the feds attention more than if it was a serialized one.

At the very least, they might want to question the kid as to where and how he got it.

Did he make it himself?

Did he steal it and from whom?

Did someone else put it together and is illegally selling them?



I had to save the pic and enlarge it, but it looks like a Yankee Hill Machine FH...

http://yhm.net/accessories/muzzle-accessories.html?limit=all

Pretty much a minor point when put in perspective with everything else they're charging him with.

It is a yhm diamond free floating quadrail, have one on 14.50"

 

[daekken]

It's a good opportunity for jury nullification.

+1 you don't know how fast I'd try nullify any of these types of charges if I were a jury member on such a case. No juries these days even know about nullification.