So, just how screwed is this guy?

[Roadglide]

I’m going with screwed. Too many dumb mistakes here. Most of all how the Hell can you not remember a loaded gun in the car. Too bad because kid seems like a legit person but cmon. He will be forever scrutinized as to whether he can responsibly handle a firearm properly again.

 

[Len-2A Training]

He won't be scrutinized because he's going to end up sucking for Federal PP status.

 

[Rob Boudrie]

Also, hollow points are basically illegal in NJ

I know a guy who got into a big hassle over this, but was eventually released when he convinced the authorities he was on his way to shoot a match.

Funny thing is he later became a fed and no longer checks his carry weapon.

 

[AntiHippie]

I’m going with screwed. Too many dumb mistakes here. Most of all how the Hell can you not remember a loaded gun in the car. Too bad because kid seems like a legit person but cmon. He will be forever scrutinized as to whether he can responsibly handle a firearm properly again.

When I lived in Free America I had a gun that rarely left my truck. So did many people. Not that outrageous.

 

[Oldarmy]

I’m going with screwed. Too many dumb mistakes here. Most of all how the Hell can you not remember a loaded gun in the car. Too bad because kid seems like a legit person but cmon. He will be forever scrutinized as to whether he can responsibly handle a firearm properly again.

Only dumb mistakes because Ma. In some states it would be the equivalent of leaving a shovel or a bag of M&M in the trunk.

 

[MAGA99]

I’m going with screwed. Too many dumb mistakes here. Most of all how the Hell can you not remember a loaded gun in the car. Too bad because kid seems like a legit person but cmon. He will be forever scrutinized as to whether he can responsibly handle a firearm properly again.

It can happen. In America, guns are tools.

One time I was working on my house late, forgot to throw my hand tools back in my truck, and had to change out some Russian dudes panel with my apprentices tools. It was a shitty day.

 

[LuvDog]

Leaving a loaded gun in a car happens all the time in free America.

 

[DPR]

Never admit anything to the police.

 

[Rob Boudrie]

Deny Everything
Admit Nothing
Demand Proof
Raise Counterallegations
Attack the credibility of the witness

(with your attorney present, of course)

 

[Roadglide]

It can happen. In America, guns are tools.

One time I was working on my house late, forgot to throw my hand tools back in my truck, and had to change out some Russian dudes panel with my apprentices tools. It was a shitty day.

Ok I’ll go with it can happen. He’s still screwed

 

[Roadglide]

When I lived in Free America I had a gun that rarely left my truck. So did many people. Not that outrageous.

MA isn’t free America. He’s screwed

 

[jpm]

Deny Everything

good way to get a perjury conviction on top of everything else since he called BPD so they have him on tape telling them all the details and most likely the number he called from on caller ID as well.

 

[Roadglide]

His lack of knowledge is his best play. There's no motion to suppress for trying to be helpful to the police though. A motion to suppress statements exists when someone is in custody and is questioned after requesting a lawyer or not being so advised, or if a statement is not voluntary for some reason. He's not in custody, and he reached out to the police to give info.

This is the exact reason you never ever call the police yourself when you've done something wrong. He had a good chance if he had a lawyer contact the police for him to create a buffer on this issue. Too late now.

If there is anything I remember from criminal justice classes taken many years ago is ignorance of the law is no excuse

 

[fencer]

Junior never should have reported the gun in the car.....he would have gotten in LESS trouble in CT, if the gun was used in a crime/found at a later date.

This would only have worked if the BPD did not search the recovered stolen vehicle. And stranger things have happened... but they likely would have found the gun, called him to come get his car, and arrested him.

I hate to say it, but maybe Junior is to f***ing stupid to own a gun. Not only does he forget where he leaves his gun, he calls the cops and tells them. Brilliant!
I totally agree that its a stupid law and shouldn't even be an issue. Hell, I think you should be able to drive around with your rifle rack full, anywhere you want. But for crying out loud, I own more than a couple of guns and shoot as often as I can, carry all the time, and I have never asked myself where I have left a gun.

 

[Nick Fury]

If there is anything I remember from criminal justice classes taken many years ago is ignorance of the law is no excuse

You have seen the facts. Got a better arguement?

 

[Nick Fury]

good way to get a perjury conviction on top of everything else since he called BPD so they have him on tape telling them all the details and most likely the number he called from on caller ID as well.

I think he refers to before one even moves them lips...

 

[mjbff]

Stolen while home in Connecticut recovered in Boston eos

 

[kevin9]

Iamal but this whole scenario depends on how much of a hard on the DA has to prosecute the guy.

Current interim DA is John Pappas, appointed by Tall Deval. Incoming DA is Rachael Rollins who's stated she'll prosecute gun crimes to the fullest extent of the law.
Unless he gets the situation resolved before January, he is S.C.R.E.W.E.D! I can just see the incoming SJW wanting to"make a statement on gun crime".

 

[xtry51]

Loving all the perfect people in this thread throwing a guy under the bus for nothing more then being forgetful. Bet all the guys saying they know where their guns are also have never lost their keys or forgot their wallet somewhere

 

[kevin9]

Loving all the perfect people in this thread throwing a guy under the bus for nothing more then being forgetful. Bet all the guys saying they know where their guns are also have never lost their keys or forgot their wallet somewhere

It's not that I (we?) think he should be screwed, quite the opposite. I see him as a victim of theft. But I (we?) are pretty sure he will get screwed by the MA "justice" system

 

[Roadglide]

You have seen the facts. Got a better arguement?

Nope. The title of the thread asked how screwed is this guy. Not give me a good argument based on these facts. I gave my opinion.

 

[Nick Fury]

Nope. The title of the thread asked how screwed is this guy. Not give me a good argument based on these facts. I gave my opinion.

Yeah but your quoted reply was not to the OP but to this:

His lack of knowledge is his best play. There's no motion to suppress for trying to be helpful to the police though. A motion to suppress statements exists when someone is in custody and is questioned after requesting a lawyer or not being so advised, or if a statement is not voluntary for some reason. He's not in custody, and he reached out to the police to give info.

This is the exact reason you never ever call the police yourself when you've done something wrong. He had a good chance if he had a lawyer contact the police for him to create a buffer on this issue. Too late now.

And that is what my retort was in reference to. But I think you already knew that...

 

[Roadglide]

Loving all the perfect people in this thread throwing a guy under the bus for nothing more then being forgetful. Bet all the guys saying they know where their guns are also have never lost their keys or forgot their wallet somewhere

I don’t think anyone is wishing bad things on this kid. I’m certainly not. We’re just answering the original question. There can be some discretion within the law but I don’t think the police are going to say oh you didn’t mean to do it. It was an honest mistake. Here’s your gun your Ltc and a gold star for being a good boy.

 

[Roadglide]

Yeah but your quoted reply was not to the OP but to this:



And that is what my retort was in reference to. But I think you already knew that...

No I was specifically referring to one of a few options that were given directly to the op saying to basically plead ignorance.

 

[Prepper]

This would only have worked if the BPD did not search the recovered stolen vehicle. And stranger things have happened... but they likely would have found the gun, called him to come get his car, and arrested him.

I hate to say it, but maybe Junior is to f***ing stupid to own a gun. Not only does he forget where he leaves his gun, he calls the cops and tells them. Brilliant!
I totally agree that its a stupid law and shouldn't even be an issue. Hell, I think you should be able to drive around with your rifle rack full, anywhere you want. But for crying out loud, I own more than a couple of guns and shoot as often as I can, carry all the time, and I have never asked myself where I have left a gun.

I have asked that many times, but it was always "which safe or room in the house would this particular gun be located now?", not whether or not a gun was still in a vehicle.

 

[Roadglide]

You have seen the facts. Got a better arguement?

So to answer your original question better. He doesn’t have a better/good argument. He’s screwed.

 

[Prepper]

If there is anything I remember from criminal justice classes taken many years ago is ignorance of the law is no excuse

Yes, but it should be an excuse, and it used to be an excuse. The law is so vast, and subject to interpretation, and subject to which side throws the most money at a court case, that it is literally unknowable. You'd need to merge your mind with computer technology and become a cyborg capable of continuously processing all possible actions you're about to do, to cross reference them with huge numbers of volumes of law books and court cases interpreting them. And, if someone actually did that, the cyborg would probably see all the inconsistencies and then be unable to do any actions and just shut itself down.

Ignorance is a perfectly good excuse for violating any kind of malum prohibitum law. The only laws that I could confidently hold someone responsible for violating would be those that have an actual victim. (Sorry no, it's not an argument that you didn't know theft was illegal.... that you're expected to know.)

As for this poor guy, he may or may not have known what the law was, but likely didn't understand the seriousness of the punishment if caught violating it.

 

[Roadglide]

Yes, but it should be an excuse, and it used to be an excuse. The law is so vast, and subject to interpretation, and subject to which side throws the most money at a court case, that it is literally unknowable. You'd need to merge your mind with computer technology and become a cyborg capable of continuously processing all possible actions you're about to do, to cross reference them with huge numbers of volumes of law books and court cases interpreting them. And, if someone actually did that, the cyborg would probably see all the inconsistencies and then be unable to do any actions and just shut itself down.

Ignorance is a perfectly good excuse for violating any kind of malum prohibitum law. The only laws that I could confidently hold someone responsible for violating would be those that have an actual victim. (Sorry no, it's not an argument that you didn't know theft was illegal.... that you're expected to know.)

As for this poor guy, he may or may not have known what the law was, but likely didn't understand the seriousness of the punishment if caught violating it.

Ok bottom line in your opinion. Screwed or not?

 

[Prepper]

Ok bottom line in your opinion. Screwed or not?

He's absolutely screwed. The best he can hope for is to avoid jail time in exchange for pleading guilty to charges that will make him a prohibited person for life as well as likely mess up his career.

 

[clampett]

A little off topic, but I'm wondering what kind of car he has. I thought with computer chips in the ignition keys, car theft was something that rarely happens.