I don’t believe there is an exception for attending a match in MA.
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So, just how screwed is this guy?
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I don’t believe there is an exception for attending a match in MA.
The revolver was not in a locked case, and the LEO's recovered it when they found the vehicle because Junior told them about it.
Well, I've passed along Neil Tassel's name and number to Junior and the ball is in his hands now. I'll post more as I hear how things are progressing (or regressing) on his situation.
Well, I've passed along Neil Tassel's name and number to Junior and the ball is in his hands now. I'll post more as I hear how things are progressing (or regressing) on his situation.
Wickedcoolname
NES Member
Here's my guess: He'll lose the gun and his LTC and he'll never get either one back. Or he can lawyer up and demand the gun back. Then they'll throw the book at him.
nstassel
NES Member
If he's scheduled for arraignment that's a bad sign. It suggests that bpd has declined to exercise its discretion to summons him in for a clerk's hearing at which he'd have a fighting chance at not being charged with a crime. Now he's up against the ropes with the DA involved. He's admitted to unlawfully possessing a firearm in mass. His defense is that he didn't do so knowingly. He may be able to prevent arraignment, but it's not going to be easy.
nstassel
NES Member
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.
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ReluctantDecoy
NES Member
I feel bad for the guy, but A) how do you forget where your firearms are? and B) how does this not come to mind when you know you have to cross state lines? One would think that he would have done the math on this one.
Unlike the MAss slave colony, I met many people from freer (so far) states who are clueless about MA, LTC and what they need to do with their guns they bring with them from GA. True story.
Here is mAsslave colony, every question starts with "do our masters allow it?"
cockpitbob
NES Member
One thing to note about FOPA. It only covers firearms, not ammo or magazines!
If you are passing through a state where you can't legally own the ammo or magazines in the car, they can get you for that. FOPA won't help if passing through MA with ammo, but no Mass FID or LTC. Also, hollow points are basically illegal in NJ![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
The text of title-18 USC 926A (FOPA)is pretty short and simple:
If you are passing through a state where you can't legally own the ammo or magazines in the car, they can get you for that. FOPA won't help if passing through MA with ammo, but no Mass FID or LTC. Also, hollow points are basically illegal in NJ
The text of title-18 USC 926A (FOPA)is pretty short and simple:
lowbuckbob
NES Member
Mahty and Maura love to show how they're going after illegal guns. This probably won't end well. If his lawyer is good, he might get loss of firearm, loss of permit and maybe a fine. Disclaimer - IANAL nor did I stay at a Holiday Inn Express.
ReluctantDecoy
NES Member
I thought CT was nearly as bad as MA for gun laws.
nstassel
NES Member
I know that one of them (my guy) was never prosecuted on any charges. I don't know about the other one though.
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Two problems:
1. He did not commit any other crimes, so there are no other pleas that can be offered in return for dropping the gun charge. Remember, the TX law student who did 26 months in the big house for mere possession. Perhaps his attorney could offer to plead to double parking while the car and guns were being stolen
2. Even if he avoids jail time, he will still likely come out of it a PP and felon possibly ineligible for a CPA license.
Whatever you charged him was a bargain.
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VetteGirlMA
NES Member
This is why we need to ram reciprocity down liberal throats while we still have votes to do it. You know "we need to pass it to see what's in it".
Absolutely NO exemption. Most think there is, but LE is now being trained that the so-called exemption is bogus. Caveat emptor.
This... many people are too quick to tell the polezei too much in a lot of cases where there is no benefit to doing so.
It reminds me of those people you hear about that got ripped off and beat up while buying drugs and the first thing out of their mouth is "I was trying to buy drugs and this bald guy robbed me..." yeah real bright, junior....
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
There's about 10 ways he could have told the cops he was robbed without talking about (illegal thing here).-Mike
I'll say a prayer for Jr.
This, in a nutshell.
It’s a tragic situation that shouldn’t have to had happen. However, how do you forget where your damn gun is?!?! Especially in the the bluest of blue New England corridors?!?!
He shouldn’t have to worry, because 2A, but he does, because liberals.
It sucks to see a good, law abiding person, trying to be proactive(whilst still somewhat negligent) get taken down this way.
We’re all good gun owners, until we’re not.
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There is, but there are credible arguments that the requirement the person must have an LTC from a state that does not issue them to drug users means it is impossible to meet the requirement of the exception. Also, the decision in Commonwealth v. Cornelius provides the basis for a credible argument that the competition exemption does not apply to >10 round capacity guns.
Chevy 2 65
NES Member
No FOPA will not help. There should no FOPA !!! because why ! because of the 2A!RIP. Not to beat a dead horse but FOPA definitely does not apply here. Educate yoself
Firearm Owners Protection Act - Wikipedia:
One of the law's provisions (codified in section 926A of title 18 of the U.S. Code) was that persons traveling from one place to another have a defense for any state firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gasoline), provided that the individual is not otherwise prohibited from possession of a firearm, the firearms and ammunition are not readily accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, the firearms are located in a locked container other than the glove compartment or console.
This section has also been interpreted to protect air travel.
Definitions of certain terms in the law include:
- Transporting. Not staying for any determined length of time. Passing through on the way to some place.
- Unloaded. No ammunition in the firearm. In the case of McDaniel v. Arnold, the courts upheld a conviction based on the interpretation that the accused had a loaded firearm despite not having a round in the chambered position.[15]
- Not readily accessible. There are no clear court decisions or interpretations available but this term is widely regarded as meaning Not capable of being reached quickly for operation.
- Locked container. A hard-sided container that is locked such as to prevent unauthorized users from gaining access.
Chevy 2 65
NES Member
no need for that pile of shit either. Just obey the bill of rights it's really that simple.
VetteGirlMA
NES Member
The only problem with that line of thinking is that there are literally millions of people out there who believe that the second amendment means the army and police and you have no right to that particular amendment. You could hold your breath for a thousand years waiting for that line of thinking to change and it won't. Some are just too brain washed to change. While you're sitting there saying bill of rights this and bill of rights that, they're out there saying 'the bill of rights was never intended for ordinary people to own super killy black rifles and super sized magazine clips, etc etc".
