So, just how screwed is this guy?

You sure? I can picture a prosecutor sticking them with theft of a firearm. That's got to be good for some serious time.

Theoretically they could, but how often do you see a hard core criminal in MA get a serious list of gun related charges against him? If it went to trial (stuff rarely gets to trial), I would not be surprised if the car thief testified against the victim.
 
I can think of two scenarios where this incident has a happy ending.

(In the fairy tale sense -
not the Friendly's Restaurant sense).
  1. Was the Mass. CPA client someone who's connected?
  2. Was the stolen car recovered inside of a curbside recycling bin in Chelmsford?
 
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This guy should be scared.

Remember the Umass law student who got caught with a couple of guns in his apartment (I think off campus, no mention of a 269-10j charge). He did 26 months. Of course he was a mere "student" and was known to frequent a "school" so he was a clear and present danger.
 
Wife's boss has a son who's a CPA, whom I'll call Junior.
Junior lives in CT, and has a valid CT firearms license for his revolver.
Junior goes to the range, gets done, puts the revolver in the trunk of his car.
Life happens, stuff goes in and out of the trunk, but revolver stays put.
Some time later, Junior gets a call to go to the Boston branch, and while in Boston, the car gets stolen.
Junior reports the vehicle theft, but can't recall if he took the revolver out of the trunk, and so he tells BPD there may be a loaded gun in the car.
He gets home, looks in the safe, no revolver; he reaches out to BPD to so inform them.
Vehicle is recovered outside of Boston, revolver is still in the trunk.
Junior has contacted an attorney (I have no idea what firm) and will be going to an arraignment in a few days time.

So here's a guy who's got a very good job, has no priors for anything, and has a valid CT firearms license, and just forgot there was a gun in the trunk and has been very upfront with the BPD the entire time.

We can all agree Junior's really not smart at all for leaving a loaded gun in the trunk.

How screwed is he?

Dismissed imo.
 
UPDATE:
DA dropped improper storage of a firearm charges but is proceeding with charges for not having a Massachusetts LTC.
If Junior is convicted, it's an 18 month prison term.

My suggestions to get a Comm 2A lawyer are falling on dead ears with him and his family.
 
The outcome is in the hands of the DA. I resolved a case today where an out of state truck driver was charged with carrying a firearm without a LTC, carrying a loaded firearm without LTC, possession of ammo without FID, and storage violation. First two counts are felony, under Mass and Federal law. Second two are misdemeanor under Mass and Fed law.

We pushed off the motion to suppress hearing several times, waiting for the case to go up and down the chain of command. Final word came down today that they would reduce the carrying to possession, eliminating the mandatory jail sentence.

Guy got off with a CWOF on all charges, is not a prohibited person, and since there's no conviction, could (with the right chief) get a LTC in Mass some day. (He won't. He's going back down south never to return)

Not too bad for a court appointed lawyer.

Swatgig, could this be used as some sort of a precedent by Junior's lawyer?
 
UPDATE:
DA dropped improper storage of a firearm charges but is proceeding with charges for not having a Massachusetts LTC.
If Junior is convicted, it's an 18 month prison term.

My suggestions to get a Comm 2A lawyer are falling on dead ears with him and his family.
That doesn't sound good.
 
UPDATE:
DA dropped improper storage of a firearm charges but is proceeding with charges for not having a Massachusetts LTC.
If Junior is convicted, it's an 18 month prison term.

My suggestions to get a Comm 2A lawyer are falling on dead ears with him and his family.


Jesus, he needs a lawyer well versed in MA firearms law. This is not time to f*** around! He is going to go to jail. Honestly, he'd be better off if they found him dealing heroin, too.
 
Are his family, future and freedom not worth fighting for?

WTF???

UPDATE:
DA dropped improper storage of a firearm charges but is proceeding with charges for not having a Massachusetts LTC.
If Junior is convicted, it's an 18 month prison term.

My suggestions to get a Comm 2A lawyer are falling on dead ears with him and his family.
 
He won't go to jail. He has money. He will take a plea, never own guns again, do worthless community service and be on probation.

No guns, $30k. Everybody is happy...ish
 
This really sounds like it should be charged as possession without an FID Ch. 269 §10(h), rather than Carrying without an LTC Ch. 269, §10(a). (Note, Carrying vs Possession are merely the "titles" of the charges).

Carrying (10(a)) carries a mandatory 18 months in jail. No CWOF. No community service. No fine. No early release. No conjugal visits. No parole. 18 Months in PMITA jail.

Assuming (a) the kid has no record, and (b) he is properly licensed in CT, they will probably amend down to 10(h), with no mandatory jail time. BUT.. If they agree to amend down, they may also force a guilty plea rather than a CWOF.

But you can never tell. I had a judge order a client to undergo a mental health exam because he owned gunz. (true story)
 
UPDATE:
DA dropped improper storage of a firearm charges but is proceeding with charges for not having a Massachusetts LTC.
If Junior is convicted, it's an 18 month prison term.

My suggestions to get a Comm 2A lawyer are falling on dead ears with him and his family.

A good lawyer, yes. Comm2a I don't think so. It's not really the kind of case they will take up, where there is a possibility of a precedent setting positive ruling. And the facts are what they are, no LTC and admitted to having a gun. Not the squeaky clean situation Comm2a looks for.

He won't go to jail. He has money. He will take a plea, never own guns again, do worthless community service and be on probation.

No guns, $30k. Everybody is happy...ish

This ^ but the estimate might be a bit high, $10K maybe $15K might even get him a CWOF on the possession, if he is otherwise squeaky clean. Then it's no-guns in MA (suitability) but OK everywhere else.
 
A good lawyer, yes. Comm2a I don't think so. It's not really the kind of case they will take up, where there is a possibility of a precedent setting positive ruling. And the facts are what they are, no LTC and admitted to having a gun. Not the squeaky clean situation Comm2a looks for.
What he meant by a "Comm2a Lawyer" was one of the lawyers Comm2a recommends as particularly skilled and experienced in gun law.
 
Oh man he needs to get a gun lawyer. Does he understand he'll never be allowed to own guns again if he loses?
More like "Does he understand that if he is offered a no jail time disposition with prohibited person status that he needs to take it?".

I had to explain the nuances of gun inheritance to my estate planning attorney (who happens to be very good in his specialty). This is not a case where you are best served by a general practice attorney who has not handled gun cases of a pure malum prohibitum nature.
 
This really sounds like it should be charged as possession without an FID Ch. 269 §10(h), rather than Carrying without an LTC Ch. 269, §10(a).
I don't see the facts supporting a 10(h) charge, which would only be for unlawful possession of a firearm at home or place of work. How do you see 10(h) on those facts? Am I missing something?
 
Does he understand he'll never be allowed to own guns again if he loses?
More like "Does he understand that if he is offered a no jail time disposition with prohibited person status that he needs to take it?"
Rob, can you explain a little further why you feel that way? The Dartmouth law school student's case was ugly and complicated for many reasons, as I'm sure you know. The present case seems to beg for something less than prohibited person status for life.
 
I don't see the facts supporting a 10(h) charge, which would only be for unlawful possession of a firearm at home or place of work. How do you see 10(h) on those facts? Am I missing something?
I worded that badly. In a world where I was in charge, it would be possession, not carrying, because it was in the trunk and not within his immediate reach.

Commonwealth v Collins, 11 Mass. App. Ct. 583 (1981) makes it pretty clear that you can "carry" a gun in the trunk of your car
 
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Rob, can you explain a little further why you feel that way? The Dartmouth law school student's case was ugly and complicated for many reasons, as I'm sure you know. The present case seems to beg for something less than prohibited person status for life.
He should only accept such a deal if his choices are that or go to trial which probably means prison. The courts take a dim view of people who don't cop a plea, and such is reflected in sentencing.

Obviously, his attorney should try for something better. Plus, "this kid does not deserve a lifetime criminal record" sells better than "this kid wants go continue to own guns" when making the case.
 
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He should only accept such a deal if his choices are that or go to prison. The courts take a dim view of people who don't cop a plea, and such is reflected in sentencing.

Obviously, his attorney should try for something better. Plus, "this kid does not deserve a lifetime criminal record" sells better than "this kid wants go continue to own guns" when making the case.
Okay, got your point this time. Thanks! [thumbsup]
 
The attorney will say something like:

- Like it or not, you are guilty of the offense as defined by MA law
- You probably will not fool a judge or jury into believing you are not guilty
- If you get a guilty finding at trial, you will almost certainly do time
- If you take the deal, you go home, but will never legally own a gun again in this country, and can expect federal prison time if caught possessing one.
 
To me, this is just what the AG is looking for; a legal gun owner who makes a stupid mistake to make an example of. Very often we see people getting busted here in MA that are career criminals and are illegally in possession of a firearm (again), only to be sent on their way, and it happens again, and again, and again.... Look at the guy that just got busted this week in Worcester on a rooftop after an extensive police chase. Only five years ago they raided his house and found two stolen guns, amongst other things, yet he's been walking the streets.

This is one of my biggest fears, which makes me that much more vigilant in something we should be vigilant in anyway. A guy I work with who knows I CCW said to me "You wouldn't really take your gun off and lock it up just to run into your son's school for two minutes, would you?" I told him he's damn right I would. All I need is someone to rub up against me and feel a gun, then what? I don't want to be the example, the one who gives a bad rep to the NRA, GOAL and other gun owners.

This kid's family definitely needs to contact Comm2A for help, and then give him a smack upside the head for the rest of us.
 
Food for thought... if junior had lawyered up with a decent firearms attorney before even reporting the car stolen, half of this stuff may have been cut off at the pass. He ratted himself out, effectively. Absent his admissions, they would have had to prove that he transported the gun into MA, etc. Everyone thinks that by telling the kopsch and "being honest" all the time is going to win them points with the authorities, but once you're at that level, that turns out to rarely be the case....

-Mike
 
The attorney will say something like:

- Like it or not, you are guilty of the offense as defined by MA law
- You probably will not fool a judge or jury into believing you are not guilty
- If you get a guilty finding at trial, you will almost certainly do time
- If you take the deal, you go home, but will never legally own a gun again in this country, and can expect federal prison time if caught possessing one.

Somewhat similar to the lady in Pennsylvania who crossed into New Jersey with a firearm. She volunteered during the stop that she had a gun. And was promptly arrested, her PA permit of course had no validity in NJ. After a great hue and cry, she was pardoned, (might not be correct legal term here); but she was absolutely guilty of violating the law.

If you cross state lines, you really, really, really need to be aware of the laws in effect as you do so. I'm not talking about 2nd Amendment rights, or what should be - I'm simply talking about what "is".

I live in Georgia, I spend summers in CT. I live in a very gun friendly state. I travel through and into not very gun friendly states. I leave "high capacity" magazines at home, I leave my AR's at home, I leave my hollow point ammo at home if I'm going through NJ. Does it suck? Absolutely. But becoming a federally prohibited person would suck even more.
 
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