^^^wow that's messed up
It was. Darius won the case, but the defendant had still been arrested, his LTC revoked, and was out thousands of dollars in legal fees.
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^^^wow that's messed up
Nobody in this thread is arguing that a lower receiver is a firearm per MA law. Screaming that it's not a firearm isn't going to help anyone when they get a cop who is as ignorant about laws as most of them are looking at it saying "hey, that's a gun part. Gun parts have to be locked up. You're under arrest." That would be followed shortly by the local DA deciding to prosecute because GUN. You would then get to go to court where you can scream at the judge about how it isn't a firearm. You'd probably get off, but who has the time and money to play around in the court system? Just lock the stupid thing up.ITS NOT A FIREARM PER MA LAW!!!!!!!!!
Nobody in this thread is arguing that a lower receiver is a firearm per MA law. Screaming that it's not a firearm isn't going to help anyone when they get a cop who is as ignorant about laws as most of them are looking at it saying "hey, that's a gun part. Gun parts have to be locked up. You're under arrest." That would be followed shortly by the local DA deciding to prosecute because GUN. You would then get to go to court where you can scream at the judge about how it isn't a firearm. You'd probably get off, but who has the time and money to play around in the court system? Just lock the stupid thing up.
Yes, I know. But I don't trust the police, district attorney, and court system to either understand that or follow it.
Some years back, Attorney Darius Arbabi told me about one court case that he defended. His properly licensed client was carrying a semi-auto handgun with a 10-round magazine plus 1 in the chamber. He was arrested and charged with carrying an illegal large capacity magazine. The assistant district attorney's claim was that since he was carrying 10 + 1 = 11, that is more than 10 and therefore it was illegal. Seriously.
Now do you understand why I don't trust the MA judicial system to understand that a stripped lower doesn't need to be locked up?
What did the properly licensed client do that warranted a LEO counting the number of rounds in his gun? Just curious.
I ask because I'm 47. I've never had an uninvited LEO in my home. I've never been frisked. I've never been asked to have my car searched other than when I was going into logan while they were looking for Tsarnaiv. Which I refused.
I mention this because this risk that you all speak of is exceedingly low. I would venture a guess that none of you have ever had your person or vehicle searched.
So I guess its all about risk tolerance. There is no right or wrong answer. I think we can all agree on that.
Don
You can live your life worrying about an ignorant cop. I guess I don't do that.
I ask because I'm 47. I've never had an uninvited LEO in my home. I've never been frisked. I've never been asked to have my car searched other than when I was going into logan while they were looking for Tsarnaiv. Which I refused.
What did the properly licensed client do that warranted a LEO counting the number of rounds in his gun? Just curious.
I'm a "better safe than sorry" kind of guy. My issue with hiding stuff...especially important stuff like an AR lower as I forget where I put crap. So if it's in the safe or the ammo locker i know where it is.
We're all aware of that, what's your point?
if only i could get my wife to do the same with her phone, keys, purse, etc...just put it in 1 or 2 places at home and you'll never lose it...i am the same way though...if i need to remember to bring something to work with me i have to put it on the floor where i am going to walk out the door so i don't forget it...i only put things in a few places as a habit so i can find things easier and not lose anything
JasonS - I agree with you somewhat. But I store lowers in my safe mainly because of my sense of ethics. But if I was running into storage constraints and I had a choice of storing a Nightforce scope in the safe or a lower, the scope would win.
M1911 - I do carry non large capacity gun in the passenger compartment of my car. In a soft case. Just like I did in CT, where there are no transport regulations.
RobJax - I'm guessing you are new at this. If I stored all my accessories and parts in my safe, I'd need 2 or 3 new full sized safes. Mine live in tupperware containers. I see little risk in this. Also, if you check your homeowner's policy, it typically limits the firearms indemnification. However, gun PARTS and ACCESSORIES are covered by the limits of the contents portion of the policy. Typically a couple of hundred thousand dollars. (check for yourself, don't take my word for it). So for accessories, I just document my possession of them and store them in rubbermaid containers. The exception is high dollar items like the scope referenced above. Good glass goes in the safe.
I am of the opinion that we all have a responsibility to exercise our rights to the fullest extent of the law. Thats why I don't hesitate to put my gun bag on the seat next to me if I don't have any large capacity firearms with me. And when i do, the bag goes into the trunk. No locks, no hard cases.
When i come out of the woods or blind, my gun is typically damp and cold. So it goes in the front passenger seat to dry off and warm up so it doesn't draw condensation when it comes into the house.
Don
p.s. I also keep copies of all the relevant laws in my gun bag. So far, I've only used them to enlighten people at the gun club who insist on putting trigger locks on their revolvers.
M1911 - I do carry non large capacity gun in the passenger compartment of my car. In a soft case.
Robjax,
All my stuff has a very specific place. Very organized.
I just don't choose to put most of my stuff inside a $1800 metal box. Most are in $4 plastic boxes with labels on the outside.
Haha, friggin trigger locks on a revolver. I went for a range orientation the other day and the ro stated that is how MA law requires his revolver to be transported.
Understood. that sounds like a good system too. Probably a better system than mine but this works for me. But you would keep the lower in your safe or in a plastic box? I would put it in my safe.
Haha, friggin trigger locks on a revolver. I went for a range orientation the other day and the ro stated that is how MA law requires his revolver to be transported.
Yep, but he specifically stated for transport. Puts the triggerlock on when he pulls the revolver out of his safe and puts it in his rangebag. I just shook my head
You don't even need to put it in a soft bag. You could put it right on the seat.
I wouldn't, but it would be legal.
Personally, I would lock it up. Not because the letter of the law requires it but because I do not trust the police or DA to understand or follow the letter of the law.
I use them as paperweights around the house.
The serial numbered lower is considered a “firearm” by ATF, that is why you have fill out ATF Form 4473 - Firearms Transaction Record.In MA the lower in itself is not a firearm nor a component. What you have according to state law is simply a chunk of metal with a convenient number on it. As long as there is no functioning upper half to pair it with in the vicinity you are fine.
There is no need to lock that up until you assemble it into a firearm. At this point you will need to file the FA10 and lock it up.
**I am not a lawyer and this is not to be construed as legal advice.**
The serial numbered lower is considered a “firearm” by ATF, that is why you have fill out ATF Form 4473 - Firearms Transaction Record.
https://www.atf.gov/firearms/qa/are-“80”-or-“unfinished”-receivers-illegal
Whenever talking about legalities, like Allen said above, you need to consider whether you are dealing with Fed or State law.The serial numbered lower is considered a “firearm” by ATF, that is why you have fill out ATF Form 4473 - Firearms Transaction Record.
https://www.atf.gov/firearms/qa/are-“80”-or-“unfinished”-receivers-illegal
The serial numbered lower is considered a “firearm” by ATF, that is why you have fill out ATF Form 4473 - Firearms Transaction Record.
https://www.atf.gov/firearms/qa/are-“80”-or-“unfinished”-receivers-illegal
Ha.I can’t believe nobody on this necrothread has pointed out the Massachusetts distinction between “firearm” (which means working handgun, SBR, SBS, or AOW), rifle (functional rifle), and shotgun (functional shotgun)