Think this guy is screwed?

[Blitz1]

http://www.thebostonchannel.com/news/18861378/detail.html

Police: Guns, Ammo Found During Traffic Stop

Man Could Face Federal Weapons Charges

BOSTON -- An 18-year-old Connecticut man will be in a Clinton courtroom on Thursday after several guns, other weapons and ammunition were allegedly found in his truck during a traffic stop.

State police said a trooper found an assault rifle, a shotgun, a bullet-proof vest, ammunition, brass knuckles and knives in the truck of Luke S. Huizinga, 18, of Danbury, Conn., after a traffic stop on Interstate 495 in Bolton early Thursday morning. The trooper stopped the 2000 Ford Ranger after it was spotted swerving in and out of lanes on the highway, state police said.

Trooper Shaun Bellao found a knife and more ammunition on Huizinga. Huizinga allegedly told police he was headed to a wedding in Maine, the Telegram and Gazette reported.

State police said troopers found a 16-inch Bushmaster assault rifle, a Remington 12-gauge shotgun with a pistol grip (how Evil), seven 30-round magazine ammunition clips and several boxes of ammunition. The assault rifle and the shotgun had both been modified and each gun was equipped with laser sightings, the paper reported.

Huizinga was charged with marked lanes violation, possession of a large-capacity firearm, possession of a firearm, seven counts of possession of high-capacity feeding devices, possession of a dangerous weapon and unlawful possession of ammunition. Huizinga could face federal charges, including transporting guns across state lanes and not having a license to carry firearms, the paper reported.

Huizinga was held on $10,000 cash bail and is scheduled to be arraigned in Clinton District Court on Thursday.

I wonder if it was a shotgun weddding?

 

[M1911]

Depends. If the guns and ammo were properly stored per FOPA and he gets a good lawyer, then he has a chance.

 

[Mil-Dot]

he was headed to a wedding

WOW

 

[celisup78]

I like how they still throw the original moving violation in with the charges.

 

[salesman]

I like how they still throw the original moving violation in with the charges.

Well, that may be a $100.00 fine. It all adds up you know.

 

[Underwhere]

That's what happens when you drive into a state and are unfamiliar with the laws.

I can see this happening to anyone.

John Smith has an AR15 with a folding stock in his trunk and takes a ride into MA for MA lottery tickets. Felony for assault weapon.

 

[Underwhere]

Well, that may be a $100.00 fine. It all adds up you know.

That's one cup of coffee for a judge.

 

[Underwhere]

Honestly, this could be any one of us on our way to the range.

A rifle + shotgun, magazines, ammo. (minus the bulletproof vest)

 

[Blitz1]

That's what happens when you drive into a state and are unfamiliar with the laws.

I can see this happening to anyone.

John Smith has an AR15 with a folding stock in his trunk and takes a ride into MA for MA lottery tickets. Felony for assault weapon.

Yup [sad2]

 

[Mr Weebles]

If those firearms were unloaded, cased and locked up he should be covered by US CODE: Title 18, section 926A. Interstate transportation of firearms

§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[Underwhere]

A friend of mine from NY came up the other weekend.
Rifle in the trunk. 500rds of ammo.

If he was stopped, he could have been that guy.

 

[MMF]

I need an invite to that wedding

 

[Brunosr]

What about Federal statute 926A? If they were legal where he is coming from and legal where he is going, then Mass can’t charge him with this. Unless of course the guns where loaded.

Now the Brass Knuckles, well that’s another mater all together. And I do not reacall it's illegal to have body armor.

Well you know how those Maine weddings go!!! LOL

 

[JuergenG]

Well you know how those Maine weddings go!!! LOL

 

[M1911]

What about Federal statute 926A? If they were legal where he is coming from and legal where he is going, then Mass can’t charge him with this. Unless of course the guns where loaded.

They can charge him if the guns were not stored properly as per FOPA -- unloaded, in a locked trunk, or a locked case.

 

[vellnueve]

Yep, if he wasn't in full compliance with FOPA he's screwed.

Brass knuckles are illegal, right? If he was in FOPA compliance then that might be the only charge that sticks. That plus the traffic charge.

 

[Underwhere]

Now the Brass Knuckles, well that’s another mater all together.

Yeah those things are very dangerous.

 

[vellnueve]

Dangerous? Maybe. Illegal? Yep.

(b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while committing a breach or disturbance of the public peace, is armed with or has on his person, or has on his person or under his control in a vehicle, a billy or other dangerous weapon other than those herein mentioned and those mentioned in paragraph (a), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.

He's screwed any way you look at it, even if FOPA protects the guns.

 

[bfm]

. (minus the bulletproof vest)

Did you lose yours?

 

[pbearperry]

original violation

I like how they still throw the original moving violation in with the charges.

Without proof of reason to make the initial stop,the other charges would prob. be dismissed.The more serious charges resulted from the reason to stop.

 

[Spanz]

I know that store! Right next to the county fairgrounds.

 

[offisland]

The article says he had ammunition on him. That probably classifies as "easily accessible".....screwed.

What, if any permit or license is required of a Maine non-resident to bring these types of firearms into that state? Is the mere fact that he admitts to be heading to Maine admitting to other potential violations?

 

[Underwhere]

Did you lose yours?

I'm trying to do a group buy for them in the member forum.

 

[jcr]

How do you get probable cause to search the trunk, on a lane change violation? Do you suppose the guy talked too much? Gave permission to look into the trunk?

What is the proper way to answer the policeman's trap question, "Do you have any guns or drugs in the car?"

Say you're a CT resident, travelling to NH, have a cased shotgun in your trunk, and have prescription heart medicine in your pocket.

Lying is a bad idea, and telling the truth means much more trouble.

I envision the best answer as, "I have nothing illegal in the car." I suspect the cop will search anyway, if he wants to.

 

[jdubois]

What, if any permit or license is required of a Maine non-resident to bring these types of firearms into that state? Is the mere fact that he admitts to be heading to Maine admitting to other potential violations?

You need a non-resident LTC to bring the large capacity guns and magazines into the state. For the shotgun (if it wasn't large capacity) you don't need a license, but must have it unloaded and secured in a case. If the magazines are post ban, you can't have them at all unless your LEO.

 

[jdubois]

How do you get probable cause to search the trunk, on a lane change violation? Do you suppose the guy talked too much? Gave permission to look into the trunk?

He was driving a Ford Ranger. My suspicion is that the guy had them visible in the bed, and he's screwed.

 

[M1911]

What, if any permit or license is required of a Maine non-resident to bring these types of firearms into that state? Is the mere fact that he admitts to be heading to Maine admitting to other potential violations?

Nothing required for the guns and ammo. Dunno about the brass knuckles.

 

[terraformer]

You need a non-resident LTC to bring the large capacity guns and magazines into the state. For the shotgun (if it wasn't large capacity) you don't need a license, but must have it unloaded and secured in a case. If the magazines are post ban, you can't have them at all unless your LEO.

Are you talking about ME or MA? I thought ME had no long gun restrictions.

Everyone else: FOPA, FOPA, FOPA, FOPA.... We had our f***ing rights to FA taken away because of that law, we shouldn't now have to get arrested and pay a small fortune to defend ourselves against bogus state charges, to have them eventually overridden. This shouldn't even have been an issue unless there is something that the article has missed.

 

[M1911]

He was driving a Ford Ranger. My suspicion is that the guy had them visible in the bed, and he's screwed.

Agreed. No trunk on a Ranger and they were probably in plain sight.

You need a non-resident LTC to bring the large capacity guns and magazines into the state. For the shotgun (if it wasn't large capacity) you don't need a license, but must have it unloaded and secured in a case. If the magazines are post ban, you can't have them at all unless your LEO.

The question was what were the laws in ME. If the fellow was legal at his origin, legal at his destination (ME), and transporting in accordance with FOPA, then he has a defense.

He would be legal in ME -- no need for an LTC for mere possession or transport. But I doubt he was transporting in accordance with FOPA, so he's likely screwed.

 

[In_God_We_Trust]

The assault rifle and the shotgun had both been modified and each gun was equipped with laser sightings, the paper reported.

We are going to put "lasers" on all of our freaking guns.