Think this guy is screwed?

namedpipes said:
To go one more step:

Doing or having something that is legal, is not probable cause to search and arrest you, and cost you thousands of dollars in legal fees, and 10 years or so in jail if you are an 18 year old kid w/o the resources to defend youself.

Know the law if you will serve it, and use just a teeny bit of common sense as you do and realize this kid was probably NOT on a mission from Allah to blow up the LNG tanks or something.

He was a kid that took the precautions he thought he was required to take, to get through MA legally and ran into someone that, by that newspaper article, did not like his necklace.
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+4
 
This was in the Fitchburg Sentinal this morning.
BOLTON -- State Police from the Leominster barrack discovered an arsenal of weapons and ammunition in a Connecticut teenager's truck Thursday morning after pulling him over on Interstate 495 in Bolton for a routine traffic stop.

Luke S. Huizinga, 18, of Danbury, Conn., is charged with a marked lanes violation, possession of a large capacity firearm, possession of a firearm, seven counts of possession of a high capacity feeding device, unlawful possession of ammunition, and possession of a dangerous weapon (brass knuckles).

Huizinga pled not guilty to the charges and Judge Martha Brennan set bail at $10,000 during his arraignment in Clinton District Court Thursday, according to a court clerk.

State Trooper Shaun Bellao pulled over the 2000 Ford Ranger Huizinga was driving at around 12:20 a.m. Thursday after he allegedly failed to stay within the marked lanes on I-495 north.
"Trooper Bellao observed ammunition and a couple of loose rounds in the vehicle as he spoke with the suspect," Lt. Michael Conti said during a news conference at the State Police Barracks in Leominster on Thursday morning.

Bellao searched the car for additional ammunition and weapons after Huizinga said that he did not have a license to carry firearms. Huizinga told police that he purchased the weapons on his 18th birthday from a gun store in Connecticut.

Police discovered a Bushmaster rifle with a night scope and pistol grip, two high capacity magazines, a Remington 12-gauge shotgun with additional round of ammunition, five knives, brass knuckles, and a ballistic vest with an armor plate.
A knife and an expended .50 caliber ammunition round were allegedly discovered in Huizinga's pocket during a pat down, Conti said.

Huizinga told police that he was on his way to a wedding in Maine, according to Conti.

"He said he was bringing the weapons to a friend to secure for him," Conti said.

Conti said Trooper Bellao did an excellent job handling the situation.

"He turned a routine motor vehicle stop into a felony arrest," Conti said. "There are a number of things that raise a number of questions for us, such as the fact that he had body armor on him."

The shotgun and rifle both had trigger locks on them and Huizinga was cooperative during the incident, Conti said.

Huizinga's truck was towed to Country Side Towing in Hudson following his arrest.

Huizinga could face federal charges, including transporting guns across state lines and carrying a firearm without a license, Conti said.

The Worcester County Detectives Unit continues to investigate the case.

Huizinga is due back in court on April 3.
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One of the comments in the Telegram article:
Just to let you know 209 it is a felony in Ma for someone under the age of 21 to possess a high capacity firearm or high capacity feeding device regardless of where they are from or going. In CT someone can buy a hi cap rifle at 18 but in Ma you must be 21 and licensed. The trooper had lawful authority to make the arrest. Also in Ma to transport a hi cap firearm it must be unloaded and in a locked container, this is also a felony. Must I continue?

-Know the law before you post!
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Coyote33 said:
One of the comments in the Telegram article:
Just to let you know 209 it is a felony in Ma for someone under the age of 21 to possess a high capacity firearm or high capacity feeding device regardless of where they are from or going. In CT someone can buy a hi cap rifle at 18 but in Ma you must be 21 and licensed. The trooper had lawful authority to make the arrest. Also in Ma to transport a hi cap firearm it must be unloaded and in a locked container, this is also a felony. Must I continue?

-Know the law before you post!
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He needed to be legal where he started and where he was going. That seems to be the case. Whether he was legal in Mass is irrelevant.

From the publicly known data, the kid took what precautions any normal person would think were reasonable. He locked and cased the firearms and kept the ammo separate.

Body armor? A freaking necklace? This is probable cause?

If you're going to go after this kid, the brass knuckles were clearly illegal. On the other hand, the office had no cause to find them in the first place.

BP commits manslaughter and is rewarded with additonal building projects. Some stupid kid makes a mistake and goes to prison for 10+. Yep. Great job, Massachusetts.
 
That might imply that FOPA only exists for those >21??

Funny, I don't recall reading that in the Fed Law.

Like I stated before, KEEP ALL GUNS UNDER WRAPS SO THAT NOBODY SEES THEM and you won't tempt fate. There is a lot that can be learned from this mis-step. Unfortunately this kid is about to be screwed for life!
 
One can only hope someone gets him a good lawyer. Any implications statewide for the rest of us if this goes poorly or well? Should GOAL offer assistance, guidance, or at least some phone numbers?

Perhaps those more eloquent and knowlegeable on here could go and help out on the Telegram comments pages.
 
He should be clean under FOPA.

I go to a pig roast every year in New Hampshire. I drive from CT to NH via 395-290-495 and the Everett Turnpike.

I've often had ARs with 30 rd mags as well as handguns with hi-cap mags as well as plenty of ammo for an afternoon of shooting.

(we shoot first, then lock the guns in the car and start drinking)

I know that legally I'm clean, although I've always suspected that there would be problems if stopped. I'm going to continue as always.

This case reminds me of something a cop once told me. If you look like a scumbag criminal, you probably are.

He's driving a (probably) crappy ranger, swerving and has ammo and brass knuckles inside the passenger compartment. He wasnt acting like a guy who was intent on excercising his rights to transport firearms, nothing more.

Clearly several of these charges dont apply because he was just passign through Mass, but now its up to him to make that defense.

Don
 
From the many different stories I have read, here are the "facts" that I glean from it.

-From CT
-legally purchased and posessed the guns in home state
-was traveling to Maine where he could legally posses
-had on his person 50 BMG knecklace(reasonable cause=BS) & knife
-long guns were locked in compliance with FOPA
-ammunition was not on his person(some loose in vehicle, other boxed)
-his mom needs to shut up

Things he did wrong
-forgot to use his blinker
-said he was having a friend store them

Having a friend in Maine store them would get him in trouble on a fed level due to transfering firearms across statelines without a FFL. He should have not said that and he would have had firm ground. I see that as his biggest problem, and what could be leading him into the rest.
 
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Completely from my perspective, it just looks like yet another idiot cop who doesn't know the law and more idiot cops rushing to make that thin blue line a little thicker.

Unless, of course, failing to keep the firearms/ammo in a locked container voids any rights under FOPA. Then it's stupidity on the kids part, douchebaggery on the cops.
 
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I thought that a trigger lock does NOT satisfy FOPA. It should be secured in a trunk or locked case, is that correct?

Gee this whole thing could have been avoided if he just didn't swerve. [thinking][hmmm]
 
Blitz1 said:
I thought that a trigger lock does NOT satisfy FOPA. It should be secured in a trunk or locked case, is that correct?

Gee this whole thing could have been avoided if he just didn't swerve. [thinking][hmmm]
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I didn't read the actual verbage, just the cliff notes. That's what they say. The spirit of the law should be higher than the letter of the law.
 
I saw at least one gun case in the pictures.

Info is unclear if all guns were in cases or not. FOPA indeed requires locked cases in trunk or out of reach of driver/passengers, so trigger locks are inadequate.
 
Martlet said:
Completely from my perspective, it just looks like yet another idiot cop who doesn't know the law and more idiot cops rushing to make that thin blue line a little thicker.

Unless, of course, failing to keep the firearms/ammo in a locked container voids any rights under FOPA. Then it's stupidity on the kids part, douchebaggery on the cops.
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I read this a couple of days ago on the other forum I go to. You nailed it right on the head.
 
This is trumped up bullshit and media hogwash. It's a pathetic attempt to make it look like they came upon and arrested a real desperado!
 
I feel bad for the kid.
18 years old, firearms enthusiast and and then hit by Massachusetts.

It really could have been any firearms enthusiast traveling from state to state.

Think about the last NES shoot you went to and how many firearms, ammo you brought.
A few people had body armor as well.

If you were coming from CT or NH into MA for the shoot, it could have been you.
 
The story stated that the firearms were equipped with trigger locks, not that they were in locked cases. Sure, I've seen nothing, but I'm making this assumption based on the reports available. Since I'm not judging the case, I can make assumptions.

Either way, the brass knuckles charge would definitely stick.
 
vellnueve said:
The story stated that the firearms were equipped with trigger locks, not that they were in locked cases. Sure, I've seen nothing, but I'm making this assumption based on the reports available. Since I'm not judging the case, I can make assumptions.

Either way, the brass knuckles charge would definitely stick.
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And the pictures clearly show at least one case. Bullshit laws lead to bullshit charges, which obviously leads to people condoning them.

What you condone, you support. You get the laws you deserve.
 
Martlet said:
And the pictures clearly show at least one case. Bullshit laws lead to bullshit charges, which obviously leads to people condoning them.

What you condone, you support. You get the laws you deserve.
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The picture I saw showed the AR in a hard case with all it's accessories just like I would transport mine. Couldn't tell if it was ever really locked though. The shotgun is not hi-cap and had a trigger lock on it. Isn't that all a pump gun needs?
 
cbrburns said:
The picture I saw showed the AR in a hard case with all it's accessories just like I would transport mine. Couldn't tell if it was ever really locked though. The shotgun is not hi-cap and had a trigger lock on it. Isn't that all a pump gun needs?
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You are confusing FOPA and MGLs.

Per FOPA, ALL guns must be locked up, unloaded, ammo locked up separately.

Per MGL, a LTC/FID holder can have non-hi-cap long guns lying on the back seat. I'd venture that less than 10% of LEOs would believe you however, and an arrest sticks like glue to you forever.

This guy had no LTC/FID and being 18 he'd only qualify for a MA FID (low-cap rifles/shotguns, no ARs) anyway. So it's FOPA or bust and sounds like he blew that option (if ammo or necklace 50BMG was in the passenger compartment).
 
LenS said:
You are confusing FOPA and MGLs.

Per FOPA, ALL guns must be locked up, unloaded, ammo locked up separately.

Per MGL, a LTC/FID holder can have non-hi-cap long guns lying on the back seat. I'd venture that less than 10% of LEOs would believe you however, and an arrest sticks like glue to you forever.

This guy had no LTC/FID and being 18 he'd only qualify for a MA FID (low-cap rifles/shotguns, no ARs) anyway. So it's FOPA or bust and sounds like he blew that option (if ammo or necklace 50BMG was in the passenger compartment).
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Gotcha, thanks LenS, my bad.
 
Can we get away with that in MA? Can we just say "nothing illegal". I thought I read somewhere that if you have a gun, you are legally required to say so if asked by a LEO
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Some states require this as part of their licensed carry laws. Massachusetts does not.

You have a right to remain silent.

But, if you have an LTC (which has nothing to do with the case at hand), remaining silent could be considered as a reason for "restrictions deemed reasonable" by your CLEO.
 

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