Was: Mike from Titegroup enters not guilty plea - update: 5/9/14 - plead out

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Re: Mike from Tite Group enters Not Guilty plea

I'm pretty sure this what Mike wanted: a chance to directly challenge the unconstitutional MA approved roster. I wish him well.

Please note there are no allegations that he ever sold a firearm to someone who could not legally possess it.

We should put together a legal defense fund for him.
 
Is this the first case where the only 'offense' is selling guns that weren't on their stupid roster?
 
asp said:
Is this the first case where the only 'offense' is selling guns that weren't on their stupid roster?
Click to expand...

No, but most of them never reach the point where someone actually gets indicted. Most of the time the AGs office makes a threat, bunch of lawyers talk about it and then the shop more or less promises "we wont do that again" (whatever "that" happened to be, though, is often a mystery) and life goes on. This happened more frequently with the handgun compliance stuff earlier on in its existence- for example when Harshbarger, and Reilly were in power, there were lots of shops getting whacked, although I don't think most of these ever went to court, either.

-Mike
 
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looks like a good one for Comm2a.

MA law restricts common use firearms via the AG regs and that stupid approved list.
 
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asp said:
Is this the first case where the only 'offense' is selling guns that weren't on their stupid roster?
Click to expand...

I think most of the previous issues have been for shops selling guns that were on the roster, but that the AG considered did not meet the AG's regulations. So I think the previous cases involved threats of civil lawsuits from the AG, not criminal charges.
 
M1911 said:
I think most of the previous issues have been for shops selling guns that were on the roster, but that the AG considered did not meet the AG's regulations. So I think the previous cases involved threats of civil lawsuits from the AG, not criminal charges.
Click to expand...

There were plenty of other shops (for example, the infamous shop on rte 9 was one of these, years ago) that got caught selling off list, as well, it wasn't just the AG's regs. My guess is the AGs office probably loves getting those kinds of shops because it enables them to threaten the dealer with greater harm that carries a potential criminal penalty- Whereas, if its just a CMR940 violation a dealer is in a much better position to fight the AG's office- they might still lose everything anyways but at least the AG can't even attempt sending them to jail.

I'm also aware of a couple of cases (that I heard through the grapevine) where a dealer has had their pee pee slapped by EOPS
directly, typically via the "nasty sounding legal letter" routine.

-Mike
 
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I picked up my NES lower from him. We need to raise as much as possible. This is a test case and we need to get behind him.
 
Re: Mike from Tite Group enters Not Guilty plea

I hope someone sets up a way to donate $ for the defense fund. I think some of my hard earned cash should go towards a good cause because I'm tired of supporting Joe Biden's "one taxpayer funded vacation a month policy"

Sent from my Galaxy Nexus using Tapatalk 2
 
M1911 said:
I think most of the previous issues have been for shops selling guns that were on the roster, but that the AG considered did not meet the AG's regulations. So I think the previous cases involved threats of civil lawsuits from the AG, not criminal charges.
Click to expand...
Bear with me, I'm an engineer, not a lawyer...

About the civil lawsuits- So the AG approved guns to be on the roster then, without reissuing the roster, said they didn't meet the regs and dinged FFL holders on that? I recognize that this issue is broad and a full response would derail this thread... just expressing my confusion out loud.

Ok, so these are criminal charges. I'm guessing that the potential outcomes of this case would either be that the AG's roster is unconstitutional or that Mike goes to jail. Am I missing anything?
 
If I recall correctly, Mike was in this very pickle some years ago, and the AG failed to appear at the hearings, (and thus kept hidden the secret list) and the case dismissed as a result.
 
asp said:
Bear with me, I'm an engineer, not a lawyer...

About the civil lawsuits- So the AG approved guns to be on the roster then, without reissuing the roster, said they didn't meet the regs and dinged FFL holders on that? I recognize that this issue is broad and a full response would derail this thread... just expressing my confusion out loud.

Ok, so these are criminal charges. I'm guessing that the potential outcomes of this case would either be that the AG's roster is unconstitutional or that Mike goes to jail. Am I missing anything?
Click to expand...

No, this is an accusation of selling guns that are not on the EOPS list. The AG list is a different issue. The AG doesn't publish or update any list.
 
bill o said:
No, this is an accusation of selling guns that are not on the EOPS list. The AG list is a different issue. The AG doesn't publish or update any list.
Click to expand...
Just when I thought I might have a handle on things... I should take Len's class.
 
asp said:
Bear with me, I'm an engineer, not a lawyer...

About the civil lawsuits- So the AG approved guns to be on the roster then, without reissuing the roster, said they didn't meet the regs and dinged FFL holders on that? I recognize that this issue is broad and a full response would derail this thread... just expressing my confusion out loud.

Ok, so these are criminal charges. I'm guessing that the potential outcomes of this case would either be that the AG's roster is unconstitutional or that Mike goes to jail. Am I missing anything?
Click to expand...

You're missing a lot, actually.

There are two separate issues in play here. First, the state legislature passed a law that requires the approved firearms roster and that requires dealers to sell handguns in accordance with that list. That law is in MGL Chapter 140 - I can't remember the section at the moment. To get a gun on that roster, the manufacturer pays an independent testing lab to perform testing and submits the results to the Gun Control Advisory Board, which controls the roster. The GCAB reports to the Executive Office of Public Safety which reports to the governor. Breaking this law is a criminal act. The AG has nothing to do with the roster. The AG has nothing to do with this prosecution. Mike is being charged by the DA, not the AG.

The AG issued a separate, and different, set of handgun regulations. These are found in 940 CMR 16. If you violate these regulations, the AG may threaten to sue.
 
I've transferred a couple shotguns through Mike, he was a pleasure to deal with and it was always a blast just shootin' the sh!t with him. I wish him the best.
 
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