What constitutes a “locked container” under the gun storage laws?

[1776]

Diamond saw or torch...tough choice

 

[Waher]

So in Massachusetts on any given day some prick LEO may decide that your container or lock does not thwart all but the most persistent. Now you're in court with lawyer who has to trot out a litany of case law to hopefully prove you are in compliance with the vague "laws" of our fine state. After your days or weeks of continuances you finally win, that is, if you consider "winning" paying your attorney 5 to 10K. God help us! Don't get me wrong I'm not knocking the lawyers but our plight here.

Yes, and this is despite SCotUS already saying 'Safe Storage Laws' aren't kosher per District of Columbia v. Heller.

 

[1776]

A safe with a porthole in the door with a picture of the Mother-In-Law looking out will always be found adequate

 

[Coyote33]

Yes, and this is despite SCotUS already saying 'Safe Storage Laws' aren't kosher per District of Columbia v. Heller.

How does this apply to Massachusetts again? When and where was this ever referenced here in Massachusetts?

 

[Waher]

How does this apply to Massachusetts again? When and where was this ever referenced here in Massachusetts?

It applies nationally just like Heller does. Getting it enforced anywhere other than D.C. however requires local judges and politicians to acknowledge the ruling, which they won't until dragged kicking and screaming at a lengthy & great expense back to SCotUS.

Short of the DoJ whacking states with a rolled up newspaper over it, getting any SCotUS ruling enforced is pulling teeth thanks to an openly rebelling liberal judiciary and state authorities having jurisdiction.

 

[thorin]

So in Massachusetts on any given day some prick LEO may decide that your container or lock does not thwart all but the most persistent. Now you're in court with lawyer who has to trot out a litany of case law to hopefully prove you are in compliance with the vague "laws" of our fine state. After your days or weeks of continuances you finally win, that is, if you consider "winning" paying your attorney 5 to 10K. God help us! Don't get me wrong I'm not knocking the lawyers but our plight here.

Seems like that's about right to me. You can use one of those garbage trigger locks that anyone can walk away with the gun and pop it off with a screwdriver? But remember the guy in Lowell way back 10 yrs or so who had built a very secure vault in his home and still got charged for unsafe storage after thieves used power tools to break in and steal his stuff. Can't remember what happened but I'm sure it cost him a ton of money either way. The state is using its power & unlimited resources to punish its political enemies.

 

[Rob Boudrie]

Diamond saw or torch...tough choice

Correct answer is "none of the above". Think "Plasma cutter or burning bar".

As to Partzik and Reyes - bad cases make bad law. It is very doubtful that a privacy lock on a bedroom door was actually being used as secure storage, but rather offered as a last chance Hail Mary defense against the storage charge.

still got charged for unsafe storage

I believe the actual charges were for things other than a storage violation - like calling his reloading supplies an explosive cache.

That quote is not from a criminal case, but from a *civil* case where the family of a cop who was killed by a gun that they believe was insufficiently protected from theft sued for wrongful death.

The case was Commonwealth v. Parzick cited in Commonwealth v. Reyes, both criminal cases. It is possible there was another civil case that cited this standard.

 

[milktree]

Seems like that's about right to me. You can use one of those garbage trigger locks that anyone can walk away with the gun and pop it off with a screwdriver? But remember the guy in Lowell way back 10 yrs or so who had built a very secure vault in his home and still got charged for unsafe storage after thieves used power tools to break in and steal his stuff. Can't remember what happened but I'm sure it cost him a ton of money either way. The state is using its power & unlimited resources to punish its political enemies.

If I remember correctly, the charges were eventually dropped, but it took a long time a a lot of money to get there. I think I read that on NES, so... if it's important to you, you should probably confirm that with other sources.

 

[Coyote33]

Found a couple old articles about "improper storage" when guns were actually stolen:


https://www.northeastshooters.com/xen/threads/stolen-glock-in-oxford.30053/

Stolen gun is found burned

 

[one-eyed Jack]

Just use FAA locks.

I made a TSA lock key in 20 minutes. Flat blade screwdriver and a file. Jack.

 

[AHM]

I made a TSA lock key in 20 minutes. Flat blade screwdriver and a file. Jack.

LOL. Jack, your brain should be registered as a burglary tool...

 

[drgrant]

Correct answer is "none of the above". Think "Plasma cutter or burning bar".

As to Partzik and Reyes - bad cases make bad law. It is very doubtful that a privacy lock on a bedroom door was actually being used as secure storage, but rather offered as a last chance Hail Mary defense against the storage charge.

I believe the actual charges were for things other than a storage violation - like calling his reloading supplies an explosive cache.


The case was Commonwealth v. Parzick cited in Commonwealth v. Reyes, both criminal cases. It is possible there was another civil case that cited this standard.

jupin v kask?

 

[josie wales]

LOL. Jack, your brain should be registered as a burglary tool...

And my rubber band a bump stock!!

 

[Rob Boudrie]

I made a TSA lock key in 20 minutes. Flat blade screwdriver and a file. Jack.

Yes, but you need a complete set of 7 and making the 006 key is much more difficult since it is a dimple style lock. Easier just to order a set online (find via google).

 

[AHM]

... making the 006 key is much more difficult since it is a dimple style ...

Spoiler: Not much of a dimple, but if you say so...

 

[BrianWilson]

Is this good? or is it to much?

?????????

 

[Len-2A Training]

Is this good? or is it to much?

Actually if a MA DA had a hair across his ass about guns (I think that most do), they would make a case that even this isn't adequate (in spite of the actual words in MGL) and I'm almost certain that many Marsupial MA judges would go along with the DA!

Sad, very sad state of affairs.

 

[MisterHappy]

Well, the picture DOES show that it's possible to open and get at what's inside, so....