Whoops: BPD Officers Recover Eleven Firearms While Placing Suspect in Custody in Downtown Boston

[Hoover]

I'm trying to understand the legal aspect here. According to the report, he was arrested carrying a heavy bag inside South Station. Here's what I see:

1) A heavy bag is not enough for detention, let alone an arrest. Unless weapons were sticking out or he was acting suspiciously, then detention would have been justifiable. Switching hands when carrying a heavy bag is not a justification
2) He was arrested inside a transportation facility. As per federal law, transportation of legally acquired firearms is allowed. Now, if he was arrested outside the facility, that would be different but I am still going to point to 1: no cause for search or detention.
3) no federal charges were filed. This makes sense. According to the photos, most guns were not loaded and the ammo was in separate boxes. Heck, even magazines were not loaded. According to TSA, this is an accepted way of transporting firearms.
3) As someone had mentioned in this thread, someone had given police information on the guy's intent to distribute within Massachusetts. Unless the guy actually sold the weapons in MA, the intent cannot be proven.

Considering that the ONLY charge is illegal firearms possession(one per firearm), I half-decent attorney will get them dismissed.

That said, if this guy came here to do illegal $#!t, he should go to jail! What pisses me off is that police acted in such a dumb fashion that this guy will most likely go free. What if the next time he is successful. These guns will end up in the hands of some gangbanger in Brockton and someone's son/daughter/wife/husband is murdered? All thanks to the ineptitude of officers eager for a promotion.

The way this guy is going down is the Feds putting the screws to him.
He will be incapable of STFU at Federal standards, and will be putty in their hands.

If it goes to trial and the prosecution narrative starts with pretextual ragtime
about a heavy backpack constituting reasonable suspicion of a crime;
and only then proceeds to "oh, this must be the guy the multi-agency task force
had South Station staked out for" (pause to roll eyes),
the gun evidence at least has the faintest glimmer of getting tossed.

(But how much you want to bet they had someone shadowing him all the way from Tennessee?)


Full credit to MSP Gang Unit, BPD Yout Violence, and AFT for embroidered patches.
Actually, bonus credit to AFT for two patches.
Partial credit to whatever Hub (Interagency?) Yout Task/Fill-in Task Force skinflinted with a decal
of a shield, two arrows, and a stabby thing.

They may have texts, etc where he’s talking about selling guns, etc. remember this is an investigation that has been going on for weeks or months, they didn’t pick this guy out of thin air.

My guess is they charged him with the state charge as a token charge to hold him and such and they’ll mention the federal charges he could face if he doesn’t cooperate.

 

[Spartan65]

It always amazes me on here how many members know exactly how these things go and how many have no frickin clue.

I would assume the fed charges will wait until he is indicted by a grand jury. Since this case seems to be interstate commerce I would think the feds will take the case and the state will drop. As we just saw today with the VIB chick and her husband.

The question I have is why does it sometimes take so long to have a grand jury return an indictment and sometimes is very quick?

 

[enbloc]

I don’t know why people would think of this as a random stop.

They consulted a medium...

"Oh magic 8-ball. Is this the guy smuggling guns into Boston?"
"They one dragging a dufflebag though South Station...?"

 

[AHM]

It's only a crime when .40s are involved.

I don't know if trains are different, but on airplanes you cannot transport firearms or magazines as carry on luggage.

Hey @cams, I rode heavy on the Red Line and the Green Line.
Where do I turn myself in?

What’s with the lone chamber flag?

Even the cops are afraid of RSOs...

 

[Quite_Exasperated]

Was a crime committed?

View attachment 590559

Yes, not a single 1911 in that pile of plastic junk…

 

[nstassel]

I'll bet this case stays in state court. Generally when there's an investigation like this a decision is made prior to arrest which way the case will go based on the penalty. Here I wager the defendant had no prior conviction so he wasn't a prohibited person. If he was they could take him off in Tennessee. They had to wait until he was in Mass to jam him for the mandatory 18 month possession charge plus large capacity and assault weapon charges.

As it is there's not much to do federally except arguably dealing in firearms but he hadn't sold one yet and it's not a very serious charge.

 

[Quite_Exasperated]

I'll bet this case stays in state court. Generally when there's an investigation like this a decision is made prior to arrest which way the case will go based on the penalty. Here I wager the defendant had no prior conviction so he wasn't a prohibited person. If he was they could take him off in Tennessee. They had to wait until he was in Mass to jam him for the mandatory 18 month possession charge plus large capacity and assault weapon charges.

As it is there's not much to do federally except arguably dealing in firearms but he hadn't sold one yet and it's not a very serious charge.

What about the ubiquitous “he crossed state lines”?

 

[drgrant]

I'll bet this case stays in state court. Generally when there's an investigation like this a decision is made prior to arrest which way the case will go based on the penalty. Here I wager the defendant had no prior conviction so he wasn't a prohibited person. If he was they could take him off in Tennessee. They had to wait until he was in Mass to jam him for the mandatory 18 month possession charge plus large capacity and assault weapon charges.

As it is there's not much to do federally except arguably dealing in firearms but he hadn't sold one yet and it's not a very serious charge.

Good points, if the guy was otherwise clean, you're probably right. I just went under the assumption that they were going to go all quisinart on him and whacked him with the state BS as a placeholder so someone could write up a fancy ass fed indictment based on how many laws he ended up actually breaking during his amtrak journey.

Also *tinfoil hat on* how much power would rollins have to punt this case out of fed land if she thinks this kid is the wrong skin color to get federally charged? Or is that something that is "frowned upon by the community, even if the USA is a known moonbat" ?

I guess I find it suspect that the ATF is involved in this and theyre not trying to get their pound of flesh. (or maybe they were, but it didnt pan out)

 

[nstassel]

Good points, if the guy was otherwise clean, you're probably right. I just went under the assumption that they were going to go all quisinart on him and whacked him with the state BS as a placeholder so someone could write up a fancy ass fed indictment based on how many laws he ended up actually breaking during his amtrak journey.

Also *tinfoil hat on* how much power would rollins have to punt this case out of fed land if she thinks this kid is the wrong skin color to get federally charged? Or is that something that is "frowned upon by the community, even if the USA is a known moonbat" ?

I guess I find it suspect that the ATF is involved in this and theyre not trying to get their pound of flesh. (or maybe they were, but it didnt pan out)

Almost certainly they knew he wasn't a pp so they were forced to let him travel. If they knew he was going to mass or NY etc then it was clear they'd just charge him when he got to his end state bar on the penalty involved.

 

[nstassel]

What about the ubiquitous “he crossed state lines”?

that's not a crime though it's only the grounds for jurisdiction in federal court.

 

[Fixxah]

Three of these look brand new, still with the red factory warning tags on the trigger guards:

How many are on the approved roster?

 

[AHM]

Also *tinfoil hat on* how much power would rollins have to punt this case out of fed land if she thinks this kid is the wrong skin color to get federally charged? Or is that something that is "frowned upon by the community, even if the USA is a known moonbat" ?

1. It's Biden* America.
2. It's The Hub, Jake.
3. ...? (I.e., I reserve the right to think of more reasons later).

Never say never in the PRM.

What about the ubiquitous “he crossed state lines”?

that's not a crime though it's only the grounds for jurisdiction in federal court.

(Although I readily concede that it could be an element of some 10,000 Federal crimes),
frankly, it sounded to me more like some catchphrase from a joke about porpoises and the Mann Act.

How many are on the approved roster?

 

[In God We Trust]

Lugging a heavy bag through south station is probable cause now?

It can be when combined with information from a reliable snitch. It’s enough for a terry frisk at least.

 

[TOM1960]

I am glad he got his stupid ass nailed by the feds. He will face real prosecution and, hopefully, a long federal prison sentence instead of the revolving-door approach that MA takes when dealing with violent felons. The more killings that take place in Boston, the greater the outcry for more restrictive gun laws, which Maura will enthusiastically support. Ultimately, us law abiding gun owners will pay the price like we always do.

This is what happened:

ATF in Tennessee got wind of him accumulating guns to sell. An ffl probably got concerned about a straw purchaser who pointed to him. Or this is a spinoff of the student in nyc also from Tennessee that sold 300 guns to the atf.

Either way he was monitored all the way from Tennessee. Him having a heavy bag is only corroboration of what they already knew was going on.

Not an easy case for the defendant I suspect.

College student accused of selling dozens of loaded guns to undercover NYPD cop

A Tennessee college student was arrested in New York for allegedly selling dozens of loaded guns to an undercover police officer, prosecutors announced Wednesday.

nypost.com

 

[LLF]

Lugging a heavy bag through south station is probable cause now?

If he had used a roller bag instead of the backpack those guns would be all up and down Columbia Road by now.

 

[LLF]

I am glad he got his stupid ass nailed by the feds. He will face real prosecution and, hopefully, a long federal prison sentence instead of the revolving-door approach that MA takes when dealing with violent felons. The more killings that take place in Boston, the greater the outcry for more restrictive gun laws, which Maura will enthusiastically support. Ultimately, us law abiding gun owners will pay the price like we always do.

You hit the nail on the head.

 

[Hoover]

I am glad he got his stupid ass nailed by the feds. He will face real prosecution and, hopefully, a long federal prison sentence instead of the revolving-door approach that MA takes when dealing with violent felons. The more killings that take place in Boston, the greater the outcry for more restrictive gun laws, which Maura will enthusiastically support. Ultimately, us law abiding gun owners will pay the price like we always do.

You think the politicians in Massachusetts need murders to support more gun control?

 

[TOM1960]

You think the politicians in Massachusetts need murders to support more gun control?

No, but a high body count surely is detrimental to our cause, no matter how you look at it. Every scumbag killed in Boston (or other MA city) is one more statistic for the anti gun types to use against us. Every innocent bystander struck by a stray round is a statistic that will be used against us.

 

[Hoover]

No, but a high body count surely is detrimental to our cause, no matter how you look at it. Every scumbag killed in Boston (or other MA city) is one more statistic for the anti gun types to use against us. Every innocent bystander struck by a stray round is a statistic that will be used against us.

I honestly don’t think politicians pay attention to the drug/gang murders in Chicago, Boston or anywhere else. They barely pay attention when an innocent 9 yr old is killed when the drug shooting hits bystanders.

Vermont never had any gun control and they’ve passed a number of things in the past few years and Vermont has extremely few murders.

 

[drgrant]

No, but a high body count surely is detrimental to our cause, no matter how you look at it. Every scumbag killed in Boston (or other MA city) is one more statistic for the anti gun types to use against us. Every innocent bystander struck by a stray round is a statistic that will be used against us.

Doesn’t matter. Vermont has none of that and they’ve been f***ing gun owners up the ass in the past few. Antis don’t need stats to push gun control. Buying into this “bad people do things with guns and it affects our cause” BS doesn’t help. It only drives the false narrative of guns being a cause.

also go international look at a country like New Zealand that it’s boring with regards to crime 99% of the time and they got f***ed up the ass on gun control because of one guy…. it’s a fools errand to believe most if this stuff can be stopped.

 

[Garys]

Vermont has a bigger problem. Infestation. Of Democrats.

I honestly don’t think politicians pay attention to the drug/gang murders in Chicago, Boston or anywhere else. They barely pay attention when an innocent 9 yr old is killed when the drug shooting hits bystanders.

Vermont never had any gun control and they’ve passed a number of things in the past few years and Vermont has extremely few murders.

 

[Hoover]

Doesn’t matter. Vermont has none of that and they’ve been f***ing gun owners up the ass in the past few. Antis don’t need stats to push gun control. Buying into this “bad people do things with guns and it affects our cause” BS doesn’t help. It only drives the false narrative of guns being a cause.

also go international look at a country like New Zealand that it’s boring with regards to crime 99% of the time and they got f***ed up the ass on gun control because of one guy…. it’s a fools errand to believe most if this stuff can be stopped.

Following on your line “ Antis (statists) don’t need stats to push gun (any type of) control.

Just look at the past few years of covid. Red states went along with restrictions early on then relaxed them. Blue states and cities used covid to control people as much as possible. Those to seek to expand government and control their residents will seek to control always.

Their entire philosophy is the rubes can’t make good decisions for themselves, they are as enlightened as the politicians and bureaucrats. Whether it’s the cars they drive, way they spend their money, health insurance choices, or guns, they don’t want you to have the choice.

 

[Dennis in MA]

Someone likes strikers.

Elaine likes strikers.

 

[cams]

Hey @cams, I rode heavy on the Red Line and the Green Line.
Where do I turn myself in?


Even the cops are afraid of RSOs...

3 Hail Marys (or Solomons) or whatever you guys do. If that doesn’t work you must walk the gauntlet of Mass and Melnea to Andrew Sq, on the sidewalk side! lol

 

[Tartakovsky]

I am glad he got his stupid ass nailed by the feds. He will face real prosecution and, hopefully, a long federal prison sentence instead of the revolving-door approach that MA takes when dealing with violent felons. The more killings that take place in Boston, the greater the outcry for more restrictive gun laws, which Maura will enthusiastically support. Ultimately, us law abiding gun owners will pay the price like we always do.

Unless he’s an illegal alien, in which case the judge and bailiff will let him out the back door and give him some cash for a train ticket.

 

[AHM]

Hey @cams, I rode heavy on the Red Line and the Green Line.
Where do I turn myself in?

3 Hail Marys (or Solomons) or whatever you guys do. If that doesn’t work you must walk the gauntlet of Mass and Melnea to Andrew Sq, on the sidewalk side! lol

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P. S.
Curtis Sliwa is quite the student of American history.

You can't mention that the sky is blue in his presence
without him relating it to the Articles of Confederation
or the Second Bank of the United States.

 

[nstassel]

Case in point. Federal charge for dealing guns without a license is pretty weak. This is also only an option if you can price he's selling the guns.

Indianapolis Man Sentenced to 18 Months in Federal Prison for Illegally Trafficking 167 Firearms, Including Guns Tied to Crimes in Chicago

www.justice.gov

 

[drgrant]

Case in point. Federal charge for dealing guns without a license is pretty weak. This is also only an option if you can price he's selling the guns.

Indianapolis Man Sentenced to 18 Months in Federal Prison for Illegally Trafficking 167 Firearms, Including Guns Tied to Crimes in Chicago

www.justice.gov

Unless the guy had priors and they can go "pp, armed career criminal, ad nauseam" ?

 

[nstassel]

Unless the guy had priors and they can go "pp, armed career criminal, ad nauseam" ?

right but that guy would have been cranked for 120 plus months of he was a pp.

 

[40 Creedmoor fan]

You have no idea what you’re talking about.

You obviously do. Your well-crafted, deep explanation is a reading pleasure