CCCC student arrested for carrying gun

[Jason Flare]

Because ammo.= officer's and others safety in danger

 

[TonyDedo]

Because ammo.= officer's and others safety in danger

Wish I could disarm and frisk every cop that walks by me - pretty sure their gun & badge is more of a danger to me than my gun is to them.

The visible ammunition and hunting knife didn't help his cause.

There is a reason that I don't have any bumper stickers on my car.

+1

 

[StevieP]

First, regardless whether the defendant possessed an FID card, there were sufficient articulable facts to create a reasonable suspicion for the patfrisk and search of the backpack. In the wake of school shootings such as occurred at Columbine, Colorado; Santee, California; and Newtown, Connecticut, "we take judicial notice of the actual and potential violence in ... schools," Commonwealth v. Milo M., 433 Mass. 149, 156 (2001), and note the heightened sensitivity of school officials to signs that a student may have brought guns onto school property and might embark on a shooting rampage.

Except that the Newtown massacre hadn't happened yet when this arrest occurred.

He found a black Smith & Wesson 380 semiautomatic handgun loaded with eighteen bullets, an ankle-style holster, and two additional magazines. Officer Donovan seized the gun, magazines, and bullets and placed the defendant under arrest.

Someone (any one) please point me to any website that shows a S&W .380 that holds 18 rounds.

 

[kalash]

I doubt that it's legal to possess even empty casings on a campus in MA. Anyone know for sure? If so, then having visible ammo on the dashboard does sound like probably cause for a search, no?

 

[browncoat]

Except that the Newtown massacre hadn't happened yet when this arrest occurred.

Yeah, that is pretty ridiculous. You are supposed to be judged on the law as it exists when your crime was committed. I guess that's what happens when you have way too many things in this country that are determined by case law and regulations rather than actually having a clear and concise code.

 

[standfast86]

If your going to pull this kind of stuff off, you need Jerry Remy for a dad.

 

[GaryO]

I usually wear camos when doing yard work or cutting firewood because of the looseness of them, does that mean if I run to the store or gas statio to get something while wearing them that I can be detained and searched?

 

[Palladin]

Except that the Newtown massacre hadn't happened yet when this arrest occurred.



Someone (any one) please point me to any website that shows a S&W .380 that holds 18 rounds.

the orig article in the Cape Cod times, said he had 3 mags in the backpack, each with 6 rounds, and another full mag in the gun

- - - Updated - - -

I usually wear camos when doing yard work or cutting firewood because of the looseness of them, does that mean if I run to the store or gas statio to get something while wearing them that I can be detained and searched?

I wear a camo winter jacket for 5 months of the year!

 

[browncoat]

Did the mom get charged with improper storage since he was able to get his hands on her guns?

 

[Palladin]

Read the complete story on Universal Hub, as Tony linked.....

security officers identified the vehicle, which had decals attached to it, including "Kill 'Em All Let God Sort It Out" and "Sniper No Need to Run--You'll Only Die Tired." Additionally, there was a sign hanging from the vehicle's rearview mirror that said "Funeral."

After the guilty verdict, the Honorable Judge W. James O'Neill imposed the sentence recommended by the Commonwealth. The defendant was sentenced to 2 ½ years in the Barnstable County Correctional Facility, 18 months to serve, balance suspended for 5 years and ordered to undergo a psychiatric evaluation, to comply with the recommended treatment, and to stay away from Cape Cod Community College.

 

[standfast86]

Read the complete story on Universal Hub, as Tony linked.....

Seriously, after just rereading the thread on Jared Remy, this guy got ****ed royally. What was the criminal act again?

 

[Chevy 2 65]

Whitehead said he was not carrying a handgun, but after a safety pat-down Whitehead told Donovan that he had a .380-caliber handgun and three clips of hollow-point ammunition in the backpack, Sweeney said. The gun was loaded with one clip containing six rounds of ammunition.

ITS NOT A CLIP !!!!!

 

[Palladin]

Seriously, after just rereading the thread on Jared Remy, this guy got ****ed royally. What was the criminal act again?

reading the end of the judgement, it seems he got screwed because
1. he admitted there was a gun in the backpack before the search
2. He didn't appeal on the grounds of unlawful arrest, as he had an FID card to possess the ammo in the vehicle.

Had he done both, he might well have gotten off scott free

 

[StevieP]

Sigh...

It's a no-win.

Here we are as law-abiding gun owners shouting from the rooftops "No new laws! Enforce the ones we already have!"

And then they do.

Except this guy is probably only guilty of being a wannabe mall ninja. He had the FID (but not an LTC?), so obviously (to me) wanted to be one of the good guys. But in the end he got screwed anyway, for committing no actual crime against anyone. The security guards and cops are all power-hungry jack-booted thugs.

Or, he could have been the next Sung-Hui Cho, and the security guards and cops should all get rewards and be 4th of July parade marshalls.

The truth probably lies somewhere in-between. He should have contacted Comm2a (?).

 

[standfast86]

Agreed he broke the law, but 18 months served plus another year suspended? Extremely harsh IMO.

Psychiatric evaluation? For having stickers on his car that probably a good percentage of NES people have on their cars? Wearing cammies and boots? Its a college campus for gods sake!