Charged with poss. of a Hi -cap GUN

[hminsky]

Talking about stupid law...explain to me this...

My lic. is an class A Large Capacity
yet i can't have a LARGE capacity Magazine!!!!!

Now please explain it to me like i'm 2 yrs old....

My guess is that they wanted to phase out high cap magazines, so they made it illegal to own new ones, in the hope that the supply of older ones will dry up.

 

[Mr Weebles]

Because he carried illegaly and owned illegaly, vs. carrying without CLASS A-ALP.

Yeah, that makes sense. I was thinking backwards on this ... if he had a LTC-A he could own and carry. The State thinks separately on these I guess.

 

[Coyote33]

Silly question:
How can they BOTH get charged with possession of 1 gun? Have a driver and passenger ever both been cited with speeding tickets?

 

[Lynne]

Silly question:
How can they BOTH get charged with possession of 1 gun? Have a driver and passenger ever both been cited with speeding tickets?

No, but if there's drugs in the car, sometimes everyone in the car is arrested.

 

[M1911]

My guess is that they wanted to phase out high cap magazines, so they made it illegal to own new ones, in the hope that the supply of older ones will dry up.

If the fed AWB bill made ownership of the existing mags illegal, then they would have had to compensate the owners for the value of the magazines. That costs money. Lots of money.

So they grandfathered the existing magazines, but banned private ownership of mags built after the ban was enacted.

 

[boltonguy]

These guys are clearly model citizens:

"Mr. Fernandez was also charged with carrying a firearm without a license (second offense), possession of a firearm without a Firearms Identification Card, possession of a large-capacity firearm, marked lanes violation, having a nontransparent or obstructed window, driving under the influence of alcohol or .08 percent, possession of an open container of an alcoholic beverage in a vehicle, and driving without a license.

Mr. Morales was charged with carrying a firearm without a license, possession of a large capacity firearm, possession of a firearm without a Firearms Identification Card, possession of an open container of an alcoholic beverage in a vehicle, and failing to wear a seat belt. "

Talk about fuxored. Jeez ...

 

[JonJ]

These guys are clearly model citizens:

Of what country?

 

[M1911]

Of what country?

Of our country. Haven't you been watching the proposed legislation for illeg^H^H^H^H^Hundocumented immigrants?

 

[jamz]

These guys are clearly model citizens:

"Mr. Fernandez was also charged with carrying a firearm without a license (second offense), possession of a firearm without a Firearms Identification Card, possession of a large-capacity firearm, marked lanes violation, having a nontransparent or obstructed window, driving under the influence of alcohol or .08 percent, possession of an open container of an alcoholic beverage in a vehicle, and driving without a license.

Mr. Morales was charged with carrying a firearm without a license, possession of a large capacity firearm, possession of a firearm without a Firearms Identification Card, possession of an open container of an alcoholic beverage in a vehicle, and failing to wear a seat belt. "

Talk about fuxored. Jeez ...

Interesting... I wonder how they would deal with it in this scenario:

2 people in car, driver carrying concealed weapon, no license. Passenger has LTC-A but is not carrying. Driver is charged with carrying without licnese, and passenger is....

 

[drgrant]

Interesting... I wonder how they would deal with it in this scenario:

2 people in car, driver carrying concealed weapon, no license. Passenger has LTC-A but is not carrying. Driver is charged with carrying without licnese, and passenger is....

Guy W/O license still gets charged, guy W/LTC loses license due to unsuitability
pet trick (assuming he owned the gun the other guy was carrying or was
intoxicated himself, or the IA could just do it for the hell of it for consorting
with the guy carrying the gun illegally).

-Mike

 

[drgrant]

Silly question:
How can they BOTH get charged with possession of 1 gun? Have a driver and passenger ever both been cited with speeding tickets?

It's possible if the gun was loose in the car they could do that... because
both of them could have "constructive posession" now if one guy had it
on his person... directly... that might be a bit harder to pull off.

Edit: One other mentality by a lot of DAs is somewhat of a "spray and pray" strategy... it doesn't
matter how bogus the charges are, because DA's or the like (almost) never get penalized for false
charges and the like... so they treat cases somtimes like throwing a piece of baloney against a wall
and hoping it sticks... and they figure use two slices of baloney instead of one.

Edit2: FWIW I think these guys probably are not being hit with bogus charges, but you did ask a good
question....


-Mike

 

[greycar]

COMMONWEALTH V Costa

"4. Duplicative convictions. The Commonwealth has correctly conceded that the defendant's convictions of illegal possession of a firearm and of illegal possession of a large capacity weapon are duplicative because the former is a lesser included offense of the latter. The only difference between the two violations is the "capacity" of the firearm. "The appropriate remedy for duplicative convictions, so as to prevent multiple punishments, is to vacate both the conviction and sentence on the lesser included offense, and to affirm on the more serious offense." Commonwealth v. Valliere, 437 Mass. 366, 371-372 (2002).
Accordingly, on the indictment charging unlawful possession of a firearm under G. L. c. 269, § 10(a), the judgment is vacated, the verdict is set aside, and the indictment is to be dismissed. On the indictments charging unlawful possession of a large capacity weapon and unlawful possession of a large capacity feeding device under G. L. c. 269, § 10(m), the judgments are affirmed. "

http://www.masslaw.com/signup/opinion.cfm?page=ma/opin/coa/1124905.htm

 

[FITH]

rules rules rules why do you have to screw it all up with the rules...LMAO

 

[kevin9]

True greycar, however that only really applies at the end of the process. Like drgrant points out this is probably a case of charging them with everything they can think of and then seeing what pans out. Charge 'em both with hi-cap possession and see who will rat on who and plead out on what.

 

[fubar]

...and regardless of the license class, you still can't carry when you're drunk.
http://www.mass.gov/legis/laws/mgl/269-10h.htm

Well I learn something every day. Now I know I can't carry while I am sniffing glue either. I oughta move away .....