Confused about a gun charge

[GSG]

I was reading the Worcester Telegram & Gazette today (I'm sure you can tell I read it a lot based on my posts), and the first case listed in the Courthouse Records listed on page B5 read as follows:

"Worcester Superior Court, Judge John S. McCann
Raymond K. Kaegael, 47, of Fall River, was sentenced to four concurrent terms of 3 years to 3 years and a day in Walpole State Prison after pleading guilty to posession of a firearm while not at home or work, two counts of breaking and entering in the daytime with intent to commit a felony, and injury to a depository or safe. The sentences are to run concurrent with any other sentences now being served. He was placed on two concurrent terms of two years probation, to begin upon his release, after pleading guilty to two counts of larceny in a building. Charges of larceny of a firearm and posession of burglary tools were dismissed at the request of the commonwealth."



What has me confused is the "posession of a firearm while not at home or work." I can only think of someone with an employment restricted LTC-A who had a gun not at work, but reading it I get the impression he broke into a safe and stole a gun. I don't have the details of the case, I don't expect anyone here to, but I'm wondering if anyone else here has ever heard of the charge "Posession of a firearm while not at home or work?" Why not just posession of a firearm without an FID?

http://www.telegram.com/article/20080107/COURTRECORDS/801070348

 

[jar]

If I remember correctly, there's an exception in the law that allows possession of a firearm at your home or in your place of business without an LTC/FID.

 

[Rockrivr1]

I believe that was the old exemption under the old licensing process. I believe the current law indicates that you need to have at least an FID to keep a firearm stored in your home.

 

[pdm]

If I remember correctly, there's an exception in the law that allows possession of a firearm at your home or in your place of business without an LTC/FID.

Really? Huh.

 

[Riverside]

Within the past year, a Boston City Councilor named Flaherty introduced a home rule petition to close a "loop hole" in the existing gun laws. The alleged loop hole "allows" unregistered firearms in the home. He filed this legislation at the request of the esteemed former head of gun licensing in Boston, Raymond Mosher. The police claim they cannot charge the resident. From what I can determine, there may be a fine involved but no jail time.
The MGL is 269 and the city councilor refers to 10H. I cannot find specific information for 10 H.
I'm sure someone will have more information about this alleged loop hole.
I'll just sit and wait for the surge in arrests the closing of this "loop hole" will result in. Sarcasm.

Best Regards.

 

[drgrant]

If the perp has an FID it might have something to do with that,
although IIRC, that whole thing is closed now and a FID will not
cover any handguns, even in limited circumstances.

-Mike

 

[99si/mass]

right if EOPS website
Q: Do I need an FID Card or an LTC Firearms to possess a gun in my home?

A: Yes. At a minimum you need an FID Card for non-large capacity rifles and shotguns. For handguns you need either an LTC,, or an FID Card combined with a Permit to Purchase firearms for the particular handgun in question

 

[FITH]

right if EOPS website
Q: Do I need an FID Card or an LTC Firearms to possess a gun in my home?

A: Yes. At a minimum you need an FID Card for non-large capacity rifles and shotguns. For handguns you need either an LTC,, or an FID Card combined with a Permit to Purchase firearms for the particular handgun in question

*** we have a winner!!!!

 

[Chris]

I don't have time to look them up, but there are two different laws. One makes it a crime to have a gun outside your home or business without a permit and the other makes it a crime to have a gun without a permit.

He was probably charged under the first and plea-bargained the second.

Only in MA do we need two laws that do basically the same thing.