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nstassel

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I did not see anything in ntassel's narrative of the case that indicated unlicensed possession was charged.

The law does not allow possession of a handgun with only an FID, however, an assistant AG testified to the contrary in Federal court.
do you have that transcript?
 

Mesatchornug

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I did not see anything in ntassel's narrative of the case that indicated unlicensed possession was charged.
I'll be honest, I'm not sure what "the above two charges" are in the narrative.
The law does not allow possession of a handgun with only an FID, however, an assistant AG testified to the contrary in Federal court.
You picked up what I put down.

@nstassel I wish your clients the best of luck.
 

Len-2A Training

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true but his problem is the RO.
Understood. Hopefully the facts that he told them where it was, he was out-of-state, and when they couldn't find it, he came back and found it plus handed it over should nullify the refusal to Immediately turn it over issue . . . with a good attorney such as you.
I did not see anything in ntassel's narrative of the case that indicated unlicensed possession was charged.

The law does not allow possession of a handgun with only an FID, however, an assistant AG testified to the contrary in Federal court.
Back in the "good for life" days of the FID, it was indeed valid for possession of a handgun in the home. Not sure if that would fly to give the boot to the possession without a license charge . . . and we aren't told if it was a lifetime FID or a newer one (which made possession of any handgun illegal)

Hopefully, Rob can provide Neil with a pointer to that BS AAG testimony and that it helps the client.
 

Garys

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Sure, why would you want to give any credence to an attorney who practices criminal law in MA and specializes in firearms law violations?

And I do not believe, for one millionth of a second, that the alleged mandatory one year (or one and a half) in prison is enforced and served in even a substantial minority of cases.
 

Rob Boudrie

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Hopefully, Rob can provide Neil with a pointer to that BS AAG testimony and that it helps the client.
If needed by defense counsel, I will find it (though he probably already has)

A real question is if the entrapment by estoppel defense applies when the state LE official declaring something official does something in a federal court proceeding, rather than in a communication directed at the person attempting to use that defense.
 

Broccoli Iglesias

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So, this presents an interesting case...

Let's say, you let your brother borrow a rifle that is in your brothers safe. Your brother lives maybe 50 miles away.

You are presented with an RO and told to surrender your guns, but, you can't surrender that rifle right away.

WTF do you do in that case?
Can you get charged for not surrendering all your guns right away?
 
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Miguelito

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You're entitled to your beliefs no matter how uninformed they are. But I deal in realities and am a guy that sees real people get launched and visits them in jail.

Here's two examples of a cases going on right now that the DA intends to incarcerate that the attorney has reached out to me for help:

case one
Client inherits a WWII pistol from deceased grandfather in Michigan. Client had a FID card, but let it lapse. Stores pistol and ammunition in a locked safe. He never uses or fires gun, keeps it only as sentimental keep sake from grand father. On wife’s urging he buries gun and bullets in locked safe on property to keep away from young childrens.
Some point later, client and his wife argue, he leaves household and goes to live in a friend’s cabin in Maine;
Wife obtains ex parte 209A order, which is served on Husband in Maine, and which includes language about surrendering any guns…
Husband has no way , no money to travel from N. Maine back to Reading to surrender gun, so he explains to Maine officers (who served him with RO order) where gun is.
Reading PD goes to property with metal detector and cannot find gun.
Husband returns to MA to face extension hearing on wife’s RO. Afterwards, he goes to residence and digs up safe with gun and bullets, still locked in safe, and delivers / surrenders to Reading PD.
53 days later, Reading PD files the above two charges against Husband and cites client’s “delay” in surrendering guns and ammunition.

case two
guy who lives in NH runs a street sweeper in parking lots at night. cop sees him empty the sweeper into a private dumpster and investigates. guy is carrying loaded pistol.

Both of these idiots are going to get the mandatory sentence probably. Their lawyers are desperately looking for help.
You can believe whatever you want but these are facts. Plus the DA offices are desperate to show that they go after anyone regardless of where they're from to help combat arguments of bias against one group versus another.

Sorry to insert facts but we deserve to know the truth before we parrot nonsense.
Those are facts, not statistics. I do not believe that a person without any prior convictions or concurrent criminal charges stands a 50% or greater chance of serving a year or longer in a Massachusetts state prison for possession of a handgun without an LTC.

I will continue to believe so until I see credible statistics showing otherwise.
 

Broccoli Iglesias

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Those are facts, not statistics. I do not believe that a person without any prior convictions or concurrent criminal charges stands a 50% or greater chance of serving a year or longer in a Massachusetts state prison for possession of a handgun without an LTC.

I will continue to believe so until I see credible statistics showing otherwise.
Dude, you are arguing against the one guy that almost every NES member would choose to defend them if they ever end up in court.

Just give up and walk away.

PS - he is the lawyer I have set up in USCCA to call if I ever need one.
 

nstassel

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Those are facts, not statistics. I do not believe that a person without any prior convictions or concurrent criminal charges stands a 50% or greater chance of serving a year or longer in a Massachusetts state prison for possession of a handgun without an LTC.
You're right, they'd go to the house of correction.
 
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Qwikdraw45

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Good time to bring it up. Have to meet some family members tomorrow from CT. We're meeting 1/2 way for all of us - in MA. CT non-res license ran out. Renewed a month after and had it in 5 days. MA non-res ran out in Feb. Called (could barely hear the guy on the phone) and was told something about it being approved in February. Guy wasn't sure why it hadn't been printed out and mailed. Guess I'll be travelling naked tomorrow...
 

Miguelito

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Dude, you are arguing against the one guy that almost every NES member would choose to defend them if they ever end up in court.

Just give up and walk away.

PS - he is the lawyer I have set up in USCCA to call if I ever need one.
Dude, I am arguing against additional laws because i believe they don't properly enforce the ones that are on the books. No one has given me any statistics that prove otherwise. Am I not allowed to employ critical thinking? Do you even know what anecdotal means?
 

Miguelito

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Dude, I am arguing against additional laws because i believe they don't properly enforce the ones that are on the books. No one has given me any statistics that prove otherwise. Am I not allowed to employ critical thinking? Do you even know what anecdotal means?
I am not an attorney but I work with many excellent ones. All of them would encourage critical thinking. What is wrong with asking for evidence to support assertions? I don't have evidence, but am giving my opinion based on a lifetime of observation.
 
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Rob Boudrie

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I am not an attorney but I work with many excellent ones. All of them would encourage critical thinking. What is wrong with asking for evidence to support assertions? I don't have evidence, but am giving my opinion based on a lifetime of observation. Gove me some stats or shut the f*** up.
Different frame of reference will yield different experisences.

Those of us who get information on Bartley-Fox sentencing from watch media reports get one perspective, perhaps biased in favor of the unusual cases where dirtbags beat the rap. Joe Average doing time in stir because he didn't bother getting a MA LTC, or unintentionally straying into the state are not as newsworthy.

Defense attorneys who deal with those facing charges get another perspective.

Those involved in the system but who do not deal with defendants (on either side) get yet another perspective.

Just one of the reasons why anecdotal evidence isn't.
 

Broccoli Iglesias

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Dude, I am arguing against additional laws because i believe they don't properly enforce the ones that are on the books. No one has given me any statistics that prove otherwise. Am I not allowed to employ critical thinking? Do you even know what anecdotal means?
He gave you an answer already.
You can go find the information yourself and educate us.
 

M1911

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I am not an attorney but I work with many excellent ones. All of them would encourage critical thinking. What is wrong with asking for evidence to support assertions? I don't have evidence, but am giving my opinion based on a lifetime of observation. Gove me some stats or shut the f*** up.
You don't get to tell people to shut up here.
 

Rat187

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Dude, I am arguing against additional laws because i believe they don't properly enforce the ones that are on the books. No one has given me any statistics that prove otherwise. Am I not allowed to employ critical thinking? Do you even know what anecdotal means?
Dude from my experience (facing 5 years) , your expectation of logic from the DA office is divorced from reality
 
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