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ERPO leads to a large capacity magazine charge

M1911

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An Edgartown fire lieutenant and former Oak Bluffs building inspector faces two counts of unlawful possession of high capacity feeding device after Edgartown Police allegedly discovered 30 round AR-15 magazines in a safe at an Edgartown residence...

On Sept. 17 Oak Bluffs Police received notice from Massachusetts State Police that Magri may be a danger to himself and may be armed, according to a police report. Oak Bluffs Police Chief Erik Blake and Sgt. Michael Marchand visited Magri at Oak Bluffs town hall, took a .380 pistol that he had in his possession away from him, and explained to him why they were there, according to the report. Magri subsequently volunteered to be transported to Martha’s Vineyard Hospital, the report states. Police records indicate the pistol in Magri’s possession was lawfully carried.

Edgartown Police, upon learning Magri was allegedly the subject of an involuntary mental health commitment and that he may be a danger to himself, moved to suspend his concealed carry license and his firearms identification (FID) card. At a firearms suitability hearing on Sept. 27, Judge Edward Lynch upheld the suspension of Magri’s carry license and FID card.

...

“While inventorying Raphael’s ammunition, I discovered two 30 round ‘hi-capacity’ AR-15 ammunition magazines inside a small green ammo storage can,” Sgt. DeRoche wrote in a report on Sept. 25. “The magazines were loaded and both had the date of manufacture (so-called date code) stamped on them. One of the stamps read, ‘04/08’ (April-2008, the other stamp read, ‘10-08’ (October-2008). Both magazines were placed into evidence,” DeRoche wrote.

Some folks on NES are rather unconcerned about owning post-ban magazines. But this is an example of someone who would otherwise not be facing any criminal charges who is now likely to be convicted of a felony punishable by at least one year and up to 10 years in prison.


Full text here: Fire lieutenant faces felony weapons charges - The Martha's Vineyard Times
 

mg42doc

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I don’t want to hear any more bullshit about how cops will refuse to participate in a national gun confiscation when these jizzholes screw an old man after being committed and losing his property over an item that is legal for anyone to own in most states.

Seems like these local ERPOs are just conditioning and practice to violate rights on a much larger scale
someday, everybody will be unfit
 
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Why would anyone keep post-ban hi-cap magazines with a date code stamped on them? That's surrendering the burden of proof without a fight. Someone that went to the lengths to get an maintain both a LTC & FID should have known better unless the PD just made shit up.

I also don't get how legally a person supposedly not of sound mind, according the court, is able to give consent to the authorities for a search. If they aren't of sound mind, they shouldn't be able to give consent.
 

M1911

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Why would anyone keep post-ban hi-cap magazines with a date code stamped on them?

Maybe he didn’t even know they were date stamped. Or he didn’t know any better. Or he believed like many here on NES that if the police found that he had post-ban magazines that he would be in bigger trouble (for example, in the midst of a self-defense case) and the large cap magazines would be the least of his trouble.

I’ve seen people in MA with post ban magazines. I’m aware of at least one FFL that sold a post-ban shotgun with a pistol grip stock (not installed) that would result in that gun being an illegal assault weapon if installed.
 

drgrant

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Part of the problem is MA gun owners are so pissed at this point they just don't care, they would do well to protect themselves in this environment.... doesn't take much, either... squirrel your "weird" shit until you can get out.... otherwise stay low and off the radar......
 

M1911

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There are more than a few gun owners that think their Class A “large capacity” LTC allows them to own large capacity magazines (without understanding the whole pre-ban vs. post-ban distinction).
 

mibro

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Maybe in this case, because the magazines were date stamped, the LEO thought it was outside the limits of his discretion to ignore.

Also, this dude was ERPO'd because he was a danger to HIMSELF, so don't say to anyone, even in jest, you're thinking about checking yourself out.

I can see the day, coming soon, when law-abiding folks are routinely ERPO'd for any negative contact with the state.

Tell your doctor you're feeling a little blue? Potential mass shooter, ERPO. Speeding ticket? Reckless behavior, ERPO. Late on your real estate tax and short of cash? Broke and desperate, ERPO.
 

swatgig

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The timing of this is highly suspicious. How did they get from "Magri subsequently volunteered to be transported to Martha’s Vineyard Hospital" to "inventorying Raphael’s ammunition"? Search warrant?

Oh yeah, I forgot, "but gunz"
 

Brewer

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Voluntary transport was likely after being told, "You can go voluntarily or we'll issue a Section 12 authorizing up to 72 hours involuntary hospitalization for psychiatric eval."

I'm just relieved to hear those high-cap mags are off the streets. You know a guy bent on offing himself will likely fail if limited to ten rounds. /s
 

PaulR

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It's always the Street thugs, career criminals that get caught with this offense.
I've never, ever seen otherwise.
This time, a fire Lieutenant and building inspector.
Hard to believe it is coming to this.
I'd like to hear more why he was ERPO'd, does the article say?
 

bigpick

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It is interesting how it says he volunteered and then the edgartown police learns of his involuntary commitment. Which one is it? Not sure if it really would make a difference but it should.
 

Brewer

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It is interesting how it says he volunteered and then the edgartown police learns of his involuntary commitment. Which one is it? Not sure if it really would make a difference but it should.
I think voluntary initial transport and then involuntary commitment after the psych eval proved he was a danger to himself.
 

ReluctantDecoy

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Wonder if he thought he'd get some professional reciprocity from the police if ever caught with the post-bans, with him being a fireman. But then with ERPO, the police couldn't look the other way.
 

pupchow

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I can see the day, coming soon, when law-abiding folks are routinely ERPO'd for any negative contact with the state.

If I'm ever unable to wipe my own ass, having a large cap mag and a telephone nearby could come in handy. FREE state care!
 
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I don’t want to hear any more bullshit about how cops will refuse to participate in a national gun confiscation when these jizzholes screw an old man after being committed and losing his property over an item that is legal for anyone to own in most states.

The Bootlicker's paradox:

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CrackPot

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I always have told people the greatest risk for getting caught with their "f*ck MA" normal capacity mags and assault weapons is their domestic partner pulling a restraining order which results in confiscation. ERPO is now tied or ahead for the likely reason they will get jammed up if they start collecting free state gear in MA.
 
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