Firearms bedside

[Dave4311]

See dave thats what a friend was told but i dont see how a bedside table constitutes as direct control when your sleeping

Like I said, it's a grey area. Like every other firearm law in this state. It all depends on the circumstances. Within arms reach and if you are the only person who can access it is considered direct control. I understand the sleeping part is hard to argue with but in my opinion, if someone is breaking into my house then they are committing the crime and I'll do what I have to do to defend myself.

 

[jibbr71]

So, the govt should decide what you do in your own bedroom?

That's not what he said at all....

Originally Posted by mikeypjr
I think it should it should be locked in a safe or have a trigger lock on it was just curious what others thought i have a friend who thinks differently

HE thinks it should be locked up, not HE thinks the .gov should tell him when it's locked up.

 

[Dave4311]

It also goes without saying though that if you have children the whole game changes. You need to make sure that it is completely inaccessible to any untrained, unlawful users.

 

[mikeypjr]

Thanks for the info and the advice this is new to me im going for my LTC in 2 weeks so im taking in all the info

- - - Updated - - -

Absolutly dave thx

 

[Horrible]

That's not what he said at all....


HE thinks it should be locked up, not HE thinks the .gov should tell him when it's locked up.

My mistake. Apologies to the OP.

 

[Len-2A Training]

A couple of firearms attorneys that I knew disagreed on this point. It is a very gray area and subject to prosecution if the police or DA want to do so. I'd give 50/50 odds of conviction even if you are the sole occupant of the home! This is MA and activist judges don't like civilian ownership of guns or the idea of self-defense!

Now, that aside a major problem can occur with the following circumstances:

- You have any non-licensed persons live in the same house. A case can be made that they could access the firearm = conviction for illegal storage.
- You get up to go to the bathroom in the middle of the night. Unless you take the gun with you EVERY time, you'd have a very tough time convincing a MA judge/jury that you have direct control when you are 1-2 rooms away from the gun.
- Many have contended that when you are asleep you are not in "control" as you are essentially "unconscious" . . . not an easy argument to defeat.

In MA I would use extreme caution and not advertise what you do anywhere or to anyone.

 

[jasons]

A couple of firearms attorneys that I knew disagreed on this point. It is a very gray area and subject to prosecution if the police or DA want to do so. I'd give 50/50 odds of conviction even if you are the sole occupant of the home! This is MA and activist judges don't like civilian ownership of guns or the idea of self-defense! Now, that aside a major problem can occur with the following circumstances: - You have any non-licensed persons live in the same house. A case can be made that they could access the firearm = conviction for illegal storage. - You get up to go to the bathroom in the middle of the night. Unless you take the gun with you EVERY time, you'd have a very tough time convincing a MA judge/jury that you have direct control when you are 1-2 rooms away from the gun. - Many have contended that when you are asleep you are not in "direct control" as you are essentially "unconscious" . . . not an easy argument to defeat. In MA I would use extreme caution and not advertise what you do anywhere or to anyone.

Storage is just control. Direct control is transport.

 

[Len-2A Training]

Storage is just control. Direct control is transport.

I changed it . . . but functionally I don't think there is a discernible difference in the way a PO or DA would look at those two terms when they decide to prosecute.

 

[Serapis]

I changed it . . . but functionally I don't think there is a discernible difference in the way a PO or DA would look at those two terms when they decide to prosecute.

I would agree with that in most towns and counties here.

Bottom line it comes down to risk and reward and what you need to decide. By the letter of the law, you should lock it up. That takes out any doubt.

 

[blindndead]

Thanks for the info and the advice this is new to me im going for my LTC in 2 weeks so im taking in all the info

- - - Updated - - -

Absolutly dave thx

Please keep us posted on the process and let us know if your a green or red http://www.northeastshooters.com/vb...-Massachusetts-town?highlight=Red+green+towne

 

[mikeypjr]

Please keep us posted on the process and let us know if your a green or red http://www.northeastshooters.com/vb...-Massachusetts-town?highlight=Red+green+towne

Will do

 

[ccm75]

My HD gun is in bedside drawer locked in drawer safe with electronic keypad.
Extra mags in there too....Not ideal but I live in MA and have young kids with lots friends that visit often...
I can access in about 3-4 seconds...I am comfortable with that considering 2 vigilant dogs and the set up our house and property.
That is all...........

 

[ChevyGuy91]

There was a post that disappeared here, I was trying to quote it...what's up with that?

 

[jasons]

I changed it . . . but functionally I don't think there is a discernible difference in the way a PO or DA would look at those two terms when they decide to prosecute.

I don't see how someone would be prosecuted on this unless it were some really bizarre corner scenario (someone strokes out in bed and cops show up with the EMTs or something like that) or if they were just stupid and blabbed to the cops. If you have to use a weapon in self defense, the last thing you want to be doing is talking to cops about how you got to it.

 

[TheCrowing]

There was a post that disappeared here, I was trying to quote it...what's up with that?

There were a few. I don't remember reading anything offensive however.

 

[jasons]

There were a few. I don't remember reading anything offensive however.

I cleaned up some of the off topic crap and troll posts.

 

[Artifact]

Thats why all my night stand firearms have weapon lights

I am against any form of light at my house, dark like a cave. I just grab my PVS-14 and leave the lights off and then the hunting begins.

 

[Dave4311]

I am against any form of light at my house, dark like a cave. I just grab my PVS-14 and leave the lights off and then the hunting begins.

hahaha if you say so, but not all of us have NV capability on our HD weapons. I'll stick with my little 200 Lu Inforce ha

 

[TheCrowing]

hahaha if you say so, but not all of us have NV capability on our HD weapons. I'll stick with my little 200 Lu Inforce ha

I have an energizer headlamp with tactical red LEDs. Does that count?

 

[Len-2A Training]

Originally Posted by jasons I don't see how someone would be prosecuted on this unless it were some really bizarre corner scenario (someone strokes out in bed and cops show up with the EMTs or something like that) or if they were just stupid and blabbed to the cops. If you have to use a weapon in self defense, the last thing you want to be doing is talking to cops about how you got to it.

Nothing bizarre about medical emergencies. I only listen to my local PD & FD on the scanner currently but there are numerous calls each day.

People post all sorts of stuff here that they shouldn't that can incriminate them under the false belief that nobody can find out who they are from a username, wrong!

Most people prosecute themselves by answering all sort of questions and even offering info that gets them in trouble!

 

[Palladin]

I sleep with my rifle....keeps it warm..

 

[jasons]

I think the OP has his answer. If anyone else has anything on-topic that is specifically relevant to the OP's question, PM me and I'll re-open.