Gun charge against Cape trooper dismissed

[mikem317]

Email from Angela at GOAL:

February 23, 2009
Dear GOAL member,

Late last week a Barnstable District Court handed down a significant decision regarding a charge under the Massachusetts firearm storage laws, Chapter 140, Section 131L. In the Bolduc case, the charge was dismissed by the court due to the language in the Heller decision that had ruled such laws unconstitutional.

GOAL would like to caution our members that while we celebrate this is step in the right direction, keep in mind this was a district court decision, and it does not necessarily change the storage laws here throughout Massachusetts. Therefore, we would recommend that all gun owners continue to adhere to the Massachusetts firearms storage laws for the time being. GOAL is attempting to secure a copy of the decision and will alert our members as we find more information about it.


http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090221/NEWS/902210317

Angela/GOAL
Gun Owners' Action League

 

[greycar]

Case dismissal triggers gun owners' approval

February 24, 2009

Last week's ruling by a Barnstable District Court judge to dismiss a charge against a state trooper for illegally storing his police-issued gun is being cautiously applauded by gun owners.

On Friday, Judge Joan Lynch, citing a U.S. Supreme Court case, dismissed a charge against state police Lt. Richard Bolduc for improper storage of his Sig Sauer P226 .40-caliber handgun.

SNIP

Don't expect a similar appeal from Cape and Islands District Attorney Michael O'Keefe, whose office prosecuted Bolduc. "We'll wait and see what happens in the Middlesex case," O'Keefe said yesterday.

O'Keefe said Lynch's ruling appears to be a correct interpretation. "I've read the decision and it's straightforward and clear, and I don't disagree with it at all," he said.

SNIP

http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090224/NEWS/902240305

 

[terraformer]

What is this middlesex case? And why do I bet the middlesex case is against a loser drug dealer.

 

[drumenigma]

I don't folloow you on the not being prosecuted.The guy was charged,had to hire an attorney,and a judge later dismissed the charge.Not being prosecuted would mean none of the above happened.

Just because charges are brought against someone does not equal prosecution. I have a feeling that the judge was more likely to dismiss the charge based on the Heller ruling since the defendant was a PO. If I was charged even I could have brought up the Heller case myself without needing an attorney to but do you think the really would have just dismissed the charge against me? I am sure that I probably would have been prosecuted to some extent.

 

[Rob Boudrie]

The only thing that is surprising about this case is that it made it this far in the system, rather than being quietly dropped since the alleged offender was MSP.

Future decisions on similar cases will be interesting, since the judges won't be able to tell the truth with ruling (i.e., "Since the defendant is not a LEO, we will not stretch the Heller case to drop the charges, proceed with a trial"), and will have to issue an opinion which differs in legal reasoning from this one.

 

[FunYun]

This is interesting, I thought it was a personal firearm and not a service weapon, which is odd as a service weapon outside of policy would have been a slam dunk. A dont see how the Heller verdict would even have come into play here.

The state was trying to convict him on the storage violation. That doesn't mean the dept. wouldn't take action against him for the policy violation.

Most likely, the dept. was waiting for the state law ruling first as its easier to remove an officer who has broken the law, rather than just a dept. policy. Not to mention letting the state take on the cost of prosecution first, then get him for policy latter if still needed.

 

[GOAL]

The Middlesex case is mentioned in the new capecodtimes article. GOAL is lookinig for any info on this case we can get. It is vitally important that this case is not lost in the appeals court. So any help getting the case decisions and appeals info would be greatly appreciated.


http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090224/NEWS/902240305

That could come in a challenge by Middlesex County District Attorney Gerald Leone. Leone is appealing a recent lower court ruling to dismiss a gun storage charge against a Billerica man.

In that case, the man's 18-year-old son, who had Down syndrome, shot a BB gun at a neighbor's house, according to court documents. Inside the house, police found an unlocked semi-automatic hunting rifle under a bed.

That case was also dismissed citing the Heller decision, but an appeal is pending.

Don't expect a similar appeal from Cape and Islands District Attorney Michael O'Keefe, whose office prosecuted Bolduc. "We'll wait and see what happens in the Middlesex case," O'Keefe said yesterday.

 

[Half Cocked]

Just because charges are brought against someone does not equal prosecution. I have a feeling that the judge was more likely to dismiss the charge based on the Heller ruling since the defendant was a PO. If I was charged even I could have brought up the Heller case myself without needing an attorney to but do you think the really would have just dismissed the charge against me? I am sure that I probably would have been prosecuted to some extent.

Are you mising the fact that a similar case was dismissed against someone in Billerica who is not a LEO! That dismissal was also based upon the Heller decision.

 

[Half Cocked]

As I have previously stated. Do not expect DA Okeefe's office to appeal as they are generally very pro-gun and are not unhappy with the decision.

O'Keefe said Lynch's ruling appears to be a correct interpretation. "I've read the decision and it's straightforward and clear, and I don't disagree with it at all," he said.

 

[drumenigma]

Are you mising the fact that a similar case was dismissed against someone in Billerica who is not a LEO! That dismissal was also based upon the Heller decision.

I do not recall that particular instance but I would be interested in reading it.

 

[HoseHead]

The Middlesex case is mentioned in the new capecodtimes article. GOAL is lookinig for any info on this case we can get. It is vitally important that this case is not lost in the appeals court. So any help getting the case decisions and appeals info would be greatly appreciated.


http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090224/NEWS/902240305
[/I]

There was an article about this in the most recent copy of "Mass lawyers weekly".
I don't have an account so I can't bring up the entire article. I believe you can sign up and read the first 3 issues for free though.

http://www.masslawyersweekly.com/

 

[cekim]

There was an article about this in the most recent copy of "Mass lawyers weekly".
I don't have an account so I can't bring up the entire article. I believe you can sign up and read the first 3 issues for free though.

http://www.masslawyersweekly.com/

The sum of it was, this case went that way, the other case went the other way and its going to have to work its way through the courts like low fiber meal through an irritable bowel...

All of which precisely identifies the arbitrary and capricious nature of MA gun laws... (all of MA laws for that matter)...

 

[Coyote33]

dupe/merge?

Thread: Trooper's son gains access to gun

I was just looking this case up, and found these two threads, which basically cover the same thing. If a moderator could merge them, it might be helpful. Thanks.

 

[HooVooLoo]

Well, if you had not responded to this thread, it would not have been bumped and would have stayed quietly buried. If you would not bump 1-YO threads when you can clearly see there is a new thread regarding the issue at hand, there would be no reason for mods to merge them. Thanks.

 

[Coyote33]

Well, if you had not responded to this thread, it would not have been bumped and would have stayed quietly buried. If you would not bump 1-YO threads when you can clearly see there is a new thread regarding the issue at hand, there would be no reason for mods to merge them. Thanks.

Genious answer there. I did a search on the subject, and found two identical threads. I chose one to post to, and the other to point out the duplication. Thanks anyhow.

 

[pbearperry]

This may be a shock to many,but the same outcome could happen to anyone if you spend enough on lawyer fees.I am sure this dismissal cost the Statie plenty.