Improper storage charge....in a car?

[DPR]

Am I missing something or do the storage laws apply while transporting? I didn't think they did or that a trigger lock would be in compliance with transportation laws. Drunk driving in the parking lot of the station is priceless.

Weston police officer charged with OUI, improper gun storage

 

[DW357]

I'm surprised the PD didn't try to sweep this under the rug.

 

[Len-2A Training]

It's a bullshit charge. From what I read, that is compliant with BOTH storage and transportation laws. It could be questionable only if it was loaded (we don't have a court ruling on that AFAIK to date).

 

[Len-2A Training]

I'm surprised the PD didn't try to sweep this under the rug.

If they don't like you, the fact that you are a LEO will not protect you when the brass decides to throw you under the bus. I've seen it happen to officers before.

 

[Bob P]

Len nailed it. If you get popped for something they're going to throw anything and everything at you - bullshit or not. Whether or not you're following all of the storage etc laws, expect to get charged in the event you ever get popped for something else. Shotgun approach - include everything and make the defendant defend against it all. The more you throw at someone the more likely it is something will stick.

 

[DPR]

I'm surprised the PD didn't try to sweep this under the rug.

Tough to do since he crashed into the rug

 

[Rob Boudrie]

The EOPS has stated that a locked trunk is secure storage. As to "loaded" - the requirement is "direct control" when moving; "unloaded" when stored.

He must have really pissed someone off - getting the full treatment including LTC revocation or suspension.

 

[Len-2A Training]

The EOPS has stated that a locked trunk is secure storage. As to "loaded" - the requirement is "direct control" when moving; "unloaded" when stored.

He must have really pissed someone off - getting the full treatment including LTC revocation or suspension.

Rob, where does it state that unloaded is required when stored? I've never seen that, although I think it is wisest to do so in a MV.

 

[DPR]

Rob, where does it state that unloaded is required when stored? I've never seen that, although I think it is wisest to do so in a MV.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131C I'm reading that if it's in your trunk then it must be unloaded

 

[Rob Boudrie]

Rob, where does it state that unloaded is required when stored? I've never seen that, although I think it is wisest to do so in a MV.

DPR nailed it.

Unload applies only to storage in a motor vehicle.

 

[Bob P]

I recall haring someplace that included loaded magazines - if you had the mags loaded even if they're not in the gun that counts as 'loaded' - which always struck me as BS

 

[yogi]

I recall haring someplace that included loaded magazines - if you had the mags loaded even if they're not in the gun that counts as 'loaded' - which always struck me as BS

Thats crazy...I hope that is not true...I take loaded mags (locked up) with me to ghe range sll the time...edpecially ehen its cold out.

 

[DPR]

I recall haring someplace that included loaded magazines - if you had the mags loaded even if they're not in the gun that counts as 'loaded' - which always struck me as BS

I have as well and thought it was for tubular magazines or otherwise fixed magazines as that is what is noted as being "loaded" is in the larg cap device transportation section.

 

[BTSDOG]

If i go to work, and put my handgun in the safe that bolts to the floor under the seat, do i need to unload it and put clip in an additional locked box??

 

[mikelawtown]

I recall haring someplace that included loaded magazines - if you had the mags loaded even if they're not in the gun that counts as 'loaded' - which always struck me as BS

Like to see that one.
I have always kept loaded mags next to pistol in the vehicle safes.

 

[Bob P]

No idea if it’s true or not. Like I said I heard it but I’ve never seen it written

 

[Another_David]

That report said he was driving a car but another said he was driving a VW SUV. So if the SUV "trunk" area has open access to the passenger compartment then the handgun needs to be locked in a case for transport.

 

[Mr. Brownstone]

Section 131C I'm reading that if it's in your trunk then it must be unloaded

DPR nailed it.

Unload applies only to storage in a motor vehicle.

My understanding of this is that it refers to “carrying” and “possession” not “storage. Once you leave the vehicle you are storing not possessing and MA storage law should kick in.

I also understand MA prudence would say store unloaded, as Len and I have discussed before.

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.[\quote]

 

[CCW]

If i go to work, and put my handgun in the safe that bolts to the floor under the seat, do i need to unload it and put clip in an additional locked box??

Since your handgun doesn't have a clip the answer is no. You don't need to put something that doesn't exist in a locked box.

 

[Mr. Brownstone]

Since your handgun doesn't have a clip the answer is no. You don't need to put something that doesn't exist in a locked box.

Maybe he has an m1garand pistol

 

[Bob P]

Since your handgun doesn't have a clip the answer is no. You don't need to put something that doesn't exist in a locked box.

What if his handgun is a broom handle Mauser?

 

[CCW]

My understanding of this is that it refers to “carrying” and “possession” not “storage. Once you leave the vehicle you are storing not possessing and MA storage law should kick in.

I also understand MA prudence would say store unloaded, as Len and I have discussed before.

The law states in a vehicle it's either direct control or unloaded and locked up. It's pretty straightforward actually. There is no mention in the law regarding any difference between storage or transportation in a vehicle. It just states direct control or locked up. Too many people make this stuff way more difficult that it has to be. The only real grey area is the fact there is no definition of direct control.

 

[Christian]

Seems like someone has a hard on for the guy, and yes, I do believe he should suffer the same fate as anyone who doesn't wear a badge.

 

[Mr. Brownstone]

The law states in a vehicle it's either direct control or unloaded and locked up. It's pretty straightforward actually. There is no mention in the law regarding any difference between storage or transportation in a vehicle. It just states direct control or locked up. Too many people make this stuff way more difficult that it has to be. The only real grey area is the fact there is no definition of direct control.

Section 131C. (a) No person CARRYING a loaded firearm under a Class A license issued under section 131 or 131F shall CARRY the same in a vehicle unless such firearm while CARRIED therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person CARRYING a firearm under a Class B license issued under section 131 or 131F shall POSSESS the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person POSSESSING a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall POSSESS the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

 

[CCW]

Section 131C. (a) No person CARRYING a loaded firearm under a Class A license issued under section 131 or 131F shall CARRY the same in a vehicle unless such firearm while CARRIED therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(b) No person CARRYING a firearm under a Class B license issued under section 131 or 131F shall POSSESS the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.

(c) No person POSSESSING a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

And your point is?

 

[Mr. Brownstone]

And your point is?

If I am not in the vehicle I am no longer carrying or possessing in the vehicle.

 

[CrackPot]

And your point is?

I would note that there are NO requirements for an unloaded firearm or low capacity rifle or shotgun in 131C. Leave your unloaded handguns littered about like empty hamburger wrappers while driving...

 

[CCW]

If I am not in the vehicle I am no longer carrying or possessing in the vehicle.

Try to argue in court that your belongings that you left in your car are not in your possession. The crackheads of the world would love to establish that caselaw. Muh rocks in the car? Those aren't in my possession.

 

[CCW]

I would note that there are NO requirements for an unloaded firearm or low capacity rifle or shotgun in 131C. Leave your unloaded handguns littered about like empty hamburger wrappers while driving...

Good luck with that. I don't understand why people beat this stuff to death. Seriously.

 

[namedpipes]

Seems like someone has a hard on for the guy, and yes, I do believe he should suffer the same fate as anyone who doesn't wear a badge.

Wouldn't it be more appropriate to fix the bad law that allows either the protected class or the subjects to be abused, making the issue moot?