Improper storage examples by LEO

[M1911]

Sadly, he did not live too long after the charges were dropped, I can only speculate as to the cause

Damn, I didn't see that before. Raphael Magri, 38

 

[M1911]

Couple days ago had detectives show up.

Neighbor left an "anonymous" email on their tip line saying I had a bunch of unsecured guns in my car and random people were accessing them.

Dudes were cool so let em search the car. Knew there was nothing there and was able to ascertain who sent the email from conversation. Had a follow-up call next day all set. Apparently there was no specific allegation and no date so going after the guy for swatting is probably out.

As I understand it Legally u can leave non large capacity rifles/shotguns cased unloaded with trigger locks anywhere in the car or just unloaded in a locked trunk. While handguns and large capacity long guns need to be unloaded in a locked trunk or case.

What's the legal precedent in MA law for storing guns in a parked car?

Practically every police officer and pretty much everyone at the range stores guns in their vehicles.

Never consent to a search.

 

[KMM696]

Couple days ago had detectives show up.

Neighbor left an "anonymous" email on their tip line saying I had a bunch of unsecured guns in my car and random people were accessing them.

Dudes were cool so let em search the car. Knew there was nothing there and was able to ascertain who sent the email from conversation. Had a follow-up call next day all set. Apparently there was no specific allegation and no date so going after the guy for swatting is probably out.

As I understand it Legally u can leave non large capacity rifles/shotguns cased unloaded with trigger locks anywhere in the car or just unloaded in a locked trunk. While handguns and large capacity long guns need to be unloaded in a locked trunk or case.

What's the legal precedent in MA law for storing guns in a parked car?

Practically every police officer and pretty much everyone at the range stores guns in their vehicles.

 

[M1911]

This. Never, EVER, consent to a warrantless search.

Here is the deal: if police perform a search without a warrant, using exigent circumstances, your lawyer might be able to contest the legality of the search and get any evidence found as a result of that search ruled inadmissible. Similary, if the police search with a warrant your lawyer might be able to contest the warrant and get the evidence ruled inadmissible.

But if you consent to a search, all evidence found is admissible and your lawyer can't do a thing about it -- you are toast.

NEVER, EVER, CONSENT TO A SEARCH.

 

[Springfield_trapdoor]

This. Never, EVER, consent to a warrantless search.

I only did because I needed to wait for paint to dry and had an idea who emailed and in conversation was able to confirm it. If I told them to get lost I wouldn't have been able to get more information. If someone is going behind your back making fake allegations it's good to know who they are so you can avoid them at all times.

Also have a camera In case someone actually was going in my car planting guns or something I was legitimately concerned by what they said.

 

[Garys]

Be that as it may, it's still not an improper storage case.

The illegal possession charges for the magazines were later dropped by the state due to "various constitutional issues", i.e., the police had no warrants to search his safe or closet.

Felony charges against Magri dismissed - The Martha's Vineyard Times

Felony weapons charges against Raphael Magri were dismissed in Edgartown District Court Friday following a successful motion to suppress evidence by Magri’s attorney, Tim Moriarty. Magri was charged with the possession of illegal, high-capacity gun magazines after Edgartown Police opened a safe...

www.mvtimes.com

 

[Glockster30]

Be that as it may, it's still not an improper storage case.

I never said it was. It was just a follow-up on the story you posted where you initially said it wasn't improper storage.

 

[vickers]

@nstassel I remember a Mass cop leaving his duty firearm in a court house bathroom. Someone else may have mentioned it. Not sure if this is the exact one I was thinking of.

Mass Police Officer Suspended

 

[centermass181]

I left my M9 in my Platoon SGT's bathroom in 08 Iraq. Sucked because I did it, sucked more because thats how he figured out I was the one dropping dooks and not flushing for weeks.

 

[milktree]

As I understand it Legally u can leave non large capacity rifles/shotguns cased unloaded with trigger locks anywhere in the car or just unloaded in a locked trunk. While handguns and large capacity long guns need to be unloaded in a locked trunk or case.

Legally, as the law is written, you can store loaded large capacity rifles, shotguns, unloaded rifles or shotguns or loaded or unloaded firearms (handguns) in a car with only a trigger lock or in a locked trunk without a trigger lock. (Edited based on Len2A's correction)

But don’t start the car, because then it becomes transport, and they must be unloaded and in a locked container. (or under your direct control in the case of a handgun (firearm))

What's the legal precedent in MA law for storing guns in a parked car?

That’s a different question, cops gunna cop, prosecutors gunna prosecute, judges gunna judge.

 

[Token_Black_Guy]

remember a recruit left an m16 leaning against a tree during training in woods at fort devens . heard it was turned in by a civilian, would not have been me

Take the lower lol

 

[Chevy 2 65]

Not creating a bash thread. But other than the Westford example, I'd like any news stories of police that improperly stored firearms and were not prosecuted.

Did the SCOTUS not rule on storage laws being unconstitutional?

SUMMARY OF D.C. V. HELLER. You asked for a summary of District of Columbia v. Heller, the U.S. Supreme Court decision upholding a federal district ruling that a Washington, D.C. law banning handguns and requiring other firearms to be stored unloaded or locked was unconstitutional on Second Amendment grounds.Oct 17, 2008

 

[Chevy 2 65]

I'm looking for Massachusetts examples. I need to have a file of examples to show judges the discrepancies.

Remind the corrupt judges about

SUMMARY OF D.C. V. HELLER. You asked for a summary of District of Columbia v. Heller, the U.S. Supreme Court decision upholding a federal district ruling that a Washington, D.C. law banning handguns and requiring other firearms to be stored unloaded or locked was unconstitutional on Second Amendment grounds.Oct 17, 2008

 

[Matt_SERE]

This was 30 years ago but the DARE officer for Hanover went to his home one day in his cruiser to take a shower or something and while he was in the shower, his kid went into the open cruiser and discharged the shotgun, blowing a hole through the roof of the cruiser.

And that was the impetus for Detroit to put moon roofs in cars!

I believe this happened in a Quincy, MA patrol car with the loaded shotgun in the rack in the front on the hump. If I recall nothing came of it. So, a loaded shotgun in a patrol car, ND, obvious damage and it disappeared from the news.

 

[rudiewhitebwoy]

As is fairly common, many Police & Firefighters have a side job. I have and have had several customers that are quasi contractors. Mostly Roofers and Rehab guys, Decks, Garages, Window and or Door replacement. No out and out Framers. Anyway, I had two Staties that were regular customers back about twenty years ago, they were good guys. One of the guys went out to dinner with his wife for their anniversary. His POS son and his buddies went out for a joyride with his cruiser. The son was wearing his father's uniform. I believe he also was armed. They were stopping people, pulling them out of their cars and beating the shit out of them. The Trooper had to retire the next day. I'm not outing them here. I don't remember anything in the news about it. If the OP wants to PM me I'll give you everything I know. There has to be some kind of record of this somewhere.

 

[Len-2A Training]

Legally, as the law is written, you can store loaded large capacity rifles, shotguns, or firearms in a car with only a trigger lock or in a locked trunk without a trigger lock.

But don’t start the car, because then it becomes transport, and they must be unloaded and in a locked container. (or under your direct control in the case of a handgun (firearm))



That’s a different question, cops gunna cop, prosecutors gunna prosecute, judges gunna judge.

I seriously dispute this. MGL on hunting makes it illegal to have a loaded long gun ON or IN a MV and lots of people became MA PP in 1998 due to that law. You don't have to be hunting for this law to get you.

As is fairly common, many Police & Firefighters has a side job. I have and have had several customers that are quasi contractors. Mostly Roofers and Rehab guys, Decks, Garages, Window and or Door replacement. No out and out Framers. Anyway, I had two Staties that were regular customers back about twenty years ago, they, were good guys. One of the guys went out to dinner with his wife for their anniversary. His POS son and his buddies went out for a joyride with his cruiser. The son was wearing his father's uniform. I believe he also was armed. They were stopping people, pulling them out of their cars and beating the shit out of them. The Trooper had to retire the next day. I'm not outing them here. I don't remember anything in the news about it. If the OP wants to PM me I'll give you everything I know. There has to be some kind of record of this somewhere.

It's not really practical to lock up uniforms, keys to cruisers, etc. when in the shower (other post above) or while out of the house (uniforms in particular). Sad that the Father had to take the hit on this.

 

[rudiewhitebwoy]

I seriously dispute this. MGL on hunting makes it illegal to have a loaded long gun ON or IN a MV and lots of people became MA PP in 1998 due to that law. You don't have to be hunting for this law to get you.

It's not really practical to lock up uniforms, keys to cruisers, etc. when in the shower (other post above) or while out of the house (uniforms in particular). Sad that the Father had to take the hit on this.

Yeah, he was a great guy. His partner was the wild one.

 

[milktree]

I seriously dispute this. MGL on hunting makes it illegal to have a loaded long gun ON or IN a MV and lots of people became MA PP in 1998 due to that law. You don't have to be hunting for this law to get you.

Good point. I forgot about the hunting laws concerning loaded rifles and shotguns and vehicles.

Nonetheless, a loaded handgun (firearm) or unloaded anything can be legally stored in a vehicle with only a trigger lock.

 

[M1911]

Nonetheless, a loaded handgun (firearm) or unloaded anything can be legally stored in a vehicle with only a trigger lock.

I would never want to rely on the distinction between storage and transport in a MA court of law.

 

[Garys]

My son knew the kids involved. I don't recall that the trooper had to retire, but it might have been in lieu of being court martialed. I don't recall the details or names and like you wouldn't reveal them if I did.

I don't know if the story ever hit the media, but remember my son telling me about it. He was NOT one of the idiots involved in the mess.

As is fairly common, many Police & Firefighters has a side job. I have and have had several customers that are quasi contractors. Mostly Roofers and Rehab guys, Decks, Garages, Window and or Door replacement. No out and out Framers. Anyway, I had two Staties that were regular customers back about twenty years ago, they, were good guys. One of the guys went out to dinner with his wife for their anniversary. His POS son and his buddies went out for a joyride with his cruiser. The son was wearing his father's uniform. I believe he also was armed. They were stopping people, pulling them out of their cars and beating the shit out of them. The Trooper had to retire the next day. I'm not outing them here. I don't remember anything in the news about it. If the OP wants to PM me I'll give you everything I know. There has to be some kind of record of this somewhere.

 

[Springfield_trapdoor]

I would never want to rely on the distinction between storage and transport in a MA court of law.

I remember this said non large capacity doesn't need a locked Trunk or case just trigger locks for STORAGE and unloaded while transporting no locks required.

Gun ownership in Massachusetts

Massachusetts residents 15 years and older who wish to possess, carry, and transport firearms, ammunition, and feeding devices are required to have a firearms license. Firearms licenses are issued by municipal police departments.

www.mass.gov

Would be kind of cool to have a gun rack in a vehicle with some non large cap rifles/shotguns only need trigger locks.

The whole point of this thread was about improper storage and It's not even really clear what that is in a vehicle (Storage law doesn't specifically say location).Nothing I found says its illegal to store guns in a car Or if that SCOTUS ruling invalidated the law

My crazy neighbor tried to make me the test case but Someone else might be the one. It definitely won't be a cop. Seems they skate on stuff like this.

 

[M1911]

I remember this said non large capacity doesn't need a locked Trunk or case just trigger locks for STORAGE and unloaded while transporting no locks required.

Non-large capacity long guns do not need to be locked up when transported. But all guns must be locked up when stored.

That said, I would absolutely not depend upon a police officer knowing that distinction. I recommend that you lock up all guns in a locked case while transporting them in a vehicle.

Furthermore, given that many vehicles with trunks have seats that can be folded down from the inside of the vehicle, I would not assume that the court would see the trunk of that vehicle as being secure.

 

[MAJoe]

I remember this said non large capacity doesn't need a locked Trunk or case just trigger locks for STORAGE and unloaded while transporting no locks required.

Gun ownership in Massachusetts

Massachusetts residents 15 years and older who wish to possess, carry, and transport firearms, ammunition, and feeding devices are required to have a firearms license. Firearms licenses are issued by municipal police departments.

www.mass.gov

Would be kind of cool to have a gun rack in a vehicle with some non large cap rifles/shotguns only need trigger locks.

The whole point of this thread was about improper storage and It's not even really clear what that is in a vehicle (Storage law doesn't specifically say location).Nothing I found says its illegal to store guns in a car Or if that SCOTUS ruling invalidated the law

My crazy neighbor tried to make me the test case but Someone else might be the one. It definitely won't be a cop. Seems they skate on stuff like this.

Also, having guns out and visible like that in a place like Mass where people around you are looking to ruin your life just because you own guns… is probably not a good idea.

 

[Fixxah]

One officer I know left his pistol on the roof of his car and it was still there after he was done in the gym. Cannot name said individual.

 

[M1911]

Also, having guns out and visible like that in a place like Mass where people around you are looking to ruin your life just because you own guns… is probably not a good idea.

Also, if you get stopped due to a minor traffic violation, it is best if the guns aren't visible -- nothing good can come from an officer seeing guns in your car, even if you are technically in accordance with the law.

 

[Springfield_trapdoor]

Non-large capacity long guns do not need to be locked up when transported. But all guns must be locked up when stored.

That said, I would absolutely not depend upon a police officer knowing that distinction. I recommend that you lock up all guns in a locked case while transporting them in a vehicle.

Furthermore, given that many vehicles with trunks have seats that can be folded down from the inside of the vehicle, I would not assume that the court would see the trunk of that vehicle as being secure.

Luckily I drive a car old enough where the back seat is not foldable there's not even a trunk release. The only way to open the trunk is with a key.

 

[Springfield_trapdoor]

Also, if you get stopped due to a minor traffic violation, it is best if the guns aren't visible -- nothing good can come from an officer seeing guns in your car, even if you are technically in accordance with the law.

That's obvious but we're getting to the point where the state is so anti gun random people will call the cops if they even see you with a gun case.

The "assault weapon" thing is so crazy they even go after their own.

Charges Against Braintree Officer Based on Complex Weapons Laws

Donal Curtin Jr., a decorated Braintree police officer, was charged on Oct. 21 with several gun-related charges following a domestic dispute in July with his fiancee at their Braintree apartment.

patch.com

 

[Len-2A Training]

Luckily I drive a car old enough where the back seat is not foldable there's not even a trunk release. The only way to open the trunk is with a key.

And my car has foldable seats, but not without using the ignition key to release them. The trunk qualifies as a locked container in my case.

 

[M1911]

And my car has foldable seats, but not without using the ignition key to release them. The trunk qualifies as a locked container in my case.

It does. Personally, though, I would still use a locked container in that case. Yes, that is a belt and suspenders approach and not legally necessary.

 

[Len-2A Training]

It does. Personally, though, I would still use a locked container in that case. Yes, that is a belt and suspenders approach and not legally necessary.

I do, is is an old Ma**h*** habit (remember I'm in NH now).

The only time I bring guns into MA is when it is on my hip.