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Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
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If you don't get any good answers, consider visiting a library withAnyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
I wonder if any person licensed to possess explosives turned theirs in at the MSP station at Logan while visiting the airport. Yes, doing so is required by CMR.
The real way is records searches at courthouses.
Yeah I think I'm going to have to do that, actually go and ask about prosecutions/convictions. The average library isn't going to have enough criminal law info. Most cases around ch. 269, sec. 10 don't deal with (i) at all.
I'm going to talk to one of my cigar smoking attorney buddies about this particular topic because I think I I could ask excavate some useful stuff with it.... because I'm not sure how the whole system works...
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
Does Hightower v Boston help?
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
Mark Adams was charged with Ch. 269, §10(i), but those charges were dismissed. He was eventually convicted of interfering with a police officer. The case is under review by the Supreme Judicial Court. See Mass Appellate Courts - Public Case Information for the briefs
Any headway on this? Rather curious myself.
Anyone aware of any case law surrounding MGL ch. 269, sec. 10(i)? This is the crime of not turning in guns or ammo once police revoke a LTC.
“MGL C. 269 S 10(i)” said:
- (i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
Massachusetts laws are horribly written.I’m confused... it looks like 10(i) is about turning in the license itself:
(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
I’m confused... it looks like 10(i) is about turning in the license itself:
(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
I liked closely-er betterIt is, but read closelier:
I liked closely-er better
Two observations from reading Ch. 140 §129D:Massachusetts laws are horribly written.(i) Whoever knowingly fails to deliver or surrender ... a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, ...
I wonder how far a competent Mass. firearm attorney has ever gotten pushing the Tragic Loan to Out Of State Persons loophole?
Two observations from reading Ch. 140 §129D:
Neither of these observations are absolutely new concepts for NES.
- One is only required to surrender or deliver boomsticks that one "possesses". I wonder how far a competent Mass. firearm attorney has ever gotten pushing the Tragic Loan to Out Of State Persons loophole?
- The bonded warehouses are required by Mass. statute to be FFLs. Be a shame if Village Vault lost their federal license and could no longer operate as a black hole for guns.
I'm jus' sayin'.
I've got a client charged with failure to report lost/stolen gun because he had loaned it out to someone when the police came looking for it.
once for failing to turn in the ammo
I don’t think it applies to ammo. (But I’m reading on my phone - so may have missed it. )
One could ask a number of questions thatI've got a client charged with failure to report lost/stolen gun because he had loaned it out to someone when the police came looking for it.
Now that's nuance.10(i) itself doesn't but ch. 140, sec. 129D does require the surrender of ammo.
(All of a sudden keeping ammo in its original container to satisfy Fire Marshall Bill,One of the things I wonder about with this statute is if it's supposed to be applied to each thing not turned in or if it applies as one charge. Say a guy owns 20 guns + ammo + LTC: is he charged once for failing to turn in the guns, once for failing to turn in the ammo, and once for failing to turn in the LTC, or is he charged 22 times (each gun + ammo + license)? If it's the second option, e.g. one charge per withheld item, how does that in any way work with ammo if someone has thousands of rounds + uncontrolled items like reloading components?