MSP Colonel's Son in Hot Water - Drunk with Guns

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Seems like all the dude did (that they can prove) is be drunk in possession of firearms. Is it smart? Not really, but seems like much ado about nothing. No harm, no foul. Don’t give a shit who his dad is.
I mean i had no idea that was a crime... pretty dumb if you ask me

If he was on the side of the road he obviously drove..
But if it was in a driveway or at the bar parking lot... that's gheyy
 

SHOCKNAWE

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I mean i had no idea that was a crime... pretty dumb if you ask me

If he was on the side of the road he obviously drove..
But if it was in a driveway or at the bar parking lot... that's gheyy
I agree. I shamefully admit I drove drunk for 30 years and thank god I never hurt anyone. I look back at how stupid it was and also think it would have been much better had i “Slept it off” in my car rather than driving like an irresponsible idiot.
 

Junior314

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Why not ?

I have a lot of sympathy for those charged with dui/oui and would in a surprising number of instances give one 'free' pass depending on circumstances/record the topic at hand would be included; barely.

In our motorhome whilst on an adventure, yes.
huh.gif
 

M1911

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Being 'passed' out in a car with firearms should of itself be a very very serious crime.
Why? Who is the victim? What was the criminal intent? If someone is passed out in their car, is the car going to start itself up and drive away and hit someone? Are the guns going to load themselves and shoot someone? What is the imminent danger?

I don’t drink. I’m not defending people who get lit and then do something stupid. But I fail to see the crime here. Would it have been better if they had tried to drive home while drunk, instead of sleeping it off?
 

M1911

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Why not ?

I have a lot of sympathy for those charged with dui/oui and would in a surprising number of instances give one 'free' pass depending on circumstances/record the topic at hand would be included; barely.
Why not? Because what, exactly, is the crime? Be specific. What is the danger to the public if someone decides to sleep it off in their car instead of driving said car home?
 

In God We Trust

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So on this notion, if i were in my truck and had a few, and called for a ride home -ride has spare keys and my keys in my pocket. My driver had to stop for whatever reason. I in passanger seat didnt drive after a few too many bit have keya in pocketm


Then a cop shows up for some reason, and they talk to me, i coukd be charged with a dui all because ky damn keys are in my pocket because my driver is getting a snack?
Well, remember that if a cop wants to F you over they can charge you with anything they can think of. 9 out of 10 times the BS charges get tossed, but you still get locked up, car towed, pay for a lawyer and lose a few days of work for court appearances.

Even legit charges get dropped fairly often if you want to pay a lawyer. It’s all about feeding the system and judges appreciate when you pay in buy showing up with a lawyer
 
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Not addressing the thread but,
Anyone complaining to police about police seems like obvious conflict of interest.

ITS
supposedly
being addressed by retired mass staties:rolleyes:
mostly it’s retired majors, captains, commanders, etc.

M.A.P.L.E =I'd heard MassAssPoliceLawEnforcement created a States Police Oversight committee.
This search for MAPLE provided some info: Mostly pretense for past crimes imo
 
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For the period of time from when the individual left his place of residence via motor vehicle to the time of willfully (?) becoming incapacitated with drink (?)-where all the legal requirements of gun ownership/transport in the Commonwealth adhered to ?
 

M1911

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For the period of time from when the individual left his place of residence via motor vehicle to the time of willfully (?) becoming incapacitated with drink (?)-where all the legal requirements of gun ownership/transport in the Commonwealth adhered to ?
Again, who was the victim? What was the criminal intent?

Suppose he put the guns in locked cases at his home, while sober. Then put the guns in his car while sober. At that point, even if he walks away from his car, he is in accordance with both the transport and storage statutes.

Now suppose he drives to a bar, leaves the guns in the car, and gets hammered. Guess what? He is still obeying the law. He then walks to his car, realizes he is hammered, and decides to sleep it off. What crime was committed?

Even if he committed a crime before he was discovered by the police, they can't charge him with a crime unless they can prove it. They can't say "well he and his guns go here so he most have committed a crime along the way, so we will charge him with driving drunk, even though he wasn't driving, because we thing he was drunk when he was previously driving".

In free states, it isn't a crime to have your guns not locked up while transporting or storing them.
 
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paul73

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Again, who was the victim? What was the criminal intent?
the intent here is to continue the current policy of using red flag laws and confiscating firearms for any misdemeanor, or a suspected misdemeanor offense.
sleeping while armed was the criminal intent.
 

M1911

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The 'victim' is quite simply society/the Commonwealth in toto.
Huh? How was the Commonwealth victimized? Explain this, in detail.

It seems that your view is "since he was sleeping drunk in his vehicle, he must have been driving drunk at some point in the past (whether on that date or a previous occasion), therefore it is OK to charge him with driving drunk, even though the police did not discover him driving and have no evidence that he was driving drunk. And that the fact the he had guns in the car makes it worse because, well, reasons." Is that your logic?
 

M1911

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Being 'passed out' now means sleeping?
And once again, you choose to not answer any of my questions, because it is clear you have no viable answer. Change the text to passed out, it makes no difference to the question. Is this your logic?

"since he was passed out drunk in his vehicle, he must have been driving drunk at some point in the past (whether on that date or a previous occasion), therefore it is OK to charge him with driving drunk, even though the police did not discover him driving and have no evidence that he was driving drunk. And that the fact the he had guns in the car makes it worse because, well, reasons."
 

Len-2A Training

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So on this notion, if i were in my truck and had a few, and called for a ride home -ride has spare keys and my keys in my pocket. My driver had to stop for whatever reason. I in passanger seat didnt drive after a few too many bit have keya in pocketm


Then a cop shows up for some reason, and they talk to me, i coukd be charged with a dui all because ky damn keys are in my pocket because my driver is getting a snack?
Yes. See my personal opinion and comments below.
Why? Who is the victim? What was the criminal intent? If someone is passed out in their car, is the car going to start itself up and drive away and hit someone? Are the guns going to load themselves and shoot someone? What is the imminent danger?

I don’t drink. I’m not defending people who get lit and then do something stupid. But I fail to see the crime here. Would it have been better if they had tried to drive home while drunk, instead of sleeping it off?

Huh? How was the Commonwealth victimized? Explain this, in detail.

It seems that your view is "since he was sleeping drunk in his vehicle, he must have been driving drunk at some point in the past (whether on that date or a previous occasion), therefore it is OK to charge him with driving drunk, even though the police did not discover him driving and have no evidence that he was driving drunk. And that the fact the he had guns in the car makes it worse because, well, reasons." Is that your logic?
I think that your second post above nails the intent here.

During most of my time on the job, our town PD's position was to be extremely lenient on DUI and in fact let folks sleep it off in their cars.

In more recent times, I became aware of the issues discussed in this thread and I vehemently disagree with charging someone not driving but sleeping it off in their car with DUI just because they are in a vehicle and possess keys. I am glad to no longer wear a badge!!!!!

As for the crime of carrying/possessing while under the influence, here's the law verbatim, my comments follow:

C. 269 § 10H Carrying a Firearm While Under the Influence
Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
The interesting thing here is that if the person does NOT possess a LTC, they can't be charged under this law!!!

Now, to the case that started this thread: If there were no loaded guns in the vehicle, the person is NOT guilty of a 269-10H charge. Some PDs/DAs will still jack a person up on this bogus charge and LOs can confiscate guns/ammo/mags/licenses under "suitability", but no gun crime was committed. However, if they succeed on the DUI charge, the person does get Fed PP status and everything gets confiscated anyway.
 

paul73

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I vehemently disagree with charging someone not driving but sleeping it off in their car with DUI just because they are in a vehicle and possess keys. I am glad to no longer wear a badge!!!!!
you are in an absolute minority then.
i have a friend who was trying to sleep off on a rear seat of his car - he was charged with a DUI driving. no arguments helped.

and after that anyone still wonders why people hate police.
 

Dench

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the fact of the sole existence of ones person should be considered a very serious crime.
what excuse do you personally have to exist? who allowed it? do you have a license for it?
I'd love for our resident statist mandatory common sense hero to state his opinion on being passed out in a home with firearms.

[rofl]
 

paul73

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I'd love for our resident statist mandatory common sense hero to state his opinion on being passed out in a home with firearms.

[rofl]
all it will take to prosecute for that is the absolution of the private property rights.
when your home will become a government`s asset and you will be just a renter with no specific rights at all.

like in old good soviets the factory workers would live in factory owned barracks, and would be a subject of mandatory regular searches, just like in the prison. nothing is too far fetched, and nothing of that was not already done before.
 
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