Rifle from 80% lower seized in Rutland MA traffic stop

[Smash05]

If youve got a case at the end of the week like this, and the guy is not on probation, and has no record, and he gets 18 mos (to serve) in MA , then you are doing it wrong.
And, correct me if Im wrong, but 269 10A is the portion that deals with supressors right? I dont see where this fits?

Nope 10a is possession outside home w/o license 18mos minimum sentence. No probation suspension or parole, no judicial discretion. Up to the ADA to break it down, they rarely do. Actually if it's loaded they usuall tack on 18 mos probation on and after. I don't know why you think otherwise.

 

[browncoat]

Lol dude why do you think I was a grandfather at 46??? None of them listen!

Some of us do.

 

[Lcstyle]

the ghost guns are coming - the ghost guns are coming

"You didn't know before, you will continue not to know now." ~Cody Wilson

 

[Lcstyle]

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, you'd never talk to anyone again. You don't honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

BINGO. stupid is as stupid does. Or someone was already under surveillance.

 

[LoginName]

Article has been updated with new details, it doesn't look good for the kid...

A Holden man who allegedly had a loaded modified assault rifle in the back seat of his car during a traffic stop told Rutland police he built the gun from parts.

Sergei J. Dyer, 20, of 233 Shrewsbury St., Holden, was stopped Friday night by Rutland Officer Nicholas A. Monaco, who was randomly checking license plates on Main Street in Rutland. Officer Monaco checked the license plate on a Toyota Solara that passed him.

Officer Monaco learned that the vehicle had not passed an inspection. He stopped the car and while speaking with Mr. Dyer, he wrote in his report, he used a flashlight to see into the vehicle and saw what appeared to be a AR-15 on the floor behind the driver's seat.

Snip ..........................

Police inspected the AR-15 and found that it had no serial number and was not compliant with Massachusetts law because it had a detachable magazine, a telescoping stock, a pistol grip and a flash suppressor. At the police station, Officer Monaco successfully inserted a 30-round magazine from the Police Department into the firearm. In addition, the barrel was 12 inches long, which is less than the 16 inches required in Massachusetts for a gun to be considered a rifle. Police wrote that short-barreled rifles are "closely regulated by the ATF (federal Bureau of Alcohol, Tobacco, Firearms and Explosives)."

Officer Monaco wrote that he planned to notify the ATF about the case because unregistered possession of such a firearm is a federal felony.

http://www.telegram.com/article/20151102/NEWS/151109808

the ghost guns are coming - the ghost guns are coming

LOL!

Reminds me of this...

Revere Rides Again, This Time for Gun Control

Your July 29 page-one article "Why It Isn't Easy Being Ben Franklin in Boston This Week" described David Connor, a reluctant Paul Revere re-enactor who declined to ride Boston streets during the Democratic National Convention to warn that "the assault weapons are coming." But another donned the requisite three-corner hat and knickers, unsteadily mounted a horse that usually does children's parties, and rode in front of Old North Church, delivering the lines. (Well "rode" is not completely accurate since, because of concerns over insurance and the equestrian qualifications of the rider, the owners led the horse down the street.)

Yes, I was that stand-in for the professional but reluctant Revere. But while Mr. Connor declined this role because "there are enough laws," this ride was actually about extending an existing law. The assault-weapon ban will expire in September unless Congress and the president act. Then it will be true: "The assault weapons are coming."

 

[mclina]

At the police station, Officer Monaco successfully inserted a 30-round magazine from the Police Department into the firearm.

WTF does this have to do with anything? Just proving that this is a 'large capacity' killing machine?

 

[atilla]

and of course they further ruin the kid by diming him out to the feds.

 

[soam]

WTF does this have to do with anything? Just proving that this is a 'large capacity' killing machine?

Probably. Shows that it is "capable of accepting a large capacity feeding device".

 

[ColdDayInHell]

Officer Monaco wrote that he planned to notify the ATF about the case because unregistered possession of such a firearm is a federal felony.

rape.

 

[warwickben]

Another reason 80% lowers are great . Trying ideas with out destroying a lower that has a serial number.
I chopped a mag well off a 80% and welded a new one on for great gun mags . Cost me less then 80%

If I want to buy a 45 acp lower I'm looking at 300$ plus.

I would not of cut off a mag well on a gun with a serial number cause if I mess up in stick with a paper weight .

If I mess up on a 80% I would just chop it up and use it as scrap metal

 

[swatgig]

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, youd never talk to anyone again.
You dont honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

I believe you, but in this case, it was the Town of Rutland at 11:30 at night. The police in this area have nothing else to do but run every plate they see hoping for an excuse to pull them over.

Take a look at Com v. Ortiz.

http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/14p0927.pdf

The police were looking for an excuse to stop Ortiz and perform an inventory search. They found one, but the judge held the search was unlawful.

In MA????

Tee hee hee hee. Dont hold your breath. If his record is clear, and hes noton probation, hes not doing any time.

There are a lot of moving parts in the East Brookfield District Court. I'm not too sure of your prediction.

 

[EC1]

The following was posted on the Rutland MA Police Department Facebook page this weekend.
View attachment 149959
This rifle was located and seized during a traffic stop on Main St Friday night. The rifle was fully loaded, with a round in the chamber. The operator of the vehicle was unlawfully in possession of such a weapon and was subsequently arrested on firearms charges, traffic charges and being a minor in possession of alcohol.

Does anyone have the link to the facebook page?

 

[LoginName]

Does anyone have the link to the facebook page?

https://www.facebook.com/rutlandmapolice/

 

[atilla]

https://www.facebook.com/rutlandmapolice/

allllllllllll the fellators on that post, ugh.

 

[Len-2A Training]

Article has been updated with new details, it doesn't look good for the kid...

http://www.telegram.com/article/20151102/NEWS/151109808

Well, his persecution (for stupidity) may answer the question of "is an SBR a rifle under MGL"? Many here contend that it isn't and thus they claim that the AWB does not apply since it fails the definition of a "rifle" under MGL (requires >=16" bbl).

 

[pastera]

Well, his persecution (for stupidity) may answer the question of "is an SBR a rifle under MGL"? Many here contend that it isn't and thus they claim that the AWB does not apply since it fails the definition of a "rifle" under MGL (requires >=16" bbl).

Kid is still in it deep with the atf even if he successfully gets the assault weapons charge dropped

Sent from my C6530 using Tapatalk

 

[Lcstyle]

At the police station, Officer Monaco successfully inserted a 30-round magazine from the Police Department into the firearm.

LOLWUT?

 

[LoginName]

and of course they further ruin the kid by diming him out to the feds.

Probably didn't help the situation by being a wise ass with the cops and admitting that he built it himself.
Who knows how much the questioning and answers went downhill from there.

allllllllllll the fellators on that post, ugh.

Honestly... I expected it to be much worse.

Kid is still in it deep with the atf even if he successfully gets the assault weapons charge dropped

Sent from my C6530 using Tapatalk

Yep... he pretty much screwed the pooch.

If he's lucky, he can make a plea bargain on the inspection sticker and possession of alcohol charges.

 

[atilla]

LOLWUT?

took him a few tries, he was holding it upside down.

 

[Hoover]

Probably didn't help the situation by being a wise ass with the cops and admitting that he built it himself.
Who knows how much the questioning and answers went downhill from there.

Honestly... I expected it to be much worse

Yep... he pretty much screwed the pooch.

If he's lucky, he can make a plea bargain on the inspection sticker and possession of alcohol charges.

Did you see the moron asking "what's that on the side, is it a grenade launcher. Yikes".

 

[drgrant]

Kid is still in it deep with the atf even if he successfully gets the assault weapons charge dropped

Depends on how froggy they are about deciding to prosecute him. A mouse can fart and make them change their mind one way or the other. Contrary to popular belief they don't prosecute all "known" violations. For example lying on a 4473 is a felony and people do that every day, and get denied, (because they're stupid, and don't have an idea that they'll fail NICS because of their past) but the feds aren't running around chasing every one of those people down that bounces on a NICS check.

-Mike

 

[knfmn]

allllllllllll the fellators on that post, ugh.

Jesus....I can hear the slurping from here.

 

[drgrant]

Jesus....I can hear the slurping from here.

"ZOMG PLS SAVE US FROM THE GHOST GUNZZZZZ AAIEEEEE "

The number of ignorant nippleheads in that post is astounding.

-Mike

 

[inerlogic]

so if guns think about killing people, do these 80% of "80%" guns think about it or they all think about killing people 80% of the time ... kind of like cats /troll

you build 0% guns, you must be a f****** Jeffrey Dahmer or something.....

 

[warwickben]

you build 0% guns, you must be a f****** Jeffrey Dahmer or something.....

I like to think of my self more like Kevorkian ....

 

[LoginName]

Did you see the moron asking "what's that on the side, is it a grenade launcher. Yikes".

Missed that one or just ignored it.

I was expecting more '**** the NRA', 'demand tougher gun control laws now' type responses, instead it was mostly 'atta boys', pats on the back nut sack licking

Depends on how froggy they are about deciding to prosecute him. A mouse can fart and make them change their mind one way or the other. Contrary to popular belief they don't prosecute all "known" violations. For example lying on a 4473 is a felony and people do that every day, and get denied, (because they're stupid, and don't have an idea that they'll fail NICS because of their past) but the feds aren't running around chasing every one of those people down that bounces on a NICS check.

-Mike

They came looking for me twice, only problem was, I wasn't the one they were looking for.

First time they went to the FFL with a photo of the person that turned up in the NIC's denial (McEinelys, but he wasn't certain if the
person in the pic was me), then they visited me at home.

Second time they just called me at home. After I explained my situation and the previous visit, the agent said 'that's what I thought'
(meaning it was an erroneous identity case).

Never heard from them again after that even after several more denials (this was all before they had the VAF/UPIN program).

 

[inerlogic]

I know the jury did but the state still brought all those charges including ones like the rape that they know were BS. The girl told people it was consensual afterwards including the nurse, texted the kid the day after and she he was her angel, etc.

that's the thing about statutory rape.... if the age of consent is 16.... a 15 year old cannot consent....
he was guilty.... he should've (kept it in his pants) taken the plea....

 

[Smash05]

Well, his persecution (for stupidity) may answer the question of "is an SBR a rifle under MGL"? Many here contend that it isn't and thus they claim that the AWB does not apply since it fails the definition of a "rifle" under MGL (requires >=16" bbl).

If the search is good it's a slam dunk for the Feds. I wonder if the Worcester DA punts to the AUSA and files a nolle prosequi on the AWB case.

 

[inerlogic]

Well, his persecution (for stupidity) may answer the question of "is an SBR a rifle under MGL"? Many here contend that it isn't and thus they claim that the AWB does not apply since it fails the definition of a "rifle" under MGL (requires >=16" bbl).

not a rifle according to the MGL, nor does it qualify as a "firearm"

''Firearm'', a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.

 

[Len-2A Training]

If the search is good it's a slam dunk for the Feds. I wonder if the Worcester DA punts to the AUSA and files a nolle prosequi on the AWB case.

True, and that would avoid the problem for the state if the AWB was declared by a judge as null and void for SBRs. Right now it is considered a gray area (strict reading seems to be AWB does not apply, but IIRC LE is being told that it does).