"Gun was locked in a container in my trunk when the car was stolen, I was on my way to a match at my father's club after grabbing a bite to eat with him."
I don’t believe there is an exception for attending a match in MA.
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"Gun was locked in a container in my trunk when the car was stolen, I was on my way to a match at my father's club after grabbing a bite to eat with him."
His lack of knowledge is his best play. There's no motion to suppress for trying to be helpful to the police though. A motion to suppress statements exists when someone is in custody and is questioned after requesting a lawyer or not being so advised, or if a statement is not voluntary for some reason. He's not in custody, and he reached out to the police to give info.The MGL says knowingly has under his control, right? There would seem to be an argument that this wasn’t the case. Also, couldn’t that admission be suppressed because he made it to alert the police to the possibility of the added danger of a gun being in the car?
How do know he isn’t?If he was a gangbanging heroin dealer he would be ok
I feel bad for the guy, but A) how do you forget where your firearms are? and B) how does this not come to mind when you know you have to cross state lines? One would think that he would have done the math on this one.
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
(Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.)
Tough break man. And agreed the whole thing is stupid, sounds like a decent citizen working and law abiding and makes a dumb mistake that will cost him prolly more than the car thief if they even bother looking for him anymore now that they have this “gunz” fish hooked. Wish him luck.
Unlike the MAss slave colony, I met many people from freer (so far) states who are clueless about MA, LTC and what they need to do with their guns they bring with them from GA. True story.
Here is mAsslave colony, every question starts with "do our masters allow it?"
I know that one of them (my guy) was never prosecuted on any charges. I don't know about the other one though.IIRC last year a couple guys from NH left handguns in their carry-ons at Logan Airport, completely innocently.
I wonder what the outcome was of those cases?
Hmmm.....
Two problems:Junior should call Neil Tassel immediately.
If he has a good lawyer he'll likely skirt away, but have to give up the gun.
Whatever you charged him was a bargain.Hmmm.....
I know that one of them (my guy) was never prosecuted on any charges. I don't know about the other one though.
I don’t believe there is an exception for attending a match in MA.
His lack of knowledge is his best play. There's no motion to suppress for trying to be helpful to the police though. A motion to suppress statements exists when someone is in custody and is questioned after requesting a lawyer or not being so advised, or if a statement is not voluntary for some reason. He's not in custody, and he reached out to the police to give info.
This is the exact reason you never ever call the police yourself when you've done something wrong. He had a good chance if he had a lawyer contact the police for him to create a buffer on this issue. Too late now.
Thoughts and prayers aren’t enough in this situation!!! Something has to be done about this violation of basic human rights!!!!I'll say a prayer for Jr.
I feel bad for the guy, but A) how do you forget where your firearms are? and B) how does this not come to mind when you know you have to cross state lines? One would think that he would have done the math on this one.
There is, but there are credible arguments that the requirement the person must have an LTC from a state that does not issue them to drug users means it is impossible to meet the requirement of the exception. Also, the decision in Commonwealth v. Cornelius provides the basis for a credible argument that the competition exemption does not apply to >10 round capacity guns.I don’t believe there is an exception for attending a match in MA.
No FOPA will not help. There should no FOPA !!! because why ! because of the 2A!RIP. Not to beat a dead horse but FOPA definitely does not apply here. Educate yoself
Firearm Owners Protection Act - Wikipedia:
One of the law's provisions (codified in section 926A of title 18 of the U.S. Code) was that persons traveling from one place to another have a defense for any state firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gasoline), provided that the individual is not otherwise prohibited from possession of a firearm, the firearms and ammunition are not readily accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, the firearms are located in a locked container other than the glove compartment or console.
This section has also been interpreted to protect air travel.
Definitions of certain terms in the law include:
- Transporting. Not staying for any determined length of time. Passing through on the way to some place.
- Unloaded. No ammunition in the firearm. In the case of McDaniel v. Arnold, the courts upheld a conviction based on the interpretation that the accused had a loaded firearm despite not having a round in the chambered position.[15]
- Not readily accessible. There are no clear court decisions or interpretations available but this term is widely regarded as meaning Not capable of being reached quickly for operation.
- Locked container. A hard-sided container that is locked such as to prevent unauthorized users from gaining access.
no need for that pile of shit either. Just obey the bill of rights it's really that simple.