The Grace Curley Show: 2A Tuesday with Toby Leary

2A Tuesday With Toby Leary – 09.07.21 – Hour 3​


In this hour, Toby Leary from Cape Gun Works answers your gun questions.

I've cued up the link at the start of Toby's call-in,
but if your system somehow misses that, it starts at 1m15s.

Questions include:
  • Grace asks, "what do you make of David Frum's Atlantic article 'How to Persuade Americans to Give Up their Guns'?"
  • What do I have to do to get a weapon in New Hampshire?
  • If I get a weapon in New Hampshire for personal protection, is it doing me any good if it's locked up in a gun safe?
  • How does my friend in New Hampshire keep a gun when her felon boyfriend comes home after he gets out of jail this year?
  • My wife keeps her 3½" Charter Arms 44 Special in a Saran Wrap box in our rural Vermont home. So as a handloader, Hornady told me last week that they're building a new facility in Nebraska because of all the women gun owners.
  • Do you think firearm-related accidents have decreased in Massachusetts since they enacted the storage laws?
  • What are the chances of me being able to bring my NFA items including silencers and SBRs if I move down to Mass?
  • Now I can't ask about how to make kids safe around guns because you just talked about removing their curiosity. But if that felon boyfriend is on probation when they return to a home with guns, merely locking them up may not suffice. On the other hand, New Hampshire has a very generous program for nullifying criminal records.
  • What's the value of the Luger my father brought home from WWII?
  • How come I was able to buy a gun from someone FTF with my Mass LTC, but when I tried to buy a gun from an FFL it was denied because I'm an FPP?
  • (There are two days left to comment on the pistol brace regulation change, so go to ATF's web site to comment on why you don't think they should ban pistol braces).
 
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Cape Gun Works said:
Awesome AHM. I didn't have a chance to right the ship with regards to The 60 day grace period when moving into the state...
Click to expand...
Don't forget to mention that Commonwealth v. Corneilus established that the 60 day grace period does NOT cover high capacity guns or magazines.

Or is that what you meant when referring to "righting the ship"?
 
Last edited:
Cape Gun Works said:
Awesome AHM. I didn't have a chance to right the ship with regards to The 60 day grace period when moving into the state...
Click to expand...
Thanks, and thanks for your constancy of purpose.
I (uncharacteristically) am not keeping score, so I didn't notice.

Maybe negotiate with Grace before the next show
to use the prologue time that allows the phones to heat up
for korections. Or not. Not trying to troll you into Bad Radio,
or make it unnecessarily painful.
 
No worries. I am always up for correcting the record. I am more interested in putting out good info, than feeding my ego.
AHM said:
Thanks, and thanks for your constancy of purpose.
I (uncharacteristically) am not keeping score, so I didn't notice.

Maybe negotiate with Grace before the next show
to use the prologue time that allows the phones to heat up
for korections. Or not. Not trying to troll you into Bad Radio,
or make it unnecessarily painful.
Click to expand...
I'll be covering a portion of the show tomorrow so I may be able to right the wrongs lol. Let me know if anyone has any topics they would like covered.
Thanks!
 
A lot of bashing Toby on here I see. The guy is out there making a difference in any way that he can. He has a big voice and is a huge advocate for us in MA.
 
Celtics617 said:
A lot of bashing Toby on here I see. The guy is out there making a difference in any way that he can. He has a big voice and is a huge advocate for us in MA.
Click to expand...
Really? Who did that? Lots of suggestions and a few wise ass remarks. That's SOP on NES. [laugh] Other than that..........
 
Last edited:
Canndo said:
Listening to Tobey, covering for Grace now.
Good job, so far. 👍
Click to expand...
Oops, I forgot what day of the week it was
and thought Toby was making some allusion to his weekend show Rapid Fire.

Toby Leary – 9.10.21 – Hour 2​


Toby from Cape Gun Works fills in for Grace, and he answers all your firearms and self-defense questions

We're lucky that Toby jumped right in after 40 seconds of bumper,
because Howie's channel on the Simplecast server is misconfigured.
So I can only share the link to the page where the hour's stream
is embedded - not the stream itself, let alone the stream bookmarked
at the timecode for 0m40s.

Topics include:
  • Correction to the length of the grace period (<= no pun intended) upon moving in to Massachusetts when you can possess (but not carry) guns while you are applying for an LTC/FID.
  • Announcement that Biden* has withdrawn David Chipman's nomination to be director of ATF.
  • @Scrivener said on the last Rapid Fire that he's just gotten the first non-res LTC for a non-citizen.
  • Two legit guys from Pennsylvania walk in to Cape Gun Works thinking that the second amendment lets them buy ammo in Massachusetts. They were disappointed.
  • Commemoration of 9/11.
  • Can I get back FID for hunting after my DUI?
  • Does empty brass count towards the ammo limits in the Mass fire code?
  • As a Mass constable, can I carry in other states under LEOSA?
  • A three-judge panel of the US Navy-Marine Corps Court of Criminal Appeals just unanimously broomed the conviction of some Marine private for possession of bump stocks.
  • As retired Federal law enforcement, what classes let me carry under LEOSA?
  • The bump-stock ban is just as bogus as Marsha claiming AR-15's are illegal.
  • Cape Gun Works' Bound Book is getting audited...
  • I lost my FID because of a misdafelony, and even though I got a pardon from Bush '43 in 2004, my licensing officer says I'm unsuitable.
  • FLRB denied my FID because I was caught with an Airsoft gun 21 years ago.
 
AHM said:
  • I lost my FID because of a misdafelony, and even though I got a pardon from Bush '43 in 2004, my licensing officer says I'm unsuitable.
Click to expand...
Parity check error.

Misdafelony is a concept to MA State Level offenses.

Presidents of the US can only pardon federal offenses. State offenses are the purvue of the governor, often with his/her designee doing the research.

So, the question itself does not make sense.

And as a side note, the MA courts have held that a pardoned offense may be used in determining suitability.
 
Last edited:
Rob Boudrie said:
Parity check error.

Misdafelony is a concept to MA State Level offenses.
Click to expand...
I believe that.

Rob Boudrie said:
Presidents of the US can only pardon federal offenses.
Click to expand...
Absolutely concur.

Rob Boudrie said:
State offenses are the purvue of the governor, ....
Click to expand...
Implicitly.

Rob Boudrie said:
So, the question itself does not make sense.
Click to expand...
I totally invite NESers to listen to the hour and post their own interpretations.

Rob Boudrie said:
And as a side note, the MA courts have held that a pardoned offense may be used in determining suitability.
Click to expand...
If an offender had juice,
and it really was a federal offense,
that would be a bad bet for the state court to take -
because a pardon is supposed to make it as if an offense never happened.

In theory that just means the aspect of an event which is an offense.
But in practice there's no telling what a rambunctious court might do.

Hell, I could imagine someone with juice,
whose Federal pardon was ignored
via deeming them Mass-unsuitable,
receiving relief by a Federal court
telling the state that the Supremacy Clause
denies the state the ability to label someone "unsuitable"
over something that had been Federally broomed -
something which had been declared to never have happened.

Especially over a civil right which is guaranteed by the US Constitution (2A)
and which has been incorporated against the states (MacDonald v. Chicago).

Statistically unlikely.

But a state court playing that game could win a stupid prize.

And about 2 1/2 of the current Justices might be willing to author the decision
if they had the opportunity.
 
There are loads of things that one would think would not fly in federal court, but bringing the issue is a long hard process.

Simply put:
1. The 2A is a right
2. MA claims there is no right to get the only license that will allow you to exercise that right
3. Due process includes things like not imposing punishment because someone is found not guilty or charges are dropped
4. MA courts routinely ignore #3.

Comm2A brought an action against the prohibition of low level non violent felonies. When we got to court the ADA lied and claimed the person did not apply for the lowest level license that would allow him to exercise Heller rights. The ADA lied to the court, claimed that an FID with a PTP/permit to purchase (the last of which is illusory and the state has no record of ever having issued) allowed handgun possession in the home. Federal Court reaction - Standing denied, ADAs word accepted as fact. So, back to square one having the petitioner go thought the process of attempting to get a PTP to position him to re-file as a plaintiff with standing.

Then there is the federal refusal to accept the MA restoration of rights based on the 2A rights being a right, but not a civil one, and the plaintiff is ineligible because he never lost the right to vote, hold public office and serve on a jury. Or existing MA case law that you can choose between 2A and 5A rights but cannot have both if the police feel you should be allowed to pick and exercise one.
 
Last edited:
SKumar said:
They'll argue that there's no "victim" by you not having govt permission to own and carry.
Click to expand...
By that logic, deprivation of the right to speak freely or open a church does not have a victim. The only thing the courts have established is the right to own. Many claim that carry is a constitutional right, but the only body whose opinion matters has not weighed in on that.
 

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