Three face gun charges in New Year’s arrests

[GSG]

http://www.telegram.com/article/20080104/NEWS/801040491

Friday, January 4, 2008
Three face gun charges in New Year’s arrests

By Matthew Bruun TELEGRAM & GAZETTE STAFF

FITCHBURG— Two brothers are being held on $5,000 cash bail this week after being arraigned on weapons charges stemming from their arrests early Tuesday on Meadowbrook Lane. According to court records, police recovered a loaded handgun with its hammer cocked during the arrests.

Danny Diaz, 21, of 718 Water St., and Ricardo Diaz, 23, of 288 Laurel St., were each charged with two counts of possession of a firearm without a firearms identification card and possession of a firearm with a defaced serial number. Ricardo Diaz was also charged with possession of marijuana.

A third man, Luis A. Feliciano, 23, of 73B Manchester St., Leominster, is also facing weapons charges in the case, including a charge of carrying a dangerous weapon. Judge Andrew L. Mandell set bail for Mr. Feliciano at $250 cash, and $5,000 cash for the Diaz brothers. Not guilty pleas were entered on their behalf at their arraignments Wednesday in Fitchburg District Court.


In a report filed with court records, state Trooper Kyle Flanagan wrote that he was on patrol about 3 a.m. New Year’s Day when he heard Fitchburg police investigating reports of shots fired on Wanoosnoc Road.

Trooper Flanagan said he went to the area and noticed a 2003 Toyota Corolla, with three occupants, idling on Meadowbrook Lane. He questioned the occupants, including Danny Diaz, the front-seat passenger. The trooper said Mr. Diaz had contusions, lacerations and abrasions on his face and appeared disoriented.

The trooper said he observed what appeared to be marijuana in the car and, during a subsequent search, found a collapsible baton and a loaded black revolver with its hammer cocked and its serial number defaced.

Police determined the revolver had been reported stolen in Gardner.






This leaves me with a question. It says the serial number was defaced, but the cops traced it as having been stolen in Gardner, so I'm assuming it's readable. Now can the owner legally have this gun returned to them, or would they also get in trouble for the defaced serial number charge? If they can't get it back, are they just f***ed as far as financial recompensation? Why weren't these guys hit with recieving stolen property or something similar if the gun was stolen?

I know it's just a newspaper article, so I don't expect to have all the answers. But if my gun were stolen, I'd be pissed if it were recovered but I couldn't posess it due to a gangbanger with a dremel tool.

 

[jlotta]

That's assuming the owner still has his permit after reporting the revolver lost or stolen. That's a tossup in this free state.

 

[Cross-X]

If the serial number is defaced, the firearm is illegal to possess. I represented a client recently who'd had a gun stolen from the back of his SUV.

The thief subsequently used the gun in an Oxycontin robbery of a pharmacy. When the police recovered the gun, it was rusted shut and the serial number had been obliterated.

My client took my advice and let the cops keep that gun. After I won his jury trial, I got a court order for the return of a second, undamaged gun that had been seized from him. He was quite pleased to get it back.

 

[Coyote33]

That's assuming the owner still has his permit after reporting the revolver lost or stolen. That's a tossup in this free state.

Not sure why this would cost his permit. Do you have a bunch of cases where this actually happened, or is it just internet conjecture?

 

[Pilgrim]

According to court records, police recovered a loaded handgun with its hammer cocked during the arrests.

mine is loaded and cocked and with me daily - it's a 1911.

 

[GSG]

That sucks. That just sucks. So too bad if it's grandaddy's war pistol or something important to you, defaced is defaced? Jeez.

I know I've heard of people losing permits over gun thefts, but AFAIK Gardner is a green city, but I can't say for sure. Who knows, the owner may still have a permit. Any NES'ers here recently have a black revolver stolen in Gardner?

Cross-X, I saw a pistol for sale at a Mass. dealer recently that had a badly scratched serial number that was readable. I didn't realize it would be illegal, but I didn't buy it because it just seemed a little iffy to me, I wouldn't want to get pulled over with that on my hip and explain that I really did buy it legally, I swear it came that way from the store.

So if any of my guns are stolen, I'd just better pray they leave the serial number alone, or it's doomed to becoming a box of paperclips.

I'm moving out of this state.

 

[pdm]

Was the "carrying a dangerous weapon" charge for the collapsible baton or something else?

 

[Garys]

So if any of my guns are stolen, I'd just better pray they leave the serial number alone, or it's doomed to becoming a box of paperclips.

I'm moving out of this state.

What makes you think it's legal to have firearm with a defaced or missing serial number in ANY state? That might even be federal law.

My client took my advice and let the cops keep that gun. After I won his jury trial, I got a court order for the return of a second, undamaged gun that had been seized from him. He was quite pleased to get it back.

Was the charge related to the allegedly improper storage of the firearm? What happened to his LTC?

Inquiring minds want to know.

Gary

 

[Scrivener]

What makes you think it's legal to have firearm with a defaced or missing serial number in ANY state? That might even be federal law.

"MIGHT even be?"

Rest assured it violates both state and federal law.

 

[Garys]

"MIGHT even be?"

Rest assured it violates both state and federal law.

I was using careful phrasing counselor. Since I don't know the specific federal statute, I didn't want to state it as a fact.

That's what we keep you around for. Along with the witty repartee.

 

[Coyote33]

So what happens if it gets scratched, like from a drop? Can you get the serial number fixed? Do you have to report or record it somewhere? Something smells fishy with that one.

 

[clinotus]

I am surprised such a low bail amount was set for a federal violation.

 

[Garys]

I am surprised such a low bail amount was set for a federal violation.

It appears he was charged under state, not federal law. Which doesn't mean that at some point the case can't be turned over to the Feds.

Gary

 

[Garys]

So what happens if it gets scratched, like from a drop? Can you get the serial number fixed? Do you have to report or record it somewhere? Something smells fishy with that one.

I think it has to be defaced to the point of being almost impossible or impossible to read. A simple scratch that doesn't effect the readability of the SN wouldn't seem to be sufficient.

Gary

 

[ateamrob]

Danny Diaz, 21, of 718 Water St., and Ricardo Diaz, 23, of 288 Laurel St., were each charged with two counts of possession of a firearm without a firearms identification card and possession of a firearm with a defaced serial number. Ricardo Diaz was also charged with possession of marijuana.

A third man, Luis A. Feliciano, 23, of 73B Manchester St., Leominster, is also facing weapons charges in the case, including a charge of carrying a dangerous weapon. Judge Andrew L. Mandell set bail for Mr. Feliciano at $250 cash, and $5,000 cash for the Diaz brothers. Not guilty pleas were entered on their behalf at their arraignments Wednesday in Fitchburg District Court.

uhhh... not guilty pleas???? oh I see.. it was a figament of the cops imagination that the turds had weapons with no permits and that the serial number was scratched off... what a joke....

more dirt bags with weapons and no permits making the rest of us look bad..... Look at the bail money the judge set for them to get out. The turds probobly had that in their pocket from drug money they got. Probobly made bail in about 5 minutes. What a piss poor justice system we have.... It amounts to nothing and solves no problems...only amplifies and prolongs them...


the cop should have blasted each of the turds and then just said they attempted to shoot him... Would have saved the world and probobly some innocent people some future problems.... (of course he would have screwed himself in the process because no one including our WONDERFUL system would have went to bat for him)

sorry I am just venting because I am sick of seeing our country go down the tubes in a ball of fire because of a backwards and useless justice system. BTW I have a right to say that because I have a BS in Criminal Justice....

 

[drgrant]

This is bizarre... that occured about a mile or so from my house,
tops. It's possible I actually heard the gunfire, although around
2 am there were still a few bozos in the neighborhood blowing off
fireworks.

-Mike

 

[Scrivener]

uhhh... not guilty pleas???? oh I see.. it was a figament [sic] of the cops['] imagination that the turds had weapons with no permits and that the serial number was scratched off... what a joke....

..the cop should have blasted each of the turds and then just said they attempted to shoot him... Would have saved the world and probobly some innocent people some future problems.... (of course he would have screwed himself in the process because no one including our WONDERFUL system would have went to bat for him)

sorry I am just venting because I am sick of seeing our country go down the tubes in a ball of fire because of a backwards and useless justice system. BTW I have a right to say that because I have a BS in Criminal Justice....

You have a right to say it, whatever your education - which obviously hasn't helped you much, based upon:

1. Your failure to realize that "Not Guilty" pleas are the standard response at a mere arraignment, and

2. Your exhortations of summary execution.

Skip class during the Due Process portion of your degree, did you?

 

[ateamrob]

You have a right to say it, whatever your education - which obviously hasn't helped you much, based upon:

1. Your failure to realize that "Not Guilty" pleas are the standard response at a mere arraignment, and

2. Your exhortations of summary execution.

Skip class during the Due Process portion of your degree, did you?

ouch... that hurt...

You are 100% correct.... However I think you missed the sarcastic approach to the post. I was merley venting on the entire situation. I was not trying to break it apart as a legal disscusion. I am well aware of the due process system I was simply stating a VERY BASIC, annoyed type comment. I realize it does not really hold any water in the real world. Ok... I guess sometimes I may overdue it a little on my thoughts once in a while but when you deal with dirt bags all the time you tend to grow a little low on patience for them when you read things like this. Please do not take EVERYTHING I say litterally..

However since you chose to slam me with an education comment, based on your rude comback at me I guess you have no problem with dirt bags shooting guns at 3am with no permits and having drugs and most likely selling them and cluttering up our world and due process system... that does not bother you or make you the least bit annoyed?? ok then.....

 

[Scrivener]

You are 100% correct.... However I think you missed the sarcastic approach to the post. I was merley [sic] venting on the entire situation. I was not trying to break it apart as a legal disscusion. [sic] I am well aware of the due process system I was simply stating a VERY BASIC, annoyed type comment. I realize it does not really hold any water in the real world. Ok... I guess sometimes I may overdue it a little on my thoughts once in a while but when you deal with dirt bags all the time you tend to grow a little low on patience for them when you read things like this. Please do not take EVERYTHING I say litterally [sic]]..

Sarcasm and subtlety are difficult to achieve on the 'net, absent "smilies" or a significant familiarity with the author. Each was absent in this exchange.

Note that public safety personnel and those in the legal system deal with the same people; criminals, cretins and the victims of criminals and cretins. We just do so at different stages.

However since you chose to slam me with an education comment, based on your rude comback at me I guess you have no problem with dirt bags shooting guns at 3am with no permits and having drugs and most likely selling them and cluttering up our world and due process system... that does not bother you or make you the least bit annoyed?? ok then.....

That's what's known as a non sequiter. Put more simply; i.e., for your benefit, you've taken 2 + 2 and come up with the cube root of 87.

Your transparent attempt at deflection notwithstanding, the - as you admitted - correct observation that entering a "Not Guilty" plea at arraignment in no way equates to not being " theleast bit annoyed" by criminal behavior. As for your umbrage over remarks concerning your education: res ipsa loquitur.


I suggest you spend less time idolizing '80's tv shows and spend more time on learning logic.

 

[KMaurer]

What makes you think it's legal to have firearm with a defaced or missing serial number in ANY state? That might even be federal law.

"MIGHT even be?"

Rest assured it violates both state and federal law.

It depends on the exact interpretation of the word "missing". I own several firearms without any serial numbers anywhere on them. Back when this was a free country, there was no requirement that any manufacturer put serial numbers on their firearms.

Ken

 

[Scrivener]

It depends on the exact interpretation of the word "missing". I own several firearms without any serial numbers anywhere on them. Back when this was a free country, there was no requirement that any manufacturer put serial numbers on their firearms.

Correct as written.

However, the thread began with a discussion of defaced serial numbers and focussed on that aspect of the controlling law.

While commonly used long before then, serial numbers were required, IIRC, by the GCA '68.

 

[flotter390]

Sarcasm and subtlety are difficult to achieve on the 'net, absent "smilies" or a significant familiarity with the author. Each was absent in this exchange.

Note that public safety personnel and those in the legal system deal with the same people; criminals, cretins and the victims of criminals and cretins. We just do so at different stages.



That's what's known as a non sequiter. Put more simply; i.e., for your benefit, you've taken 2 + 2 and come up with the cube root of 87.

Your transparent attempt at deflection notwithstanding, the - as you admitted - correct observation that entering a "Not Guilty" plea at arraignment in no way equates to not being " theleast bit annoyed" by criminal behavior. As for your umbrage over remarks concerning your education: res ipsa loquitur.


I suggest you spend less time idolizing '80's tv shows and spend more time on learning logic.

Fred

 

[ateamrob]

I suggest you spend less time idolizing '80's tv shows and spend more time on learning logic.

I suggest you figure out who and what you are talking about before you go assuming anything about what people idolize.. You have no idea who I am or how I live my life and what my likes and dislikes are. Lets keep this on a not so personal basis my friend... I have not taken any personal shots at you up to this point... I expect the same in return.. How I feel about issues is my business not yours. If you want to respond to my views with yours thats fine but I would not personaly slam your integrity.. Dont slam mine....

 

[Scrivener]

I suggest you figure out who and what you are talking about before you go assuming anything about what people idolize..

"ateamrob"

I have not taken any personal shots at you up to this point... I expect the same in return..... I would not personaly slam your integrity.. Dont slam mine....

Really?

I guess you have no problem with dirt bags shooting guns at 3am with no permits and having drugs and most likely selling them and cluttering up our world and due process system... that does not bother you or make you the least bit annoyed?? ok then.....

Yet again, res ipsa loquitur......

 

[ateamrob]

I am sorry if you took that as a personal slam...

I certainly did not mean it that way.. Maybe I should be a little more careful how I say things...

I am sorry.

 

[Scrivener]

I am sorry if you took that as a personal slam...

I certainly did not mean it that way.. Maybe I should be a little more careful how I say things...

I am sorry.

Not a problem and no apology necessary. MOST of us can cope with the "rough and tumble" of internet forums.

 

[ateamrob]

ha ha...

yeah your certainly right about that.. It can get a little rough sometimes on some of the forums.

oh yeah... your also right.... "res ipsa loquitur" some things do speak for themselves.

later...

 

[GSG]

I was referring to a serial number that's scratched, but still readable. Obviously if the cop read the serial number then it was readable, and traceable, since they traced it as stolen in Gardner. I just find it upsetting that having your gun stolen, and then having the serial number visibly damaged but not removed makes the gun illegal for you to posess forever.

Oh yes, and I'm proud to have a post that hosts pissing contensts.


Is it legal for a gunsmith to "restore" a damaged serial number, or is that also defacing it?