I wonder what is worse, reporting it or having someone else turn it in one day.
Or worse ... a kid finds it and someone ends up dead with a gun registered to his name.
Assuming the gun was registered.
Maybe have a lawyer interact with the PoPo.
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UPDATE, gun found: Natick police search for gun believed to be lost near elementary school
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I wonder what is worse, reporting it or having someone else turn it in one day.
Or worse ... a kid finds it and someone ends up dead with a gun registered to his name.
Assuming the gun was registered.
Maybe have a lawyer interact with the PoPo.
I once left a pocketknife on the roof of my dad‘s car before we drove to church. Probably about 15 miles, some of it around 50mph, and it was still on the roof when we arrived.
I also left a watch on a car roof and it survived awhile too, though eventually it did fall off.
namedpipes
NES Member
I've used some variant of "where's my phone" twice.
Once, I'd lost my own phone and used Mrs Pipes' phone to find mine (it had slipped into the cushions of seat in some motel room (we were together on a road trip - get your mind out of the gutter)
The other time, my daughter left her phone on the hood of her car and drove home. We found it ~ 2 miles from her start point, fortunately it had fallen to the side not the center and just needed brushing off.
Even in mass, charges from this are unusual. There's the "give up your shit/license and you won't get charged" etc. Usually that's bad enough. If they're actually going to hit this guy for unsafe storage, that's f***ed.... so basically they're telling people that you're better off lying about what happened to the gun.
I was just in GOM and the other faceplant MA gun groups. The number of weak cucks in there is disgusting, saying stupid shit like "bweah thus goy is like why we cant have what we want" bweah. Those fgts should take one of their "pre ban" AR mags and shove it straight up their ass.
I was just in GOM and the other faceplant MA gun groups. The number of weak cucks in there is disgusting, saying stupid shit like "bweah thus goy is like why we cant have what we want" bweah. Those fgts should take one of their "pre ban" AR mags and shove it straight up their ass.
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Imagine if an attorney approached the chief in the issuing town for the LTC.
"I have a client who wants to report a gun lost in a public area, but will do so only if you and I can hammer out a deal in which you agree not to take any adverse action against his license now or in the future (including renewals) for this incident. The entire conversation and identity of the individual is protected by attorney/client privilege. Do we have a deal?"
Keep in mind the courts upheld the LTC revocation of a person who violated the MA safe storage law in RI... yes, really. The gun even promptly reported the gun stolen. The court complimented the applicant's responsible handling of the theft in its decision, but held that not safely storing the gun while in another state was justification for revoking his LTC in MA. So the system often gives very little credit to self-reporters as, in doing so, they lose all bargaining leverage.
richc
NES Member
IIRC the FAA has a system whereby pilots are encouraged to report any errors/mistakes they make. These will be investigated but as a reward for self reporting issues the FAA will often give a mulligan of sorts. The FAA encourages honesty.
Any NES pilots who can confirm or deny this?
Any NES pilots who can confirm or deny this?
I hear you. Looks like all the outcomes are sh*t in this situation, some might be less shitty than others.
My thought wasn't so much the lawyer working out a deal, but more like the lawyer won't say too much sh*t, where a person might say too much.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
point is - one way or another person is charged and will be shelling out $ to fight the system, now.
to rat out _yourself_ to police - that is a thing beyond any stupid. darwin in action.
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Quite possibly now. The powers that be may decide that the prosecution of someone who acted responsibly post f***up would send the wrong message - and if they do a CWOF if likely. The more likely problem is the LTC because he is a mere civilian.
So I guess this part of the law doesn’t mean much?
“no person, who in good faith, reports a loss or theft under this paragraph for the first time shall be subject to suspension, revocation or be considered unsuitable under section 131 for the renewal of a lawfully held firearm identification card or license to carry firearms; provided, however, that persons reporting loss or theft under this paragraph or under section 129B on a second or subsequent occasion may be subject to suspension, revocation or be considered unsuitable”
Yes, I’m assuming this is his first time. He didn’t even violate 131C, that’s all about transportation IN a vehicle, doesn’t restrict transportation ON TOP of a vehicle
The incentives are all wrong, too. Failure to report is a $1000 fine and no more guns in MA for life. Call it a $5000 fine once you add in the cost of movers to bring you to NH, but the increased quality of life is probably worth that much. Compare that to the potential “improper storage” felony charges for doing the right thing and reporting it.
Calling a lawyer is probably the least costly option.
“no person, who in good faith, reports a loss or theft under this paragraph for the first time shall be subject to suspension, revocation or be considered unsuitable under section 131 for the renewal of a lawfully held firearm identification card or license to carry firearms; provided, however, that persons reporting loss or theft under this paragraph or under section 129B on a second or subsequent occasion may be subject to suspension, revocation or be considered unsuitable”
Yes, I’m assuming this is his first time. He didn’t even violate 131C, that’s all about transportation IN a vehicle, doesn’t restrict transportation ON TOP of a vehicle
The incentives are all wrong, too. Failure to report is a $1000 fine and no more guns in MA for life. Call it a $5000 fine once you add in the cost of movers to bring you to NH, but the increased quality of life is probably worth that much. Compare that to the potential “improper storage” felony charges for doing the right thing and reporting it.
Calling a lawyer is probably the least costly option.
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agreed, although suppose he didn’t already have counsel retained (most likely), then he runs the risk of the pistol being found before he reports it. So as usual we have benefit of 20/20 hindsight. If I were in this situation I’d probably report it and then provide no further possibly incriminating information. In other words, gun description, SN, last location, that’s it. A gun lost in a crowded area is likely to be immediately found and waiting 24h+ to report it could be dicey. ultimately I’m not in a position to criticize his reporting of lost gun.
ive had two firearms scenarios requiring legal counsel and it took me 2-3 days to find the best person (atty Guida). Having a skilled attorney immediately handling a case isnt easy unless theyre on retainer.
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unrelated to above but related to thread….
here in NC firearms are frequently stolen especially when left in plain sight inside vehicles. I’ve buddied up with several of our sheriffs deputies who told me there are several folks who’ve repeatedly reported stolen firearms including ARs. Those almost always end up with gangs in the shit areas.
now I’m the last person to suggest criminal punishment for stolen or lost firearms. No just no. However, I do support a hefty fine for stupidity that facilitates a firearm being stolen or lost. The people here who leave guns in plain sight aren’t going to learn a lesson unless therye either put in a cell (not acceptable) or slammed with a $500+ fine (acceptable).
I’m also told theres significant amount of straw purchasing going on but it seems those folks are never jammed for it. Damn infuriating to all of us.
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nstassel
NES Member
I see criminal charges being sought frequently for improper storage.
nstassel
NES Member
I agree that section 129C creates a defense to this charge since he reported it. I note that the case discussed by Rob Boudrie above appears to make no mention of this defense. It seems that the lawyer in that case was simply unfamiliar with the law. That's the only thing I can think of for 129C to not be addressed in the case. (Taunton v Caras)So I guess this part of the law doesn’t mean much?
“no person, who in good faith, reports a loss or theft under this paragraph for the first time shall be subject to suspension, revocation or be considered unsuitable under section 131 for the renewal of a lawfully held firearm identification card or license to carry firearms; provided, however, that persons reporting loss or theft under this paragraph or under section 129B on a second or subsequent occasion may be subject to suspension, revocation or be considered unsuitable”
Yes, I’m assuming this is his first time. He didn’t even violate 131C, that’s all about transportation IN a vehicle, doesn’t restrict transportation ON TOP of a vehicle
The incentives are all wrong, too. Failure to report is a $1000 fine and no more guns in MA for life. Call it a $5000 fine once you add in the cost of movers to bring you to NH, but the increased quality of life is probably worth that much. Compare that to the potential “improper storage” felony charges for doing the right thing and reporting it.
Calling a lawyer is probably the least costly option.
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Man who lost his gun and triggered search in Natick faces criminal charge
A man told police he lost his gun near the Lilja Elementary School in Natick actually lost it on Rte. 128 near Norwell and is now charged criminally.
www.metrowestdailynews.com
It shifts the narrative from "keep the LTC" to "avoid becoming a federal PP for life".
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MisterHappy
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That's F'd up.
IMO, that's like the RMV jamming up your DL, becaise you drove 70 MPH in Montana or somewhere, because the max in the DPRM is 65.
nstassel
NES Member
I haven't seen any pattern. Only once I didn't see improper storage charge being charged and that seemed more like incompetence than compassion.
amm5061
NES Member
Not a pilot, but I can confirm that the FAA will indeed do this. I have a friend who had to use his.
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That's because the goal of the FAA is to maximize air safety, not score career points by citing pilots.
The charges in this case are about punishment an example setting/instilling fear only. If he were allowed to keep his LTC he would probably be the least likely gun owner in MA to ever make this mistake in the future.
Medicine is big on this and calls it "just culture" - in fact, hospital internal reports of f'ups are not discoverable by plaintiff's counsel because doing so would discourage self reporting and fixing the cause of problems.
allen-1
NES Member
About a year ago, I took a ride up to a friend's house in South Carolina. Had one gun on me, and another in my T-Bag on my bike. Came out from a gas stop, and saw that the T-Bag pocket was open - and the gun was gone.
Figured out where I was, called the local sheriff's dept. Car with two deputies came out and took my report. Told them that I didn't know if it had fallen out or been stolen while I was inside at the gas station. Oh - and since SC has a duty to notify - I told them that I had a firearm on me, (in addition to the one that I was reporting lost/stolen). That earned a "meh" and "thanks for telling us". Didn't have the serial nbr of the missing firearm, but told them that I had it at home, and could call them on Monday, (this was Friday afternoon). They wrote a report, gave me a card with a phone number and left.
I went to my friend's house, spent the weekend, went home Sunday night. Called the Sheriff's dept Monday morning - with the serial nbr. They told me that they'd already recovered it, by the side of the road - and it was pretty damaged. I drove up after work and picked it up.
Replaced the slide through Glock because the frame looked okay. Turned out that it wasn't, so replaced the frame too.
End of story. No arrest, no loss of license, no contacting of my state's officials by SC officials.
That's how life is in a "free state".
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