Ma. Miscarrage of justice


M

mshean

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I am very sorry to hear of your misfortune sir. First off you should definately contact a capable lawyer. Maybe the NRA or GOA can give you some advice. Hopefully it was just a mistake on the officers part in citing you and will be thrown out of court.
 
You need to lawyer up - big time.

The cop who wrote you up for an unsecure gun apparently doesn't know whose side he is supposed to be on. Let's hope your district attorney is happy enough to get an easy conviction on a junkie burglar, and doesn't try to run his conviction record up further, by pursuing an unfounded and potentially damaging charge against you.

Good luck to you - and to all of us.
 
I become more and more disillusined with our "justice system". I hope and pray on your behalf that this gets thrown out and the officer receives additional training.
 
I don't want to sound like I'm chewing you out! Can't think how to word it in a gentler manner.
1) You shouldn't be talking details on a public forum! Your lawyer would have told you that. If you discuss any details here that they don't already have, they now have access and could use it against you. YES, the good departments do check.
2) Police, these days, cite and let the courts/DA decide the matter. They, often aren't given a choice by superiors or lack of case law training. Many laws are written ambiguously so as to allow lee way through the entire judicial system process.

Several gun organizations, including the NRA have a lawyer referral. Once you have a lawyer, he should check the judge out and plan his strategy for the judges attitude towards guns.


Good Luck.
 
Get a lawyer and as stated previously, don't post about the case until it is over.

If I was representing you my first conversation with the authorities would be about Heller - which can easily be extended to hold that the state can't impose restrictions on the possession of a weapon in one's home that would render the weapon useless for home protection. Is this the case the state wants to present to the court to address that issue of the "secure container" regulation?

I would think not. This is a case where the authorities, even if they think the "secure container" regulation is valid, would not want to test the issue. From their perspective, they should be thinking "bad facts lead to bad law, so let's drop this one, it is too risky."
 
In MA the gun laws were created and put in place to infringe on the rights of law abiding legal gun owners and create an environment in which the gun owner could easily be found at fault for any number of silly infractions and then be deemed incompetent and or unfit to own a firearm. If the gun owner is forced to surrender the license they possesses, that effectively removes their right to own or posses a firearm. It's control, regulation, and restriction. Brought to us by the liberal left...

Thanks to the liberal left and the constant interpretation of our "Rights" and the documents that protect them, we have become victimized by the will of others and no longer live with any sense of freedom. Their agenda is to disarm us all by any means necessary...

Posting any information or details regarding the case publicly could come back to haunt you.

Your home was a locked and secure container... Really...

We expect some level of privacy and security in our homes do we not? The term container as ambiguous as it is, does apply to the entire home if the home is locked and secured. There is no expectation of public access without consent.

Good luck... Sorry that had to happen to you.
 
A 'judge' is quite possibly going to decide what a container is. Not good for you.

Have an administrator erase this thread, hire a capable attorney, and post a new thread once it is resolved.
 
Geez- My heart goes out to you on this one. As others have said, get lawyered up fast. Remember, the DA is the Government and an elected official, therefore, will play to his base. If he can posture about "being tough on guns" and it will help him get reelected be sure he will. Pray for the best, but prepare for the worst. Good luck!
MR
 
mshean said:
I simply should be left alone.
Click to expand...

Yes, you should be left alone. But take heed. There are forces involved beyond reasoning in cases like this.

The guy in this thread rolled the dice with a jury and lost big time.

Discuss the options with your attorney.

I wish the best outcome for you. Let us know how it turns out. In the meantime limit communication to that between you and your lawyer.
 
There is a heroin junkie who lives two houses from me. The kid buys and sells dope in the street like he has a license to operate. People have been calling the town police for TWO YEARS, and nothing ever happened to him. finally, I was weeding my flower bed when I reached in and pulled out two bags of new and used needles, I could have been stuck by. That pissed me off, and I called and the town sent an ambulance to pick the needles up, and there were sales slips in the bags. CVS could clearly trace who these were sold to with the time stamp. Nothing ever happened, until he went to the next city over and got caught B&E ing houses. THEN he got caught a few weeks later with dope in the same city. 30 days later he's back doing the same sht over and over.

I don't call it assachusetts for nothing. I'm really sorry to hear your story. If you go to pre trial hearing don't waive your right to a jury trial.
 
mshean said:
Thank you for your candor, as far as anything coming back to haunt me, I did nothing wrong in the first place, there is nothing to haunt me. If the courts want to fabricate the laws as they go, that will be flagrant dishonesty. I believe that this should become a public relations nightmare for those who would entertain the notion of striping away my career and entire livelyhood through such an ambiguous definition as 'secured and locked container' of which they have failed to define 'container' under the law. They would need to rewrite the law if they wanted to become specific with the word 'container'. As it stands now I will NEVER plead guilty or pay a 'fine' which is also an admission of guilt. If need be I will force this whole issue to trial and let a jury decide. A D.A. should weigh this carefully, he would stand to lose much more through public opinion than he could ever gain by trying to be a hard charger after me, all the while being soft on repete criminals. I simply should be left alone.
Click to expand...

This is MA, we all should be left alone to live and pursue happiness. The liberal left has done away with the idea of simply living as a free man or woman. There is little understanding here with regards to personal rights unless they are cute and cuddly. Owning and using firearms is a subject that does not apply to everyone. People who don't own or use them often have little tolerance for those of us who do. I'm interested in knowing what comes of this and what decision is handed down. I'm a MA resident and know how extreme the loathing of the liberal left toward law abiding gun owners can be.

Contact Gun Owners Action League and ask if they know of any case law precedent in MA that may apply to your situation.

Gun Owners' Action League - GOAL.org - "Protecting Your Freedom Begins Here"

Good luck, I'll say a prayer for you...
 
Ma. Miscarriage of Justice-

A Home 'contains' all of our belongings, including our most valuable, our loved ones. MS
 
mshean:

I share your outrage, but you must heed the several warnings to remain silent!!!. Hopefully this thread will be erased before the MA authorities discover it.
 
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