State confiscation of firearms

[98valk]

http://weaponstricks.com/index.php/2017/04/18/guns-shells-seized-from-65-year-old-man-for-improper-storage-photos/

I don't remember the 2nd requiring weapons to be locked up. 

[Whooray]

 

[The emperor has no clothes]

I don't know much about Massachusetts law. But I know I would be freaking pissed if my guns were just piled up like that. Why is it they don't have to protect them from damage ? I'd probably end up in jail for cussing out the cops. 

[Jess from VA]

Only MA requires all your guns be locked up.  This guy certainly knew that.  He talked about it to the wrong people or some family member turned him in.  This is certainly unconstitutional (and after a half million spent and ten years of litigation, he could win, but all his guns would have been chopped up long ago).

I would have killed as many people as possible for as long as I drew breath before they got mine.  I like the police and support them every way I can.  But if they (or anyone) comes for confiscation, they better come shooting.  Most of mine are locked up, but a number of them are not, for just such occasions. Of couse, it's the politicians who deserve terminal treatment, but they are never the ones knocking on your door (or kicking it in).  

In a few months no one will report it, but he will probably get a slap on the wrist charge or sentence, in exchange for giving up his all guns and any lawsuits he could bring.

And BTW, just looking at those nice old long guns in the truck, not one of them can fairly be reported to be one favored by armed criminals.  I cannot remember the last bank or 711 robbed with a Mauser bolt rifle.

[98valk]

they went through the time and expense to get a warrant for a 65 yr old, but they don't do the same for all of the gang houses.  Why? cause they know the criminals will fight it out with the cops.

[oldsmokey]

The  UN wonderful state of TAXACHUSETTS. The Pay state. It is a Commonwealth. (oxymoron) Riddled with rules and regulations.

[Gavin_Sons]

That makes me sick seeing all of those guns piled up in a truck bed. I'm with Jess, I would have come out shooting taking down as many of those SOBs as possible. If they killed me they could then pry them from my cold dead hands. I hope these pussies feel better for screwing over an old man that could have passed those guns down to his grand kids. I have several of my wifes grandpas guns and when my boys are old enough they will be passed alomg to them.

[Hook#3287]

Only MA requires all your guns be locked up.  This guy certainly knew that.

When the liberal do good politicians passed those ridiculous laws, they instantly turned thousands of law abiding citizens, into criminals.

I'm sure there are ways to secure your weapon and still be able to retrieve it in a timely fashion, but never looked into it.

And yet, Aaron Hernandez's girlfriend gets caught with the murder weapon of the two men he was recently acquitted of killing, in her car's trunk, and she's not charged.

[FryeVRCCDS0067]

Sadly, those type of laws are designed to be used against people like us, not criminals. Sad that a guy who's probably worked hard, supported a family and paid his taxes for a lifetime would have his property and rights stolen by the state in his twilight years. The people responsible for this are the one's who should be in jail.

[Jess from VA]

How does a MA statewide requirement to lock up all guns at home comport/comply with the seminal SCOTUS decision in District of Columbia v. Heller, 554 U.S. 570 (2008) ?.... which held, among other things (like a personal right to firearms) that:  

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment.  The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.  Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition – in the place where the importance of the lawful defense of self, family, and property is most acute – would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.  Wiki

DC only required trigger locks, and I don't know the language of the MA lock-up law, but anything beyond a trigger lock would simply be an even more unreasonable restriction.  The law is patently unconstitutional on it's face.  MA reliance on it to issue a warrant and enter to take his guns and charge him with a crime is a willful, intentional (and malicious) violation of his civil rights and should be actionable for civil damages before a jury.  

Assuming this man has no other lawful bar to firearms, this case is perfect to challenge the MA law in Federal Courts (after state courts).  Hopefully the NRA (or other) will pick it up for appeals.

[FryeVRCCDS0067]

How does a MA statewide requirement to lock up all guns at home comport/comply with the seminal SCOTUS decision in District of Columbia v. Heller, 554 U.S. 570 (2008) ?.... which held, among other things (like a personal right to firearms) that:  

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment.  The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.  Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition – in the place where the importance of the lawful defense of self, family, and property is most acute – would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.  Wiki

DC only required trigger locks, and I don't know the language of the MA lock-up law, but anything beyond a trigger lock would simply be an even more unreasonable restriction.  The law is patently unconstitutional on it's face.  MA reliance on it to issue a warrant and enter to take his guns and charge him with a crime is a willful and intentional violation of his civil rights and should be actionable for civil damages before a jury.  

Assuming this man has no other lawful bar to firearms, this case is perfect to challenge the MA law in Federal Courts (after state courts).  Hopefully the NRA (or other) will pick it up for appeals.

Agree

[Hook#3287]

Hopefully the NRA (or other) will pick it up for appeals

One can only hope.

[MP]

I hope NRA does. This is wrong on so many levels.

[Serk]

Don't worry, that could never happen here...

(Famous last words, and why "we" must remain so vigilant, some might even say paranoid!)

[old2soon]

Trigger locks? I live in Missouri. Lock up the weapons? I live in Missouri. Now they Might try that crappola in St. Louis or K C or Springfield-But we also have our current Gov who is Republican AND Ex Military. NOT saying it CAN'T happen here. Git enough libtardsnowflakemoonbats together ANYTHING can happen.  RIDE SAFE.

[MarcusS]

Gun laws only apply to law abiding citizens.  It is a known fact that these laws only empower the criminals.   Kinda like the bootleggers voting for prohibition.

On the other hand, the existing laws could apply to adults who give access to uneducated kids. This can also be said about the kids that like to break in and steel stuff.

Large numbers of accidents caused by irresponsible parents are causing our rights to be lost.  Our representatives and voters need to learn you cannot legislate ignorance out of a group of people that are reproducing faster than prisons can be built.

We should not make bold statements on how far we would go to protect our rights. We should keep trying to educate the stupid and keep stockpiling ammo.   I also wish the NRA would mail more propaganda to non members and quit filling my mail box.

The big hole in the 2nd amendment is the first phrase.  Who should regulate the militia? The people or the politicians? What is a free state?


A well regulated Militia, being necessary to the security of a free State,

[98valk]

Gun laws only apply to law abiding citizens.  It is a known fact that these laws only empower the criminals.   Kinda like the bootleggers voting for prohibition.

On the other hand, the existing laws could apply to adults who give access to uneducated kids. This can also be said about the kids that like to break in and steel stuff.

Large numbers of accidents caused by irresponsible parents are causing our rights to be lost.  Our representatives and voters need to learn you cannot legislate ignorance out of a group of people that are reproducing faster than prisons can be built.

We should not make bold statements on how far we would go to protect our rights. We should keep trying to educate the stupid and keep stockpiling ammo.   I also wish the NRA would mail more propaganda to non members and quit filling my mail box.

The big hole in the 2nd amendment is the first phrase.  Who should regulate the militia? The people or the politicians? What is a free state?


A well regulated Militia, being necessary to the security of a free State,

https://en.wikipedia.org/wiki/Militia_Acts_of_1792

[Gabriel]

 Move to Texas we don't have any Draconian laws! We are trying to get Constitutional carry right now, you can carry a weapon in your vehicle without a license, you can open carry here (with a CCL), you can own as many as you want, you can have a suppressor (with a tax stamp).
Everyone here is armed, living somewhere else might as well be like living on another planet, I would probably be arrested within a week.   
A armed society is a polite society

[DirtyDan]

Sarcasm alert

Do you know what the gun laws are in Arizona ?

Neither do I can't find any

Yes an overstatement but not by much

Dan

[The emperor has no clothes]

Sarcasm alert

Do you know what the gun laws are in Arizona ?

Neither do I can't find any

Yes an overstatement but not by much

Dan

Be careful my friend. There are laws. 

[Jess from VA]

They have good gun laws, but they do have laws.

https://www.nraila.org/gun-laws/state-gun-laws/arizona/

[RP#62]

Arizona has great gun laws.

-RP

[DirtyDan]

Sarcasm alert

Do you know what the gun laws are in Arizona ?

Neither do I can't find any

Yes an overstatement but not by much

Dan

Be careful my friend. There are laws. 

I am rob. By Arizona standards I'm "Mello" no belt fed or tripod mounted

Heck I've got ONE semi auto the rest are revolvers derringers or double barreled 12 ga

Not fancy but I can TRUST them

Click = dead

Dan

[The emperor has no clothes]

Sarcasm alert

Do you know what the gun laws are in Arizona ?

Neither do I can't find any

Yes an overstatement but not by much

Dan

Be careful my friend. There are laws. 

I am rob. By Arizona standards I'm "Mello" no belt fed or tripod mounted

Heck I've got ONE semi auto the rest are revolvers derringers or double barreled 12 ga

Not fancy but I can TRUST them

Click = dead

Dan

[BF]

So why in the hell did they confiscate the street sign from where he lived.  Did the street do something wrong too?

[oldsmokey]

Street sign appears to be of the old design, may have come down at one time and they may feel it is town property, looks like a possible military marker for flag mounting as well laying in the bed.
When they go in its a frenzy free for all... Stuff will be grabbed like you wouldn't believe.

[desertrefugee]

I am rob. By Arizona standards I'm "Mello" no belt fed or tripod mounted

Heck I've got ONE semi auto the rest are revolvers derringers or double barreled 12 ga

Not fancy but I can TRUST them

Click = dead

Dan

Arizona is good.  I have a safe full of them, too.  From a flat top Ruger .44 Blackhawk to Browning HP and various 9mm and .45s.   Lots of long (and carbines).   Need a bigger safe.

And I agree about the pile in the truck.  I cringed when I saw that.

[DirtyDan]

+1 on the pile in the truck bed.........WTF ?

[FryeVRCCDS0067]

Assuming he eventually wins this in court, each and every one these firearms will need to be refinished to erase the damage done to them by being piled up and transported in such a way. $350 to $1000 per firearm would be a reasonable charge for this. Of course, for collectible firearms, this refinishing will diminish their value. Because of this, each would need to be appraised in addition to being refinished so the owners total financial loss could be documented.

Bare minimum, the owner should get his firearms back and be paid for his losses as calculated above.

Very, very sad to see someone's heirlooms treated in such a way.

[Jess from VA]

As I noted above Mike, win or loose, by the time any litigation is done, MA will almost certainly have fed his guns into a chipper (or left them to rot in a leaking basement).  Since they are likely considered contraband under MA law, they may go straight to a chipper before any litigation is resolved (or even commenced).  (You'll note that ten pounds of weed, found to have been taken under an unlawful warrant, is never returned to it's rightful owner.)

I also said it is likely they will offer a light charge/sentence if he gives his guns up and signs a no-litigation agreement.  Facing years in prison, deals are hard to turn down.

Maybe the NRA will get involved.  Maybe this was a test case set up for the NRA to get involved.  On the other hand MA may not be worthy of limited NRA expenditure of resources.  

MA can rot in bloody HELL.  (not that there are not some good citizens there, a distinct minority of good citizens)

If he does succeed at trial on constitutional grounds (likely not for a long time with multiple appeals) I hope he sues the MA G and gets a good 25 to 100 million dollar verdict.  The kind of verdict that sends a message to tyrant leftist politicians who think they can usurp constitutional liberties at will (and their electing population).  I generally do not support outrageously high tort suit verdicts, but I'm all for it in this case.  Bankrupting MA would be a good thing.

If he lives long enough, that kind of money can buy exact replacements of every firearm unlawfully stolen from him.  And a nice house in another state.

[FryeVRCCDS0067]

As I noted above Mike, win or loose, by the time any litigation is done, MA will almost certainly have fed his guns into a chipper (or left them to rot in a leaking basement).  Since they are likely considered contraband under MA law, they may go straight to a chipper before any litigation is resolved (or even commenced).  (You'll note that ten pounds of weed, found to have been taken under an unlawful warrant, is never returned to it's rightful owner.)

I also said it is likely they will offer a light charge/sentence if he gives his guns up and signs a no-litigation agreement.  Facing years in prison, deals are hard to turn down.

Maybe the NRA will get involved.  Maybe this was a test case set up for the NRA to get involved.  On the other hand MA may not be worthy of limited NRA expenditure of resources.  

MA can rot in bloody HELL.  (not that there are not some good citizens there, a distinct minority of good citizens)

If he does succeed at trial on constitutional grounds (likely not for a long time with multiple appeals) I hope he sues the MA G and gets a good 25 to 100 million dollar verdict.  The kind of verdict that sends a message to tyrant leftist politicians who think they can usurp constitutional liberties at will (and their electing population).  I generally do not support outrageously high tort suit verdicts, but I'm all for it in this case.  Bankrupting MA would be a good thing.

If he lives long enough, that kind of money can buy exact replacements of every firearm unlawfully stolen from him.  And a nice house in another state.

Agree all the way around!  The idea of those firearms being destroyed was just a little too ugly to wrap my mind around I guess.  MA doesn't even seem to be part of the United States, sad indeed.