Saturday, March 7, 2009

CT Man Wrongly Jailed by Fascist MA over Firearms

http://www.telegram.com/article/20090305/FRONTPAGENEWS/903050299

This sort of thing truly infuriates me: thug cops ignorant of the law trying to ruin a man's life. Under the FOPA (Firearm Owners' Protection Act) of 1986, a federal law, this man had every right to transport these firearms through MA from CT, since they were legal in both his starting point (CT) and his destination (ME). Of course they play the story up as though he were Osama Bin Laden, with a tiny number of common weapons and some perfectly legal body armor. The FOPA of 1986:

Title 1: State Firearms Control Assistance

Sec. 926A. Interstate
transportation of firearms

Notwithstanding any other provision of any law or any
rule or regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting, shipping, or
receiving a firearm shall be entitled to transport a firearm for any lawful
purpose from any place where he may lawfully possess and carry such firearm to
any other place where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the firearm nor any
ammunition being transported is readily accessible or is directly accessible
from the passenger compartment of such transporting vehicle:Provided, That in
the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.



On top of that, even under MA state law he had a right to transport them:

Mass. General Laws

Chapter 140, Section 129C

A non-resident may possess a rifle
or shotgun in Massachu setts:

1. While hunting and in possession of a valid
hunting license.

2. While on a firing or shooting range.

3. While traveling in
or through Massachusetts if the rifle or shotgun is unloaded and enclosed in a
case.

4. While at a firearms show organized by a “regularly existing gun
collector’s club or association.”

5. If he or she has a license or permit to
possess any firearm in his or her home state, if its licensing requirements are
as stringent as those of Massachusetts, as indicated by a published list of such
states promulgated by the colonel of state police.



The charges should have been thrown out. Instead, he needs to come up with $10,000 in bail to get out of prison. And he is facing felony charges which, if he is convicted of violating them, his life will be effectively ruined. It will harm his ability to get a job or home. He won't even be able to have a single round of ammunition again. I truly, absolutely, hate thug cops who do such tyrannical acts! I hope he gets a good lawyer and beats the thugs, and I truly wish his mother would follow the advice any lawyer will give someone: shut up, and don't talk to the police.

2 comments:

Dyno said...

Incredible--another arrest for lawful posession of property. It seems the Second Amendment doesn't apply in West Allis, WI (Brad Krause was arrested for planting a tree with a holstered weapon) and now the entire state of MA (Luke Huizinga was arrested for possession). It's incredible people stand for it, often saying, "That situation doesn't apply to me, and I really don't care." When do rights violations not apply to everyone, after they lose the rights they care about? At that point it's too late.

CJ said...

Precisely the problem. Too many people don't care until it affects them, and by that time, it's too late.