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The Scuppers This is a new forum for the not necessarily fishing related topics... |
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12-28-2012, 01:55 PM
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#1
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Retired Surfer
Join Date: Dec 2000
Location: Sunset Grill
Posts: 9,511
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Quote:
Originally Posted by JohnnyD
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The above information was correct until a cape judge decided on behalf of a defendent, who just happened to be a state trooper, that thier is no requirement to keep guns locked in Massachusetts. The defendent was found not guilty based on the judges finding. Remember in Mass. go jury waived.
Last edited by Swimmer; 12-28-2012 at 06:53 PM..
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Swimmer a.k.a. YO YO MA
Serial Mailbox Killer/Seal Fisherman
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12-28-2012, 02:25 PM
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#2
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Registered User
Join Date: May 2008
Location: Mansfield, MA
Posts: 5,238
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Quote:
Originally Posted by Swimmer
The above information was correct until a cape judge decided on behalf of a defendent, who just happened to be a state trooper, that thier is no requirement to keep guns locked in Massachusetts. he defendent was found no guilty based on the judges finding. Remember in Mass. go jury waived.
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Thank you. I was unaware that there was any case law to the contrary. You don't happen to have any other information?
Frankly, if my spouse and I are both legally licensed, I see no reason why the state can tell me how I'm allowed to store firearms in my own house, especially my home protection weapon. "Excuse home invader, could you please wait a moment while I get my keys, unlock my safe and get my shotgun. Thanks!"
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12-28-2012, 06:51 PM
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#3
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Jiggin' Leper Lawyer
Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
Posts: 8,159
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Quote:
Originally Posted by JohnnyD
Thank you. I was unaware that there was any case law to the contrary. You don't happen to have any other information?
Frankly, if my spouse and I are both legally licensed, I see no reason why the state can tell me how I'm allowed to store firearms in my own house, especially my home protection weapon. "Excuse home invader, could you please wait a moment while I get my keys, unlock my safe and get my shotgun. Thanks!"
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Don't take it as any kind of precedent. The law is on the books, and being enforced everywhere in the Commonwealth. You have one ruling in a jury-waived trial, by a lower court judge, who didn't want to see a Statie lose his job. Since the judge found the Statie not guilty after a trial, the DA couldn't appeal. The judge didn't throw the law out. He found that the DA didn't prove guilt beyond a reasonable doubt. That's all. And if the defendant wasn't a Statie, you can bet your bottom dollar that the verdict wouldn't have gone that way.
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