Brother in law in a bind!

[jestic]

Hello Everyone:
Well, my brother in law is in a bind in Mass.. He's a truck driver and we live in Florida. He has a concealed weapons license. He was involved in an accident, which wasn't his fault, but here is when things get tricky. He told the state trooper that he was armed and he was licensed. He was given a hard time about his weapons, and they were confiscated. The state trooper that pulled him over gave him two summons to appear in court and he's being charged with two felony's, possesion of a firearm and having ammunition for the firearm. Take in mind that, he has no record of any kind and he's pretty much freaking out. Is there ayone out there that can give us advise on what to do? We had no idea of the no weapon law in Mass.. Any advise will be great. Thank you all.

Jestic

 

[GigaBuist]

Is there ayone out there that can give us advise on what to do?

Find a really good lawyer in MA.

 

[jaholder1971]

He needs a lawyer in Massachusetts who specializes in criminal law and firearms. Forget public defenders, their paychecks roll off the same printers as the prosecution attorneys. Bring lots and lots of money.

The last thing he needs is a bunch of opinions from an internet board.

They give summonses for felonies in Massachusetts? Around here they at least get booked and have to at least sign an OR bond or more.

 

[kevindsingleton]

Your B-I-L needs an attorney; a MA attorney, and lots of money. Even then, it still doesn't look good.

 

[highlander 5]

your BIL has a heap of trouble on his hands. Ma does not recognize out of state permits as such depending on the weapons confiscated he could be looking at some serious jail time. He might try invoking FoPA but I'm not sure if that will help. For anyone thinking of coming to Ma with firearms without a non resident LTC Don't do it. minimum jail time is 1 year and a felony so there goes your right to own firearms forever. If you go to Northeastshooters.com there are several lawyers who specialize in Ma firearms and I'm sure that they can help your BIL.

 

[News Shooter]

Go to www.northeastshooters.com and then to the legal forum. Send a private message to either Scrivener or Cross-X. They are both lawyers who specialize in firearms law and they are both pit bulls. Do it now!

 

[ByAnyMeans]

Good MA criminal defense attorney and a prayer.



I hate to say it but your B-I-L should have known not to carry a gun across state lines. It's really not hard to check on reciprocity laws at all. I believe at least with the people I talk to it's common knowledge that Massachusetts sucks in regards to gunlaws (on par with my city). It was pretty foolish thing to do.

 

[News Shooter]

PM sent

some leads

 

[moga]

I'll see if I can dig up the name of the firearm attorney I used in MA. He's in Worcester and is very good. Check back in later.

Edit: It just came to me: Jesse Cohen.

IANAL but federal transport laws should cover your BIL as long as he was legal at the origin and destination of the trip.

 

[Dr. Tad Hussein Winslow]

Find a really good lawyer in MA.

Exactly. Find one with extensive experience in criminal defense law, and preferably with specific experience in defense of gun-related (alleged) crimes. It is time to break out the nest egg.

 

[TexasRifleman]

IANAL but federal transport laws should cover your BIL as long as he was legal at the origin and destination of the trip.

FOPA has some pretty strict rules regarding storage and any stops along the way.

It's almost useless in practical application.

 

[Rio Laxas]

Definately call Jesse Cohen. He is a member over there at northeastshooters.com. He's also got his own website.

http://www.attorneycohen.com/

 

[highlander 5]

Note to others on this forum,Ma gun laws are some of the most complicated laws in the country. We have the equivalent of the Fed AWB here add to that the laws are badly written so you really need a lawyer who specializes in Ma gun laws. News Shooter gave the same advice I gave. Go to the above website and contact either of the lawyers whose names he mentioned.

 

[Chipperman]

He told the state trooper that he was armed and he was licensed.

Was he CARRYING or just had the guns in the truck? That will be a critical point in the case. FOPA will not help him if he was carrying.

 

[moga]

To the poster who said MA has some complicated gun laws. I disagree. What is complicated are the rules surrounding the purchase of firearms. And, of course, shall issue LTCs that are at the discretion of CLEO to issue or revoke are a PITA. But your carry regulations are sweet. GA carry laws are far more complicated than MA any day. In fact, it doesn't get any more simple. Few people realize that though.

Chipper: Very good point. That distinction is for all the gold.

 

[K-DUB]

I have been in the transportation industry for the last 20 years.
18 as a driver and now as a recrutier for my company.

I am afraid it doesnt really matter which state your B-I-L was caught in.
As any type of firearm is illegal in a commercial vehicle from a federal standpoint

I dont know what is in store for him, but I am sure it will not be good.
Any driver that is ever caught with a firearm in their truck is pretty much
black balled out of the industry as the Federalis look at this as a very serious
infraction.

I have had my carry license for a while, but I would never carry in my truck when I drove. A concealed carry permit in a big truck is not worth the paper it was written on.

I wish him well, I hope they dont try and prove a point with him.

 

[EOD Guy]

I have been in the transportation industry for the last 20 years.
18 as a driver and now as a recrutier for my company.

I am afraid it doesnt really matter which state your B-I-L was caught in,
as any type of firearm is illegal in a commercial vehicle from a federal standpoint

That is complete, unadulterated BS that people have been spreading for years. There are NO Federal laws or regulations or DOT rules that forbid the carrying of a firearm in a commercial vehicle. State and local laws are the determining factor.

I'll find the DOT letter concerning this and add it to this post.

Here is the letter from the DOT web site: DOT PHMSA Interpretation #06-0165

Please note that the response was coordinated with FMCSA.

 

[Guntalk]

>> am afraid it doesnt really matter which state your B-I-L was caught in.
As any type of firearm is illegal in a commercial vehicle from a federal standpoint<<

Absolutely untrue.

 

[Treo]

Forget public defenders, their paychecks roll off the same printers as the prosecution attorneys.

I'm sorry, but I take exception to that remark. My wife worked for the state public defender's office for quite a few years, and every attorney that I met worked hard for their clients. They did the best job they possibly could and really did their best to give their clients the best possible defense under the law.

Let me be clear, I don't think a PD would be appropriate for a highly specialized case like this but , it's wrong to imply that PDs are just a bunch of slackers W/ no real interest in actually winning their cases. [/RANT]

 

[highorder]

I am afraid it doesnt really matter which state your B-I-L was caught in.
As any type of firearm is illegal in a commercial vehicle from a federal standpoint

That is completely false.

A misunderstanding is one thing, but going out of your way to spread misinformation is just irresponsible.

 

[jaholder1971]

Sorry, Treo, but I live in Kansas and a Public Defender here is no better than using one of the prosecuting attorney's coworkers. Usually it's a small office with a voluntary pool of attorney that get paid by the case. The more cases they clear the more $$ they get, so pleas and screwball deals are the norm.

I was accused of 2 counts of Domestic Battery in 2003. Before I was even served with charges the public defender's office and the DA had already talked and agreed upon a diversion/plea deal on behalf of one of my accusers, who had used the DA's services when he was in private practice.

I promptly went out and got a pit bull of a criminal defense attorney, who threw a monkey wrench into the setup and ended up getting all charges dismissed with no diversion.

 

[K-DUB]

I stand corrected and apologize for the mis-information.

After reading Treo and Guntalks response, I contacted our Safety Department. I was told that there are no federal laws that apply, but our
company policy is no guns anywhere anytime.

Once again, I am sorry and would not knowingly give someone bad advice.

Now back to your regularly scheduled program.

 

[Duke Junior]

Was he CARRYING or just had the guns in the truck? That will be a critical point in the case. FOPA will not help him if he was carrying.

Agree this says it all and as moga said is for all the gold.
A top notch attorney is needed in any case.
Wonder why that yarn about no firearms carry in a Commercial Vehicle keeps having a life?It's been debunked for years.
K-DUB,I was typing while you were posting.I can see now in your case it was the company policy deal that did it.Don't worry. Just about everyone here has made a mistake or two posting on the forum,present company included.I had Ike born in the wrong town in Texas just last night.

 

[moga]

No slight to public defenders in any state, but to defend yourself against GCA 1998 and Massachusetts General Laws you have to have a lawyer that specializes in this type of practice.

Even a good criminal defense lawyer would probably be at his or her ends trying to mount a good gun defense if they've never done it before.

OP: Was your BIL carrying or transporting? I hope transporting because its very tough to beat the wrap up there if he was in illegal possession of this tool.

The best of luck to him either way. I'm sure it wasn't intentional. No one can be that much of a glutton for suffering.

 

[Cosmoline]

I am afraid it doesnt really matter which state your B-I-L was caught in.
As any type of firearm is illegal in a commercial vehicle from a federal standpoint

MYTH! Please do not keep spreading this nonsense, esp. when someone's liberty is at stake.