How to transport a gun through Massachusetts?

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c1ogden said:
Yes, they do. I questioned it when I read it in the paper but my county prosecutor's office confirmed the requirement. We had been taught in the police academy that any handgun was presumptively illegal unless accompanied by a carry permit or LEO identification. There were transport exemptions that I thought should cover the airport but after discussion with the prosecutor and re-reading the statutes (2C:39-5b, the ban and 2C:29-6f, the exemptions) I see that he was right. The only exemptions cover DIRECT transport from home to legal place of use (range, hunting, gunsmith, etc.). By direct they mean no stops and you must take the most direct route.

This is not something that the honest thinking citizens of NJ are proud of but that is the way it is here. Fortunately, I don't work at the airport so I don't have to harass the citizens like that.
Sir, you (or your county prosecutor) need to go back and re-read your NJ statutes. Your state laws incorporate, verbatim, the language of the McClure-Volkmer Act (the Firearms Owners Protection Act), Title 18 U.S.C. Section 926A, which states that interstate transport (not "carry") is legal as long as possession is legal at the place where the journey begins and at the place where the journey ends. Conditions of transport are also spelled out -- the firearm must be unloaded and stored in the trunk of the car or, if there's no trunk, in a locked container not directly accessible to the driver.

It is the specific description of the legal modes of transport that have caused problems for air travelers, because although the law itself doesn't restrict travel to privately-owned motor vehicles, the only descriptions of how you may transport a firearm in compliance with the law seem aimed solely at autmobile travel. That was what the NY/NJ Port Authority cops used as justification for busting the businessman whose only crime was having his connecting flight delayed long enough that he had to spend a night in the airport hotel and then re-declare his firearm at the ticket counter the next morning. He didn't have a car, therefore he didn't have a trunk and he wasn't a driver. So, they reasoned, the law didn't apply to him. Wrong.

I don't recall if the court ultimately dismissed the case or if the prosecutor saw the light and decided not to pursue it, but that case should have settled the issue at least in NY and NJ that the FOPA applies to all interstate transportation of firearms.

New Jersey State Police web site: http://www.njsp.org/about/fire_trans.html

Note particularly
I. New Jersey laws governing firearms permits, purchaser identification cards, registration and licenses do not apply to a person who is transporting the firearm through this State if that person is transporting the firearm in a manner permitted by federal law, 18 U.S.C.A. 926A.
 
...You will be walking around carrying a handgun concealed in Massachusetts from the moment you retrieve your baggage until the moment you enter your car. The 'peacable journey' seems to apply only to travelling by car, not by foot.
I think that's my bigger problem, and the reason many of you recommend getting a non-res LTC for Mass.

Thanks for all the helpful advice. For a 1-year license, Mass requires $100 plus the completion of a handgun safety class within the last 12 months. This means that it would cost me more than $100 per year. I think I'll just get a carry license from NH for $20.

I am hoping that laws don't change until I get the NH carry license. I am waiting until May to get the license, because the license is good until your birthday after 4 years has passed (my birthday is in April). This means I can have a valid license for essentially 5 years. Good plan?

easy as pie for right now. - But note an Ex-Mass hole St. Trooper is now in the N.H. legislature, and is succeeding in his fight to make N.H. more like Mass. In that he is working on a May Issue bill and a Police Discretion May-Issue permit. Also rumblings on abolishing the Non Res permit.
...just hearing about the Mass trooper being involved in the NH legislation makes me want to cry!! I hope nothing changes until after May, when I get my non-res license in NH!
 
Arrested!!

Hello folks, I reading and just had to post this .....

I am in the tire business, and travel all around the country selling tires at racing events. I also hunt, shoot trap, target, etc. I live in Maryland where I own my business, it is an LLC, and I am the president, so I do not have to have a concealed carry card to transport, only to load and conceal. My normal routine is to travel according to "safe passage" laws and keep the firearms be they my pistol, rifle, shotgun, etc unloaded, locked and separated from me while driving, etc. and have NEVER, had a problem, while hunting and/or target shooting in WV, VA, PA, MD, etc etc.

I had to go to NHMS which used to be NHIS in loudon New Hampshire. There are customers and friends of mine up there that shoot, so we agreed to go to the gun club up there together and target shoot, on a thursday night, the night before the racing activities started on friday. I did as I always do with my pistol, I put a large thick shanked pad lock through the chamber and handle, so as to prevent any loading of the firearm, and even if I pre-loaded a round and then locked it, or someone somehow forced a round past the shank, (impossible, I tried,) the firing pin couldn't engage. I then placed the gun inside of the closet that I keep in the back of the truck, which is in a compartment inaccessible to the driver. So I'm good to go right? Read on....

During my travel through Conn I hit a bridge with my very large box truck, and damaged the roof severely. The rear door was bent backwards and a very large and dangerous opening split between the right wall of the box, and the rear door structure. I moved my tire inventory and equipment around a bit to keep things from falling out and endangering other motorists. I then pulled over and slept because I was coming up on ten hours and a violation of driving and CDL and log book laws. But before going to bed, I decided to bring the glock up into the cab, and place it under the passenger seat, because if someone stole my tools or tires, I'd recover financially, but if someone stole my gun I'd be in big poo poo and of course major guilt issues. I'm a conservative Christian believer and a gun owner, so though I believe in the 2nd ammendment, I also believe in the necessity for responsible and careful gun ownership and stewardship, and the idea of someone helping themselves through the gap in the side of the truck and getting my gun illegally scared me deeply.

So okay, next morngin I'm up, and heading north through Mass to get to NH. A DOT officer pulls me over to "take my truck off the road because it's damaged" and then asks me three questions. 1) Are you drinking, or were you drinking, because I see you drove into a bridge. I answered, "no sir, I hit the bridge on an unfamiliar road at night in the heavy rain and it was a visibility issue, not an alcohol issue. My wife is a fundamental sunday school teacher and if I ever drank anything she'd kill me" 2) He then asked, "do you have any drugs on the truck, to which I answered, "Sir, please.... I just told you I'm not into that kind of thing. You are welcomed to search the truck, I have nothing to hide." He was satisfied by my offer and legitimately believed me, but then the crusher came. Question 3) "Do you have any firearms with you? I replied, "Yes sir, I do. I have a glock 27 locked, secured, and unloaded. Would you like me to get out of the vehicle to allow you access to it or would you prefer I release it to you myself?" I was taught to say that by my family, there are police officers on both sides, some DC capital police, some county.

The next thing to happen is tragic, heart breaking, and horrible. He asked me to go ahead and give him the firearm, so I got out of the drivers seat, went back behind the cab section, crawled under the floor area, pulled the gun out and then gave it to him through the passenger window of the cab. He then asked for the ammunition, so I told him that I didn' have any target rounds with me, we were going to buy that at the event to support the gun club, but I did have ten rounds of personal protection rounds with me since that is what I keep in the gun at my store and he was welcomed to hold that. I also told him about some turkey huntnig rounds that were still in the cargo box. I wasn't as worried about securing them because there was no shotgun on board anywhere, so I just left them in the closet back with the tires. He asked why my gun wasn't in a case, but only had a padlock through it. I explained that the case and lock that glock supplies are a joke, and offer no real deterrent, (in fact, the cheap lock that it comes with only works 1/2 the time anyway) and since the closet closed and was the "normal" location for it before the accident I didn't need to have it.

He went to his car, verified that I have NO CRIMINAL RECORD OF ANY KIND, EVER, FOR ANYTHING, and that I did own the business in MD, and that the gun was lawfully purchased and serial number on it and it was lawfully mine etc, and then came back up to where I was now standing outside of my truck and asked me to sit in the back of his car. I said sure, I don't mind, you can search the truck, here are the keys, you can do anything you like, I have nothing to hide, own the gun legally, and am on a lawful trip to NH.

While I was in the back of his car, more officers came on the scene, and an argument ensues between them. Most of the officers were saying, "let him go, there's an exemption for competition shooting" and one of them wasn't saying anything at all..... but finally, the one that pulled me over that I was compelety honest with, and courteous to, came back and arrested me for not having a Mass FID card, and for two counts of possession of high capacity.

I have never harmed a human in my life. And never want to either. But biblically my wife and I believe in the scripture that reads, "there is a time to buy a weapon for defense" and also in the 2nd ammendment. I was responsible in following all of the laws of safe transport, and lawful useage, to the absolute best of my ability, intelligence, and research as possible. If the gov of Mass wanted to fine me $500 for taking the gun out of its case, (which is attached to the back of the cargo area) and putting the gun, locked and disengaged, in the cab to secure it since the lock on the cargo area was rendered useless in the accident, okay, fine. Here's your $500. But right now I am a criminal, with a criminal record, they took my gun and I can't qualify to buy a replacement.

I hired a Mass lawyer that knows gun laws up there, and even my own lawyer is saying, "you put it in the cab without being in a case. You're out of luck." even though the lock I had on it is way, WAY better, stronger, and safer than the stupid plastic thing that glock gives you.

Please pray for a judge, or a jury, with some common sense, because if they convict me on this, there is a mandatory sentencing. No leniency, no pbj, no fine in lieu of time, nothing........ mandatory jail time. I will lose my business, since my part time employees have jobs during the week and can't run my company without me. My wife has no income now, and couldn't afford our home or mortgage on her own even if she did have a job. If they get me on this I am not only never, ever allowed to re-purchase a firearm, or hunt, or target shoot ever again, (MD confiscates upon knowledge of a felony OR misd gun charge if the sentece exceeds one year, and by confiscate I mean all guns, long, short, hand, whatever.....) but more importantly my wife will lose our home, and I will come out of jail with no business, a felony record, and no way to provide for her.

After I was interviewed and told I would be released from jail, (I was detained in a cell for a few hours) I asked for a ride to a local hotel, or to the place where they towed my truck to. The officer that arrested me pointed to my T-shirt, (it had a picture of the cross on it and a religious reference to following the leader in Jesus) and he verbally referenced the Bible I had in the front on my truck, and said, "dont' worry Mr Mise, I'm sure that GOD will get you out of this................" and then said that he would give me a ride if I wanted to go to strip club, but since "I didn't want to go there" he couldn't offer me a ride.

I then walked out of the cell area upon official release, then paused in the lobby, and asked one of the officers if he could direct me to the person that could issue me a receipt for my confiscated Glock. He said that no one was going to give me a receipt, because it was evidence. I said, "Please sir, that gun is registered to me in my name, and your office confiscated it, and I understand that, and it's okay, but I am at least entitle to documentation or a receipt am I not?" His reply was troubling. He stated that the police doesn't need to answer for the gun, and that it was safer with them than with me, and that I had "better" leave the station. I was verbally pushed out of the station with no direction, no where to go, no vehicle, thank the Lord they didn't steal my money so I could buy dinner and a hotel room, but you get the picture. I was always raised to respect and to trust policemen, and having them in my own family, I always promote that too. We even teach the kids in our ministry at Church to look for police in times of trouble. But I saw a side of America, and a side of "the law" that I never, ever hope my children, or my wife ever have to see.

I was arrested in a land where sodomy is legalized, and the institution of marriage is being destroyed. The murder of innocent children is being deemed a woman's right because of the sin of fornication and the unwanted responsibility of an ensuing pregnancy, and the police use the F word more than the criminals do. They F'ed me twenty times up there I'm sure of it. But a gun owning business owner who has no record, or criminality of any kind, is stripped of his dignity, criminalized, religiously teased, and will most likely be convicted as a felon.

My name is Quentin James Mise. Owner of Mize Mobile LLC, a Maryland corporation, and this story is as true as the good book itself. I am writing this on June 1st 2009 at midnight, and am scheduled to appear in Dudley Mass on June 15th for pre-trial, whatever that means. May the people of our nation repent, and re-kindle the trust in God that made our country great, and may the Lord heal our nation and bring justice back to our land.

Prayerfully yours,
-Quentin
Romans 10:13
 
sorry about that, I was doing net searches on gun laws for my case and this forum came up. I thought since I was actually arrested even though I was trying my very best to follow the law, it would be of value to the members here.
 
Mr Mise-
I'm sorry about the bad treatment you received here.
May I suggest that you contact the Massachusetts Gun Owners Action League (GOAL) and see if they can be of any help to you.

http://www.goal.org/

The phone # is: 508-393-5333
The director's name is Jim Wallace.

Good luck.

Tinpig
 
theQman23,

You tried to do the right thing in the wrong place.
I have heard from a fairly reliable source that transporting
even ammo through Mass without a permit is a mandatory
felony charge with one year year behind bars. Normally I
would not recommend this, but our country has been invaded
by domestic enemies (terrorists) we call progressives
: If I was riding through Mass with any gun or ammo and
got stopped by the police, I would gladly exercise some civil
disobedience and NOT inform the Gestapo of the gun or ammo.
They WILL NOT honor the Federal Protection of the 1986 law.
Mass gov does whatever the H___ it wants to do. Its piracy.
 
I know what you mean..... had I said that I didn't have anything I would probably be alright........ the law makers are teaching people to become unscrupulous. I figured that because of the federal law I was fine, so I told the truth like any person normally would, I just didn't know that Mass was not part of the U.S. anymore and that my federal rights would be violated. If I go to jail and can never have a firearm again........ well......... so be it. Just don't let it be in vain. Tell EVERYONE you know to support groups and lawmakers that would have this kind of "overstepping" made illegal. Thanks for the referral also, I will place a call tomorrow and see what the locals think of my scenario.

Shoot safely, and God Bless.
-Quentin
 
Dear ExpeditionX,
You referenced how the "commonwealth" won't recognize or doesn't feel that it must abide by the federal protection act. I know that is their intention, and if they can squeeze or scare me into a plea bargain by "saying" that they don't honor it that's one thing. But if I hold my ground and push the thing to the end with no bargains, or pleas, will the feds step in with that protective act or do I have to lose in Mass then appeal? Can anyone reading this speculate on the path that this will follow assuming I tell the money grubbing DA that I'm not going to plea because the federal government says I'm innocent?
I can't be the first persont this has happened to. Anyone care to speak up with actual documented cases or experience as to how this might play out?

Thanks
-Quentin
 
I would appeal first to the NRA and see if they
would back you through this. They have the
funds, legal expertise, and influence to make
a difference. With the right backing, this might
have a chance to reach the supreme court.
This BS needs to get struck down as in violation
of the federal law that is already in place.
If the NRA starts a fund to purposely fight this,
I will gladly donate all I can.


As far as the DOJ under Obama, they will not
likely step in to help you. That would amaze
everyone if they did.
 
theQman23, It is heartbreaking to hear what they are putting you through in Mass! It makes me angry to hear what "the system" will do to turn an honest man into a criminal. I support you fully. I think contacting the NRA is the best option.
 
I'm in the same boat, Q. Got stopped while moving via interstate 95. Sounds like you have much more to lose than I (I'm don't have a family or my own business), but we may have something to learn from each other's cases. Msg me.
 
the court has decided

Ok folks, this is the rest of the driving from MD to NH through Mass transport story.......

Count one was a charge of high capacity firearm or feeding device.
Count two was possessing a firearm without the FID (mass) card.
Count three was ANOTHER CHARGE of high capacity firearm or feeding device.

When preparing defence my lawyer explained that even though I was legally transporting one firearm, the magazine and the frame of the gun can be charged separately. The reason Mass does this instead of showing the mag and frame as components of the same gun is because they want to be able to rack up as many charges as possible, because that does two things. It gives the DA more leverage in negotiation to plea bargain, (i.e. we'll drop count one and three if you plead guilty to count two) sort of thing....... and it also makes people look more guilty to a jury. If the gun toter exercises his rights for a trial by jury, (which I was very, very close to doing) then any offers to drop charges come off the table, and they throw every possible thing at you they can. If they have three charges on the arrest report, and you can legally show that you were allowed to transport legally, the idea is the jury will feel like this, "well he's been charged with multiple crimes, maybe he can transport to another state like that, but he must be guilty of SOMETHING if they charged him with so many things," so they rack and stack the charges up just to get something to stick, like the shotgun effect of hiring ten kids to see which one will show up and do the job, sort of thing.

A couple days before pre-trial the DA called my lawyer and offered to drop counts 1 & 3 which were the more serious felonies, if I pleaded guilty to the FID card issue, and they would request the judge not throw me in jail. I thought mandatory sentencing meant mandatory sentencing, and I couldn't get the no jail part in writing so I told my lawyer to tell them I wasn't interested in that offer, I'd push for trial. So, at the pre-trial, the DA stated that they dropped counts one and three because of the mercy of the DA's office and because I had no criminal record. But they again asked for a guilty plea on count two because they wanted a conviction of some sort, to justify the arrest, which in many professionals opinion, in and out of Mass, was a bad and unjust arrest.

I started figuring out that the Mass DA office wanted to avoid the Mcclure Volkmer protection act in court like a plague, and here is why. Once somebody tells the DA, "no deal, no deal, I'm pushing for trial, and if needed an appeal, and the feds will step in with Mclure Volkmer to guarantee my safe trasnport and passage rights," then that case or decision or appeal, or overturn, will set a precedense. The standard opperating procedure for MAss is to arrest with lots and lots of charges, then plea out for monetary charges and convictions. Once the McClure Volkmer act actually protects someone and sets them free, this little process they have going falls apart.

I figured this all out standing there in court, and told my lawyer to tell the DA that I'm not going to plea guilty to ANYTHING, and they can prove me wrong in court if I'm wrong. So they came back with this offer. Counts one and three dropped. (they had to do that anyway because my gun held 9 from glock and I put a +1 on it to get pinky stability, so it's not a ten rounder, not enough to justify high cap anyway) Count two left at a disagreed, but the DA was moving for a guilty, and we were going to go for a trial, and a fight. During the time I stood on the defendants stand I knew that my Florida conceal permit was no good in MAss and I couldn't submit it to the judge, it would get struck down, so I pulled it out of my wallet and stood there holding it up to my chest so the judge could see it. The DA had the power to stop it's submission as evidence, but did NOT have the power to keep me from letting the judge see it in my HANDS, and ON MY PERSON. We also brought the gun lock that was on the gun that the officer REMOVED before submitting it as evidence, and we also brought photos or the truck damage and the case where the gun was originally transported before the truck was damaged but admittedly, never got to show these things because MASS didn't want to let this get to trial.

The result was this, count one and three fell off as dismissed by the judge officially, and not just on the "offer to dismiss" table. Count two was "continued without a finding for six months" which just means that I'm on probation not to commit any crimes in any state for six months, then it also, falls off dismissed. That process had a total cost of something like $430 which I paid all up front so that they couldn't later deny receiving stuff in the mail and act like I violated the deal.

The explanation for the result is that they basically knew they couldn't convict me in a trial. There was no way based on federal protection, and a failure would put them in a precarious position for future criticism. But, at the same time, they couldn't completely let the whole thing go with no reprimand at all, because that would open them up to a wrongful arrest type of scrutiny by their own superiors. So, they said, "your innocent, but not for six months" in a way of trying to save face.

To me it was a great victory in that 'YES IT IS LEGAL TO TRANSPORT A FIREARM FROM ONE STATE, TO ANOTHER STATE THROUGH MASSACHUSETTS, NO MATTE WHAT THEY SAY' in accordance with federal law. Woo hoo and victory!!!! But at the same time, this has cost me thousans of dollars in legal costs, travel trips to MASS, etc, and I still can't buy another handgun until the six months is up and MASS doesn't have to return mine until the six months is up, so I have no handgun and can't get another handgun. Did they beat me? Well.... I'm not convicted. But I still lost my right to the 2nd ammendment, EVEN THOUGH I'VE NEVER BEEN CONVICTED. You decide.

If I didn't have a wife and employees, and it was just me, and taking the risk of going to jail would only effect me, and not five other mouths to feed, I would have pushed for trial, just to set the presedencse. But because I am a steward of others, and their provisions, I had to think for them first, and I copped out, and took the easier plea. I'm ashamed on one hand, but happy they couldn't convict on the other.

I pray God Bless and keep you all safe, even if he has to use your guns to do so. Please pray for the Kentucky Kid as he is in a very similiar, and equally unnecessary scenario.

-Quentin Mise
Mize Mobile LLC
 
the court has decided

Ok folks, this is the rest of the driving from MD to NH through Mass transport story.......

Count one was a charge of high capacity firearm or feeding device.
Count two was possessing a firearm without the FID (mass) card.
Count three was ANOTHER CHARGE of high capacity firearm or feeding device.

When preparing defence my lawyer explained that even though I was legally transporting one firearm, the magazine and the frame of the gun can be charged separately. The reason Mass does this instead of showing the mag and frame as components of the same gun is because they want to be able to rack up as many charges as possible, because that does two things. It gives the DA more leverage in negotiation to plea bargain, (i.e. we'll drop count one and three if you plead guilty to count two) sort of thing....... and it also makes people look more guilty to a jury. If the gun toter exercises his rights for a trial by jury, (which I was very, very close to doing) then any offers to drop charges come off the table, and they throw every possible thing at you they can. If they have three charges on the arrest report, and you can legally show that you were allowed to transport legally, the idea is the jury will feel like this, "well he's been charged with multiple crimes, maybe he can transport to another state like that, but he must be guilty of SOMETHING if they charged him with so many things," so they rack and stack the charges up just to get something to stick, like the shotgun effect of hiring ten kids to see which one will show up and do the job, sort of thing.

A couple days before pre-trial the DA called my lawyer and offered to drop counts 1 & 3 which were the more serious felonies, if I pleaded guilty to the FID card issue, and they would request the judge not throw me in jail. I thought mandatory sentencing meant mandatory sentencing, and I couldn't get the no jail part in writing so I told my lawyer to tell them I wasn't interested in that offer, I'd push for trial. So, at the pre-trial, the DA stated that they dropped counts one and three because of the mercy of the DA's office and because I had no criminal record. But they again asked for a guilty plea on count two because they wanted a conviction of some sort, to justify the arrest, which in many professionals opinion, in and out of Mass, was a bad and unjust arrest.

I started figuring out that the Mass DA office wanted to avoid the Mcclure Volkmer protection act in court like a plague, and here is why. Once somebody tells the DA, "no deal, no deal, I'm pushing for trial, and if needed an appeal, and the feds will step in with Mclure Volkmer to guarantee my safe trasnport and passage rights," then that case or decision or appeal, or overturn, will set a precedense. The standard opperating procedure for MAss is to arrest with lots and lots of charges, then plea out for monetary charges and convictions. Once the McClure Volkmer act actually protects someone and sets them free, this little process they have going falls apart.

I figured this all out standing there in court, and told my lawyer to tell the DA that I'm not going to plea guilty to ANYTHING, and they can prove me wrong in court if I'm wrong. So they came back with this offer. Counts one and three dropped. (they had to do that anyway because my gun held 9 from glock and I put a +1 on it to get pinky stability, so it's not a ten rounder, not enough to justify high cap anyway) Count two left at a disagreed, but the DA was moving for a guilty, and we were going to go for a trial, and a fight. During the time I stood on the defendants stand I knew that my Florida conceal permit was no good in MAss and I couldn't submit it to the judge, it would get struck down, so I pulled it out of my wallet and stood there holding it up to my chest so the judge could see it. The DA had the power to stop it's submission as evidence, but did NOT have the power to keep me from letting the judge see it in my HANDS, and ON MY PERSON. We also brought the gun lock that was on the gun that the officer REMOVED before submitting it as evidence, and we also brought photos or the truck damage and the case where the gun was originally transported before the truck was damaged but admittedly, never got to show these things because MASS didn't want to let this get to trial.

The result was this, count one and three fell off as dismissed by the judge officially, and not just on the "offer to dismiss" table. Count two was "continued without a finding for six months" which just means that I'm on probation not to commit any crimes in any state for six months, then it also, falls off dismissed. That process had a total cost of something like $430 which I paid all up front so that they couldn't later deny receiving stuff in the mail and act like I violated the deal.

The explanation for the result is that they basically knew they couldn't convict me in a trial. There was no way based on federal protection, and a failure would put them in a precarious position for future criticism. But, at the same time, they couldn't completely let the whole thing go with no reprimand at all, because that would open them up to a wrongful arrest type of scrutiny by their own superiors. So, they said, "your innocent, but not for six months" in a way of trying to save face.

To me it was a great victory in that 'YES IT IS LEGAL TO TRANSPORT A FIREARM FROM ONE STATE, TO ANOTHER STATE THROUGH MASSACHUSETTS, NO MATTE WHAT THEY SAY' in accordance with federal law. Woo hoo and victory!!!! But at the same time, this has cost me thousans of dollars in legal costs, travel trips to MASS, etc, and I still can't buy another handgun until the six months is up and MASS doesn't have to return mine until the six months is up, so I have no handgun and can't get another handgun. Did they beat me? Well.... I'm not convicted. But I still lost my right to the 2nd ammendment, EVEN THOUGH I'VE NEVER BEEN CONVICTED. You decide.

If I didn't have a wife and employees, and it was just me, and taking the risk of going to jail would only effect me, and not five other mouths to feed, I would have pushed for trial, just to set the presedencse. But because I am a steward of others, and their provisions, I had to think for them first, and I copped out, and took the easier plea. I'm ashamed on one hand, but happy they couldn't convict on the other.

I pray God Bless and keep you all safe, even if he has to use your guns to do so. Please pray for the Kentucky Kid as he is in a very similiar, and equally unnecessary scenario.

-Quentin Mise
Mize Mobile LLC
 
Glad it worked out. You went through one heck of a lot of hassle and cost when you were essentially doing it right. I think the arresting officer should have listened to his peers and wished you a safe journey and apologized for the inconvenience he caused you.

For the life of me, I can't understand why a MA FOID card would be required for a non-resident who was transporting a firearm through the state? You hear about stuff like this in NJ... getting busted because of loose ammo or some such bs.

I think the government has far better things to occupy their time then trying to prosecute honest people for technicalities. I believe that our president would probably applaud the MA officer for his dilligence when he should probably be fired (or reprimanded). Firearms aren't going to be outlawed in the US any time soon, but if there are so many state and federal laws, honest people will be afraid to even own a firearm in fear that they will break some law without even knowing it.

So what do the criminals do? They do what they always do. They obtain the tools of their trade by whatever means necessary.

I was pulled over for speeding in a small rural town between "here and there"... didn't notice the drop in speed limit at night as it happens way outside what a normal person would think are the city limits. Officer asked if I had been drinking and I responded... Hell no. Nada. He let me off and told me to pay more attention when passing through their town in the future. Not a bad guy really. No, he didn't ask about firearms even though I had my carry gun with me loaded of course.
 
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Qman,

I'm very, very, glad that it worked out for you. I'm sure Kentucky Kid would like to know the details of your story as he is facing a similar situation with transporting through NJ.
 
No, he was also in Massachusetts, and that makes this case even more important to him.

Arrggg, that's what I get for trying to post while on a short coffee break. Thanks for the catch, of course it is all too easy to confuse one totalitarian state for another. :uhoh:
 
Couple Things...

Firstly, Quentin, I am glad you got a judicial decision you can live with... not a slam dunk, but better than the alternative.

Secondly,

But I still lost my right to the 2nd ammendment, EVEN THOUGH I'VE NEVER BEEN CONVICTED.

People must understand that the 2d Amendment at this point in time only applies to the Federal Government, not to any state as it has not been incorporated (it may be, but as of now outside of the 9th Circuit... of which neither MD or MA are a part, it has not.) So you did not lose your right to the 2d amendment because there was no federal deprivation.
 
... course it is all too easy to confuse one totalitarian state for another.

Ah yes, that's very true. I think if the founding fathers knew how they were going to turn out they would have kicked them out of the Union. :mad:
 
Mr. Mise:

I am glad that this ends with a CWOF instead of a conviction, however I do have a few words of caution for you in the future:

- PLEASE read FOPA again before you ever travel anywhere with a firearm!

- The Law is the Law, regardless of how inane it is.

- FOPA REQUIRES that the gun be in a Locked Case . . . a lock thru the action does NOT comply with FOPA. You and I know that a hot butter-knife will cut thru a Glock-box, but it matters not which is more secure, only which meets the legal requirements of the law.

- MA does honor FOPA, however you were in non-compliance.

I know how I would vote on a jury (not guilty) . . . I would give you the benefit of doubt that you were TRYING to be more sensible than the law . . . however it is a crap-shoot as to whether others (in a liberal state) would see it the same way.

You were lucky and G_d was indeed looking over your shoulder in court.
 
Dear CTSigLover, thanks for the clarification. You are correct in that the bill is federal, and its the states that are involved, I only felt that way because I'm not a convicted felon, and can't buy another handgun for 6 months. If I had owned two when mine was taken, then I could still keep the other one. Your clarification is accurate, and I appreciate it, and your support.

Dear LenS, yes, I see your point. We were going to try and prove in trial that the plastic closet that the gun was in when the trip started, (in the cargo area before the accident, and rear door damage) was the case, and the lock on the gun was extra security, and then because the closet was obviously too large for the cab it had to be moved up front behind locking doors without a technical case. It's a play on words either way, they can claim play on words because it wasn't in it's "own" case, and I could claim that I was intending to comply with the intent of the law because I didn't leave it in the back, and therefore unsecured area of the truck. It would have been exciting to watch it play out in court, but alas, I took the plea. You are correct however, and in the future I'll be using the cheap ineffective junky case from Glock, but out of civil responsibilty I am still going to have to use better locks. I'm even considering getting a cheap metal safe for each truck, and using my good lock on an ammo box, so as to transport with the frame in an actual safe, and the bullets in a locked case. But the cheap case from Glock may still be legally better, because it offers an enclosed box to carry the gun from truck to hotel room, or house, etc without being in violation of "concealed carry" law. What do you think is the absolute best and safest legal way?

Thanks again for all of the encouragement!
-Quentin
Romans 10:13
 
MA does honor FOPA, however you were in non-compliance.

I know how I would vote on a jury (not guilty) . . .

Ahh, the time honored practice of jury nullification... we need more gun owners if for no other reason than to increase the likelihood of having one on every petit jury.

Note, there is no quicker way to get out of jury duty than to ask the judge or DA "Can you explain what Jury Nullification is? Judges hate it and will tell you that you as a juror must apply the law, but the state can't punish you for a verdict, and can't inquire as to a jury's deliberative process...

A jury of your peers is sometimes the last bastion of sanity in a world of laws gone mad... just wish more people knew they had this option.
 
Hi guys,
Old thread resurrection here, sorry about that. I contacted the Mass clerks office and my probation, and/or CWOF as they call it, is dropped. I can now go and re-purchase another handgun. I'm trying to reach the evidence officer up there to get my Glock back, now that the case is dropped, but I'm guessing that won't be easy. I foretell that they'll run me around in circles until my Lord returns and the tribulation has started.

Good Luck to you all, remember to read, and RE-READ the transport laws through which you travel, and may all of you have a very, Merry Christmas.

- Quentin Mise
 
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