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Crim Law Other > Ch. 17 Firearms > Flashcards

Ch. 17 Firearms Flashcards

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1
Q

What do MA residents need an LTC for?

A

Handguns

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2
Q

What do MA residents need a FID for?

A

Rifles and shotguns

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3
Q

Citizens have the responsibility to provide __________ proof that they are in lawful possession of the weapon at the scene

A

Sufficient

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4
Q

Is a description about a persons race and gender, without more, adequate for reasonable suspicion when responding to a report of a person waving a gun?

A

No

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5
Q

Is a report of someone carrying a firearm, without more, reasonable suspicion of criminal activity?

A

No

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6
Q

Aside from a report of someone carrying a firearm, officers must have atleast one other reason why the suspect probably possesses the gun unlawfully. This is called:

A

Plus factor

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7
Q

A tip about a suspect possessing a firearm, that appears under _____ years old, supports a stop and frisk

A

21

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8
Q

“Plus factors” in addition to possessing a firearm include (13):

A

Appear under 21
Not using a holster
Brandished or concealed
Loading in public
Provocative public display
Ineligible for LTC
fired gun
Threatened someone
On-street sale
Gun typically used in crime
Gun connected with crime
Impaired
Threat to public safety

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9
Q

Is using a holster required by law?

A

No, but licensed owners typically carry their firearms in a holster

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10
Q

Is someone holding a gun while standing on a deserted street at night reasonable suspicion to stop

A

Yes

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11
Q

Is report of someone with a gun, holding their wasteband, reasonable suspicion for stop?

A

Yes

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12
Q

An unidentified woman called police with a panicked voice, describing a suspect with “long dreads about to shoot someone”. Does this provide reasonable suspicion of criminal activity?

A

Yes. Possession plus immediate threat

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13
Q

Does report of two men at night engaging in on-street sale provide RS of criminal activity?

A

Yes

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14
Q

Can a person be stopped just because they are carrying a firearm that is typically used in crime?

A

Yes, example an assault rifle

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15
Q

An anonymous note identified a man on a bus with a bag containing narcotics. Why does this create reasonable suspicion of a crime?

A

Because it includes possession of a firearm, connected with another crime (narcotics)

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16
Q

If a person does not produce their LTC or FID when an officer demands, they may be required to surrender their firearm, rifle or shotgun to that officer to be taken. The weapon will be returned ___________ with _____ days of the person presenting their proper license

A

Forthwith, 30 days

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17
Q

Is Miranda required when demanding a suspect produce a license?

A

No

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18
Q

Is a lack of gun knowledge a legitimate defense for not having the proper license?

A

No

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19
Q

In MA what does an FID allow?

A

Possession of rifles and shotguns in public

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20
Q

In MA what does an LTC allow?

A

The same as an FID but also permits carrying a firearm (handgun) in public

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21
Q

FIDs and LTCs are issued in MA by a:

A

City or town licensing authority

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22
Q

An applicant must be atleast ___years old to receive an FID

A

15

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23
Q

An applicant must be atleast ___years old to receive an LTC

A

21

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24
Q

Can the LA (licensing authority) consider whether an applicant has a proper purpose for carrying when deciding whether to issue license

A

No. If applicant qualifies for gun license, 2nd amendment permits them to carry for self-defense

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25
Q

An applicants fingerprints are sent to the ______________ to check state and federal records

A

State police colonel

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26
Q

What criminal convictions in MA disqualify someone from obtaining a gun license (3):

A

Felony
Misdemeanor punishable by more than 2 years in HOC
Convictions concerning weapon or drug possession

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27
Q

An applicant for an FID who was convicted of certain listed crimes may receive an FID ___ years after the end of the sentence

A

5 years

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28
Q

An applicant for an LTC who was convicted of certain listed crimes may receive an LTC ___ years after the end of the sentence

A

None. LTC applicant is permanently barred by all convictions

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29
Q

Prohibited persons ineligible for license include (5):

A

MA criminal convictions
Out of state/federal criminal conviction
Court-ordered commitment
Protection order
Dishonorable discharge

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30
Q

A person is ineligible of obtaining a license as if they were convicted of a crime in another state or federal court, that is __________ to the disqualifying crimes in MA

A

Similar

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31
Q

A person is ineligible for a license if they have ever been the subject of a court ordered commitment to a hospital or institution due to (3):

A

Mental illness
Alcohol or substance abuse disorder
Currently the subject of a guardianship or conservatorship

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32
Q

When does a protection order (209A, HPO, extreme risk order, or similar out of state order prohibit someone from getting a license?

A

If the order is active

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33
Q

What disqualifying factor prevents someone from obtaining an LTC, but does not prevent them from obtaining an FID

A

HPO

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34
Q

Aside from the listed disqualifying factors, what is the other standard when determining whether someone is eligible for gun license?

A

Suitability

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35
Q

Regarding suitability for an LTC, what does the licensing authority do if there is credible information that an applicant presents a risk of harm to self of others?

A

LA shall deny application

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36
Q

Regarding suitability for an FID, what does the licensing authority do if there is credible information suggesting that an applicant presents a risk of harm to self of others?

A

Licensing authority may only prevent the issuance of an FID by filing a petition in district court

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37
Q

Who is responsible for issuing temporary LTCs to aliens and non-residents? What are the standards?

A

State police colonel
Standards are the same

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38
Q

When do FID/LTC expire?

A

On the date shown

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39
Q

If a license holder applied to renew their license ______ the expiration date, their license will stay active until it is approved or denied

A

Before

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40
Q

For active duty military, their license remains valid for ______ days after discharge, even if they did not reply for a renewal

A

180

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41
Q

If a license holder is found with an expired license and did not apply for a renewal, but is still qualified for their LTC or FID, what is the strongest police action?

A

Officers may only confiscate the expired license and guns, and seek civil fine NLT $100 NMT $5000

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42
Q

If a person is found with an expired LTC or FID, when can they be arrested for unlawful possession (2):

A

Currently disqualified from receiving license (whether or not they applied to renew)
Renewal application already denied orally or in writing

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43
Q

When determining if a person qualifies for the renewal exemption, is the burden on the license holder or police?

A

Burden on license holder to show they qualify

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44
Q

Is producing an expired license enough to show that person qualifies for the renewal exemption?

A

No

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45
Q

The ___________ exemption only applies to guns, not ammunition or large capacity feeding devices

A

Renewal exemption

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46
Q

License holders within _____ days of moving, must send notice

A

30 days

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47
Q

Who must license holders notify of an address change (3)

A

Original licensing authority
Authority in new community
DCJIS

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48
Q

Anyone with an LTC or FID that is invalid for the sole reason that they failed to notify authorities about an address change, is subject to what penalties?

A

Civil fine only

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49
Q

What should officers do to anyone found with an LTC or FID that is invalid for the sole reason that they failed to notify authorities about an address change?

A

Confiscate any license and guns
Notify LA

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50
Q

What is the Massachusetts Instant Records Check System used for?

A

The way a LA may use to suspend/revoke a license

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51
Q

What does LA have to decide when decision is made to suspend/revoke license

A

Whether to:
-Require immediate surrender of license, firearms and ammunition
-delay confiscation

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52
Q

If licensing authority decides to require immediate surrender of license, firearms and ammunition, the items must be surrender to police ________. Failure to do so is a crime

A

Without delay

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53
Q

If LA decides to suspend/revoke license and require immediate surrender, does it matter if the license holder is planning to appeal

A

No

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54
Q

If LA decides to delay confiscation, when is the delay until?

A

Can keep their guns while their appeals are pending in district court

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55
Q

If LA decides to suspend a license due to domestic violence allegations made to DCF, can police enter the residence to confiscate guns without consent or warrant

A

No. There is no exigency. Police could order the couple to remain outside while police secured the home and applied for a search warrant

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56
Q

Once licensing authority notifies license holder of their suspension/revocation, do police then have legal authority to enter house

A

No. Need consent or a search warrant

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57
Q

What is another name for the Extreme Risk Protection Order?

A

Red flag law

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58
Q

What is more officiant than using the Extreme Risk Protection Order?

A

An administrative suspension

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59
Q

When police collect rifles, shotguns and firearms from people no longer permitted to possess them, the weapons may be turned over to:

A

A licensed firearms dealer operating a bonded warehouse

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60
Q

After a firearm has been transferred to a a licensed storage company, what happens if it is returned, bought or transferred or sold?

A

The person taking it may have to pay storage fees

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61
Q

For constructive possession, there must be proof that the suspect ____ about the gun, _______ to possess it, and had the physical ability to ______ it

A

Knew, intended, control

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62
Q

Does a suspect have to exercise exclusive control over a gun to be charged with unlawfully possessing it?

A

No

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63
Q

Is a ballistics certificate by itself sufficient to prove that gun is operational?

A

No

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64
Q

Most persuasive way to prove a “working firearm, rifle or shotgun

A

Ballistics testimony

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65
Q

6 ways to prove a “working” firearm, rifle or shotgun

A

Ballistics testimony
Defendant observed firing gun
Witness testimony
Recovered gun has “spent” cartridge
Police expert dry fires
Arresting officer fired gun
Owner testified he fired gun

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66
Q

Is a claim that dealer said gun worked sufficient to prove it’s a “working” gun

A

No

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67
Q

If arresting officer is going to fire gun to prove it’s working, what must be done first?

A

Gun must be examined by a certified ballistician first

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68
Q

Defendants jammed gun had a broken firing pin and missing extractor, but the pin could easily be repaired and lack of extractor only meant the gun had to fire one bullet at a time. Is this sufficient to be a “working” firearm?

A

Yes, gun is still operational if it can be easily fixed to fire

69
Q

Does defendant have to know that the gun worked?

A

No. Defendant just has to know it’s a firearm

70
Q

For a loaded firearm, what are the two ways to charge?

A

Gun, feeding device and ammunition as three separate charges or;
One enhanced penalty charge for loaded gun

71
Q

To be considered loaded, ammunition must be:

A

Inside weapon or an attached feeding device

72
Q

The sentence for unlawful possession of a loaded firearm, sawed-off shotgun or machine gun must be served ___________ the underlying possession offense

A

“From and after”

73
Q

The enhanced penalty of unlawful possession of a loaded firearm, sawed-off shotgun or machine gun does NOT apply to which unlawful possession offense?

A

Gun in home without FID card

74
Q

Officers may not charge possession of loaded firearm AND possession of ammunition if:

A

If all the ammo was loaded in the gun. It would be double jeopardy

75
Q

Best proof to show that defendant knew his gun was loaded

A

Statements in response to police questions

76
Q

Ways to show defendant knew gun was loaded (7):

A

Obviously loaded if ammo can be seen
Fingerprints on loaded mag
Firearm was carried on person
Firearm “ready for use”
Firearm used as a weapon
Statements show knowledge of guns
Statements in response to police questioning

77
Q

If firearm is found in someone’s waistband tied in a sock, does is prove defendants knowledge it was loaded

A

No

78
Q

Defendant slept in a park with firearm tucked in his armpit. Does this prove knowledge that it was loaded?

A

Yes

79
Q

Defendant issued threats that mentioned his firearm, does this prove knowledge that it was loaded?

A

Yes

80
Q

“Cartridges or cartridge cases, primers, billets or propellant powder designed for use in any firearm, rifle or shotgun” is definition of what

A

Ammunition

81
Q

Do you have to prove ammunition was capable of being fired?

A

No. Only need to show ammo was “designed for use”

82
Q

Is expert testimony about ammo being “designed for use” necessary?

A

No. Officers testimony about bullets is sufficient

83
Q

During a search warrant police discovered three spent shell casings and a holster. No guns or bullets were found. Is this sufficient to charge possession of ammo

A

Yes

84
Q

When is it not appropriate to charge people for possession spent shell casings?

A

Shell casings possessed for innocent purposes, such as for souvenirs or for the resale as scrap metal

85
Q

Do you need to prove defendant knew gun or feeding device was “large capacity”

A

Yes

86
Q

Definition of large capacity

A

Capable of holding more than 10 bullets or more than 5 shotgun shells

87
Q

Who is the burden on when proving defendant did not have a valid gun license

A

Burden is on police to prove defendant did not have valid license

88
Q

The SJC changed to rule about burden of gun license proof because they deemed carrying a firearm in public is protected by:

A

Second amendment

89
Q

How many gun cases went through district court in 2022? Superior court?

A

6,000 district
2400 superior

90
Q

As soon as you have probable cause to arrest for unlawful possession, you may search for a gun license search incident to arrest. Where can you look?

A

Suspects pockets, wallet, and bags in placed where license might be stored. Any evidence located while conducting this search will be admissible under plain view doctrine

91
Q

Properly authenticated firearms licensing records are admissible in court under:

A

“Official records” exemption to the hearsay rule

92
Q

Police fingerprint cards are admissible under:

A

Business records exemption

93
Q

Citizens are required to have atleast a ______ to possess a firearm, rifle or shotgun in their home or business

A

FID

94
Q

A gun dealer may sell a firearm to a person with just an FID and a permit to purchase, provided that the dealer:

A

Delivered the firearm to the purchaser’s home or business

95
Q

For possession of a gun in home or business, home includes:

A

All areas which defendant has exclusive control

96
Q

Regarding possession of gun in a home, does backyard of single family home count?

A

Yes

97
Q

Defendant stayed at girlfriends home occasionally and they have a child in common. Defendants gun is located in girlfriend’s apartment. Does this qualify for home exemption?

A

No

98
Q

Can landlord of a three-family home claim it as his “place of business” and carry a firearm into his tenants apartment?

A

No

99
Q

Firearm that’s incapable of discharging a bullet or shot

A

Imitation firearm-exempt to licensing

100
Q

Is signaling gun or industrial gun (used exclusively for signaling or firing stud cartridges, rivets or industrial ammo) exempt from gun licensing?

A

Yes

101
Q

Does flare gun require a license?

A

No

102
Q

Are federal firearms dealers exempt from gun license when necessary for manufacture, display, storage transport, installation, inspection or testing?

A

Yes

103
Q

People under 15 years old and under immediate supervision are exempt from gun license for hunting or target shooting. Person providing immediate supervision must:

A

Have FID or LTC, or member of the military while in performance of duty

104
Q

Gun license exemption for film, tv, or stage production if under immediate supervision by:

A

FID or LTC holder

105
Q

Gun license exemptions for temporary instruction, examination of firing if in the presence of:

A

LTC holder for firearms
FID holder for rifles and shotguns

106
Q

Gun license for transfer to heir had a ____ day grace period

A

180 days

107
Q

US military and police are exempt from gun license in any jurisdiction, in the performance of their official duty or when __________

A

Duly authorized

108
Q

Is gun license required for residents and nonresidents carrying or possessing black powder rifles, shotguns or ammunition

A

No

109
Q

Do official veterans organizations and their members need gun licenses during official parades and ceremonies?

A

No

110
Q

Museums and institutional collections open to the public are exempt from gun licenses, provided guns are (2):

A

Unloaded and secured from unauthorized handling

111
Q

Is gun license required for bank collateral for a secured transaction or following a default on a commercial transaction?

A

No

112
Q

The antique exemption holds that citizens are exempt for guns _________before ______

A

Manufactured before 1900

113
Q

If citizen with no license is in possession of antique firearm manufactured before 1900, that is loaded, what action can you take?

A

Arrest for unlawful possession of ammo

114
Q

If citizen is in possession of a potential antique firearm and either has FID or there’s no ammo in gun or on their person, officers should:

A

Seize gun as evidence and avoid making arrest
If gun turns out to be improperly possessed, apply for complaint
If gun turns out to be antique, return it

115
Q

What permits the transfer of any large capacity firearm, rifle, shotgun or large capacity feeding device to someone not in possession of LTC

A

Nothing! No exemptions

116
Q

Federal law allows person to transport firearm or ammo through various states, provided that:

A

Traveler is licensed to carry firearm in both state of origin and state of destination
Additionally firearm must not be accessible during transport

117
Q

Any loss, theft, or recovery of any firearms, rifle, shotgun or machine gun must be reported _______ to _____

A

Forthwith
To cjis and licensing authority

118
Q

Failure to report loss of theft of gun shall result in (2):

A

Suspension or permanent revocation of license and a fine

119
Q

Right of arrest for failure to report loss of theft of gun

A

Complaint

120
Q

Right of arrest for possession of a forged or altered firearms license

A

Felony

121
Q

6 exemptions for nonresident possession of rifles, shotguns or ammo in mass

A

Meet requirements in state he lives
Have valid nonresident hunting license during hunting season
Be at shooting range
Traveling through mass with guns unloaded and enclosed in container
Firearms display
18 or older when acquiring a rifle or shotgun from licensed dealer

122
Q

For the purpose of firearms law, lawful permanent residents (aka green card holders) are considered ______ not aliens

A

Mass residents. They are eligible to apply for LTC and FID

123
Q

Any new resident or any resident absent from the state for NLT 180 days, or any resident released from active service in military, may posses but not carry in public, firearms, rifles, shotguns and ammo for ____ days

A

60 days

124
Q

The 60 day grace period for new residents does not apply to what type of gun?

A

Large capacity gun

125
Q

New resident has been living in MA for more than 60 days, but holds an active gun license in New Hampshire. What’s the police action

A

Unlawful possession of firearm

126
Q

A nonresident may carry a handgun in or through MA in order to take part in competition, exhibition, collectors meeting or hunting excursion, provided that he:

A

Is US resident
Has valid LTC from another state
If he intends to hunt, has license issued by place where he intends to hunt

127
Q

Can nonresident law enforcement officers carry firearms in MA

A

yes. Properly licensed officers and retired officers can carry concealed in all 50 states

128
Q

Are temporary FID for rifles and shotguns available for nonresidents?

A

No

129
Q

Who may issue an FID to an alien for a rifle or shotgun?

A

Colonel of state police. Colonel must notify chief where alien resides

130
Q

Can temporary LTC be issued to aliens and nonresidents?

A

Yes by colonel

131
Q

An alien or nonresident with temporary LTC use the temporary license to purchase guns?

A

No

132
Q

Aliens and nonresidents may receive an LTC for firearms competition for _____

A

1 year

133
Q

Only nonresidents (not aliens) may receive LTC for employment for up to ______

A

2 years

134
Q

NONRESIDENT Right of arrest for unlawful possession of firearm, rifle, shotgun or large capacity gun or feeding device

A

Felony

135
Q

NONRESIDENT Right if arrest for unlawful possession of ammunition (including pepper spray)

A

Arrest on PC

136
Q

NONRESIDENT Right of arrest for pepper spray

A

Arrest on PC

137
Q

NONRESIDENT Right of arrest for violation of conditions or expiration of gun license;

A

Confiscate license and seek administrative revocation through colonel

138
Q

ALIEN VIOLATION right of arrest for unlawful possession of rifle, shotgun or ammo

A

Arrest in presence

139
Q

ALIEN VIOLATION right of arrest for unlawful possession of firearm, large capacity gun or feeding device

A

Felony

140
Q

Right of arrest non law enforcement officers carrying gun on campus

A

Warrantless arrest in presence
(Includes BB gun, airsoft gun, projectile device)

141
Q

Right of arrest for school administrator or faculty that knowingly fails to report person with gun on campus

A

Complaint

142
Q

Right of arrest carrying firearm while under influence of liquor or drugs

A

In presence or complaint

143
Q

Right of arrest for hunting or target shooting under the influence

A

Warrantless arrest in presence

144
Q

Right of arrest for discharging firearm within 500ft of dwelling or building in use

A

Confiscate and Complaint

145
Q

Right of arrest for discharging firearm on or near highway 150ft

A

Arrest in presence

146
Q

Right of arrest for carrying rifle or shotgun on a public way (loaded or unloaded unless enclosed in a case)

A

Arrest in presence, felony is large capacity

147
Q

Right of arrest for person with LTC that is carrying loaded firearm in vehicle not under their direct control

A

Confiscate and complaint

148
Q

No large capacity rifle or shotgun in vehicle under LTC unless _______ and ______

A

Unloaded and locked in trunk or secure container

149
Q

Right of arrest possession of gun with defaced serial number

A

Confiscate and complaint

150
Q

Is vehicle trunk and passenger compartment secure container?

A

Vehicle trunk yes, pass compartment no

151
Q

Are guns in unlocked closet within locked bedroom secure?

A

No

152
Q

Is gun with trigger lock, stored in igloo cooler secure?

A

Yes

153
Q

What guns are exempt from storage law?

A

Muskets
Guns manufactured before 1900
Any replicas not firing conventional ammo

154
Q

Is the only charge is improper storage, how should guns be seized?

A

With a warrant, not forfeited

155
Q

Do police officers have to secure guns?

A

Yes

156
Q

Pistols without trigger locks were stolen by visitor in dealers storage room. Should dealer be prosecuted?

A

Yes, improper storage

157
Q

Right of arrest improper storage of not large capacity gun

A

Confiscate and complaint

158
Q

Right of arrest improper storage of stun gun

A

Confiscate and complaint

159
Q

Right of arrest improper storage of large capacity gun

A

Felony

160
Q

Right of arrest if improper storage of any gun if someone under 18 has potential access

A

Felony

161
Q

Is exchanging drugs for gun sufficient for commission of felony while armed

A

Yes

162
Q

Right of arrest for wearing body armor during felony

A

Felony

163
Q

“Any protective covering designed to prevent or deflect penetration by ammo, knives or other weapons” is:

A

Body armor

164
Q

Right of arrest use of tear gas to commit a crime

A

Felony

165
Q

For all violations of B&E to steal firearm, what must be forfeited

A

Felony, and vehicle forfeiture for public safety training fund

166
Q

Right of arrest Illegally transporting gun to MA for purpose of committing crime

A

Felony

167
Q

Gun trafficking elements:
1.Within period of_____
2. Unlawfully & _______
3. Transfer ___________ of
4. Atleast ___ handgun, rifle, shotgun or machine gun

A

12 months
Unlawfully and intentionally
Transfer possession
Atleast 1 gun

168
Q

Can law enforcement officers possess assault weapons without authorization from their department

A

Yes

169
Q

Right of arrest for leaving unattended firearm, rifle, shotgun or ammo for an unlicensed person to commit a crime, referred to as:

A

“Community gun”
Felony

Crim Law Other (26 decks)

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