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Criminal Law > Chap 17 Firearms > Flashcards

Chap 17 Firearms Flashcards

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1
Q

What are the plus factors for carrying a firearm that might make reasonable suspicion of activity

A

Appears under 21
Not using a holster
Brandished or concealed gun
Loading a firearm in public
Ineligible for LTC
Fired gun
Threatened someone
On the street sale
Gun typically used in crime (sawd shtgn
Gun connected with crime
Impaired
Threat to public safety

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2
Q

Whose burden is the proof that someone has a valid license to carry?

A

The suspect

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3
Q

What is the difference between an identification card and license to carry?

A

FID allows possession of rifles and shotguns in public

LTC same but also permit to carry a firearm (handgun) in public

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4
Q

What disqualifies an applicant from being eligible for an LTC?

A

Massachusetts criminal conviction of any felony or misdemeanor punishable by more than two years, or concerning weapons or drug possession (may possibly apply for FID depending on the crime after five years, but never an LTC)

Out of state or federal criminal conviction

Court ordered commitment

Protection order

Dishonorable discharge

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5
Q

How long is an LTC or an FID good for after it has been applied for renewal (before the expiration date)?

A

Until it is approved or denied by the licensing authority

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6
Q

How long does an LTC for an FID remain valid for active duty military after discharge even if they did not apply for renewal?

A

License remains valid for 180 days

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7
Q

What must you do for a change of address if you hold an LTC or FID?

A

Within 30 days of moving and send notice by certified mail to

Original licensing Authority

Authority in the new community

Department of criminal Justice information services

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8
Q

What is the punishment/ROA for someone who failed to notify an address change for their LTC?

A

Civil fine only , confiscate the license and guns and notify the licensing authority

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9
Q

If an LTC is revoked / suspended must the surrender and confiscation of the license and fire arms immediate?

A

No. The licensing authority decides if they want immediate surrender of guns or if they want to delay confiscation while appeals are pending in the district.

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10
Q

If you go to a house to seize guns, does that alone give you the authority to enter a home?

A

No. You still need a warrant, consent or exigency

(Recommended to order people to remain outside while the home is secured and apply for a search warrant if you don’t have the above)

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11
Q

If a defendant possessed an illegal rifle went home and then went back outside with it , how many counts of unlawful possession?

A

Two

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12
Q

What do you need for proof of constructive possession of a firearm ?

A

Suspect knew about the gun

Intended to possesses it

And had the ability to physically control it

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13
Q

Are you guilty of unlawful possession of a firearm if your codefendant did not have an LTC but you did?

A

Yes

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14
Q

What are the six ways to prove a working firearm , rifle or shotgun

A

Ballistic testimony

Defendant observed firing gun

Witness testimony was operational

Recovered gun has a spent cartridge

Police expert dry fired gun

Arrested officer fired gun

Owner testified he fired gun

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15
Q

Is a gun still considered operational if it can be easily fixed to fire?

A

Yes

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16
Q

What is defined as large capacity for a firearm and shotgun?

A

More than 10 bullwts

More than 5 shotgun shells

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17
Q

Can citizens with an FID card only own a gun?

A

Yes as long as it is only kept in their home or their own business

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18
Q

Firearm

A

Pistol or other weapon loaded or unloaded

That can discharge a shot or bullet

Has a barrel or barrels less than 16 inches in length or 18 inches for a shotgun as originally manufactured

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19
Q

Large capacity firearm

A

Semi automatic

Capable of or readily modified to accept any detachable large capacity, feeding device for more than 10 rounds of ammunition

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20
Q

Rifle

A

A rifle bore and barrel length equal to or greater than 16 inches, capable of discharging a shot or bullet for each pull of the trigger

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21
Q

Shotgun

A

Smooth bore and barrel length equal to or greater than 18 inches, with an overall length equal to or greater than 26 inches, capable of discharging a shot for each pull of the trigger

22
Q

Large capacity rifle

A

Semi automatic

Capable of accepting any large capacity, feeding device of more than 10 rounds

LTC only

23
Q

Large capacity shotgun

A

Semi automatic

Capable of accepting any large capacity, feeding device of more than five rounds

LTC only

24
Q

Sawed off shotgun

A

A modified shotgun with more one or more barrels less than 18 inches long or overall length of less than 26 inches

No justification for license for possession

25
Q

Machine gun

A

Any weapon loaded, or unloaded, from which a number of bullets may be automatically discharged by one trigger activation

Machine gun license only

26
Q

Bump stock

A

Any device for a weapon that increases the rate of fire achievable by using the energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger

No justification or license for possession

27
Q

Trigger crank

A

Any device to be attached to a weapon that repeatedly activates the trigger of the weapon through the use of a lever or other part that is turned in a circular motion does not include any weapon initially designed and manufactured to fire through the use of a crank or lever

No license or justification

28
Q

Covert weapon

A

Any weapon capable of discharging a shot in a shape that does not resemble a handgun, rifle or shotgun or is not detectable by x-ray machines or metal detectors as a weapon

No justification for license for possession

29
Q

Stun gun

A

Firearm under definition. Defined as a portable device or weapon, regardless of whether it passes an electrical shock by means of a dart or projectile via a wire lead from which an electrical current impulse wave or beam is designed to incapacitate temporarily injure or kill.

Any citizen who possesses a stun gun without an LTC commit unlawful possession of a firearm

Felony still

Do not have to take a firearm safety course to own one

30
Q

BB air or CO2 gun

A

Weapon that expels a light projectile by means of a pneumatic power or pressurized gas

Confiscate and complaint

In public : person 18 and over, may possess without any license, but a minor under 18 must either be accompanied by an adult or have a sporting license and permit
No one may discharge over public way

In private, no licenses required but no discharge

31
Q

Large capacity feeding device

A

Fixer, detachable magazine box, drum feed, strip or device capable of accepting or readily converted to accept more than 10 rounds of ammunition or more than five shotgun shells

LTC in public
LTC or F ID with permit for home or business

32
Q

Silencer

A

Any instrument attached for causing the fire noise going to be silenced or muffled?

Felony

Only federal firearms manufacturers and training can possess

33
Q

ammunition

A

Cartridges or cases primer bullets are propelled powder

Warrantless arrested on PC

Public home business LTC fid

34
Q

Self-defense spray

A

Anyone 18 and over may purchase and possess no license required

Exemptions :
Citizens disqualified from receiving an FID
Citizens 1516 or 17 may have it with a valid FI ID card (need parental permission)

Complaint

35
Q

Transfer firearms to an heir

A

180 day grace period and you must obtain the ID or LTC

36
Q

Is there a crime if you’re under 15 and someone takes you hunting or target shooting that has a valid FI ID or LTC?

A

No

37
Q

What is the antique firearm exemption?

A

Gun must be manufactured before 1900

You still need an F ID or more for ammunition

38
Q

Can you travel state to state with guns?

A

You can transport through states, but you must be licensed in both state of origin and destination, and the firearm must not be accessible during transport 

39
Q

What are exemptions for non-resident possession of rifle, shotguns and ammunition

A

Meet the requirements where he lives

Valid nonresident hunting license during hunting season

Or be at a shooting range

Traveling in or through mass with his guns, unloaded and closed in a container

Be at a fire, arms on display organized by existing gun collectors club

40
Q

If you have a green card, can you apply for a LTC or FID?

A

Yes, but if you are an alien, you cannot
Green card holders are considered residents

41
Q

If you are a new resident, you may possess but not carry in public firearms and ammunition for how long?

A

60 days

60 days if you’ve moved as well to switch over

42
Q

Can an alien get an F ID card

A

The colonel may issue one for a rifle or shotgun

Aliens and nonresidence can receive an LTC for a fire armed competition for one year 

43
Q

Carrying a gun on campus

A

Anyone who is not law-enforcement, may not carry a loaded or unloaded gun without written authorization

Warrantless arrest in presents

Also forbids other dangerous weapons but that is a complaint

44
Q

Carrying a firearm while under the influence of liquor

A

Arrest for breach of peace and presence or complaint

Consumption must diminish suspects ability to carry safely

45
Q

Discharging a firearm within 500 feet of a dwelling or building a use

A

Confiscate and complaint

46
Q

Dis charging a firearm on or near a highway

A

May not discharge any firearm or release an arrow across or within 150 feet of any highway

Warrantless, arrest, in presence

47
Q

LTC restrictions for guns in the motor vehicle

A

If a firearm is loaded, it must be under direct control

No large capacity, rifle or shotgun in the vehicle, unless unloaded and unlocked trunk or secure container

Confiscate and complaint

48
Q

Possession of a gun with de faced serial number

A

May not remove deface or alter in any manner or receive a gun with an knowledge of a serial number deaf faced

Confiscate and complaint

If defaced during a felony -this charge becomes a felony

49
Q

Improper storage of large capacity gun or of any gun if someone under 18 has potential access

A

Felony

50
Q

Improper storage of non-large capacity, gun or any stun gun

A

Confiscate and complaint

51
Q

What is the minimum amount of firearms to be considered gun trafficking?

A

One

Criminal Law (22 decks)

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