Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CRIM 2024 > Chapter 17- Firearms > Flashcards

Chapter 17- Firearms Flashcards

1
Q

Who has the burden of proof to show they’re allowed to carry a firearm

A

The citizen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Black guy waiving a guy in in the street, Officer drives up and sees 4 people talking, frisks and finds gun

A

No good- bad description

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is a report of someone carrying a gun by itself RS

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Plus factors that indicate unlawful possession

A

-appear under 21
- brandished or displayed (waistband)
- loading in Public
- provocative display
- ineligible based on BOP
- fired gun
- threaten someone
- sale of Gun
- gun commonly used in crime
- gun in connection with a crime
- impaired
- threat to public safety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Security guard walking around with full duty belt on and rifle on her back near elementary school

A

Good plus factor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

unidentified callers panicked voice is description saying someones going to shoot someone

A

Good plus factor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Report of a sawed off shot gun

A

good plus factor usually used in a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Carrying a gun in a residential neighborhood and yelling at someone

A

good - public safety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Consequence for refusal to provide LTC on demand

A

Confiscate and return within 30 days of proof of license

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What do you need to have to possess a rifle, shotgun, or handgun in public

A

LTC (test question)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What do you need if you only want to have a rifle or shotgun in public

A

FID Card

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Minimum age to apply for LTC —- FID

A

21 LTC

15 FID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Ineligible people for LTC and FID - MA criminal convictions

A
  • FELONY OR MISDE punishable by more than 2 years HOC or
  • involving weapons or drugs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Ineligible reasons for LTC/FID

A

MA Convictions

Court Ordered Commitments

Protection orders

Dishonorable Discharge from military

Not Suitable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What applies under court order commitments

A

Mental Health, Alcohol, Drugs, Guardianship, conservatorship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Is having an HPO a disqualifier for FID

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How many years after convictions can you apply for a LTC again, FID

A

LTC - Permanent Ban

FID - 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

For a suitability claim, what makes you ineligible for LTC

A

credible info of risk to harm others or self

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Suitability claim what makes you ineligible for FID

A

Risk to self or others, must be petitioned through court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Who issues LTC to Aliens and non residents

A

State Police Colonel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When does an LTC/FID expire and what is the strongest action for expired

A

on the date shown - civil fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

If you applied for a renewal before it expired when does it expire

A

still good until approved or denied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How long do those in the military have to renew an expired LTC after discharge

A

180 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

If person is disqualified or denied to have an LTC and is carrying on expired what is strongest action

A

Arrest Unlawful possession of firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The exemptions for expired LTC do not apply to

A

Ammo or large capacity feeding devices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

How long do you have to update your address change

A

30 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When confiscating guns administratively what do you need to enter house

A

Warrant, consent, Exigency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is more efficient way to revoke a license , red flag law or suspension by admin

A

suspension by admin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Guns that are confiscated by police should be stored where

A

licensed storage company

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

CL- suspect confronted victim on the street then returned home with rifle then went back outside again - how many counts

A

two

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Proof of Constructive Possession

A

Suspect KNEW about the gun
INTENDED to possess it
Had the ABILITY to possess

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

CL- attempted MV stop and person flees, stopped down the street with window down, check of area found gun in a yard -

A

Good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

CL- fugitive broke into neighbors apartment to run away from police, gun found in children’s ball, empty holster in suspects house fit gun

A

Good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

CL- gun in locked glove compartment next to personal letters and suspect had the key

A

Good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

CL- suspect walking away from stop stating, “i cant go to jail”, gun found where he was sitting-

A

good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

CL- report of shots fired, arrive within 40 seconds, see gorup huddled behind a fence, find gun in a barrel by the fence that are hot and dry

A

good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

CL- 2020- constructive possession through social media - snapchat video of suspect with a gun led to SW -

A

Good constructive possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

CL- Mv stop and female driver arrested for OUI, inventory finds gun in a folded up sweatshirt, bigger sweatshirt than female could wear, charged front seat passenger with gun-

A

No good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

CL- 2023 - IMPORTANT - homicide victim in the street shot in the head, evidence showed a suspect was connected to murder, unrelated arrest warrant at the house shows, room was rented to 6 to 7 other people as well as the suspect, they found the gun in the closet and ammo in girlfriend’s purse -

A

GOOD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

CL- six firearms in defendant’s bedroom along with his SS card and expired license, even though owner of house had LTC

A

Good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

CL- incarcerated defendant possessed gun hidden at fathers house- good but why

A

his controlled it through his father who was his agent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

CL- robbery where person was shot, suspect did not have an LTC - is the accomplice guilty also?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Suspect was served a restraining order and not at the house for a year, gun found unlocked at his house

A

No good but was good for 209A violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Proof of a working firearm

A

Ballistics expert Testimony

Defendant observed firing the gun

Witness observes gun being fired

Recovery of a spent cartridge with gun

Police expert dry fires the gun

Arresting officer fires the gun

Owner states he fired the gun

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

what is the most persuasive way to show a working firearm

A

Ballistics expert testimony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Is testifying about Guns appearance and the fact that it appears to have the parts of a working firearm sufficient

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Is a ballistics certificate considered good

A

NOOOO NOT GOOD ANYMORE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Is a gun considered working if the firing pin is damaged but can be easily repaired

A

Yes

49
Q

When determining if a gun is operable what is important to consider

A

was it operable at the time of the crime- throwing firearm from a car then having it break was still good

50
Q

Do you need to prove that the suspect knew the gun could fire

A

no

51
Q

What is important about charging someone with carrying a loaded firearm

A

They must KNOW its loaded

52
Q

Can you charge someone with loaded firearm, possession of gun, and ammo

A

no, one or the other

53
Q

Ways to prove that the suspect knew the gun was loaded

A

Ammunition can be seen inside the gun

Fingerprints on a loaded mag

Carried on the person and ready for immediate use (in waistband in a sock does not show knowingly loaded)

Ready for use (issuing threats of use)

Used as a weapon

Statements of knowledge

54
Q

What is the best way to prove knowledge of loaded gun

A

Statements in response to police questioning

55
Q

Definition of Ammunition

A

Cartridges, cartridge case, primers, bullets, propellant, powder used in any firearm

56
Q

What do you need to show in regards to Ammunition

A

that it is designed for USE not that it can be fired

57
Q

Does an empty shell casing qualify as ammunition

A

yes unless its souvenir or for resale as scrap metal etc

58
Q

What do you need to prove to charge someone with large capacity

A

KNOWLEDGE of large capacity

59
Q

Is it sufficient proof of knowledge that a gun has a large capacity mag in it even if it is not large

A

no

60
Q

what is sufficient proof of knowledge for large capacity

A

Purchasing the gun, length of ownership, firing the gun, loading of magazines, noticeable bigger mags

61
Q

Large Capacity Rifle/Firearm ammo

A

MORE than 10 bullets

62
Q

Large Capacity Shotgun

A

MORE than 5 shells

63
Q

Do police have to prove that a defendant does not have a LTC

A

YES- new 2023

64
Q

Methods of proof to show no LTC

A

-Demand it
-SIA for the LTC/FID
- Following miranda ask for it

65
Q

To have a firearm, rifle, or shotgun in your home what do you need

A

FID

66
Q

To have a Firearm, Rifle, Shotgun at YOUR BUSINESS (not your workplace) what do you need

A

FID

67
Q

Can someone sell another person a firearm if the the buyer only has an FID card

A

Yes, just have to deliver it to their home

68
Q

does occasionally staying at GF house count as your residence for FID

A

no

69
Q

Examples of time you dont need an LTC/FID to possession a firearm

A

Imitation Firearm

Signal/flare gun

Federal Dealer

Voluntarily surrendering a gun

Ordinary Shipping

Target Concessions at a dealer

70
Q

Continued

A

Under 15 during immediate supervision of someone with LTC/FID while hunting, target shooting or with someone in military during duty

Film/Tv if supervisor has LTC/FID

Transfer to heir

Military or police in official duty

Black powder guns, ammo etc

Veterans org during parade

museum

Bank collateral

71
Q

If you are voluntarily surrendering a gun how do you need to notify before

A

In writing

72
Q

How many days to transfer to heir

A

180

73
Q

Special Exemption - any guns MANUFACTURED before ——–, does not apply to _________

A

1900 - ammo or large capacity

74
Q

What is the federal exemption for transporting firearms through states

A

if you are traveling through and have LTC in both state of origin and destination youre good

75
Q

Loss of Firearm failure to report ROA - who do you report to

A

Complaint - immediately to CJIS and licensing agency

76
Q

Possession of altered or forged firearm ROA

A

Felony

77
Q

Non resident to possess rifle, shotgun, or ammo must

A

Meet requirements of state they live in OR
Have non resident hunting licenses OR
Be at shooting range OR
Be traveling THROUGH MA with guns unloaded and enclosed in container (only a suitable container not gun case)
Be at a firearms display by organized gun club
Be 18 or older when acquiring rifle or shotgun from licensed dealer

78
Q

No exemptions for aliens - GREEN CARD HOLDERS ARE RESIDENTS NOT ALIENS

A

that’s true kid

79
Q

How long do new residents of MA have to get a MA LTC

A

60 days

80
Q

Resident absent from the state for NLT ______ has _____ Days to get MA LTC

A

180 days

60 days

81
Q

Resident released from active duty has ____ days to get LTC

A

60 days

82
Q

During the 60 days what are you not allowed to do unless you get the LTC

A

Carry firearms, rifles, or ammo in public, only have in private

83
Q

Is large capacity firearms part of the 60 day rule

A

no

84
Q

If someone has an LTC from another state but has moved to MA and been here for more than 60 days and you catch them with a gun what’s your strongest action

A

Unlawful Possession

85
Q

Exemptions for firearms non resident

A

Properly licensed for exhibition or hunting may carry handgun through ME to take part in a competition, exhibition, collectors meeting, hunting excursion if they
Are US resident
Have LTC from another state
Have hunting license if that’s their purpose

86
Q

What is the law for law enforcement non residents regarding out of state LTC

A

active and retired law enforcement can carry without any restriction

87
Q

Non resident unlawful possession of pepper spray ROA

A

unlawful possession of Ammo - WPC

88
Q

Carrying a gun on campus ROA

A

in presence

89
Q

In order to carry any type of gun on a school grounds or campus what do you need (2)

A

WRITTEN PERMISSION (Test question) or be law enforcement

90
Q

Dangerous Weapon possession on campus ROA

A

Complaint

91
Q

Failure to report dangerous weapon on campus ROA

A

Complaint

92
Q

Carrying a firearm while under the influence of liquor or drugs ROA

A

BOP otherwise complaint

93
Q

Elements of carrying while under influence

A

Carry on person or in MV
LOADED gun
Under influence of drugs or alcohol
Which diminished their ability to carry safely

94
Q

Hunting or Target Shooting under influence -

A

in presence

95
Q

Discharging a firearm within _____ feet of a dwelling or _______ ROA

A

500 Ft - complaint

BUILDING IN USE

96
Q

What is important about the definition a building in use

A

must just be used for something, not actually used at the time - ex- business at 2am no one working is good

97
Q

Does shooting blanks qualify for this crime

A

yes

98
Q

what causes you to be exempt for this crime

A

consent of lawful owner or occupant

99
Q

Discharing a firearm or releasing an arrow within ____Feet of a highway ROA

A

150 Ft - in presence

100
Q

Possess a loaded gun or hunting within _____ feet of a dwelling without consent

A

500 Ft

101
Q

Carrying a Rifle or Shotgun on a public way ROA

A

in presence

102
Q

Carrying a rifle or shotgun on public way includes

A

Rifle or shotgun loaded (Cartidge in mag or chamber)

OR

unloaded unless in a case

103
Q

When does carrying a rifle or shotgun on public way become a felony

A

large capacity

104
Q

To carry a loaded firearm in a vehicle what do you need to do

A

have it under your direct control

105
Q

Carrying a large capacity rifle or shotgun in vehicle must be

A

unloaded and Locked in trunk or secure container

106
Q

Possession of gun with defaced serial number ROA - do you need to prove they defaced it

A

Complaint - no

107
Q

Poss of firearm with defaced serial number during felony

A

felony

108
Q

Improper storage ROA and elements

A

Complaint

No person may store or keep gun in ANY place unless weapon is ;

Locked in container OR

Equipped with a properly engaged safety device OR

Under control of the LTC holder or authorized person

109
Q

What makes improper storage a felony

A

Large Capacity or potential access to someone under 18

110
Q

Is a vehicle trunk a secure place for storage

A

Yes

111
Q

Is a locked glove box a secure place

A

Possibly, if car locked also

112
Q

Gun in a locked house and lock bedroom

A

no good

113
Q

Gun with a trigger lock in an igloo cooler in a backyard

A

good

114
Q

is a gun seized because of improper storage considered seized

A

no

115
Q

What guns are exempt from storage requirements

A

Muskets and guns manufactured before 1900- DOES NOT INCLUDE AMMO

116
Q

Gun Trafficking Elements and ROA

A

within 12 months
- unlawfully and intentionally
- Transfer possession of
-AT LEAST ONE
- rifle, handgun, shotgun, machine gun

117
Q

Who is allowed to own Assault weapons, can they sell or transfer them?

A

Police officer and NO- FELONY

118
Q

Community Gun - ROA - elements

A

Felony
- leaving an unattended firearm, rifle, shotgun, OR AMMO, for an UNLICENSED person to commit a crime

119
Q
A

CRIM 2024 (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions