Firearms Flashcards
Although its scope is a subject of debate, the ____________ Amendment to the United States Constitution guarantees the right of the people to keep and bear firearms
First
Applying Massachusetts gun laws in the field can get complicated, so police officers should use a simple four step approach:
1) Preserve Officer Safety
2) Assess the situation
3) Confiscate weapon
4)Pursue Criminal and/or administrative consequences
When a person attempts to get an LTC and is denied and later charged with possession of a firearms without a license may they challenge their conviction for carrying a firearm without a license on the basis that it is unconstitutional under the Second Amendment ?
Yes, Because they applied for license and was denied
(A person who wishes to make a second amendment challenge to Massachusetts licensing must show that he or she attempted to comply with state laws)
Evidence that someone is carrying a firearm in Massachusetts is not by itself _______ ________ of criminal activity
reasonable suspicion
List four “Plus Factors” that show a suspect is probably in unlawful possession of a gun
1) THE MOST OBVIOUS ONE- Suspect appears to be under 21
2) Officer knows suspect is ineligible for LTC
3)Gun Used in a threat
4)Type of gun typically connected to crime
( Other examples: Gun brandished or displayed, Gun being loaded, on street gun sale, gun accompanies a crime(drugs), gun being fired,suspect not using holster, the public safety plus factors for gun possession include an intoxicated or mentally impaired citizen)
It is the defendants ______ __ _______ to prove that that have a valid LTC or FID
burden of proof
Being unfamiliar with gun laws is no _______ to firearm possession
defense
How long are LTC usually good for ?
Typically 6 years
(They expired on the date shown on the license )
The renewal exemptions only apply to _______ not ammunition or large capacity feeding devices
guns
Who has the burden to show that a suspect with an expired License qualifies for the renewal exemption ?
The suspect
If a party has an expired LTC but still qualifies for the LTC ( did not renew it) what are the three enforcement options
1) Confiscate all guns, ammo and the expired card
2)Only seek a civil fine between 100-$5000
3) Charge with criminal offense
(Suspect will have the burden of presenting evidence that the only reason they lacked an LTC was because it wasn’t renewed)
When moving between towns in Massachusetts. How many days to notify the proper authorities of a change of address for an FID. _____ days. If they have an LTC instead of an FID how many days? ______ days .
By certified mail within 30 days
If a party has a target shooting only practice LTC and is found at a bar with two firearms what is the proper action?
Confiscate the handguns and pursue a criminal complaint
( Dont arrest he does still have an LTC he is just violating it)
In Massachusetts the “Red Flag” law authorizes district court to issue ________ _______ ______ ________
Extreme Risk Protection Order
Why is an administrative suspension more efficient than obtaining a Red Flag order
The Licensing authority decided whether to administratively suspend an LTC or FIRD without going to court
The Red Flag order or Extreme risk protection order law does not impose any legal duty on family or household members to ………
file a petition
Each uninterrupted period of possession is one charge, However a defendant who returns home or relinquishes control of the firearm but then comes back outside has committed …….
A Second offense
Josiah Watkins who had no FID or LTC posted a video of himself on snap brandishing a TEC 9 . Officer learned that the weapon was owned by Watkins friend. A search warrant for the friends home led to the seizure of the Tec 9. Did this prove Watkins illegally possessed the gun ?
Yes
You find a teenager with no LTC in possession of a Glock that Loaded with 15 rounds inside. What is the proper charges
1) Unlawful Possession of a Large capacity weapon
2) Possession of a feeding device
3) Illegal Possession of ammuniction
What are the 6 ways to prove a working firearm
1) Most persuasive - Ballistic testimony
2)Defendant observed firing a gun
3) Recovered gun has spent cartridge
4)Police expert dry fired gun
5)Arresting officer fired the gun
6) Owner testified he fired the gun
A man is asked to exit the back seat of a vehicle. While exiting he stares at the officers and appears to be using his feet to shove something under the front drivers seat where he had been sitting behind. A firearm is found under the seat. Is there sufficient proof for possession
Yes
(The person presence in the vehicle alone is not enough for constructive possession. However put together the eye contact, and the suspicious foot shoving and proximity to the gun. This gave the person the necessary “Knowledge, ability and intention to exercise control. The fact that the party was shoving his feet where the gun was connected him to the gun )
A defendant tell police that a gun and ammunition found in the backseat of his car were put there by a friend against his wishes .Did he constructively posesess the items?
Yes, the items were in close proximity to him and he was the driver and owner of the car and knew exactly where they were
A party is in jail when police execute a search warrant for his motor vehicle that is parking in his father driveway. Police find multiple fire arms can he be charged with possession
Yes, he constructively possessed the gun because he was able to control the device through his family members
A party and his friend planned an armed robbery. His friend had the gun but did not have a license. He knew about the gun, but never touched it. Can he be charged with unlawful possession of a firearm based on being an accomplice
Yes
Albert moves out when his wife obtains an abuse prevention order. A month later his wife locates a loaded firearm in a leather pouch on the floor. Albert does not have a gun license. You cannot charge albert with
Unlawful gun possession
A ballistics certificate by itself is inadmissible in court as proof that the pistol recovered by police was _________
operable
In order to charge a defendant with illegal possession of ammunition. An officer must ____________ that the ammunition appears to be in good condition and is the type fired by a certain firearm.
document
Testimony about a guns ______ and/or test firing process is insufficent
Appearance
(Officer cant testify that a firearm appeared authentic and in good working order. Also can no longer rely on hearsay statement about the firing process..” Gun sent to lab with three round returned with 2”)
An owners claim that the dealer said the gun worked is ___________ proof of a working firearm
insufficient
The issue with ballistic is not whether the gun is operational now but that it could ______ at the time of the offense
Fire
(Suspect threw fire arm while being chased by the police. It was now inoperable but it worked during the offense )
The Commonwealth does not need to prove that the defendant possessed a firearm and knew it could _______
Fire
(Though the commonwealth must prove that the weapon could fire, It only needs to prove that the defendant knew he possessed a firearm within the generally accepted meaning of that term)
Officers cannot charge a suspect with both carrying a loaded firearm and unlawful possession of ___________. even if all the ___________ was loaded in a particular gun.
Ammunition
( Officers may not charge both charges if the firearm had all the ammunition inside it. This is considered double jeopardy )
For the enhanced charge of possession of a loaded firearm the defendant must have _____ that the firearm is loaded
knowledge
Name 6 indicators that the defendant knew the firearm was loaded
1)Bullets loaded in a revolver may be seen by looking at the gun
2)The defendants fingerprints were found on loaded magazine
3)The defendant carried the pistol on his person
4)The defendant had the firearm ready to use
5)The defendant threatened someone with the pistol
6)The defendant made statements indicating familiarity with firearms
