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
In addition to being charged for illegally possessing a large capacity weapon a suspect may also be charged separately for possessing a _____ _____ _____ _____
Large capacity feeding device
An empty shell casing is arrestable on PC (Unlawful possession of ammunition) because it qualifies as………
Ammunition
For a large capacity possession, police must prove a person knows he possesses a large capacity weapon/feeding device. This means he knows the fun or device accepts more than 10 rounds or ______ shotgun shells
5
What is the definition of Firearm (3)
1) A pistol or other weapon loaded or unloaded
2) That can discharge a shot or bullet
3) has a barrel less than 16 inches in length or 18 inches for a shotgun as originally manufactured
What is the definition of a large capacity firearm
1) Semi Automatic
2) Capable or readily modifiable to accept any detachable large capacity feeding device for more than 10 rounds of ammunition
Under 289/10 what is the definition of ammunition
Cartridges or cases. primer (Igniter), bullets or propellant powder designed for any firearm, rifle or shotgun
A sawed off shotgun is a modified shotgun with a barrel or barrels that are less than ______ inches, or an overall length of less than ____ inches
18
26
Possession of a bump stock or trigger crank is a …..
Felony
Under 140/131N what is constructed in a shape that does not resemble a handgun yet is capable of discharging a shot and may resemble a key chain or pen or cigarette lighter
Covert Weapon
Any person who possesses a fake gun qualifies as being _____ for any crime against a perso\n
armed
Any citizen who possesses a stun gun without an LTC commits …….
Unlawful possession of a firearm
In order to possess an air rifle or BB gun in a private place, an individual must have ….
No license required regardless of age if gun not discharged
A large capacity feeding device includes fixing or detachable magazine, box, drum or similar device capable of accepting more than____ rounds of ammunition or ___ shotgun shells
10
5
A paty wants to purchase a fire arm and does not fall under any of the exemptions that apply to the need for firearm licensing. Therefore in order to lawfully possess a pistol the party must have (2)
an LTC or FID Card
A business owner informs she has her firearm ready at the business and she didnt go through the red tape. What crime have they committed
Unlawful Possession at her business without an FID (269/10H
What if a business owner is in possession of Mace. Have they committed a crime if so what can you charge them with ?
There is no crime for possession for Mace or any other chemical propellant because she is 18 years old and no facts indicate she she is disqualified for an FID
What if a business person has a large amount of money as they walk down the street to the bank but is unlicensed
Charge with unlawful possession of a firearm
What is the right of arrest for unlawful possession of a firearm
Felony
If a party does not have an LTC or FID card or an exemption may they still lawfully possess a handgun in there home ?
NO
(It not lawful to possess a gun without a license even in your home or business. The only legal benefit legally is that the penalty is less severe if you have the fun in the home or business versus a public area)
When charging for possession of a firearm with a defaced serial number the officer does not need evidence that the suspect knew the serial number was ________
defaced
A person does not need a license to carry a firearm made before_______, although he might need an FID card for the ammunition
1900
What is needed for the exemption for Voluntarily surrendering a firearm
A written notice stating the place and approximate time of the surrender has been given to the licensing authority
Under 140/129C any new resident moving into the Commonwealth, or returning after having been absent for not less than ________ consecutive days, or any resident upon being released from active service with the military, may possess any firearm, rifle or shotgun then in his possession for _________ are such release return or entry
180 Days
60 days
When service to respondent ( aka dangerous person) for a Red Flag law ) must be given paperwork within _______ days or _____ days if the party uses the firearm for employment
7 days
2 days
What type of evidence is needed to prove the Red Flag law (ERPO) ………
Preponderance of evidence
If a party refuses to surrender firearms after being served with the Emergency Extreme Risk Protection order they then can be charged with
Unlawful Possession of a firearm
When it comes to gun laws in Massachusetts a resident can be a resident of more than one ______ for gun law purposes
states
For the purpose of the firearm laws, ______ _______ _____ are considered Massachusetts residents, not aliens. they are eligible to apply for resident LTC and FIDs
Lawful Permanent Residents
What are the 6 exemption for a Nonresident or alien to possess Rifles and Shotguns and ammunition in Mass.
1)Meet the requirements of the state where he lives
2)Have a valid non resident hunting license during hunting season
3) Be at a shooting range
4) Be Traveling in or through Mass with his gun unloaded and enclosed in a container
5)Be at a firearms display organized by an existing gun collectors club
6) Be 18 or older when acquiring a rifle or shotgun
A person is entitled to the LTC exemption as a new resident visiting the state, but the they are excused for only Mass compliant weapons not _____ ______ _____
large capacity gun.
An LTC for an alien expires after ______
1 year
What is the offense of Carrying a gun on campus
A person, who is not a law enforcement officer, may not carry loaded or unloaded gun on an elementary, secondary or college campus without written authorization
Carry a firearm while under the influence. Person with valid LTC may not carry on his person or have under his control in an MV a loaded firearm while under the influence of alcohol and drugs. What is the right of arrest ?
Arrest for breach of the peace in presence or complaint
(Consumption must diminish the suspect ability to carry safely. Defendant convicted of FUI even though he was at an .07 BT. )
269/12E prohibits discharging a firearm within ______ feet of dwelling or other building in use
500
The charge is discharging a firearm within 500 feet of a dwelling or other building in use, What qualifies as a building in use
Building in use means that the particular building is not vacant
(. As a result you do not have to prove that people were in the building when the gun was discharged. You only have to show that people could have been in the building. The reason for this rule is that even outside of business hours a building or dwelling may still be occupied by cleaners, maintenance etc. who deserve the protection of the law.)
For discharge within 500 feet of a building an officer does not have to prove _____
Intent
(Accidental discharge is sufficient. Right of arrest is confiscate and complaint)
What is the elements for improper storage of a large capacity firearm/ Improper storage of any gun if someone under 18 has potential access
No person may store or keep any gun in any place unless the weapon is ( In a locked container or equipped with a properly engaged safety device or under the control of the license holder or other authorized person)
(The Massachusetts Gun storage law is considered constitutional because the law does not impede the right of self defense because owner can keep unlocked gun in immediate control)
Right of arrest for improper storage of a large capacity fire arm or improper storage of a gun if someone under 21 has potential access
felony
Right of arrest of improper storage of non large capacity fun or stun gun
Confiscate and complaint
What are the elements of carrying a rifle or shotgun on a public way
No person shall call on any public way either
1)a loaded rifle or shotgun which means it has “cartridges or shells in either the magazine or chamber)
2)An unloaded rifle or shotgun unless it is enclosed in a case.
(Warrantless arrest in presence, OR FELONY if it is large capacity)
Allen has an LTC. He is carrying a rifle, which is not enclosed in a case, on a public way,but it is still unloaded. He is not a member of law enforcement, the military or an authorized parade. He is walking back to his house. Is this a crime?, If so what is an officers right of arrest?
Yes He has violated 269/12D Carrying a rifle on a public way.
An Officer has a right of warrantless arrest in presence
A Locked home or______ by itself is not considered a secure container
Vehicle
No person carrying a loaded firearm under any LTC shall have it in a vehicle unless it is _________ ____ ________ _______
Under their direct control
A large capacity firearm must be secured unless the fun is being carried or under the control of the ________ or other _________ _________ user
Owner
lawfully authorized
An LTC holder cannot carry a large capacity rifle or shotgun in a vehicle unless its (2)
Unloaded
in the locked trunk or a secure container
Tom is an off duty police officer. He leaves a non department issued revolver in his glove box while his car is parked outside of a restaurant; the handgun gun is loaded. Is this a violation of a gun stored in a motor vehicle
Yes. Tom can leave an unloaded gun in his car if it is properly secured. But in this case he left a loaded gun.
In order to be convicted of improper storage under 140/ 131C the Commonwealth does not have to prove that the weapon was
loaded
A gun with a safety guard can still be mobile and considered properly __________
Stored
(gun with trigger lock properly stored even though it was inside an igloo cooler in the front yard)
What is the elements to commission of a felony while armed
1) The suspect possessed or had under his control
2) A firearm, rifle or shotgun including large capacity and machine gun
3) While committing or attempting to commit a felony
(Drug dealer found guilty of this crime because his firearm was found near his drug stash even though he was not carrying it, Also exchanging gun for drugs is sufficient)
For B&E to a fire arms dealer then there i no need to prove that the suspects actual intent was to steal a _________ or ________
Gun or ammunition
The gun trafficking violation is outlined by 269/10E when a suspect, within a 12 month period, unlawfully sells or transfers a quantity of handguns, rifles, shotguns or machine guns. The minimum amount of guns that qualifies for gun trafficking is ______
1 gun
3 guns gets you the mandatory minimum
