CL- Ch. 17 Firearms Flashcards
Firearms (98 cards)
1
Q
“Community Gun” (Left for criminals) ROA:
A
Felony
2
Q
Firearm Sale to Minor Under what age is a felony?
A
21
3
Q
Rifle, Shotgun, or Ammunition: Sale to Minor Under what age is a felony?
A
18.
4
Q
Illegal sale of large capacity gun or feeding device- ROA
A
Felony
5
Q
Assault Weapon sale- ROA:
A
Felony
Note: Possession of AW’s by Law Enforcement permitted; Officers do NOT have to be authorized by their department.
6
Q
Gun Trafficking
No person may, within a (blank) period; (blank and blank); transfer possession of atleast (blank) handgun, rifle, shotgun, or machine gun.
ROA:
A
Within a 12 month period; Unlawfully and intentionally; transfer possession of atleast one(1) handgun, rifle, shotgun, or machine gun.
ROA: Felony
7
Q
Illegally Transport gun into Massachusetts (for purpose of committing a crime)
ROA:
A
Felony
8
Q
B&E Firearms Dealer
ROA:
A
Felony
Note: No Need to prove suspects intent was actually to steal gun or ammo
9
Q
To convict a suspect of B&E Firearms Dealer, must police prove the suspects intent was to steal a gun or ammunition?
A
No.
10
Q
B&E to Steal a Firearm
ROA:
A
Felony
11
Q
Stealing a Firearm
ROA:
A
Felony
12
Q
Use of Tear Gas to Commit Crime
ROA:
A
Felony
13
Q
Wearing Body Armor During a Felony
ROA:
A
Felony
14
Q
Commission of Felony while Armed
ROA:
A
Felony
15
Q
Do storage laws apply to muskets or guns manufactured before 1900?
A
No. They are exempt.
16
Q
Improper Storage of Non- Large Capacity gun or any stun gun (includes taser)
ROA:
A
Confiscate & Complaint
17
Q
Improper Storage of any gun, if someone under 18 has potential access
ROA:
A
Felony.
Note: Regardless of the type of gun if access is not the results of trespass
18
Q
Improper Storage of Large Capacity gun
ROA:
A
Felony
19
Q
Defaced Serial Number during Felony
ROA:
A
Felony
20
Q
Loaded Rifle or Shotgun in MV, Boat, or Plane:
ROA:
A
Warrantless Arrest IN PRESENCE
21
Q
No Large Capacity Rifle or Shotgun in vehicle under LTC, unless:
ROA:
A
Unless unloaded AND in locked trunk or secure container.
ROA: Confiscate & Complaint
22
Q
No person carrying a loaded firearm under valid LTC shall have it in vehicle, unless:
ROA:
A
Unless it is under his direct control.
ROA: Confiscate & Complaint
23
Q
Carrying Rifle or Shotgun on a Public Way:
ROA:
ROA if Large Capacity :
A
ROA: Warrantless Arrest In Presence
If Large Capacity Rifle or Shotgun: Felony
24
Q
Discharging a firearm or releasing an arrow on or near a highway
Distance:
ROA:
A
Across or within 150 feet of any highway
ROA: Warrantless arrest IN PRESENCE, otherwise complaint
25
Discharging Firearm within 500 ft of Dwelling or Building in use:
ROA:
Confiscate & Complaint
26
Hunting or Target Shooting while under the influence:
ROA:
Warrantless Arrest in presence
27
Carrying firearm while under the influence of liquor or drugs
ROA:
Arrest for Breach of Peace in presence- otherwise, complaint
Note: IF suspect unlicensed, simply charge Felony Unlawful Possession under 269 Sec. 10
28
Failure to report campus violation
ROA:
Complaint
29
Carrying a gun on campus (elementary, secondary, or campus w/o written authorization) even with LTC.
ROA:
Warrantless Arrest in Presence
Note: explicitly covers: firearms, rifles, shotgun, BB Gun, Air Gun, or other projectile devices.
30
Aliens and Nonresidents may receive an LTC for firearms competition for (Blank). Only Nonresidents may receive an LTC for employment, for up to (Blank):
1 year- competition
2 years- Employment, Nonresidents only
Note: Both types of licenses may be renewed.
31
A temporary LTC may be issued by the Colonel to a Nonresident or to an alien, and is "Subject to such terms and conditions as said Colonel may deem proper". May this temporary LTC be used to purchase guns?
No.
32
The state police Colonel may issue an FID to an alien for a rifle or shotgun. Who must the Colonel notify?
The Chief of Police where the alien resides.
33
Are temporary FID's for rifles and shotguns available for nonresidents?
No.
Because there are already so many exemptions.
34
May nonresident law enforcement officers carry in Massachusetts?
Yes.
Properly licensed Officers and retired Officers are allowed to carry concealed in all 50 states.
35
A nonresident may carry a handgun in or through Mass in order to take part in a competition, exhibition, collector's meeting, or hunting excursion, provided he : (3)
1. Is a US resident; and
2. Has a valid LTC from another state; and
3. Has, if his purpose is to hunt, a license issued by the place where he intends to hunt.
36
Firearms- 60 day grace period for New Resident
1.Is large capacity covered?
2. Is license from another state covered? (beyond 60 days)
1. No. Large Capacity not covered.
2. No- although a suspect has a valid firearms license from another state, he only has 60 days from the time he also becomes a Mass resident
Charge: Unlawful Possession
37
Any new resident, or any resident absent from the state NLT 180 consecutive days; or any resident released from active service from US military, may possess, **but not carry in public***, firearms, rifles, shotguns and ammo for:
60 day grace period.
38
For the purpose of firearms law, are lawful permanent residents (aka greencard holders) considered mass residents or aliens?
Massachusetts Residents-
They are eligible to apply for resident LTC's and FID's.
39
Chart 3: Nonresident and Alien
Exemptions for Rifles and Shotguns
Last 3 (6 total):
4. Be traveling in or through Mass with his guns unloaded and enclosed in a container; or
5. Be at a firearms display organized by an existing gun collectors club; or
6. Be 18 or older when acquiring a rifle or shotgun
*No exemptions for aliens*
40
Chart 3: Non resident and Alien
Exemptions for Rifles and Shotguns
First 3 (6 total):
1. Meet the requirements of the state where he lives; or
2. Have a valid nonresident hunting license during hunting season; or
3. Be at a shooting range; or
*No exemptions for aliens*
41
When must loss, theft or recovery of any firearm, rifle, shotgun, or machine gun be reported, and to whom?
ROA:
-"Forthwith"
-To CJIS and the Licensing Authority
ROA: Complaint
Failure to report shall result in suspension or permanent revocation of the person's license
42
Traveling state to state: Firearm and ammunition
Requirements: (2)
1. Licensed in both the state of origin and the state of destination.
2. Firearm must not be accessible during transport
43
Chart 2: Exemptions to License Requirements
Last 5 (15 total):
11. Us Military or Police
12. Black Powder rifles, shotguns, and ammo
13. Official Veterans organization (parades, etc.)
14. Museums (unloaded and secured)
15. Bank Collateral
44
Under Chart 2: Exemptions to License Requirements, a transfer to heir allows a (blank) grace period.
180 day grace period. Provided that:
- the recipient shall, within 180 days of transfer, obtain and FID/ LTC if not otherwise exempt.
Note: Recipient may be granted an extension by LA
45
Possession of Forged or Altered Firearms License:
ROA:
Felony.
46
Chart 2: Exemptions to License Requirements:
Second 5 (15 total):
6. Target Concessions
7. Under 15 years old and Immediate supervision (for hunting or target shooting)
8. Film, TV, Stage production (under immediate supervision of FID/ LTC)
9. Temporary Instruction, Examination, Firing
10. Transfer to heir (180 day grace period)
47
Chart 2: Exemptions to License Requirements
First 5 (15 total)
1. Imitation Firearm (incapable of firing shot or bullet)
2. Signal Device or Industrial Gun (signaling, explosive rivets, etc)
3. Federal Firearms Dealer
4. Voluntarily surrendering gun- If prior written warning stating place and time to LA or Colonel
5. Ordinary shipping
48
License holders, within 30 day of moving, must send notice (by certified mail) to who? (3)
1. Original Licensing Authority
2. Licensing Authority in the new community
3. Department of Criminal Justice Information Services (DCJIS)
49
For purposes of "Possession of gun in Home or Business"., which requires atleast an FID, it must be the individuals (blank), not simply his (blank).
Business, not simply his place of work.
Ex. shop owner may keep a gun under cash register, gas attendant may not bring a gun to work
- Landlord or 3 family home could not claim it as his "place of business" and carry into tenants apartments
50
For purposes of "Possession of Gun in Home or Business", a home includes:
All areas over which a defendant has exclusive control.
51
For citizens to possess a firearm, rifle, or shotgun in their home or business, they must have:
Atleast an FID.
52
Are Officer permitted to search a suspect, who is in possession of a firearm/ammo, incident to arrest for an LTC/FID?
Yes.
Since having a license is a defense to unlawful possession, it is legitimate to search for a license as soon as you have Probable Cause for unlawful possession.
Note: any evidence discovered while conducting this lawful search will be admissible under plain view doctrine.
53
Authors recommendations to help prove defendant lacks valid LTC/FID: (5)
1. Demand suspect tell you where his LTC/ FID is located
2. Search suspect Incident to Arrest for LTC/ FID
3. Following valid Miranda, ask suspect about LTC/ FID status
4. Records that license was revoked/not renewed/never issued.
5. Absence of record that suspect was issued LTC/FID
54
Proof that defendant lacks valid LTC/FID- Who does the burden of proof fall on?
Burden is on the police to prove defendant did not have a valid license.
55
Are spent cartridge cases, alone, considered ammunition?
Yes.
56
Do Officers need to prove the suspect knew the gun or feeding device was "Large Capacity" (more than 10 bullets, 5 shotgun shells) ?
Yes.
57
Define "Large Capacity":
Capable of holding more than 10 bullets, or 5 shotgun shells
58
Applicable factors to show defendant knew his gun was loaded: (7)
1. Ammo can be seen (revolver, etc)
2. Fingerprints on loaded magazine
3. Firearm was carried on the person
4. Firearm "ready for use"
5. Firearm used as a weapon
6. Defendants statements show knowledge about firearms
7. BEST PROOF: Statements in response to police questions- "How do you unload this?", "How many bullets does this hold".
59
To prove unlawful possession of Loaded Firearm, is it necessary to show defendant knew his gun was loaded?
Yes.
60
Gun, feeding device, and ammo may be three separate charges- or, the suspect may be charged with:
An enhanced penalty for a loaded gun- Ch 269 Sec. 10(N)
Note: May not charge 269 Sec. 10(N) AND Unlawful Possession of ammunition, if all the ammo was in the loaded gun= double jeopardy
61
True or False:
Proof is required that the defendant knew the gun worked.
FALSE.
Proof of defendants knowledge is not required.
62
6 ways to prove a "working" firearm, rifle, or shotgun:
1. Most persuasive: Ballistics Testimony.
2. Defendant observed firing gun (witness testimony)
3. Recovered gun has "spent cartridge"
4. Police Expert "dry fired" gun
5. Arresting Officer fired gun (if ballistician is unavailable for court)
6. Owner testified he fired gun (but a claim that the dealer said the gun worked, is insufficient)
63
Is an accomplice guilty of unlawful possession if his co defendant failed to have an LTC?
Yes.
"When participating in a crime with a other person, the defendant assumes the risk that his armed accomplice does not have a proper license"
64
Does a suspect have to exercise exclusive control over the gun in order to unlawfully possess it?
No.
Ex. 6 firearms were in an unlocked safe in the defendants' bedroom, along with his social security card and expired license. The defendant could still be convicted of unlawful possession of those guns even though a owner of the house was a gun collector with an LTC.
65
Proof of constructive possession:
There must be proof that the suspect: (3)
1. Knew about the gun
2. Intended to possess it, and
3. Had the ability to physically control it.
66
May unlawful possession and improper storage be charged for the same gun?
Yes.
Ex. gun found outside vehicle after OUI crash. Was not in a locked box or container, and owner was intoxicated.
67
Police may transfer guns not kept as evidence to a:
Licensed Storage company.
68
Which is " Far more efficient", Administrative Suspension by LA, or Extreme Risk Protection Order?
Administrative Suspension by Licensing Authority.
69
Once they notify the license holder( of suspension/revocation) Police still need (blank) to enter in order to seize the guns.
Legal Authority.
* If no consent or exigent circumstances, police can order occupants to remain outside, secure home, and obtain search warrant.
70
At the time of license Revocation/suspension, the LA can decide whether to (blank) or (blank).
1. Require immediate surrender of the license, firearms, and ammo
Or
2. Delay confiscation- allow license holder to keep guns while their appeals are pending in district court.
71
The LA may use MIRCS (Massachusetts Instant Record Checks System) to suspend/revoke an LTC/ FID. MICRS generates a:
letter notifying the licensee, and requiring that he surrender his guns and ammo to the police where he lives.
72
How long do license holder have to send notice (by certified mail) of address change?
Within 30 days of moving.
73
If license is invalid for the sole reason that he failed to notify authorities of change of address, strongest action is:
*CIVIL FINE ONLY*. Confiscate any license and guns and notify the LA.
74
Expired FID/ LTC:
Do renewal exemptions apply to ammunition and Large Capacity feeding devices?
No?
75
Expired FID or LTC: Strongest action if renewal application already denied orally or in writing.
Should be Arrested for Unlawful Possession.
76
Expired FID or LTC: Strongest action if holder currently disqualified from receiving a license (whether or not he applied):
Should be Arrested for Unlawful Possession.
77
Expired FID of LTC: Strongest action if the holder did not apply for renewal, but is still qualified for his LTC or FID:
*CIVIL FINE ONLY*. Confiscate License and guns.
78
Active Duty Military Extension:
License remains valid for 180 days after discharge, even if they did not apply for renewal.
79
Expired FID or LTC. If the holder applied to renew before the expiration date, his license stays valid for how long?
Until application is approved or denied.
80
Who is responsible for issuing temporary LTC's to aliens and non- residents?
Colonel of the State Police.
81
If the LA has credible information suggesting the applicant presents a risk of harm to self or others, the LA may only prevent the issuance of an FID by:
Filing a petition in the District Court.
82
The LA shall deny an LTC Application for suitability if there is credible information the applicant:
Presents a risk of harm to self or others.
Note: applicant may appeal an adverse decision to District Court.
83
An applicant for an FID who was convicted of certain listed crimes may receive an FID (blank) years after the end of the sentence.
5 years.
Note: LTC applicant is permanently barred by all of these convictions.
84
Prohibited person ineligible for gun license:
Massachusetts criminal conviction for: (2)
Also, out of state/federal;
1. any felony or a misdemeanor punishable by more than 2 years in a HOC
Or
2. charge concerning weapons or drug possession
Note: Out of state/Federal: if convicted of a similar crime
85
Prohibited persons ineligible for gun license: (5)
1. Massachusetts criminal conviction (felony or misd punishable by more than 2 years; or weapons or drug possession
2. Out of state/ Federal conviction (for similar crimes)
3. Court ordered commitment (mental health, alcohol, drugs)
4. Protection order (Note: HPO is NOT a disqualifer)
5. Dishonorable Discharge
86
The applicant's finerprints are sent to (blank), who checks state and federal records.
The State Police Colonel.
87
May the Licensing Authority consider whether an applicant has a proper purpose for carrying?
No.
If applicant qualifies for a gun license, 2nd amendment permits a law abiding citizen to carry for self defense.
88
Who issues FID's and LTC's to Massachusetts residents?
City or town Licensing Authority
89
What does an LTC allow?
Same as FID (rifles, shotguns) but also permits carrying a firearm (aka handgun) in PUBLIC.
90
What does an FID allow?
Possession of rifles and shotguns in public.
91
Firearms:
Plus Factors
Last 5 (13 total)
9. On street sale
10. Gun that is typically used in crime
11. Gun connected to a crime
12. Impaired
13. Threat to public safety
92
Firearms:
Plus Factors
Second 4 (13 total):
5. Provocative public display
6. Ineligible for LTC (ex. known drug convictions)
7. Fired gun
8. Threatened someone
93
Firearms:
Plus Factors
First 4 (13 total)
1. Appears under 21
2. Not using a holster
3. Brandished or concealed (ex holding waistband to conceal firearm indicated illegal possession
4. Loading gun in public
94
A report that someone is carrying a firearm, without more, does not provide a reasonable suspicion of criminal activity (i.e. that gun is illegally possessed). Officers must have atleast one other reason why the suspect probably possess the gun unlawfully. We refer to these as:
Plus Factors
95
Does a report of someone carrying a firearm, without more, provide reasonable suspicion of criminal activity?
No.
96
A tip with an inadequate description of the person in possession will not provide:
reasonable suspicion
97
What guarantees the right to keep and bear arms?
The 2nd Amendment.
*However this right is subject to reasonable regulation.
98
Firearms: Antique Exemption
Citizens are exempt for guns manufactured before what year?
1900.
Note: LTC not required for antique firearm, however usually need atleast FID for ammo
