Would you enforce spent shell casing?

Discussion in 'Ask A Cop' started by Mark3209, Nov 19, 2016.

  1. Mark3209

    Mark3209 MassCops Member

    Just curious, would you arrest someone for a spent shell casing with no license?

    Grew up in MA moved to NH few years ago, just insane to think you can be arrested for a spent shell case, never realized how ridiculous MA gun laws were until I moved up here.
     
  2. Bloodhound

    Bloodhound MassCops Member

    I spend most of my time and energy enforcing MGL C.266 s.131, so probably not.
     
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  3. Treehouse413

    Treehouse413 MassCops Member

    What ch./sec. is that ? Never heard of it.
     
  4. Mark3209

    Mark3209 MassCops Member

    Massachusetts General Laws Chapter 269, Section 10(h) criminalizes the unlawful possession of ammunition. The crime of Unlawful Possession of Ammunition carries a penalty of up to 2 years in jail or House of Corrections.

    In order to be convicted of the crime of Unlawful Possession of Ammunition, the prosecutor must prove, beyond a reasonable doubt:
    1. That the defendant possess an item;
    2. That item meets the legal definition of "ammunition"; and
    3. That the defendant knew that he possessed that ammunition.
    "Ammunition" is defined under Massachusetts law as cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.
     
  5. Treehouse413

    Treehouse413 MassCops Member

    Has to be a live round capable of being fired. A shell casing is just a piece of brass=no crime .
     
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  6. Bloodhound

    Bloodhound MassCops Member

    Incorrect. They qualify as ammunition. A "firearm" has to be capable of being fired.
     
  7. Treehouse413

    Treehouse413 MassCops Member

    I maybe wrong but forgive me I'm at the garden watching the Bruins and slightly drunk reading this in between periods . I do know you don't need a fid or ltc to possess black powder but need one to purchase it . MA laws are screwey!!!!
     
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  8. JD02124

    JD02124 Supporting Member

    Where did you get your information? My department had an issue not too long ago with spent shell casings no arrests were made.
     
  9. Sgt Jack

    Sgt Jack Subscribing Member

    That was a great game!!! To the OP I've been doing this for awhile, not as long some but longer than others here in Mass. What is this spent casing law that you speak of????
     
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  10. Treehouse413

    Treehouse413 MassCops Member

    Ok games done and I looked this up quick. This was at the very bottom of 269 10h.
    (o) For purposes of this section, ''loaded'' shall mean that ammunition is contained in the weapon or within a feeding device attached thereto.

    For purposes of this section, ''ammunition'' shall mean cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.

    That's defining what the ammunition is. No way you can be arrested for a spent shell casing. You can buy them w out fid or ltc unlike ammunition itself you need a fid/ltc.
     
  11. Mark3209

    Mark3209 MassCops Member

    Thanks, just seen articles online, just look up empty shell casing illegal in MA, on google
     
  12. Bloodhound

    Bloodhound MassCops Member

    Yes you can. Should anyone ever be charged with this? Probably not. But it is an option.
     
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  13. k12kop

    k12kop MassCops Member

    I can see a loaded wheel gun with a spent shell under the pin, But a spent shell in the pocket or hanging from a chain? Kinda making a stretch for a pinch.
     
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  14. USM C-4

    USM C-4 MassCops Member

    "kinda making it a stretch" does not equal "legal." The law says cartridge cases are illegal without a permit.
    Would you have to run into an asshole cop to get charged? Yeah. Do they exist? Yeah.
     
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  15. pahapoika

    pahapoika Subscribing Member

    Good point !
    Wouldn't this law make everyone that had a novelty keychain a criminal ? :confused:
     
  16. USAF3424

    USAF3424 MassCops Member

    It has been used in Boston. They reference the case in the academy I just can't remember the particulars. I want to say it was gang unit arrest in Roxbury or Mattapan.
     
  17. Bloodhound

    Bloodhound MassCops Member

    Which is the point John Scheft makes in his lecture on the subject. Yes it does. Which is stupid, but true.
     
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  18. Treehouse413

    Treehouse413 MassCops Member

    I stand corrected.
     
  19. Pvt. Cowboy

    Pvt. Cowboy Lemme take a selfie Staff Member

    Solution to all of this:

    Move to NH.

    Mass gun laws are fuckin ABSURD.
     
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  20. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    Frankly, there are a number of times (here and there) where I scratch my head and wonder why a person is being charged criminally instead of a) being given a good talking to (no one gets a boot in the ass these days); b) isn't simply told, "please don't do this again. You'll make me work over bullshit."; c) ignores it.

    There are CRIMES, crimes and 'crimes'. Lets concentrate on the first two and stop giving in to those lunatics who make a HUGE fuss of nothing, even if it IS technically a 'crime'. And yeah, the shell casing thing is a prime example.

    When I was a kid, my family visited the FBI HQ and on the tour we were given casings from tommy guns. Had I brought them to school then, I'd have heard, "WOW, that's so cool!" or something to that effect. Now a days, I'd hear, "Son, you're under arrest." by someone who is too quick to cave into the left who fear their own shadows. Hell, my DAD who was a local cop would on occasion bring home used targets and maybe some casings. Would that, in this day and age make him an accessory?

    LIGHTEN UP FRANCIS!
     
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  21. Bloodhound

    Bloodhound MassCops Member

    Absolutely right Kilvinsky. When I was in 5th grade (in the 80's) I brought a live .38 round to school for show and tell. It was leftover from evidence that my grandfather used as a lawyer in a trial. The teacher thought it was really cool. These days it would result in a lockdown.
     
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