Posted on 03/30/2009 4:43:20 AM PDT by marktwain
After a police officer's 12-year-old son got access to the officer's handgun, the officer was prosecuted for violating Mass. Gen. Laws. ch. 140, § 131L:
It shall be unlawful to store or keep any firearm, rifle or shotgun ... in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
Last month, the court held the statute was unconstitutional (Commonwealth v. Bolduc), and dismissed the prosecution. I only just now managed to get a copy of the opinion, and here's the relevant discussion:
The locking mechanisms [required by the statute] are the functional equivalent of those enumerated in the D.C. statute struck down in Heller.
In Heller, the Court held that the Second Amendment not only protects an individual's right to possess firearms but that the right requires that the firearms be available for "the purpose of immediate self-defense." The Massachusetts statute mandating lock boxes or similar devices would frustrate an owner's ability to immediately access an operable weapon.
Although the statute exempts firearms that are "carried" or "under the control of the owner" from the requirement that they be locked, the statute applies to the lawful owner of a firearm even when he is at home. People can be subject to prosecution whether they are home or not. The term "under the control of the owner" is a question of fact and subject to interpretation. Any ambiguity in the statute as applied to a person lawfully keeping a firearm in the home must be resolved in favor of the holder of the right. Legislation requiring an owner to store firearms in a place inaccessible to children or unauthorized persons would satisfy the Supreme Court's holding in Heller and protect the safety of others.
In light of the foregoing, the Court finds that, based on the Supreme Court's decision in District of Columbia v. Heller, G.L.c. 140, sec. 131L is unconstitutional.
According to a Massachusetts Lawyers Weekly article notes that Massachusetts courts seem split on this. It also reports that the prosecutor "agreed with [Judge] Lynch's analysis and decided not to appeal. 'I've read the Heller case,' he says. 'Judge Lynch read the Heller case, and the Heller case seems to say very clearly that these kinds of blanket restrictions are unconstitutional.'"
Interestingly, the court seemed to assume that the Second Amendment applies to state laws -- what lawyers call the "incorporation" issue -- which is something Heller pointedly declined to resolve.
How about the loop of nearly invisible fishing line tied to the headboard in the master bedroom, leading back behind the headboard? Do they look there?
;-)
Valuables and documents not used every day go into a fireproof safe built into the foundation.
Pistols go into a quick-coded safe hard-attached to a stud at the base of the closet when not home...under the mattress at night.
Nicely played. LOL.
Pistols go into a quick-coded safe hard-attached to a stud at the base of the closet when not home...under the mattress at night.
Great advice.
The mildest removal process: remove the action and furniture, wrap the wood in absorbent paper - like kleenex or toilet paper - and then wrap in foil. Set it out in the sun where it can slow cook for a day. Remove the paper and repeat as needed. Oxalic acid (read the MSDS first!) will take off gun oil, linseed, stain, and fillers. Use sparingly.
I might not go that far, as it may not all come out and a hard finish might not stick and then chip or peel. I'd probably stick with the hot oil and wax thingy.
I think I've seen that type of gun before. Smoothest bolt I've ever felt.
Good info. Thanks !!
Try it on a scrap piece to get the feel of it before starting on the antique.
The Libs in Mass. must be seething right now. LOL. Just love to see their faces.
No, they guy got off because he was a police officer.
.380 Colt Automatic similarly strategically placed...
You finding .380 ACP scarce locally ?
You might find it at a woodworking/finishing supply place, or possibly a large pharmacy.
Or, you could try these guys:
If I recall correctly, I have saved a couple of oil soaked stocks by leaving them in the sun and painting on a mixture of calcium carbonate and acetone or alcohol.
Remove the wooden stock and place it out in the sun, the hotter the better. When the oil starts oozing from the stock paint, it with the mixture and let it dry in the sun. When it is dry just brush the stuff off and repeat the process until the wood is dry.
It can take a few days, but it will work.
Simply amazing. Who'd a thunk it?
Thanks so very much for this article, marktwain!
Sounds like it is water soluble, not petroleum. Maybe some type of cheap animal or vegetable fat. Thus petroleum solvents would tend to just smear or spread it around.
Hot water and detergent, Simple Green, Fantastic.
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