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Contraband weapons - what to do?

(Click here to view the original thread on the MassCops Message Board)


Posted by: SOT

Was contacted by a person today, just moved to MA and has all kinds of "stuff". I know how to handle the guns as they apply for the Class A but do not know what to tell him with regards to some of the other weapons he has that are not OK in MA.
Included:
Brass knuckles
Lead Sap
batton/nunchaku

Any help would be appreciated. Evidently these were legal in his old state, but not here.



Posted by: laxball33

Tell the guy to bring them down the station and then you'll have some new toys to play with for the new year.



Posted by: SOT

I'm not a cop, I'm a gun dealer. I don't think I can take them into inventory because they are just "illegal" in MA.



Posted by: laxball33

Oh, then I would just tell him to bring them to the local pd if he is that worried about having them. They'll definitely take them off his hands. If I were you I wouldn't touch them. You wouldn't want to do anything that could screw up your licensing if someone were to find them at your shop.



Posted by: copcar65

While I wouldn't reccomend it, he could keep them legally in his house. The statute "clearly" states they are only illegal when carried on your person or under your control in a car. The town next to us went to a guys house to interview him, they noticed throwing stars on the table. He also had a switchblade in his desk so they locked him up. At trial they had trouble with the "on your person or under your control in a car element." They tried to argue the statute meant under your control anywhere but lost. The court pointed out it is a carrying offense not a possession offense. I think Scheft's material explains it the same way.
Turn them into the local PD. I'd call and ask how they want them turned in. You don't want to walk in the front door only to get arrested because you are carrying the dangerous weapons. We would go to the residence and pick them up.



Posted by: HELPMe

Quote:
Originally Posted by copcar65
While I wouldn't reccomend it, he could keep them legally in his house. The statute "clearly" states they are only illegal when carried on your person or under your control in a car. The town next to us went to a guys house to interview him, they noticed throwing stars on the table. He also had a switchblade in his desk so they locked him up. At trial they had trouble with the "on your person or under your control in a car element." They tried to argue the statute meant under your control anywhere but lost. The court pointed out it is a carrying offense not a possession offense. I think Scheft's material explains it the same way.
Turn them into the local PD. I'd call and ask how they want them turned in. You don't want to walk in the front door only to get arrested because you are carrying the dangerous weapons. We would go to the residence and pick them up.

I agree. I was always told that you could possess them if you are a collector but they had to be in a case or some type of display and not readily accessible. Obviously if they were on his person or in his immediate pocession that would warrant concerns and action be taken. Also take into account previous history if he has a BOP or any a&b or a&b dw etc. However, he appears to want to do the right thing by asking you.





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