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Cop drives off with gun on his roof

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


Posted by: USMCTrooper

By Jenna Wolf
Sunday, November 20, 2005
Note to self: Gun in holster, coffee on car roof. A Quincy police officer apparently could use that little reminder - he ditzily left his gun on top of his car and drove off last month.
Declan Breslin received just a slap on the wrist for losing his firearm, being placed on desk duty for several days, according to the Patriot Ledger.
The gun was found less than 30 minutes later by officers investigating a car crash in Quincy Center.
This is the second time in a month a Bay State officer has misplaced his weapon. A part-time Plymouth County sheriff’s deputy was fired last week after leaving his gun in a Pembroke Dunkin’ Donuts. Deputy Robert Greek could not find the gun when he returned to the shop 45 minutes later. It was later recovered by Scituate police, who revoked his gun license. The sheriff’s office then fired him, the Ledger reported.
State law requires gun owners to keep their weapons secure at all times. Local police have a right to revoke an owner’s gun license if the law is violated. But Quincy police Chief Robert Crowley told the Ledger Breslin wasn’t fired because he is a “superb” cop.
A Quincy Police Department employee said Crowley was unavailable to comment yesterday.



Posted by: Barbrady

Another police officer loses gun; Quincy policeman drives away with weapon on the roof of his car

By CHRISTOPHER WALKER
The Patriot Ledger


QUINCY - A Quincy police officer lost his department-issued gun apparently after driving away without realizing he had placed the weapon on the roof of his car, officials said.

The officer, Declan Breslin, was reprimanded and placed on desk duty for several days as punishment for losing his weapon, which was picked up by other Quincy police officers who were investigating a car crash last month in the same area the gun was dropped, Police Chief Robert Crowley said.

The incident marks the second time in a month that a local public safety official has lost his handgun, but with drastically different results. Last week, a part-time Plymouth County sheriff’s deputy was fired for a similar mishap after leaving his gun in the restroom of a Pembroke Dunkin’ Donuts.

The deputy, Robert Greek, returned to the doughnut shop less than 45 minutes later, but the weapon was gone. When the gun was recovered, Scituate police revoked Greek’s license to carry a firearm, which prompted the sheriff’s department to fire him.

Not keeping a gun secure is a state crime and is grounds for local police to revoke a gun license.

After speaking to Breslin’s supervisors, Crowley decided to issue him a formal reprimand and place him on restricted duty for a short time.

‘‘We took into account his performance on the job, which has been superb,’’ Crowley said.

Crowley has been sharply criticized by gun owners for a tough policy on issuing gun permits to residents, and one advocate suggested that the punishment given to the Quincy officer shows a ‘‘great double-standard.’’ James Wallace, the executive director of the Gun Owners’ Action League, said the punishment given to Breslin isn’t the problem, saying he’d hate to see a police officer’s career harmed for what was clearly an accident.

‘‘But I’m certain in my heart that if this was one our members, not only would they have lost their license, but they would have been brought up on criminal charges by the chief,’’ Wallace said.

The gun was found less than 30 minutes after it fell from Breslin’s car near the intersection of Franklin and Water streets in Quincy Center, Crowley said.

At first, investigators thought a drunken-driving suspect who fled the scene of the crash may have thrown the gun out the window of the van he was driving. The handgun was found by the alleged victim of the crash, who saw the weapon in the street and kicked it to the side of the curb.

A check of the gun’s serial number showed that it was not reported lost and stolen, and it was quickly traced to Breslin, who was appointed a police officer in 2003. Crowley said Breslin was in the area caring for an ill family member while off-duty and packing his belongings into his car when he left the gun on his car’s roof.

Christopher Walker may be reached at cwalker@ledger.com.

Copyright 2005 The Patriot Ledger
Transmitted Saturday, November 19, 2005



Posted by: shark1

Why does this have to make the paper? Who tells the news media? This incident was over a month old!



Posted by: JoninNH

Duplicate. http://www.masscops.com/forums/showthread.php?t=8995

<Done. Threads Merged; KK>



Posted by: mpd61

What's the big deal?

Come on................You've all done it before!



Posted by: id1811xecj

Quote:
Originally Posted by USMCTrooper
By Jenna Wolf
Sunday, November 20, 2005
Note to self: Gun in holster, coffee on car roof. A Quincy police officer apparently could use that little reminder - he ditzily left his gun on top of his car and drove off last month.
Declan Breslin received just a slap on the wrist for losing his firearm, being placed on desk duty for several days, according to the Patriot Ledger.
The gun was found less than 30 minutes later by officers investigating a car crash in Quincy Center.
This is the second time in a month a Bay State officer has misplaced his weapon. A part-time Plymouth County sheriff’s deputy was fired last week after leaving his gun in a Pembroke Dunkin’ Donuts. Deputy Robert Greek could not find the gun when he returned to the shop 45 minutes later. It was later recovered by Scituate police, who revoked his gun license. The sheriff’s office then fired him, the Ledger reported.
State law requires gun owners to keep their weapons secure at all times. Local police have a right to revoke an owner’s gun license if the law is violated. But Quincy police Chief Robert Crowley told the Ledger Breslin wasn’t fired because he is a “superb” cop.
A Quincy Police Department employee said Crowley was unavailable to comment yesterday.
There but for the grace of god go I



Posted by: 94c

Quote:
Originally Posted by shark1
Why does this have to make the paper? Who tells the news media? This incident was over a month old!
You want to piss off the media, don't talk to them. It cuts off their blood supply.
Of course, we have cops who think the media is their friend when they suck up to them.

When it comes to stories like this, we can look no further than our own backyards.



Posted by: Foxracingmtnridr

I'm just curious why his gun was on the roof of his car to begin with.

Scott



Posted by: Irish Wampanoag

LOL Now it's the media's fault !!!!
I didnt hear any criticisms of the media when the sheriff lost his gun in the bathroom. That poor fool lost his job. This jack ass got a 3 day vacation



Posted by: 94c

Quote:
Originally Posted by Irish Wampanoag
LOL Now it's the media's fault !!!!
I didnt hear any criticisms of the media when the sheriff lost his gun in the bathroom. That poor fool lost his job. This jack ass got a 3 day vacation
and why is the deputy a poor fool and the QUINCY officer a jack ass?



Posted by: Curious EMT

Quote:
Originally Posted by 94c
and why is the deputy a poor fool and the QUINCY officer a jack ass?
I cant answer for Irish...

But why the outcomes?
One earned his job, and deserves his badge...
The other bought it, and apparetnly didn't do anything to keep it....



Posted by: HousingCop

Irish & Fox,
Does either of you happen to know this guy? I do, personally & professionally. The man had over 18 years as a cop before he was appointed to this job in Quincy. Has made over 2 dozen gun arrests. He's had guns pointed at him several times and countless drug pinches. Seems to me the members of this board making the biggest bitch seem to be non-cops or short timers on the job. Just wait, your day will come & hopefully it isn't in the papers or on Fox25 news like this non-incident was.
The man is caring for a sick relative and was probably changing from a duty belt to an off duty rig. It has happened to the best of us. Don't judge this man on one momentary lapse of forgetfullness. Today it was his turn, tomorrow it may be your turn. I hope not, but as we have seen in here before, cops are our own worst enemies. The blue line yet again becomes thinner.
HC



Posted by: Se7en

When I first read the article I thought the guy may be a dumbass for misplacing his gun. However after a brief second or two, I thought if I posted a wise ass comment like that, then I would be the next one to forget my gun in a common area. From what little I read that was posted here, the Officer is a good cop and his punishment was fair.



Posted by: mpd61

Seriously,

The main DIFFERENCE between Quincy Cop and Plymouth Deputy is status:

One is Tenured Civil Service/Union guy= protection
One is Part-time political position= bye bye!

Aside from that, Irish you old dog you....You know somebody who left his gun out too huh!?




Posted by: Irish Wampanoag

Quote:
Originally Posted by mpd61
Seriously,

The main DIFFERENCE between Quincy Cop and Plymouth Deputy is status:

One is Tenured Civil Service/Union guy= protection
One is Part-time political position= bye bye!

Aside from that, Irish you old dog you....You know somebody who left his gun out too huh!?

Actually I know several officers who have left their guns out which nothing was said or done to them.



Posted by: Pacman

We are our own worst enemies, how did the media get a hold of this info? Think on that.



Posted by: MSP75

The public always talk about the "code of silence", but no one runs the mouth and gossips more than a cop.



Posted by: Wolfman

HC!!! Where you been, thought we lost you!



Posted by: Delta784

Quote:
Originally Posted by Pacman
We are our own worst enemies, how did the media get a hold of this info? Think on that.
The Chief has a direct pipeline to the Patriot Ledger, it's no secret.

This officer made a mistake, which any of us are capable of doing. As HousingCop mentioned, he has a lot on his plate right now, caring for a very sick relative, and I can promise you no one was more horrified about this than him.



Posted by: chief801

A case of someone who has done this a long time becoming too familiar with his tools and through a momentary mental lapse, lost respect for the importance of his firearm. Not excusing it, but it happens. I have heard of, and seen, officers forget their weapons in the bathroom, locker room, etc. I once again point to training. We ALL need to check and double check ourselves daily so that this doesn't happen to us. Personally, I make every effort to unload, load, etc. in the same manner, in the same location daily so that doing so elsewhere feels foreign and I triple check myself. Develope GOOD habits to minimize mistakes.

As far as the media goes, we do more damage trying to hide things rather than admit that we occassionally screw the pooch! Hats off to Crowley for not going after this guy with both barrels! There are many out there that would have. No matter how you slice it, this was a serious incident that could have been career ending/life ending if the gun ended up in the wrong hands. A couple of days off does not sound unreasonable...



Posted by: j809

Quote:
Originally Posted by chief801
A couple of days off does not sound unreasonable...
Especially if it's a weekend.



Posted by: Ron816

Quote:
Originally Posted by shark1
Why does this have to make the paper? Who tells the news media? This incident was over a month old!
The reason why it was leaked to the media was because of Chief Crowleys stance on holding the general public to a higher standard than his own men. Since Crowley took over as licensing authority,his was downgrading people from all lawful to target and hunting or business use only. He said publically that a citizen must have a better reason than claiming self defense before he will issue a LTC for all lawful purposes. He revoked licenses even though there were no statutory disqualifications, he simply used the unsuitable clause which is in the law. Do you remember several Quincy Police Officers where disciplined for discharging there firearms in 2003 at Quincy's Marina Bay, only to result in suspensions.There is no doubt that Declan is a good cop, but you cannot have a double standard when it comes to issues like this. You can say whatever you want , but the fact is that if this was a civilian they would have lost there license and would have been charged.



Posted by: jo

j809

You would have thought that his sixth sense would have told him that the gun was on the roof.



Posted by: mpd61

j809,

Theres a guy who brings alot of experience here. Town Special, State Special, Municipal................
I wonder if his wife will let him jump to the MSP? What do you think Macop!



Posted by: jo

I am not kicking the poor guy who ended up in the media for forgetting his weapon. That just sucks, and could be done by any one of us who carry day in and day out. But if it had been a deputy, guys like j809 and 94c would have been all over the deputy with their "making the cut" and "sixth sense" comments.



Posted by: Delta784

Quote:
Originally Posted by Ron816
The reason why it was leaked to the media was because of Chief Crowleys stance on holding the general public to a higher standard than his own men. Since Crowley took over as licensing authority,his was downgrading people from all lawful to target and hunting or business use only. He said publically that a citizen must have a better reason than claiming self defense before he will issue a LTC for all lawful purposes. He revoked licenses even though there were no statutory disqualifications, he simply used the unsuitable clause which is in the law. Do you remember several Quincy Police Officers where disciplined for discharging there firearms in 2003 at Quincy's Marina Bay, only to result in suspensions.There is no doubt that Declan is a good cop, but you cannot have a double standard when it comes to issues like this. You can say whatever you want , but the fact is that if this was a civilian they would have lost there license and would have been charged.
Ron.....we don't like Crowley any more than you do. A lot less, in fact. You do yourself no favors when you take a shot at us, thinking you're going to get to Crowley.

Remember the old saying...."Any enemy of my enemy is a friend of mine".



Posted by: j809

Quote:
Originally Posted by jo
I am not kicking the poor guy who ended up in the media for forgetting his weapon. That just sucks, and could be done by any one of us who carry day in and day out. But if it had been a deputy, guys like j809 and 94c would have been all over the deputy with their "making the cut" and "sixth sense" comments.
I love everybody, just don't mess with my $.



Posted by: Ron816

Quote:
Originally Posted by Delta784
Ron.....we don't like Crowley any more than you do. A lot less, in fact. You do yourself no favors when you take a shot at us, thinking you're going to get to Crowley.

Remember the old saying...."Any enemy of my enemy is a friend of mine".
I'm not taking shots at you guys I'm just stating facts. Why is it every time a situation like this happens, an officer is given the benefit of the doubt when a civillian is not? I think that these officers where treated fairly, I would like to see the same consideration given to a civilian. Here's another example of double standards. If a civilian is subject to a 209A he/she must immediately surrender their firearms as well as there license. If an officer is subject to a 209A he is not required to turn in his firearms/license immediately, he can have a review with the chief and the chief may allow him to carry on the job. Tell me this isn't a double standard. Civilian is gulity until proven innocent, officer is innocent until proven guilty.



Posted by: Delta784

Quote:
Originally Posted by Ron816
I'm not taking shots at you guys I'm just stating facts. Why is it every time a situation like this happens, an officer is given the benefit of the doubt when a civillian is not? I think that these officers where treated fairly, I would like to see the same consideration given to a civilian. Here's another example of double standards. If a civilian is subject to a 209A he/she must immediately surrender their firearms as well as there license. If an officer is subject to a 209A he is not required to turn in his firearms/license immediately, he can have a review with the chief and the chief may allow him to carry on the job. Tell me this isn't a double standard. Civilian is gulity until proven innocent, officer is innocent until proven guilty.
Know what you're talking about. Police officers most certainly are required to surrender all firearms upon being served with a protective order. I've been there when police officer's firearms have been confiscated.

ANYONE (civilian or police) served with a protective order, whose employment is dependent on carrying a firearm or having an LTC, is entitled to a court hearing within 3 days of being served.



Posted by: Ron816

Quote:
Originally Posted by Delta784
Know what you're talking about. Police officers most certainly are required to surrender all firearms upon being served with a protective order. I've been there when police officer's firearms have been confiscated.

ANYONE (civilian or police) served with a protective order, whose employment is dependent on carrying a firearm or having an LTC, is entitled to a court hearing within 3 days of being served.
You are 1/2 right, yes you are entitled to a court hearing civilian or officer, but the difference is if the chief feels the officer is suitable in his eyes and the officer has not been charged, the chief can under his power allow under certain circumstances the officer to keep his weapon. Ron Gliddon is chief in Lee MA and he sits on the firearms review board and has written a book on interpreting Massachusetts firearms laws and during a presentation this very question came up and indeed the chief can allow the officer to keep possesion of his firearm while on duty. I am not here to agitate anyone just giving my opinion and stating facts,so before you jump down my throat get your facts straight.



Posted by: Delta784

Quote:
Originally Posted by Ron816
You are 1/2 right, yes you are entitled to a court hearing civilian or officer, but the difference is if the chief feels the officer is suitable in his eyes and the officer has not been charged, the chief can under his power allow under certain circumstances the officer to keep his weapon. Ron Gliddon is chief in Lee MA and he sits on the firearms review board and has written a book on interpreting Massachusetts firearms laws and during a presentation this very question came up and indeed the chief can allow the officer to keep possesion of his firearm while on duty. I am not here to agitate anyone just giving my opinion and stating facts,so before you jump down my throat get your facts straight.
Get YOUR facts straight.

A Chief of Police cannot overrule a judge's order, which is exactly what a protective order (208 or 209A) is. The only way a police officer who is served with a protective order can possess a firearm is if a judge amends the order.



Posted by: Ron816

Quote:
Originally Posted by Delta784
Get YOUR facts straight.

A Chief of Police cannot overrule a judge's order, which is exactly what a protective order (208 or 209A) is. The only way a police officer who is served with a protective order can possess a firearm is if a judge amends the order.
It's great when a cop doesn't know the law.



Posted by: chief801

209A violation means that an individual must surrender his weapons and LTC. This includes the duty weapon, unless it is being carried while on duty. Officers may be issued their weapon for their tour of duty, but must surrender it at the conclusion of the shift. Personally, I would not issue the weapon, even for duty, until the 209A issue is cleared up (for obvious liability isssues).

That is my understanding of the process according to Chief Glidden's presentation at a Mass Chiefs meeting.




Posted by: Delta784

Quote:
Originally Posted by Ron816
It's great when a cop doesn't know the law.
Show me the law, or case law, that allows a Chief to overrule a judge. I'm not talking about some Chief's opinion, show me the law.



Posted by: popo

Hey Delta, you seem to know everything on every subject. Hell, why don't you become Chief. With all that knowledge, you think that maybe you would have made Sergeant by now.



Posted by: Delta784

Quote:
Originally Posted by popo
Hey Delta, you seem to know everything on every subject. Hell, why don't you become Chief. With all that knowledge, you think that maybe you would have made Sergeant by now.
I have no interest in being a sergeant, but thanks for asking.



Posted by: 94c

Quote:
Originally Posted by Ron816
You are 1/2 right, yes you are entitled to a court hearing civilian or officer, but the difference is if the chief feels the officer is suitable in his eyes and the officer has not been charged, the chief can under his power allow under certain circumstances the officer to keep his weapon. Ron Gliddon is chief in Lee MA and he sits on the firearms review board and has written a book on interpreting Massachusetts firearms laws and during a presentation this very question came up and indeed the chief can allow the officer to keep possesion of his firearm while on duty. I am not here to agitate anyone just giving my opinion and stating facts,so before you jump down my throat get your facts straight.
The almighty chief is not more powerful than an almighty judge. A 209A carries with it a surrender order. the only person that can amend that order is the judge for employment purposes and only after a hearing. The chief has no authority to override a judge who would refuse to allow an officer his firearm while on duty, because he was "suitable in his eyes." WRONG

Furthermore, this has nothing to do with interpreting Ma. Firearms Law. It has everything to do with Chapter 209A

I have never met a chief that would allow someone to carry a firearm at all after a judge determined that he could not.



Posted by: chief801

The law states that LTC, FID, and all firearms under the control or posession of the defendent must be surrendered if the plaintiff demonstrates to the court, a substantial likelihood of abuse. The defendent may file an affadavit stating that he needs the weapon for employment, and is entitled to an expedited hearing within two days of the filing of the affadavit. Only after the hearing would the defendent have the ability to have is weapon re-issued. The chief may, at that point, re-issue the weapon, but I still would not issue the weapon until the whole restraining order is cleared up. The expedited hearing will only address the firearms issue, not the merits of the order.





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