Bad: Truro writer faces accusations concerning weapons

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Thread: Bad: Truro writer faces accusations concerning weapons

  1. #1
    VIP Member Array Janq's Avatar
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    Bad: Truro writer faces accusations concerning weapons

    As reported by the Cape Cod Times:

    Truro writer faces accusations concerning weapons

    By Mary Ann Bragg
    STAFF WRITER
    January 09, 2008

    TRURO An errant burglar alarm that went off the day after Christmas at a Longnook Road home has a well-known and controversial local resident over a barrel.

    Police found two illegal rifles and an illegal revolver and ammunition when they searched the home of writer Peter Manso on Dec. 27, while he was in California, according to court records.

    While no charges had been filed against Manso as of yesterday, he is facing accusations of criminal activity.

    Police allege Manso let his Massachusetts firearms identification card lapse in 2000 and that his license to carry a gun was revoked in 2000, according to court records.

    Manso said by phone yesterday that he had no comment until he returned home to Truro today. Truro police Chief John Thomas was not available for comment yesterday.

    A court officer in Orleans District Court issued the search warrant for Manso's 18 Longnook Road home after a Truro police officer during a walk-through of the house conducted because of the burglar alarm noticed a rifle sticking out of a closet in the master bedroom.

    The weapon a Browning BLR .22 caliber rifle was loaded and unsecured, according to court records. When the police called Manso in California to inquire about the rifle, he told them about other firearms in the house. Police also checked state records for whether he or the one other resident of the house had state-issued certificates to carry the weapons. No one did, court records indicated.

    The second rifle police found was a Colt AR-15 with ammunition. The handgun was a Smith & Wesson Model 36 revolver, also with ammunition, court records state.

    Manso, who has been twice nominated for the Pulitzer Prize, has written biographies of Marlon Brando and Norman Mailer. He has also irked and entertained readers with his book on Provincetown, "P-town: Art, Sex and Money on the Outer Cape." His book on the Christopher McCowen murder trial is due out this year. McCowen was convicted more than a year ago in the 2002 rape, murder and burglary of Christa Worthington, a former fashion writer and Truro resident.

    A court hearing on whether racial bias entered into jurors' deliberations in the McCowen case is set to begin tomorrow.

    Mary Ann Bragg can be reached at mbragg@capecodonline.com. Material from the Times archive contributed to this report.

    The article can be found at; CapeCodTimes.com - Truro writer faces accusations concerning weaponsbsb

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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  3. #2
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    Array P95Carry's Avatar
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    Poof - goes the 2A - yet again ......... sad that he has had to suffer breaking such crazy ''laws''.
    Chris - P95
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    Distinguished Member Array Chooie's Avatar
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    This is utterly ridiculous. What probable cause did the investigating officer have to go through the guys closet?

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    Member Array mslaughtertx's Avatar
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    They will probably try to use the fact that he had rights to enter to investigate the alarm and stumbled on the weapons. In Texas that would not fly and our DA would laugh in our face.

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    Member Array Arisin Wind's Avatar
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    Closets are were BG's hide when the police come.

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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by mslaughtertx View Post
    They will probably try to use the fact that he had rights to enter to investigate the alarm and stumbled on the weapons. In Texas that would not fly and our DA would laugh in our face.
    In Texas you don't need any stinking permit or whatever to have a gun, loaded or not, or ammunition in your home. That is the ridiculous part of the whole thing.

    And people talk about Kaliforniastan, lets see Massalostyourrights, works for me. Bad thing is that it isn't funny at all.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Distinguished Member Array lacrosse50's Avatar
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    You need a "state-issued certificate" to own a .22? Or anything else for that matter? If I'm reading that right it sounds like one heck of a law . If I'm not reading it right, please correct me

    As far as having the guns unsecured with ammo loaded and/or within easy reach....thats just dumb. Even if you don't have kids, dogs (a dog shot his owner recently; police suspect it may have been over kibble dispute) or some other in-house reason to secure them, you also need to think about theft, fire, and a myriad other reasons to protect your guns.
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    Like Illinois, Mass. requires a Firearms Owners Card or ID (FOID in Ill.)

    Without a valid one you may not possess firearms. Not sure on the ammunition, but you may also need the card for that as well.

    Should be interesting to see how it plays out for a guy who is a celebrity, but has written unflattering books about the area. I'm thinking this doesn't end well for him.

    On a side note wasn't Truro, Mass. where K retired after leaving MIB?
    Procrastinators are the leaders of tomorrow.

  10. #9
    VIP Member Array Janq's Avatar
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    Correct Slaughter and Scott.

    Probable cause toward entry was the home burglar alarm went off indicating trouble. The officer who responded was proper and lawful to enter and conduct a search.
    During his search he located the .22 rifle stored unlawfully per MA state law with no trigger disablement or stowage in a durable lockable container. As well it was stored loaded which is unlawful. Further possession of a firearm _and_ ammunition in the state of MA requires the possessor (not just owner) to him/herself possess a state issue permit of varying degrees dependent on the type of firearm. Possession of ammunition requires at a minimum a state issued FID (Firearms Identification Card) to purchase and/or transfer (as recipient) and/or possess ammunition of any sort. The only exceptions to these rules are air powered guns which are not considered by state law to be firearms (town law in Springfield, MA differs from this) and pellet or BB ammunition for said air guns are also not regulated not requiring a permit to purchase or possess.
    The guy has further problems with the revolver and that the AR is a longgun and in MA to possess such a device requires a higher than FID level 'LTC-B' aka 'License to Carry - Hunting & Sporting' grade permit. An FID allows a resident to purchase and possess "non-large capacity" firearms as well as ammunition and chemical defensive spray. The .22 rifle falls under this because it is not considered to be a large/high capacity device. To possess a large capacity rifle or shotgun and _all_ handguns one must have an LTC-B permit at a minimum. Also if the magazine for the AR was high capacity having capability to handle greater than 10 rounds then he must have a top level LTC-A ('All Lawful Purposes') state issued permit to boot.
    Dude is in deep trouble.

    Not to mention it was not wise to leave any weapons sitting around the house as they were in such a state of storage.
    What if his house had actually been burglarized? If the cop had been a criminal he would have located these arms and there would be additional arms on the street with ammo, and Truru would by state law be liable for _any and all_ damages that might occur as result of another person making use of his firearms including being liable for personal injury and other crimes commited by said post theft BG or subsequent transferees.

    Lessons learned:
    Be aware of your state laws and follow them to the letter.
    Don't leave firearms sitting out and around 'stored' either unattended or either not disabled or stored in a locked container.
    When the cops call you and start asking about your possession of firearms, invoke the the fifth and state that you will have your attorney return their call to answer any further questions.
    Don't be this guy...stay on top of your gun permit renewal deadlines.

    In MA a single firearm charge is reasons for automatic and _lifetime_ denial/suspension of your 2A rights, not to mention heavy fines and incarceration.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by Janq View Post
    In MA a single firearm charge is reasons for automatic and _lifetime_ denial/suspension of your 2A rights, not to mention heavy fines and incarceration.

    - Janq
    But on the plus side, you can drive drunk, run off the road and drown your passenger, and not face any pesky consequences at all!


  12. #11
    Distinguished Member Array sniper58's Avatar
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    Geez....we're playing "Mother May I" with our 2A rights.......again.
    Tim
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  13. #12
    Distinguished Member Array LenS's Avatar
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    Janq, two points of correction to what you posted, if I may.

    - MGL is "silent" on storage of loaded guns in a residence. [Just for clarity: Loaded is illegal in a moving vehicle unless it's a handgun AND "in control" of a licensed person. No long guns can be loaded in a vehicle at any time (hunting laws).] As you stated, MGL requires that the guns be locked up or with trigger (or similar) lock when stored in a home.

    - LTC-B allows possession of ANY legal long guns (even AR) and low-capacity handguns. So that would be all that he'd need.

    -----------------

    Some other points wrt the article/issue:

    - Guy is downright stupid to admit to criminal activity to the cops on the phone!

    - Cops are within their rights to enter and investigate an alarm. When they found the gun, it's reported that they went to get a search warrant, thus making their findings/evidence perfectly legal and "by the book". The guy is screwed!

    - MGL makes an "expired permit" a civil fine if you still possess guns/ammo. Only criminal if revoked or denied (almost positive of this one) and you still possess either. Article says his FID was expired BUT his LTC was REVOKED. Thus, he can face a civil fine for the .22, but it goes to criminal (felonies) for the AR and revolver. Since possession of ammo in MA requires a permit, unsure if that is chargeable here or not (don't recall status with expired FID).

  14. #13
    VIP Member Array Janq's Avatar
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    LenS,

    On the first point you are correct, the MGL is 'silent' on it.
    But GOAL strongly advises to play it safe to that end toward home storage and same toward storage in ones vehicle such as dumping your mag upon toward storage prior to entering a post office or some other unlawful site. They suggest remove all rounds from the magazine and store the magazine and loose ammo away from the pistol.

    On the second item correct.
    I had stated that if the AR had had a magazine of capacity greater than 10 rds. he would then require an LTC-A. Prior to that statement I'd said that the AR it self is covered under an LTC-B.

    Agreed very much, this guy was incredibly stupid to admit to committing a crime. He was boned regardless though for the reasons you and both cited.
    But still do not admit to jack. Loose lips sink ships, and stuff.

    I'll be following this case to see if he gets off light, unlike you or I would who are less so 'famous' or wealthy.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Distinguished Member Array LenS's Avatar
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    Janq,

    Hi-cap rifle/shotgun mags only require LTC-B (just like the rifle/shotgun they go with). LTC-A only is required for hi-cap pistol mags (or pistols that are listed as such). Since almost all chiefs issue LTC-As (even if restricted), it is a moot point to most folks with permits in MA.

    Hmm, I never heard that (wrt dumping mags for storage) from GOAL. I'll have to ask . . . I need to call Nancy tomorrow on another item anyway.

    Regardless of any laws, my personal opinion is that it is unwise to leave loaded guns in an empty house (even if trigger locked) unless in a safe. [Before I was a gun owner, I once came home to a burglarized home . . . they headed out into the woods as I backed up the driveway! I would never want to face one of my guns pointed at me in such a situation (even if the law here didn't exist).]

    Yes, the privileged oftentimes do get nothing more than a slap on the wrist (e.g. Ronan <sp?> in DC many years ago with his illegal gun), if that.

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    VIP Member Array Janq's Avatar
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    LenS,

    I talked to Nancy about as much last May or June '07 toward specifically the instance I cited.
    Reason being is that the information I'd been provided by my MA LTC instructor toward as much ran counter to the MGL and I'd wanted clarification and/or substantiation of his position via relevant case law.

    As to hi-cap you're right with regard to pistols but I could have sworn that same applied to rifle magazines as well, though obviously not shotgun magazines as they are attached and detachable magazine type shotguns are unlawful in MA per their following of the pre-expiration AWB regs.
    I don't believe there is a stated separation on the highcap magazine item between pistol as opposed to rifle. But I could be off on that. Let me know what Nancy says when you talk to her.

    In DC that incident with Carl Rowan was a shame.
    He didn't get extended jail time though they did keep him in lockup over night prior to posting bail. Still though his firearm was an antique but they took it, fined him heavily, charged him with a misdemeanor, and he his good name was run through the mud publicly to his embarassment. All because he wanted to defend himself and his home against his crack head intruder son who had broken in toward an attempt to rob him. He didn't get jail but I wouldn't call his results a slap on the wrist. He got spanked. :(

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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