Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

MA: Man faces Charges for Self Defense With Inherited Gun
Gun Watch ^ | 25 August, 2014 | Dean Weingarten

Posted on 08/26/2014 11:59:12 AM PDT by marktwain

The development is about 15 years old


One of the major reasons for those who push for a disarmed population to desire the registration of all firearms is that it makes the ownership of the means to self defense contingent on government approval.  This is the philosophy that "everything that is not permitted is forbidden", rather than the standard English/American philosophy that "everything that is not forbidden is allowed".  It is an enormous difference in perspective. 

In Revere, Massachusetts, a homeowner evicted from a party after getting in a fight.   He returned with his 50 year old step father.   From wcvb.com:

After he was kicked out of the party, he returned to the home with his 50-year-old stepfather and they started striking the residence with rocks and baseball bats, officials said.

The 77-year-old homeowner, Robert Distefano, fired at the two men when they approached him, according to authorities.

The 21-year-old suffered critical injuries but is expected to survive, and the 50-year-old man also suffered non-life-threatening injuries.

Distefano is not facing charges related to the shooting but will be arraigned Monday for unlawful possession of a firearm within in his home because he used a deceased relative's handgun, officials said.
Once it is clear that ownership is contingent on government approval, then the restrictions on approval can gradually be increased to reduce the number of firearm owners.   This is already underway in Massachusetts.

It is not clear that Massachusetts requires registration of firearms, but a permit is required to merely possess a firearm.   State law used to require permits to purchase or possess firearms be issued for long guns; a recent change in the law now gives judges the authority to forbid possession of all guns if requested to do so by a police chief.   The law is very recent, and there will be court cases to clarify it, no doubt.

In this case, Mr. Distefano is facing charges because he did not jump through the legal hoops required of him by state law, in order to exercise his rights.  If you have to ask the government for permission to do something, it is no longer a right.  

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: banglist; defense; license; ma
A license to own a guns sounds like an infringement to me.
1 posted on 08/26/2014 11:59:12 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

Those don’t look like houses, they look like barns. Cookie-cutter barns. Reminds me of the song, “Little Boxes” by Malvina Reynolds the theme song to the t.v. show “Weeds”.


2 posted on 08/26/2014 12:03:24 PM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The fee to apply (and probably get turned down) is $150 in massachusetts.


3 posted on 08/26/2014 12:13:00 PM PDT by glorgau
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
If it was legal to shoot, does it really matter which gun he used?
In MA, the cops would have preferred he did not take it in his own hands to defend his property.

4 posted on 08/26/2014 12:19:28 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
[ Post Reply | Private Reply | To 1 | View Replies]

To: glorgau

When universal background checks loom on the horizon, it’s time to write up bills of sale to your heirs.


5 posted on 08/26/2014 12:21:29 PM PDT by rickomatic
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain

Well, he’s alive....


6 posted on 08/26/2014 12:55:22 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The left doesn’t want honest, non-violent citizens to be able to defend themselves.
At the same time, they deliberately and intentionally leave guns in the hands of violent criminals.


7 posted on 08/26/2014 1:54:03 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
In Revere, Massachusetts, a homeowner evicted from a party after getting in a fight. He returned with his 50 year old step father.

Typical Liberal.

After behaving badly at someone else’s home he is told to leave.

The miscreant goes home and tells his dad (21 years old and not yet grown up).

The dad not believing that his angelic son could have done any wrong takes up his son’s cause to avenge the wrong done to his son returns to afore mentioned home to hurl rocks at the evil doers.

Whatever happened to responsible parenting? What happened to wringing the truth out of your kid and forcing him to take responsibility for his actions? Not only did this fool not correct his son he joined in the foolish behavior.

Personal responsibility is a thing of the past for Libs.

I would have told my son that he needed to personally apologize to the home owner for his bad behavior.

8 posted on 08/26/2014 2:36:21 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

“Once it is clear that ownership is contingent on government approval, then the restrictions on approval can gradually be increased to reduce the number of firearm owners. This is already underway in Massachusetts.”

Not true. The Massachusetts-based Gun Owners Action League (GOAL) recently secured a substantial gain in the legislature, as politicans bowed to the weight of public opinion among an increased number of firearms owners.


9 posted on 08/27/2014 4:10:13 AM PDT by Jack Hammer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jack Hammer
I was under the impression that last year, long gun ownership was “shall issue”, and that now it is contingent, to some extent, on permit issuer's discretion.
10 posted on 08/27/2014 1:27:47 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: marktwain

This language was removed from the bill at the eleventh hour, and a great many very positive changes were incorporated into the final bill to make life much easier for Massachusetts gun owners.

In fact, due to heroic efforts on the part of the Gun Owners Action League (GOAL) what started out as an anti-gun bill was gradually altered to make it a pro-gun bill.

Now, if any Chief of Police anywhere in Massachusetts denies a permit for a long gun to anyone in the Commonwealth for any reason whatsoever, he has to go to court and prove why it’s necessary. This is virtually a “shall issue” policy.

See here: http://goal.org/alert-defeat-chapter-180-part2.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+GoalNews-GunOwnersActionLeague+%28GOAL+News+-+Gun+Owners%27+Action+League%29


11 posted on 08/27/2014 5:22:26 PM PDT by Jack Hammer
[ Post Reply | Private Reply | To 10 | View Replies]

To: Jack Hammer

Who gets to chose the judge?


12 posted on 08/27/2014 6:16:31 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: marktwain

You need to have a permit to posess a handgun. There is also an FID card if you wish to own a long rifle. The handgun permit allows both.

Issuance of a permit is on a “May issue” from the chief of police. That permit may include restrictions such as not being able to carry concealed.

I know...it’s BS. But it’s Mass.


13 posted on 08/27/2014 6:24:49 PM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

I see your point, but most Chiefs of Police will be deterred by the knowledge they may actually get a fair-minded judge who’ll decide against them - and they’ll be very reluctant to deny an FID to anyone, simply to spend all that time and energy for nothing.


14 posted on 08/27/2014 6:38:56 PM PDT by Jack Hammer
[ Post Reply | Private Reply | To 12 | View Replies]

To: Jack Hammer
-- fair-minded judge --

That right there is an oxymoron - when the issue is the right to keep and bear arms. The courts are generally hostile to the right to keep and bear arms. Chiefs of police have only a slim risk of being overturned.

15 posted on 08/27/2014 6:57:07 PM PDT by Cboldt
[ Post Reply | Private Reply | To 14 | View Replies]

To: Cboldt

I can see you’re an optimist.

There are, actually, a great many judges who take their job seriously.


16 posted on 08/27/2014 7:00:29 PM PDT by Jack Hammer
[ Post Reply | Private Reply | To 15 | View Replies]

To: Jack Hammer
Yeah, well, the federal (Circuit) courts have no problem with Washington DC's registration scheme, which is onerous (IMO), and have also upheld bans on "assault weapons" and magazine with capacity greater than 10. Appealed to SCOTUS, which declined to get involved.

Yeah, I think they take their job seriously. But they are hostile to the right to keep and bear arms, by and large.

Massachusetts rescinded the "issued for life" status of ownership permits too. I don't think the fallout from that is complete, just yet.

17 posted on 08/27/2014 7:12:59 PM PDT by Cboldt
[ Post Reply | Private Reply | To 16 | View Replies]

To: Cboldt

You’re right - Massachusetts is far from a gun owner’s paradise.

Everyone knows it, and no sane person would argue the contrary.

However, the bill passed this summer was a net gain, no question - and that’s a considerable triumph for GOAL considering that the bill started life as a gun owner’s nightmare.


18 posted on 08/27/2014 7:41:04 PM PDT by Jack Hammer
[ Post Reply | Private Reply | To 17 | View Replies]

To: Jack Hammer

I don’t dispute the conclusion that the legislation was improved. My point was that faith in the judiciary to support the RKBA is misplaced. The legislature, judiciary and executive (governor/police, etc.) swap places as to which will play the heavy against the RKBA. Getting a “gain” from one branch is illusory success.


19 posted on 08/27/2014 7:49:25 PM PDT by Cboldt
[ Post Reply | Private Reply | To 18 | View Replies]

To: Cboldt

I don’t disagree with you.

I’m just saying that there are still judges who will listen to a case on its merits without prejudice for or against.


20 posted on 08/28/2014 12:53:53 AM PDT by Jack Hammer
[ Post Reply | Private Reply | To 19 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson