Colduglandon
New member
Got this from a fellow gun owner in Mass. Thought you would like to see what happens in the birthplace of the American Revolution.
From: "Russlin Saw Co." <russlin@shaysnet.com>
Subject: Felony charge for self-defense
The attachment is my letter to the western Mass. State Police CO. My wife
was attacked by a driver in an eighteen-wheeler, and almost run off the
road. As he was coming after her for the fourth time, she pulled her .38
from her purse, still in the holster, and laid it against the steering
wheel. Linda has a class 1 carry PERmit, has had for 'bout 10 years. At no time did she attempt to
remove the gun from the holster, nor did she point the gun at the
trucker. The display had exactly the desired effect,
the trucker backed off immediately. She then pulled into the first place
with people and a phone, and the trucker took flight.
She then called the Shelburne State Police barracks, next down the
road, and told
them what had transpired. The reaction from the Trooper there was, "Oh you
should'nt have done that! HE COULD FILE A COMPLAINT AGAINST YOU." Took her
three minutes to get him around to the actions of the trucker, that MAYBE
the State Cops should be looking for that particular fool. So on she
goes, keeping a wary eye out for the truck, and four miles later pulls
into a country store parking lot because there are two cars riding her bumper;
turns out that they are two female state cops, and they start yelling at
her, "Is there a gun in your vehicle,???Is there a gun in your
vehicle!!!" (In
Mass. the mere presense of a firearm in a car does NOT constitute
"Probable cause" that a crime has been committed.) It seems that the trucker
pulled up o them, and stated that "...there was a lady back there that waved a gun
at me." Acting solely on that, the Troopers asked her to get out, asked
if she would consent to a
search of the vehicle, she said No, and they did it anyway! Found
nothing of course. The gun was in plain view on the driver's seat.
After a 'pat down' search of my wife, a search of her coat, and the
illegal search of the car, about this time a North Adams Detective shows
up, and begins to berate her, and asks her what she did to PISS HIM OFF,
meaning the trucker. (!!!) He then tells her, "Oh, you can't have a loaded
gun in the car." (When That detective talked to our GOAL-recomended lawyer
the next day,
this gomer stated that he "...didn't know much about the gun laws." In
Mass., if you have a carry PERmit. you can have the gun sitting on your
dashboard if you want, as long, I must add, as you are the only one in the
vehicle. Otherwise, you must have the gun, "Under your control." Vague-but
then most of the gun laws are purposely that way, thereby open to
misinterpretation, usually by the 'Law'.
So now these two Troopers think they have something. They
MIRANDIZE my dear wife, and the detective, (and I use the term only as an
identifier) reaches into the car, takes the gun off the seat, and hands it
to one of the Troopers! He heads out, and the Troopers tell Linda that she
is free to go, essentially turning her back on the road..... defenseless.
She told them that if they were going to keep her gun, that she wanted an
escort home, and they refused. (Not too surprised, are we?) She is to be
charged with 'Assault with a dangerous weapon'.
My wife stands 5'4", weighs 120 lbs., is an Anesthetic Nurse working
in a Hospital Operating room, has taken the NRA gun safety course, is a
liscensed Mass. gunowner. has not even a PARKING TICKET on her record! and
has NEVER drawn her gun, except on the firing range, and would never even
consider it, unless she was terrified. My wife is neither a hothead,
nor is
she a coward. I believe her actions to be appropriate and timely. I
believe
also that the only reason she is being charged with a FELONY, is because
the cops would 'lose face' otherwise. They don't give one **** how this is
affecting her or anyone else.
We need help here. We are members of GOAL, GOA and JPFO, and we hope
for and expect
some assistance. Not monetary neccessarily, but a LARGE turnout at the
arraingment, as would an e-mail back to Linda with
encouragement and support. Her arraignment is to be April 11, at the North
Adams Couthouse at 9 am, and anyone that can be there then would be very
welcome.
Linda and Russ Hamilton russlin@shaysnet.com
Phone # (413) 337-8704
FAX 4306
------------------
In the shadow of Bunker Hill from the People's Republic of Massachusetts
From: "Russlin Saw Co." <russlin@shaysnet.com>
Subject: Felony charge for self-defense
The attachment is my letter to the western Mass. State Police CO. My wife
was attacked by a driver in an eighteen-wheeler, and almost run off the
road. As he was coming after her for the fourth time, she pulled her .38
from her purse, still in the holster, and laid it against the steering
wheel. Linda has a class 1 carry PERmit, has had for 'bout 10 years. At no time did she attempt to
remove the gun from the holster, nor did she point the gun at the
trucker. The display had exactly the desired effect,
the trucker backed off immediately. She then pulled into the first place
with people and a phone, and the trucker took flight.
She then called the Shelburne State Police barracks, next down the
road, and told
them what had transpired. The reaction from the Trooper there was, "Oh you
should'nt have done that! HE COULD FILE A COMPLAINT AGAINST YOU." Took her
three minutes to get him around to the actions of the trucker, that MAYBE
the State Cops should be looking for that particular fool. So on she
goes, keeping a wary eye out for the truck, and four miles later pulls
into a country store parking lot because there are two cars riding her bumper;
turns out that they are two female state cops, and they start yelling at
her, "Is there a gun in your vehicle,???Is there a gun in your
vehicle!!!" (In
Mass. the mere presense of a firearm in a car does NOT constitute
"Probable cause" that a crime has been committed.) It seems that the trucker
pulled up o them, and stated that "...there was a lady back there that waved a gun
at me." Acting solely on that, the Troopers asked her to get out, asked
if she would consent to a
search of the vehicle, she said No, and they did it anyway! Found
nothing of course. The gun was in plain view on the driver's seat.
After a 'pat down' search of my wife, a search of her coat, and the
illegal search of the car, about this time a North Adams Detective shows
up, and begins to berate her, and asks her what she did to PISS HIM OFF,
meaning the trucker. (!!!) He then tells her, "Oh, you can't have a loaded
gun in the car." (When That detective talked to our GOAL-recomended lawyer
the next day,
this gomer stated that he "...didn't know much about the gun laws." In
Mass., if you have a carry PERmit. you can have the gun sitting on your
dashboard if you want, as long, I must add, as you are the only one in the
vehicle. Otherwise, you must have the gun, "Under your control." Vague-but
then most of the gun laws are purposely that way, thereby open to
misinterpretation, usually by the 'Law'.
So now these two Troopers think they have something. They
MIRANDIZE my dear wife, and the detective, (and I use the term only as an
identifier) reaches into the car, takes the gun off the seat, and hands it
to one of the Troopers! He heads out, and the Troopers tell Linda that she
is free to go, essentially turning her back on the road..... defenseless.
She told them that if they were going to keep her gun, that she wanted an
escort home, and they refused. (Not too surprised, are we?) She is to be
charged with 'Assault with a dangerous weapon'.
My wife stands 5'4", weighs 120 lbs., is an Anesthetic Nurse working
in a Hospital Operating room, has taken the NRA gun safety course, is a
liscensed Mass. gunowner. has not even a PARKING TICKET on her record! and
has NEVER drawn her gun, except on the firing range, and would never even
consider it, unless she was terrified. My wife is neither a hothead,
nor is
she a coward. I believe her actions to be appropriate and timely. I
believe
also that the only reason she is being charged with a FELONY, is because
the cops would 'lose face' otherwise. They don't give one **** how this is
affecting her or anyone else.
We need help here. We are members of GOAL, GOA and JPFO, and we hope
for and expect
some assistance. Not monetary neccessarily, but a LARGE turnout at the
arraingment, as would an e-mail back to Linda with
encouragement and support. Her arraignment is to be April 11, at the North
Adams Couthouse at 9 am, and anyone that can be there then would be very
welcome.
Linda and Russ Hamilton russlin@shaysnet.com
Phone # (413) 337-8704
FAX 4306
------------------
In the shadow of Bunker Hill from the People's Republic of Massachusetts