Know ROA
Improper Storage of a Large Capacity Gun
Right of arrest Felony
Know the amounts
Large capacity firearm or rifle is……
Defined as “semi-automatic and capable of accepting any detachable large capacity feeding device; or
That employs a rotating cylinder capable of accepting more than 10 rounds.
Know the amounts
Large capacity shotgun is….
Defined as “semi-automatic and capable of accepting any detachable large capacity feeding device; or
That employs a rotating cylinder capable of accepting more than 5 shotgun shells.”
Know ROA
Improper Storage of Any Gun if Someone under 18 Has Potential Access
Right of arrest Felony
Know ROA
Improper Storage of Non-Large Capacity Gun or Any Stun Gun
Right of arrest Misdemeanor. Confiscate and complaint.
Be able to explain the idea of control
When it comes to improper storage charges, officers must determine whether the firearm was under the offender’s control. How do you determine this?
Take note of: the firearm’s location; its proximity to the authorized user or owner; and that person’s ability to immediately reach the firearm.
How does an officer determine whether a weapon is kept in a “secure container”?
A secure container must be capable of being unlocked only by means of a key, combination, or other similar means.
Know this!!!
What are the three main charges for a typical firearm arrest?
269 s 10 (a) Poss of FA w/o a license
269 s 10 (h) (1) Poss of ammo w/o FID card
269 s 10 (n) Poss of loaded firearm
Know the difference between the two charges
In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?
You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship
In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?
You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.
Unlawful Possession of a Firearm/Rifle/Shotgun outside of Home or Business
269 s 10 (a)
The defendant:
knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16 in);
doesn’t have a valid license to possess the firearm outside of his home or office;
does not qualify for one of the statutory exemptions from the licensing requirements.
Right of arrest Felony
Unlawful Possession of Firearm, Rifle, Shotgun, or Ammunition
269 S 10 (h)
Elements
The S possessed an item;
The item meets the legal definition of a firearm and/or ammunition; and
That the S knew they possessed the firearm; and
The S did not have a valid FID card or the S did not qualify for one of the exemptions in the law that are a substitute for having a valid FID card.
ROA (M) arrest on PC
This applies to possessing a FA, rifle, or shotgun at home or at work.
Remember: Must be owner of the business.
Unlawful Possession of a Loaded Firearm
269 S 10 (n)
**Suspect knowingly and unlawfully possessed a loaded firearm
**Adds additional jail time
**Defendant must know the firearm was loaded (SJC ruling)
**This is not a stand-alone charge. The S must be charged with a violation of 269 s 10(a) or (c), as well.
There is no statutory right of arrest. It is an additional charge to 269 s 10a or 10c (machine gun)
FID cards and LTC’s are valid for how long?
6 years
Remember, add-on charge
Furnishing false name or social security number to law enforcement officer
268 s 34A
Remember, there is no right of arrest for this. Why?
This is an additional (Misdemeanor) charge. There is no statutory right of arrest (the S is already under arrest).
No statutory ROA, except if interfering w/arrest of another
Resisting Arrest 268 S 32B
Elements
Prevent or attempt. The suspect knowingly prevented or attempted to prevent;
Police officer. A police officer in the regular course of his assigned duties,
who was in uniform or, if out of uniform, who properly identified himself by displaying his credentials;
Arrest. From effecting an arrest of:
The actor; or
Another person;
Force, threat, risk of injury. By using the police officer or another person:
Physical force or the threat of physical force; or
Any other means that creates a substantial risk of bodily injury.
Right of arrest It has no statutory right of arrest. Because an arrest is being made, officers continue to do so. If it is a person interfering with the arrest of another, officers may arrest for an obvious breach of the peace.
Resisting arrest must occur at some point during the ( ) process.
arrest
With resisting arrest, post arrest activities do not qualify.
True
Be able to identify what counts for sufficient resistance
Examples of sufficient resistance for resisting arrest
- Physically struggling with the police.
- Stiffening or flailing arms to prevent cuffing.
- Stiffening body to prevent placement in cruiser.
- Using force “in opposition” to officers
Know these
Examples of things that may not be examples of resisting arrest
- Flight (only if it creates a substantial risk of injury)
- Refusing to emerge from a hiding place upon command
- Mouthing off prior to arrest
Know what the keyword FACT stands for and know the ROA
Disorderly conduct
Elements
Cause or risk. The suspect purposefully caused or recklessly created a risk;
Public reaction. Of public inconvenience, annoyance, or alarm;
Misconduct. By one of the following types of conduct (keyword FACT):
**Fighting;** or
Agitated or tumultuous behavior; or
Creating a hazard or physically offensive condition by any act that served no legitimate purpose; or
Threatening to use force.
Right of arrest Warrantless arrest in presence in public
Know ROA and body parts
Indecent Exposure 272 s 53
ELEMENTS
Intentional. The suspect intentionally;
Expose genitals. Exposed his or her genitals to one or more persons; and
Cause offense. At least one person was offended by the exposure.
Right of Arrest Warrantless arrest in presence in public. Complaint, in private.
Notes
The indecent exposure does not have to occur in a public place. Public breastfeeding is not indecent exposure.
Indecent exposure is limited to exposure of the genitalia and not to exposure of the genital area, pubic hair, buttocks, or female breasts.
Know ROA and body parts
Open and Gross Lewdness 272 s 16
ELEMENTS 10-7
Intentional. The suspect intentionally;
Expose genitals, breasts, or buttocks. Exposed his or her genitals, buttocks or female breasts to one or more persons; and
Public. The public did so “openly” by either:
Intending public exposure; or
Recklessly disregarding a substantial risk of
a. public exposure to others who might be offended by the suspect’s conduct;
Alarm or shock. The suspect’s act was done in such a way as to produce alarm or shock; and
Person affected. One or more persons were, in fact, alarmed or shocked by the suspect’s exposure.
Remember: IE in front of a child < 18 is O&G
Right of arrest Felony
Examples of Class A drugs
Heroin
Ketamine
Fentanyl
Carfentanil
