MIT Student Jailed for Firearms Possession – And Nothing Else

After a tip from a fellow student, MIT campus cops found a rifle, pistol and a “large-capacity ammunition magazine” in 23-year-old Texan and MIT student Angel De La Cruz’s dorm room. They arrested Mr. De La Cruz and charged him with various weapons offenses. According to Middlesex District Attorney Marian T. Ryan . . .

De La Cruz “was not violent when encountered by MIT Police and there is no evidence at this time that any threats were made towards members of the MIT community.” And yet Cambridge District Court ordered Mr. De La Cruz to remain in custody for the next 90 days.

The judge is keeping Mr. De La Cruz incarcerated under Massachusetts’ “dangerousness hearing” process; as specified by Massachusetts General Laws Chapter 276 Section 58A.

The judge clearly believed that “the prosecution proved, by clear and convincing evidence, that the only way to keep the community safe is to lockup the defendant.” The same prosecution that publicly pronounced “there is no evidence at this time that any threats were made towards members of the MIT community.”

As TTAG pointed out back in August 2010 when the law passed, dangerousness hearings make a mockery of Americans’ 8th Amendment protections, mandating that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Our post contained this prescient observation by a legislator who opposed the provision:

Representative George N. Peterson Jr. voted for the bill when it left the House with provisions that were strictly related to the criminal records law. But he joined 21 other legislators in opposing the bill Saturday after its language had been changed.

“In essence, the bill said a mere presence of a firearm during a routine traffic stop rises to a dangerousness situation in which someone can be held,’’ Peterson said. “That’s just not right.’’

“Dangerousness hearings are supposed to be reserved for the worst of the worst,’’ he said. “This bill leaves a lot of open area for the potential abuse of civil rights.’’

And so it has come to pass: an American exercising his natural, civil and Constitutionally protected right to keep and bear arms is sitting in prison, facing a longer sentence and permanent loss of his gun rights. Not to mention the end of his academic career.

This is no small matter for Mr. De La Cruz or Massachusetts residents who keep and bear arms. As noonancriminaldefense.com points out, dangerousness hearing incarceration puts the defendant at a distinct disadvantage:

In addition to the physical dangers and mental and emotional distress, incarceration prior to trial seriously affects the defendant’s ability to help his attorney prepare his case for trial. The defendant plays one of the most important roles in building a defense.

The defendant and his attorney spend hours going over the events surrounding the alleged charged. The defendant is able to provide details, witness information and facts that only he knows. This information is crucial in building a defense.

Therefore it is important for the defendant to be free to meet with his attorney in his office or do other simple things like visit the crime scene. This cannot be done effectively if the defendant is locked up in jail.

If an MIT student can be locked-up for 90 days — without the possibility of bail — simply for possessing firearms illegally, anyone in Massachusetts found to possess a prohibited firearm or “high-capacity magazine” faces the same fate.

I reckon the Bay State now officially joins California, New Jersey and Hawaii as the place where gun rights go to die. To name a few.

comments

  1. avatar joe-in-nc says:

    MA is F*cked

    1. avatar nativeson says:

      The law does make a mockery of the prohibition against excessive bail. With rare exceptions (eg, defendant arrested for capital murder on conclusive prove) every defendant is entitled to bail. The amount of the bail may vary according to the severity of the crime and the defendant’s criminal history, but the judge must set a bail. Apparently, that portion of the Constitution no longer exists in MA where the mere possession of a firearm is now the equivalent of a brutal capital murder.

      I suggest that the young man transfer to a school in a free state where the Constitution is still respected when this ordeal is over.

      1. avatar uncommon_sense says:

        As we have said countless times, government politicians, bureaucrats, and agents who are willing to infringe on one part of the U.S. Constitution (Second Amendment) are all too willing to infringe on any other part of it or any other matter of fundamental law and human rights.

        The Second Amendment is simply the proverbial “canary in the coal mine” of laws/rights.

      2. avatar Ollie says:

        Massachusetts is the state where Teddy Kennedy was re-elected to the U S Senate five times after his cowardly murder of Mary Jo Kopechne. The vast majority of people there have dubious morals and intelligence.

  2. avatar M1Lou says:

    When I lived in MA for two years, it really does feel like you live in a police state. Stories like this just reinforce that feeling.

    1. avatar DaveW says:

      Yeah. Do they still wear the jackbooted Nazi uniform like neighboring states, or did they get rid of them?

      1. avatar Felix says:

        I wonder what your definition of a police state is.

        Mine includes anywhere you can be locked up for 90 days for no good reason.

      2. avatar George the second says:

        Yeah they do and I’ll wager all the cops are republicans

      3. avatar Aaron M. Walker says:

        NO! A lot of townships..Cops look like Tactical Special operators , or Paramilitary commandos.

        A lot of them wear ‘Blackout BDU’s” and do not look like traditional police…And have an aggressive military attitude to boot…Is not uncommon for , as the elderly citizens call them…The “Heart Attack” police…Because of the usual aggressive, multi cruiser traffic stops that are so common in these parts…Some being “fishing trips” into your car , or person…. I used to be conservative, but I have adopted a libertarian viewpoint of the police. Especially in MA. My experience, an I have friends and family who are, or were in Law Enforcement. 3 years ago, I came home with groceries at 9pm. Parking lot lights were down, and I had my flashlight. Parked in my private residential parking area. I found myself confronted with an aggressive paramilitarized township LE in his SUV cruiser. Who wanted to “question” me about my “Military style flashlight” . Now I’m carry a load of groceries, and this LEO’s telling me my “Tactical Flashlight looks suspicious”?!! I was like “WHAT !??” I keep walking with my groceries and my light…The LEO said come over here I want to question you…I said, ” Officer I’m in no need of police assistance…Furthermore, I have “no wants, no warrants, and no criminal record of any kind…Unless, your Detaining me for suspicion of commiting a crime…Then good day to you…” As I kept walking… Thinking that if I stopped and gave up any of my civil rights…This guy was going to cause me harm in some way…And my attorney was very clear about something like this….Never give up your rights…I had mentioned this story to my lawyer who was helping in another matter. The lawyer stated that this LE might have been on a “Fishing Expedition “. Because one thing leads to another….Now imagine your a “licensed” citizen coming across an LE like this…I perish the thought…. Nevermind a common person tool like a flashlight !!! How about those folks that got serious problems over common pocket knives…Which are tools first, Constitutional protected on the 2nd part…No pun intended …

      4. avatar Aaron M. Walker says:

        …And that uniform would be the Massachusetts state police…. Aggressive traffic stops… Felony stops for “Massachusetts car rejection stickers, lights out, and loud exhaust !” They even bring the K9….

    2. avatar DDay says:

      The DA Marian Ryan is the DA who, a few years ago, let out Jared Remy on nothing for bail after he beat his girlfriend. Remy had a long criminal record and many arrests & convictions for violence and domestic violence specifically. Remy was let out by Ryan then stabbed to death his girlfriend that night in front of many witnesses including the couples child.

      When you think of an incompetent DA, think of Marian Ryan.

      1. avatar Aaron M. Walker says:

        That’s because Massachusetts is a Politically corrupt, and confused cesspool of Liberal Progressives / RINO fuzzy thinkers…And that has integrated into police training, our judicial, legislative, prosecution, etc.. Typically profiled bad guys go free…Lawful MA citizen runs afoul of ” Gunga Din and the Green Berets…” Not so good….

  3. avatar Gov. William J Le Petomane says:

    Why do people continue to visit (let alone attend college in) communist countries?

    1. avatar James in AZ says:

      Ivey League sounds good, and makes good money.

      The liberals gotta reward those that become mindless drones for their agenda, right?

      1. avatar Gov. William J Le Petomane says:

        ‘…mindless drones for their agenda…’

        Lenin called them ‘useful idiots’.

        You ain’t makin’ any money in prison, now are you?

        1. avatar VerendusAudeo says:

          I don’t mean to be pedantic, but Lenin said no such thing. It is often attributed to him, but in reality, predates the rise of communism by about 60 years. Neither he nor any other prominent communist has ever been documented using the phrase to describe any of their supporters. Early uses of the phrase ‘polezniye duraki’ (loosely translating to ‘useful fools’) are applied to the Russian Nihilist movement in the early 1860s. And now you know, and knowing is half the battle.

        2. avatar Toddidit says:

          He may not have said those exact words but he certainly demonstrated that leftists can easily be led astray, which, when you think about it, is essentially the same thing.

    2. avatar Aaron M. Walker says:

      You should try living here…Want see a residents “2nd amendment privileges ” if attained…Then go here…This is “best” Massachusetts residents can expect to protesting…I mean protect “Pro2@ ” in this state….GOAL.ORG (re: Well, at least the police departments DON’T license Mace or Pepper spray anymore…Our thymbol runneth over….)

  4. avatar strych9 says:

    Massachusetts laws are stupid.

    This De La Cruz guy is pretty dumb for MIT though too. Check that, he’s just pretty dumb. A rifle and a pistol in your dorm in a state without campus carry? No way that stays a secret for long. Why not just walk into your campus police station with the guns, plunk them down on a counter or table, wrap a bow around yourself and yell “I’m violating the law! Arrest me!”.

    1. avatar Arc says:

      You actually aren’t violating the law, the state is the one not obeying the law.

      1. avatar strych9 says:

        I’m sure that thought will keep you warm and fulfilled in prison.

      2. avatar Jerry says:

        The student broke the unjust law and is unjustly locked up. The state may have violated his rights, but they haven’t broken any laws.

      3. avatar Rick the Bear (now in NH!!) says:

        Those ARE the laws in the People’s Republic though. I’m not sure which is more heinous: the handgun or the full-capacity magazine.

        If this guy is smart enough to get into MIT, he should be smart enough to research the oppressive gun laws in MA.

    2. avatar DDay says:

      Forget campus carry, if he were living off campus, he’d be arrested. You cannot possess a gun, magazine or ammo in MA without a MA firearms license. Police chief’s issue license to carry outside the Boston area almost always, very few are denied. Near Boston and a dozen other towns or cities, police chiefs will issue a license to have a gun, ammo, etc. but they’ll restrict the use for hunting and sport.

      I hope this kid gets a good lawyer and gets off with probation or something else minor. The laws in MA are BS and designed to trap people who think MA is like other states. MA is FAR better than NJ or CA gun laws but it’s certainly not great like Vermont.

    3. avatar Aaron M. Walker says:

      Also, Massachusetts is a “Licensing state” . Because it’s a privilege here…At the whim of a local police department, The Colonel of the Massachusetts State Police, and The Firearms record bureau…Which means you need to make prior arrangements before you come here. 30-days to “apply for a license: an FID for low capacity longarms, or an LTC– for pistols, and other RESTRICTED items…at the discretion of the chief of police…In an interview with a “Licensing officer” —without a lawyer present, or being charged with a “Pre crime.” ) GOAL.ORG

  5. avatar John C. says:

    2nd lesson – Trust no one when it comes to what you have. Especially when it’s (unfortunately) illegal.

    I’m sure whoever ratted him out will probably get extra credit, if not a complete pass on their work this semester. For these folks, “The Lives of Others” is a guide, not a warning.

  6. avatar former water walker says:

    Is dangerousness even a word? It sounds vaugely Orwellian…talk about a police state. Oh and that new Boston Marathon bombing movie(with Marky Mark) illustrates the delusion of Massachusetts. Shut the city down,declare martial law(more or less) and celebrate your ineptitude…

    1. avatar Rick the Bear (now in NH!!) says:

      Every time I see a “Boston Proud” cap or poster, I get a bit nauseous. What an embarrassing chapter in the Cradle of Liberty’s history.

      1. avatar Anner says:

        But heroes and apple pie and stuff.

        1. avatar Rick the Bear (now in NH!!) says:

          I feel sure that some folks were happy that the British regulars were “keeping the peace” then as well.

      2. avatar Darren says:

        The government locked us in our houses! HOORAY!

        1. avatar Rick the Bear (now in NH!!) says:

          People were also ordered out of their homes at gunpoint. I saw some of the uploaded videos. Disgusting.

      3. avatar Aaron M. Walker says:

        You mean like the propaganda movie. “Patriot” . But no mention of the “Watertown shootout , shelter in place orders, or the house to house searches by police without warrants through force of arms! All captured on video…some should available on YouTube still..

        1. avatar Rick the Bear (now in NH!!) says:

          I wasn’t even thinking about “The Patriot” in SC. Why did you bring that up?

          Or if you mean the new marathon bombing movie? That’s called “Patriots Day” and I won’t be seeing it.

        2. avatar Aaron M. Walker says:

          N.H Free stater @ **Update** : Smartphone autocorrect FUBAR…Though “The Patriot” was an excellent movie….Yes, I mean the other “Patriot’$ Day.” Or , Also known as “The Watertown Turkey shoot : 1200 rounds and counting !!!!” Or, to the Massachusetts libertarians like “Police (state) Day : We don’t need no stinking warrants, or a C.O. !!! There Be Terrorists !!!” Not to be confused with the best Football Team in the USA, “The Patriots !!!” Lol !

  7. avatar Oxygenthief says:

    And they wonder why they are referred to as Massholes…

    1. avatar Tim says:

      We don’t ‘wonder’ up here in Maine…..?

  8. avatar Kyle says:

    This will only get worse. Only the supreme’s can save some of our states from themselves. Its truly messed up when we have to look to the feds to protect us from ourselves.

  9. avatar Dave says:

    Someone needs to let president Trump know about this situation. He plans on repealing the so-called high-capacity magazine BS laws and a bunch of other infringing law that violate our second amendment rights. And to the fellow who was saying campus carry is not legal in Massachusetts I just want to let you know he wasn’t carrying the weapons he had them secured in his dorm room. Now that may not be legal in Massachusetts but I have to say mr. Trump knew this was going on in Massachusetts especially this event I think he would be able to throw a boomerang into this s***. This is the worst thing I’ve heard of in a while happening to an MIT student or any college student for that matter.

    1. avatar Stinkeye says:

      You may not know this, but the President of the United States doesn’t have the power to make or repeal state laws regarding firearms or anything else…

      1. I think you are being trolled.

      2. avatar Omer Baker says:

        He does have the power to give full pardons. I think that would show a big allegiance to the 2A if Trump got this guy out of jail and suggested he transfer to a Texas university.

        1. avatar Geoff PR says:

          You *just* may be on to something with that thought.

          The left wants to make guns a political issue, then shove politics right back in their faces, with a side order of 2A attitude…

        2. avatar tdiinva (now in wisconsin) says:

          He has the power to grant full pardon for federal offenses. He has no such power when it is a state offense. Another example of the kind of constitutional ignorance that undermined confidence in tbe GOP leadership.

  10. avatar almostesq. says:

    A Trump Supreme Court is coming. With luck laws like this will be remembered like the segregation laws of the past. Unconstitutional usurpations of basic civil rights. As the Left likes to say… We are the right side of History.

    1. avatar Tim says:

      Dear God, let it be so.

  11. avatar Ralph says:

    “I reckon the Bay State now officially joins California, New Jersey and Hawaii as the place where gun rights go to die.”

    In MA, all rights are subject to the will or whim of the Irish mafia that runs the state.

    1. avatar mer says:

      Technically, Ma isn’t a state, it’s a Commonwealth, as in “all your everything belong to us”?

      1. avatar Aaron M. Walker says:

        Yup! That’s why townships charge it’s residents ” excise tax” on your car every year…Kind of like paying protection money , or rent to the town, or else the sheriff (tax collectors in Massachusetts.) is coming with high fines, and no RMV transactions till paid… Its $35.00 to every $1000. In state tax value you paid at the RMV…They get you coming and going here….

        1. avatar Gruney says:

          Why does anyone live there given the general citizen abuse? The don’t have great weather to brag about. Taxes are high, rights are infringed, and the laws are oppressive.

          The only thing I can think is that they have residency checks and turn the moving vans around at the checkpoints. The only other explanation is that people actually like it there. Guess they is “Boston Proud”.

  12. avatar Louis Marschalko says:

    In Theodore Rex by Edmund Morris, Random House, 2001, Morris describes how Roosevelt shocked the president of Harvard, Dr. Charles William Eliot when Roosevelt was being awarded an honorary degree.

    “Dr. Eliot escorted him (Roosevelt) to a guest suite to change, and watched with fascination as he tore off his coat and vest and slammed a large pistol on the dresser. Eliot asked if it was his habit to carry firearms. ‘Yes, when I am going into public places.’”
    http://stuffnobodycaresabout.com/2013/06/01/as-president-theodore-roosevelt-carried-a-handgun/

  13. avatar Kris says:

    Please pass national carry reciprocity so states like this have a say in the gun laws I must abide by!!! Oh wait…

    1. avatar Big Bill says:

      Reciprocity is the first step.
      The next is pre-emption, where state laws concerning 2A carry are void.

      1. avatar Brian says:

        I wouldn’t be so hasty on federal pre-emption. Republicans have the 3 branches for now, but what happens when we get a democrat majority? Could the knife not cut both ways instead of one?

        1. avatar Big Bill says:

          Compared to making a law, removing one is hard.

  14. avatar VerendusAudeo says:

    Regardless of how you feel about the validity of the laws and rules, he was in clear violation. Nobody forced Señor De La Cruz to do this. He did so on his own volition. He threw his own rights and academic career away when he decided that he was above the law. Even if you completely disregard state law, he was still going to be ejected from MIT for egregiously violating their policies. One should note that one can be expelled from Brigham Young University for possessing a Harry Potter book. Technically speaking, if you take the rules absolutely literally, being nude at any time is also against the rules. My point being, you’re there at will, and are expected to follow the rules. If you don’t like it, there are other more 2A friendly states and schools.

    1. avatar Blake says:

      “Other more friendly 2A states and schools” eh?

      There were other states more friendly to blacks, and other states/areas more friendly to the rights of women as well. If this is a vote with your dollar argument, that’s fine. If this is suggestive of just forgetting about a violation of an individuals rights, can’t agree with ya.

      The fact of it is, these kind of laws/regulations stand until they’re challenged. Sometimes it takes a ludicrous situation to push people to challenge things. There’s being above the law, and there’s being above bad laws.

      1. avatar Rick the Bear (now in NH!!) says:

        Home or not, he would have possessed a handgun without government permission (1 year in jail right off the bat, thanks to the Bartley-Fox act), so MIT rules are a secondary factor.

        Oops, this should have been a reply to Edward. Sorry.

      2. avatar Big Bill says:

        You may have missed VerendusAudeo’s point: While the law is wrong, you violate it at your peril. Actions (even those taken where you are absolutely right) have consequences.
        It’s easy to claim you’re right, especially when you are. But when the people you’re claiming that to are sure you’re wrong, and have the power to back up that surety, you will lose in the short run (and possibly in the long run, too). And where the law is concerned, that loss can be very costly.
        I’m not saying you shouldn’t fight for right, I’m saying you should pick your battles.

    2. avatar David says:

      For the record, no one has ever been, or ever will be expelled from Brigham Young University for possessing a Harry Potter book. In fact, you will realize it is a hotbed of Harry Potter activity if you have ever been in the area for longer then a week. 🙂

  15. avatar edward zampella says:

    I see no comment on whether or not MIT has university rules against keeping firearms in a dormitory room.
    If indeed these rules exist and the student was violating them; the university has cause to have him arrested. He certainly argue that the dormitory was his “home” and as such was ONLY guilty of violating a university rule, not a law.
    His defense attorney will be employed for years arguing this one. The fact that he was charged under the “dangerousness” statute inclines me to believe that the states attorney knows the grounds for the arrest are weak

    1. avatar DDay says:

      MA law does not allow firearms or ammo on any school property. He was in violation of that law. Also, you cannot possess a gun, ammo, magazine, etc. in MA without a MA firearms license.

  16. avatar Rick the Bear (now in NH!!) says:

    This shit is one of the main reasons that I’m in NH.

  17. avatar Darkwing says:

    When this guy gets out, the person who ratted him out should be in a world of pain and it should be permanent.

  18. avatar No one of consequence says:

    So a few more details…

    The guy was apparently a senior in the EECS (electrical engineering and computer science) program. Which is in some people’s opinion not as hard as some other fields, but definitely not one I’d usually associate with snowflake-dom. (then again, silicon valley…). A senior at 23 years old also raised my eyebrows a little … At that age I would have guessed a grad student.

    MIT apparently does have a no-weapons policy, as per:
    https://thetech.com/2017/01/14/de-la-cruz-guns-in-senior-house

    And he has been suspended and barred from school, as well as being arrested.

    Sigh. There are some oddities here, but overall it really does sound like this guy just got his life tossed into a Cuisinart for no good reason.

  19. avatar Dave Lewis says:

    I recall an April morning many years ago when some citizens of Massachusetts were considered to be armed and dangerous. Agents of the government were sent out to sieze their firearms and ammunition. So how did that work out?

    1. avatar Rick the Bear (now in NH!!) says:

      Nice reference!

    2. avatar Aaron M. Walker says:

      Which one ? ” The American Revolution, or The Shay’s Rebellion…”

      1. avatar Rick the Bear (now in NH!!) says:

        Aaron, the American one as in troops sent to Lexington.

  20. avatar stateisevil says:

    Man, cops are so heroic

  21. avatar FedUp says:

    If an MIT student can be locked-up for 90 days — without the possibility of bail — simply for exercising constitutionally enumerated civil rights, anyone in Massachusetts found to possess a prohibited firearm or “high-capacity magazine” faces the same fate.

    FIFY

    1. avatar Huntmaster says:

      Apparently it isn’t a Constitutionally Enumerated Right in Massachusetts.

      1. avatar FedUp says:

        Is MA part of the same country that gave us DC v Heller and McDonald v Chicago?

        If so, you can home carry there.

        (I know, dumb question, Simon Glik knows there’s no such thing as freedom in MA)

        1. avatar Rick the Bear (now in NH!!) says:

          The MA Supreme Judicial Court (SJC) does not choose to recognize those decisions.

          They think if them more like guidelines than law.

    2. avatar Aaron M. Walker says:

      Yup! And ever fluid and changing “Authoritarianism from the State, or the various police departments.” (FYI: a statue on the MA. law books gives police “discretionary power” if arresting, or protective custody for someone engaged in ” a breach of the peace”. And found in possession of a weapon legal, or illegal…Could then be charged with a crime of an illegal weapon. While in the act of disturbing , or a breach of the peace. Basically, if a neighbor has a hard©¿ for you and they have been engaged in “surveillance” of your personal life. This would give them a platform for revenge from behind the bedroom curtain…They could call the police and make up all sorts of BS…And Sic the PD after you…Same thing Domestic Disturbances…Messy divorces, etc…People getting even in the Liberal paradise for imagined slights….Thank you nanny state…)

  22. avatar adverse4 says:

    Remember, The Socialists want to protect you from the government, for your own good, whatever they decide that might be.

  23. avatar GS650G says:

    Sounds like a case to send to the SCOTUS as soon as number 9 is seated.

    1. avatar tdiinva (now in wisconsin) says:

      There might actually be one of the liberal Justices who might vote to strike this law down if for no other reason then it could “adversely impact minorities.”

      1. avatar FedUp says:

        Good point.
        De La Cruz = caucasion with hispanic surname = protected minority status

  24. avatar ButtHurtz says:

    Shoot the tyrants!

    What has happened to this country to make the men allow this shit?

    1. avatar Aaron M. Walker says:

      Mr. , The local police chief wouldn’t be giving you a FID, or an LTC…If you posted something like that…You need one (police permissions) in order to purchase…And if you will, the permit can be considered a Constitutional Wavier…Meaning you agree to follow the restrictions, prohibitions, and behavioral conduct while in possession of said permit…It can be suspended, or revoked at a whim of the licensing authority….

      1. avatar Aaron M. Walker says:

        LOL! Ma. Citizen goes to local police department. Asks for an FID/LTC application…States they need it for the “American Revolution!” Ha, ha, ha !!! If there were more Liberal Progressive DemoNazis here…All MA. Residents would all be paying reparations to the British Monarchy for the colonial uprisings , and the Boston Tea party !

  25. avatar Mad Max says:

    It is time for the Trump Administration and the Republican Congress to secure the inalienable right to keep and bear arms by upholding the 2nd and 14th Amendments by passing National Reciprocity with strong preemption and also ensuring the Department of Justice defends our rights.

    Hopefully, a future conservative Supreme Court will hold that State laws restricting 2nd Amendment rights are unconstitutional just like State laws restricting same-sex marriage.

  26. avatar Mike Betts says:

    The charges lodged against De La Cruz are two counts of possession of a large-capacity firearm without a license, possession of ammunition without a license and improper storage of a firearm. I’m not all that familiar with MA firearms laws and please feel to correct me if you are, but it appears that one must have some sort of license to own a firearm with a magazine having a capacity of more than 10 rounds, a license to possess ammunition, and that firearms must be “properly stored”. I’m assuming that last one means it must be locked up or have at least a trigger lock.

    If De La Cruz violated any or all of those MA laws, he should have known better and as much as I detest such laws as an affront to the 2A, his arrest doesn’t offend my sense of justice nearly as much as his being kept in jail under a “dangerousness law”. That downright outrages me and is an affront to the Eighth Amendment which cannot be allowed to stand. Were I De La Cruz’s attorney, I’d be filing an immediate writ of habeas corpus demanding that the judge/Commonwealth demonstrate De La Cruz’s “dangerousness” by the simple possession of firearms without his harming or even threatening anyone. This is concomitant to arresting and jailing anyone who owns a large truck because terrorists have used them to commit mass murder. It cannot be allowed to stand.

    1. avatar DDay says:

      You need a license to possess any gun, ammo or magazine in MA. It’s not like NJ where you need to get the ok to buy each gun. Even if he had the gun license, he would be in trouble for having the gun on school property which there are MA laws against.

    2. avatar Aaron M. Walker says:

      GOAL. ORG

  27. avatar KAP says:

    considering that this state is owned by the democratic party {gigolo Kerry Etc:} and all these State politician’s who have never seen a copy of the Constitution fully support the Party Line {Seig Heil} chock it up for Democratic party Subversive Fascism under the guise of Globalism!

  28. avatar John Q. Public says:

    If the goal of the educational system is to create a pliable and malleable citizen, fearful of his own government, then they have achieved that goal.

    A worthless education in “Da feelz” is only icing on the cake.

  29. avatar Aaron M. Walker says:

    Like I said before :
    (Nevermind SBRs, or silencers, or National carry…)

    Aaron M. Walker says:

    January 15, 2017 at 10:28

    How about we just concentrate on making the 2nd amendment available to “all ” lawful US citizens ! Especially, those who live in “anti freedom states / Anti pro2@ / authoritarian states”. Who INFRINGE on it’s citizens Constitutional rights on daily basis ! We need an addendum to the 2nd amendment that makes it a “Capital crime” for any Politician, Police , Judge, Private landlord , Private Organizations, Employer, Doctor, etc. to infringe upon in any manner. A lawful US citizens Constitutional rights. With compensatory damages of not less than 250k per event . As well as fines, prisonment , and other legal liabilities… All Civil Rights should be available to “all ” Americans, NOT just a few…[Re: Any person going from one state into another…Has the same rights as any other citizen in any other state…] …Also, there is no such thing as “Pre crime “… And Murder is a crime…It is already against the law…

  30. avatar Jonathan - Houston says:

    Meh. Screw him. He knew the law. He knew the risks. He exercised his rights, sure, no argument there; but he also exercised extremely poor judgment. If he were an activist out there protesting and drawing attention to firearms freedom injustices, and ended up this way, then that’s one thing. He may have moved the chains a few inches, albeit as a martyr. But this nonsense? Just a pure waste of a promising life.

    1. avatar Aaron M. Walker says:

      Come here from Texas and say that…That’s probably what this guy was thinking…I have relatives in Texas…They didn’t know anything about MA…Except only for the freedoms they enjoy in Texas….That are NOT available here…..

  31. avatar Craig says:

    Been reading the back and forth about “he knew the law” and “serves him right” etc. So far no one has commented on this as the opportunity and legal gift that the post mentions in the title…. That even as devastating as it is to this young man both from having to spend 90 days in jail and having both his collegiant and professional life pretty much ruined, not to mention the $$ in debt that he will be incurring for exercising his Constitutionally guaranteed right (that has been incorporated against the states). As has been pointed out, sucks to be him….
    This case gives the Alan Guara’s of the legal world the PERFECT person to use in taking the “shall not be infringed” case all the way to the USSC. (especially if Trump puts a very pro-Constitution justice to the USSC). No other illegalities to muddy the water. No criminal history. No threats to the public. No anti-social behavior. NO crime other than the exercising of his Constitutionally guaranteed right, in one of the several states that HATE individual rights and infringe upon them at every turn. It “could” be our legal dream come true.
    And while they are at it they can also attack the state’s attack on the 4th amendment….

    1. avatar Rick the Bear (now in NH!!) says:

      Craig,

      “This case gives the Alan Guara’s of the legal world the PERFECT person to use in taking the “shall not be infringed” case all the way to the USSC.”

      Thanks for finding some sort of potential silver lining!

    2. avatar Aaron M. Walker says:

      Still think the PA . , African American nurse in NJ was a good one…And she had kids to boot….Though this guy deserves a 2nd chance…Unless he was plotting an ISIS terror act , etc…Then goodbye…Just sounds like some enabled liberal progressive punk student got even with him…And turned him “To the Minstery of Love…or The Thought Police…”

  32. avatar ed says:

    My advice to the collage bound, leave your rifle at home, bring your shotgun, leave the plug in and get and maintain a out of state hunting license. #4 is great for rabbit, and home invaders.

  33. avatar Hannibal says:

    “After a tip from a fellow student…”

    Loose lips sink ships. Did he not secure the gun enough to stop someone from finding it? Did he play show and tell? Either way, fail.

    “The judge clearly believed that “the prosecution proved, by clear and convincing evidence, that the only way to keep the community safe is to lockup the defendant.” The same prosecution that publicly pronounced “there is no evidence at this time that any threats were made towards members of the MIT community.”

    I await the ACLU riding to the rescue.

    Oh, wait.

  34. avatar Buzz says:

    I think the next administration should learn a lesson from the Obama years and have the new AG aggressively pursue legal recourse against any state and law that inhibits people’s 2nd Amendment rights. The difference would be, the new AG would actually be working to defend people’s rights instead of try to take them away.

  35. avatar Jim Bullock says:

    Well, when the draconian laws to make a point start clipping their friends or dorm-mates, the overlords start to notice. IT Ain’t good for Book Learning From Texas-guy, but over time has some benefit for the rest of us.

    I do no think the non-deplorables have thought this through. They keep doing this kind of thing, damaging their own position, and making out point(s) for us.

    (Seriously, every single thing the Trump administration gets away with from now is on Buzzfeed and CNN. Here’s a hint: When a candidate proclaims they could murder someone on 7th avenue and still get elected … and still gets elected, you’d better have all your ducks in a row when you try to dirty him up.

    Has anyone any ideas on the likely president following Donald Trump? These over-reaching boneheads who gave us Trump are working double-plus hard to give us another one. They just can’t help themselves.

    I feel the need for more popcorn.)

  36. avatar BDub says:

    Is there a defense fund for this aggrieved individual?

  37. avatar Go 2 Texas says:

    I’m on the MIT Parent’s FB group, and when several parents attempted to point out that the gun laws were significantly different on the community college campus in TX from which he’d come, we were silenced. We were threatened with expulsion from the group for posting anything (else) controversial in the eyes of those moderators – ever. A posted article from Tx A&M (no community college) stated that campus carry was legal in the classroom and the dorm, and parents erupted with hate and name calling.

    MIT does have a pistol and rifle range, so it is reasonable that a student might expect to practice there when the opportunity presents itself. Apparently that has nothing to do with someone possessing their *own* for use at that or similar recreational facilities.

    I will never send another child to MIT, not a student of my own nor one I teach (outside gmt schools, thank you). My homeschooled MIT student graduated, moved off campus, and was promptly denied a gun permit. He chose to move to a free state far below the Mason Dixon line.

  38. avatar John C says:

    I just finished doing 25 months in MA state jail for illegally possessing two large cap weapons in my office campus apartment. I was in graduate school in MA. And am from Houston Tx. I took case to trial after fighting for 4 years. Lost jury verdict. This state is where birds fly upside down bc state aint worth shitting on. At time of arrest i was a non felon possessing non automatic weapons inside my home. I had exemption s and qualifications. Didnt matter. Im so sad to hear this. If anyone knows this kid or I can help. Please reach out to me. I believe he will go through long road if he intends to fight for OUR 2A rights
    I have cases cites from my case and such
    Jcassidy84@gmail

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