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Pair of Texans to get first-hand look at Massachusetts gun, drug laws

Two Texas men stopped for driving near Newmarket Square without headlights early Monday face a variety of charges for the handgun, ammunition, high-capacity magazines, nunchucks and cocaine State Police troopers say they found them with, the Suffolk County District Attorney's office reports.

According to the DA's office, a trooper on patrol in the area of Mass. Ave. and Melnea Cass Boulevard spotted a Ford Fusion driving with no lights on:

The trooper activated his marked cruiser’s lights and siren in an attempt to stop the vehicle, but the operator allegedly continued to drive several hundred feet before stopping on Hampden Street.

Rory Welsh, 25, of San Antonio, TX, the driver, told the trooper he was on a learner's permit, but gave him the license belonging to one of his two passengers, Jonathan Washington, 33, of Corpus Christi.

Welsh was asked to exit the vehicle while police sought to confirm his identity. As he stepped out of the car, police observed a 9mm Glock handgun under the driver’s seat, prosecutors said. Welsh, who allegedly told police the gun belonged to him, was taken into custody and his passengers were removed from the car by additional State and Boston police.

After they were arrested, the DA's office continues,

Police located two loaded high-capacity magazines; a third unloaded high-capacity magazine; 163 rounds of handgun, shotgun, and rifle ammunition; and a set of nunchucks that were located between the center console and passenger’s seat where Washington had been seated.

Washington owned up to owning the nunchucks, the DA's office reports, adding that on booking, officers found a "a small plastic bag containing cocaine" in his wallet.

Welsh, who owns the car, was charged with unlawful possession of a firearm, unlawful possession of ammunition, possession of a large capacity firearm, improper storage of a firearm and unlicensed operation of a motor vehicle. A Roxbury Municipal Court judge set bail at $7,500 for him - prosecutors had asked for $20,000 bail. He was also cited for not using headlights at night.

Washington was charged with carrying a dangerous weapon and possession of a Class B substance. The judge set bail at $300 for him - prosecutors had asked for $1,000.

The third man in the car was not charged.

Both are due back in court Aug. 9.

Innocent, etc.


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Comments

I didn't know there was a Pokemon convention going on.

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Wearing his authentic Hop-along Cassidy outfit...he maybe thought the driver was a Border and Custom Agent from Reagan National who had come to Boston to stamp his passport in commemoration of Donny Two Scoops first six months in office.

Fish thought the shiny object under the seat was the hand operated stamping device. Boy was he surprised when it turn out to be a pistola. He floundered a bit was he realized what he netted but recovered quickly. Not one to give way to the blues he shout at the perk "Holy mackerel, I caught you hook, line and sinker - you are going to the tank. "

Once he had his charge tagged he immediately called "Manilla" to let his subscription babe know the good news - he was so excited about finally making an arrest, he renewed his Globe subscription and vowed that he would finally apply for one of those Boston Crossing Guard slots opening up in September.

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As he stepped out of the car, police observed a 9mm Glock handgun under the driver’s seat

How do you observe anything under the driver's seat, especially a black object when it's dark outside?

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Perhaps the officer shined his flashlight under the driver's seat? It's not rocket science.

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Not rocket science, but maybe 4th Amendment science.

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The seat could easily be far back enough to show off a gun. Sheesh. That isn't rocket science or 4th amendment science or even science - that's just two freaking seconds of thinking about it.

Or maybe I just happen to live with a tall person who loses stuff in the car all the time.

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Flashlight maybe.

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If the officer had to shine a flashlight into the car to the gun, then that makes the search invasive, by definition. The cop flashlight's photons had to probe ("invade") inside the car to reveal the gun, as opposed to the officer passively observing the gun with ambient illumination. It's no different from the cop sticking his hand under the seat and feeling around.

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Then maybe the gun was silver and enough of it was sticking out from under the seat to be visible in "plain sight."

In any case, it would have turned up during the inventory search they officers had to do after they arrested the driver for his lack of driving skills and lack of a license - along with the other stuff.

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Shining a flashlight into a vehicle that has been lawfully stopped is ordinarily not
considered a search, so objects that officers observe thereby are considered to be in plain
view. See Texas v. Brown, 460 U.S. 730 (1983); see also 1 LAFAVE § 2.2(b), at 410–11
(discussing limits on this doctrine—for example, officer may not open door to shine
flashlight into car unless officer has grounds to open door); Kyllo v. United States, 533
U.S. 27 (2001) (use of sense-enhancing technology—in this case, a thermal imager that
detected relative amounts of heat within home—constituted search)

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A flashlight scan of the car is not invasive by definition; I believe its considered plain view.

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I can't even easily find things under the seat that I know are there.

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Well they found one along with a bunch of other illegal things so...

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...if it's sticking out a bit...

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The stars at night are big and bright

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Nothing good comes from New Market Square after dark......except Waffles!

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Sounds federal to me, but I guess it takes brown skin and a foreign-sounding name to get Homeland Security or ATF interested. And not enough drugs to excite the DEA, I suppose.

File under "Why Can't We Keep Guns Off The Streets." I would have hoped a Roxbury Municipal Court Judge would have a bit more of a clue.

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Where in Adam's post does it state the ethnicity of the Texans? Just because someone's name is Welsh, doesn't mean they're white and descended from people who came from Wales.

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It's not a stretch to assume that the media and some law enforcement would be treating this differently if the Texans where in religious garbs. Dare I say it, that's one of the things which would have been noted by the police and appear in the UHub summery.

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Would they hide their guns?

IMAGE(http://magdalenaperks.files.wordpress.com/2011/03/old-post-card-amish-men-at-barn-raising.jpg)

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A car full of people in traditional garbs of Mennonites, Hassidic Jews, Catholic Priests, or Hare Krishnas packing heat, driving without a license, and hiding drugs would most certainly raise additional suspicions and be worthy of mention in the article.

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A car full of people in traditional garbs of Mennonites, Hassidic Jews, Catholic Priests, or Hare Krishnas

I thought you were leading into some new, big joke ...

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Thought many Texans considered themselves at least a separate ethnicity. Their Texan religion certainly is separate from anywhere else. Perhaps they still think they are a separate nation all together.

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What are you even talking about?

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Federal law doesn't restrict the transportation of legally-obtained firearms and ammunition by individuals across state lines unless one is a felon, convicted of misdemeanor domestic violence, committed to a mental institution, etc. Federal law DOES protect individuals from local laws (like those in Massachusetts) while engaging in the interstate transportation of legally-acquired firearms and ammunition, but only if said items are inaccessible from the passenger compartment (i.e. in the trunk) or in a locked container which may not be the glove compartment or center console (and the firearms must be unloaded).

These guys aren't covered with an affirmative defense under Federal law because the gun was under the driver's seat -- we don't know from the story if the ammunition was found in the trunk. The cocaine found would also be an issue because illegal drug users are also prohibited from the interstate transportation of firearms, except that it was in the passenger's possession.

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Thank God the headlights weren't on. They probably would have got away with if it if the headlights were working. I'm laughing at a couple of sayings that come to mind. "Don't Mess With Texas" and "Everything is Big in Texas". Yeah, until you try coming to Boston. HA HA!!!

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And to think commenters here so often wonder why people are reluctant to confront their neighbors directly about disputes. Um, this is America, people have GUNS. Think these yahoos are the first and only ones to ever haul their arsenal into MA?

Signed, (happily) former Texan who still can't believe y'all sometimes.

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And the last fellas to do that also got a taste of Massachusetts justice.

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the slogan of the Texas Department of Transportation's anti-litter campaign. And TXDot has been pretty aggressive about going after people who've appropriated the slogan for their own purposes (t-shirts and the like).

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With that stash in the car ya think one of them would think that driving without headlights was not a good idea.

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