Wendell Massachusetts Police Department

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November 2002

Wendell Police Department launches www.wendellpd.com

In order to better serve the community, the Wendell Police Department has launched a new web page. We hope that this valuable resource will enable our community to be better informed, and more able to assist us in keeping Wendell a safe place. We also encourage citizens to utilize our forms page which has many frequently requested, downloadable forms.

December 2002

With the arrival of winter, and a decrease in Police patrols, Wendell has begun to experience a sharp increase in motor vehicle accidents. The Wendell Police Department would like to remind residents that winter travel can often be hazardous, especially in rural areas like Wendell, where many of our roads are heavily shaded, and do not benefit from the sunlight which helps to melt the ice. When driving on icy roads it is especially important to adhere to the posted speed limit, and to exercise caution and common sense. It is also important to wear your seat belt. This will greatly decrease your chances of serious injury should you have an accident. Stay safe, and enjoy the Holiday season.

December 20, 2002

Chiefs of Police Raise Red Flag Regarding Identity Theft, Urges Care with Personal Information

Recent news events have brought to light how easy it is for unscrupulous hackers to steal our identities and ruin our financial lives. Just last month, federal authorities said they cracked a ring responsible for the largest case of identity theft in U.S. history.

With a few keystrokes, 30,000 people's identities, bank accounts and credit profiles were savaged. A software company employee is charged with stealing access codes and passwords for 30,000 people whose bank accounts were drained, while credit card accounts were opened in their names and used to buy merchandise and establish lines of credit.

Law enforcement officials say the losses so far total $2.7 million, and they expect that figure to grow. These people are left on their own to straighten out their affairs and restore their financial standing in the community. It can take years.

Police urge all consumers to protect themselves against identity theft.

Privacy in an Electronic Age

But realistically, what can the average consumer do? "The truth is, you can't prevent identity theft from occurring but here's what you can do to minimize your chance of becoming a victim. Use these guidelines set out by the Federal Trade Commission and the Identity Theft Resource Center:

Check your credit reports once a year from all three of the credit reporting agencies: TransUnion (800-888-4213, www.transunion.com), Experian (888-397-3742, www.experian.com) and Equifax (800-685-1111, www.equifax.com).

Don't put your Social Security number or your driver's license number on your checks.
Watch for people who seem to be eavesdropping on information you give out orally.
Place passwords on your credit card, bank and phone accounts.
Secure personal information in your house, especially if you have roommates, employ outside help or are having service work done at home.
Deposit outgoing mail in post office collection boxes or at your local post office, rather than in an unsecured mailbox.
Try not to store financial information on your laptop computer. If you do, use a strong password -- a combination of letters, numbers and symbols. Don't use the automatic log-in feature that saves your user name and password so you don't have to enter them each time you log in or visit a Website. That way, if your laptop is stolen, it's harder for the thief to access your personal information.

Interestingly, the motto for the Information Awareness Office is Scientia Est Potentia, or Knowledge Is Power. When it comes to preventing identity theft, the only way to maintain power over your financial information is by limiting other people's knowledge of and access to it.

January 2003

On Tuesday, January 07, 2003, the Wendell Police Department received a complaint that on January 06, 2003 at approximately 1900 hours, a fifteen year old female was out for a walk, when she was approached by a male subject who was described as being a "scruffy looking" white male, in his 50's, with a large nose, large eyebrows, and un-shaven. The subject appeared to be intoxicated. A witness reported that the subject was operating an older model, black pickup truck which was described as "beat-up looking." The subject offered the girl a ride and stated that he was concerned for her well being. The girl refused. The subject then drove by the girl several more times, and again attempted to coax the girl into the vehicle. Witnesses reported that the vehicle registration bore a number seven (7) and the letter (Y). No further information was obtained. If anyone has any information regarding this incident or any similar incident, please contact the Wendell Police Department at 978-544-7448.

February 2003

Police Protective Fund Warning

Wendell Police Chief Edward D. Chase says that the office of Attorney General Tom Reilly has received numerous inquiries and complaints with regard to charitable fund raising organizations soliciting funds in Massachusetts. One such organization that has recently come to their attention is the “Police Protective Fund”. This is a tax-exempt section 501(c)(3) organization based in Austin, Texas. It is registered in Massachusetts and in compliance with the law thus they may legally conduct solicitations here in Massachusetts. “All-Pro Telemarketing”, a New Jersey based professional fund raiser, handles the telemarketing.

The Police Protective Service has been soliciting in Massachusetts. Chief Chase wants the residents of Wendell to clearly understand that the Wendell Police Department is not affiliated with the Police Protective Service and that neither the Wendell Police Department nor any employees of the department are beneficiaries of this charity or organization.

According to the companies IRS form 990, (Return of Organization Exempt from Income Tax), filed for the tax year 2001, the Police Protective Fund collected $2,880,162 in charitable donations from the public. The company reported that $2,525,271 was paid to professional fund raisers. The company claims that $189,113 was expended on “program services”, however most of that went to compensation of company officers and directors, payroll taxes, accounting, legal, bank and licensing fees, miscellaneous office expenses etc. According to the companies tax return it appears that only $20,573 in benefits (less than 1% of the donations solicited) were actually dispersed to recipients.

The Chief advises that should you be contacted by any fund raising organization, you should take the time to ensure that your donation will be used for its intended purpose. Take the time to learn more about the organization asking you for money.

Know your charity (verify address, phone number, contact information, website) Never give to a charity you know nothing about.

Examine your options. Never feel compelled to give to any charity. There are many charitable organizations responding to diverse needs and many of them are purporting to be supporting police officers and fire fighters, especially since September 11, 2001.

Be wary of appeals that are long on emotion. The hard luck tale is a favorite ploy of a phony operator. A legitimate charity will tell you how it's using your money to address the specific need.

Ask lots of questions. Ask the caller if he or she is a “paid fund raiser”? They are required to tell you. Ask how much of your money actually goes to the charity and how much is paid to the professional fund-raiser?

You should know that professional fund raisers commonly take at least 70% of every dollar donated as their fee. That means that for every dollar you contribute, only about 30 cents actually reaches the cause you are supporting.

Beware of professional fund-raisers who try to make their solicitations sound like they are coming directly from the charity itself or volunteers.

Don't succumb to pressure. Take the time to decide. Many legitimate charitable needs are out there; make sure the organization collecting your money is legitimate.

Do not pay by cash. Pay by check, and make it out to the charity (use its full name; don't use initials), not the fund-raiser. Never give your credit card number to a fund-raiser over the telephone. If the fund-raiser directly approaches you, ask to see identification. Better yet, mail your check directly to the charity of your choice.

If you are contributing over the Internet, check to see if the site is secure and will offer protection for your credit card number.

Always ask if the contribution is tax deductible.

Find out what the charity intends to do with the excess contributions remaining after the specific needs of the fund raiser are met.

Individuals with inquiries or complaints about charitable solicitations, should call the Public Charities Division of the AG's office at (617) 727-2200 x 2101 or write to:

Division of Public Charities, Room 1413
One Ashburton Place
Boston, MA 02108

For additional information on charitable giving, consult the Attorney General's website: www.ago.state.ma.us/charity.asp

Massachusetts Firearms Law and Information

Summary

During its 1998 session, the Massachusetts Legislature enacted comprehensive legislation that substantially modifies the laws regulating the licensing and possession of firearms and other weapons: Chapters 180 and of the Acts of 1998 (both effective October 21, 1998).

Some of the more crucial aspects of this legislation for police chiefs are the changes in the nature of, and licensing standards for, licenses to carry firearms and firearms identification cards. Additional provisions address a ban on assault weapons and covert weapons, the enhancement of gun safety, the imposition of restrictions on firearms dealers, the availability of commercial storage for firearms, an increase in penalties for firearms related offenses, changes in certain domestic violence procedures, and the establishment of a Firearms Record Keeping Trust Fund.

LICENSE TO CARRY FIREARMS

There are now two classes of licenses to carry (LTC) firearms: Class A and Class B.

A Class A LTC authorizes the possession and carrying of large capacity firearms, rifles, shotguns, and feeding devices. (A weapon is large capacity if it is a semiautomatic and has or is able to accept a feeding device of more than ten rounds of ammunition or more than five shotgun shells or is an assault weapon.) A Class A LTC is required in order to carry any loaded firearm in a concealed manner in a public way or place.

A Class B LTC authorizes the possession and carrying of non-large capacity firearms as well as large and non-large capacity rifles and shotguns.

No person under the age of twenty-one may be issued either a Class A or Class B LTC. LTC’s have a four year term and are renewable as discussed below.

FIREARMS IDENTIFICATION CARDS (FID CARDS)

An FID Card authorizes the possession and carrying of non-large capacity rifles and shotguns. An FID Card may, at the request of the applicant, be limited to the possession of mace and other incapacitating sprays. Whereas FID Cards had previously been issued for life, they now have a four year term.

No person under the age of fifteen may be issued an FID Card. No person who is fifteen but less than eighteen years of age may obtain an FID Card without parental permission.

DISQUALIFYING FACTORS

The circumstances under which a person shall be statutorily disqualified from obtaining a Class A or Class B License to Carry or an FID Card have been expanded. A person is now disqualified if he:

has been convicted (or adjudicated delinquent or as a youthful offender) of a felony, a misdemeanor punishable by more than two years imprisonment, a violent crime, or a weapons or drug offense;

has been confined to a hospital or institution for mental illness, unless he has an affidavit from a physician stating he is not disabled by such illness in a manner that prevents him from possessing a firearm;

is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless deemed cured by a physician;

is an alien;

is subject to an outstanding arrest warrant;

is subject to a suspension or surrender order or a protection order issued pursuant to M.G.L. c. 209A.

With respect to FID Cards, but not LTC’s the disqualifications for criminal convictions do not apply after five years from the date of conviction or release from incarceration or supervision, except that there is a lifetime disqualification for violent crimes or crimes involving the trafficking in drugs.

Upon the occurrence of a disqualifying event, the license or permit that had been issued shall be revoked or suspended.

APPLICATION/RENEWAL CHANGES

LTC’s and FID Cards are now valid for a four year period, and are subject to earlier suspension or revocation.

The fee for all licenses is $25.00, one-half of which is payable to the newly-established Firearms Record Keeping Trust Fund; the balance may be retained by the municipality. The purpose of this state fund is to improve the quality of record keeping regarding firearms transfers and to improve access by police departments to state firearms records. Money for training is also within the scope of the purposes for fund expenditures. There is no renewal fee for persons over the age of 70 or for the renewal of an FID Card issued solely for the purchase or possession of mace.

Applicants for Class A or Class B Licenses to Carry, FID Cards, or Permits to Purchase, who were not licensed on June 1, 1998, are required to submit a certificate of completion of a basic firearms safety course, or a certificate of completion of a hunting safety course issued by the Massachusetts Division of Fisheries and Wildlife. Certificates of course completion are not required for FID Cards issued for the sole purpose of purchasing or possessing mace or other incapacitating sprays.

No License to Carry or FID Card may be issued unless the Colonel of the State Police certifies in writing that the information available to him does not indicate that the applicant is disqualified. (The Colonel may ask for a change in the law so that records checks may continue to be done by local licensing authorities.)

A chief may issue a Class A or Class B LTC to a non-disqualified person who is "suitable" and who has "good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only."

A chief may impose such restrictions as he deems "proper" relative to the possession, use or carrying of the weapons authorized by the respective licenses. A violation of a restriction is cause for a suspension or revocation and is punishable by fine, but it does to negate the validity of the license for purposes of M.G.L. c. 269, §10 (Bartley-Fox).

Photographs and fingerprints are required for FID Cards as well as Licenses to Carry.

SHOOTING CLUBS

The Colonel of the State Police may issue a Class A LTC to a shooting club, incorporated in Massachusetts, with at least one shareholder qualified and suitable to be issued a Class A LTC, for the purpose of possessing, storing and using large capacity weapons, ammunition and feeding devices on club premises. A licensed club may not use targets depicting human figures or silhouettes, except by public safety personnel in the performance of official duties.

CARRYING RESTRICTIONS

A person must have a Class A LTC in order to carry or possess a loaded firearm in a concealed manner in a public place or way.

It is unlawful to carry a loaded firearm under a Class A LTC in a vehicle unless the firearm is under the licensee’s direct control.

It is unlawful to carry a firearm under a Class B LTC in a vehicle unless it is unloaded and contained in the locked trunk or locked in a secure container.

It is unlawful to possess a large capacity rifle or shotgun under a Class A or Class B LTC in a vehicle unless it is unloaded and contained in the locked trunk or locked in a secure container.

It is unlawful for a licensed person to carry a loaded rifle or shotgun on a public way unless engaged in hunting and in possession of a hunting license.

It is unlawful for a licensed person to carry an unloaded rifle or shotgun on a public way unless engaged in hunting and in possession of a hunting license, or unless the rifle or shotgun is enclosed in a case.

It is unlawful to carry a loaded weapon while under the influence of alcohol or drugs.

CRIMES

The penalties for violating numerous criminal statutes are increased if the violator was armed at the time of the offense.

Additionally, penalties for possession offenses are increased if a large capacity weapon is involved.

There is a new statute, M.G.L. c. 269, §10F, that makes it a criminal offense to unlawfully sell or transfer large capacity weapons.

Another new statute, M.G.L. c. 269, §10G, imposes escalating penalties on "armed career criminals."

BANNED WEAPONS

The 1998 Legislation bans the possession, sale and transfer of assault weapons and large capacity ammunition feeding devices that were not lawfully possessed on the effective date of the federal ban (September 13, 1994). The legislation also bans the possession and sale of so-called gadget guns and weapons that are not detectable by x-ray machines or walk-through metal detectors.

Inferior or junk guns (i.e., firearms that do not pass statutorily specified testing standards) may not be sold or transferred if they were not lawfully owned or possessed under a license issued under M.G.L. c. 140 on October 21, 1998.

FIREARMS DEALERS

Dealers are required to verify the current validity of all licenses and permits presented, and to confiscate any license or permit that is expired, suspended or revoked. All transactions must be conducted in person.

Records of weapons sales, rentals and leases are to be submitted immediately to the Criminal History Systems Board by way of electronic link. Reports must also specify if the weapon is a large capacity weapon.

Dealers are required to have a permanent place of business that is separate from a residence or dwelling.

Dealers are required to post and give to purchasers written notice that it is unlawful to store a weapon unless it is equipped with a tamper-resistant safety device or is kept in a securely locked container. The licensing authority is required to conduct an inventory and records inspection annually.

Licensed dealers who operate a bonded warehouse on the premises may, at the request of the police chief, store weapons that have been confiscated, surrendered, or otherwise turned over to the police. The owner of a confiscated or surrendered weapon is responsible for storage charges.

TRANSITION (GRANDFATHER) PROVISIONS

(a) Licenses to Carry will expire on the expiration date shown on the License and FID Cards issued prior to October 21, 1998 expire according to the following staggered schedule:

If the licensee’s birthday is between July 1 and December 31, it expires on his birthday in 1999.

If the licensee’s birthday is between January 1 and June 30, it expires on his birthday in 2000. (The license of a person born on February 29 expires on March 1.)

(b) An FID Card possessed on October 21, 1998 by a person in lawful possession of a large capacity rifle or shotgun shall be considered a Class B LTC for possession purposes.

(c) An LTC possessed on October 21, 1998 shall be deemed a Class A LTC.

(d) Any person who lawfully owns a large capacity or non-large capacity firearm or feeding device on October 21, 1998 that was purchased with a Permit to Purchase (Chapter 140, section 131A) unless such firearm and feeding device are transferred in accordance with the provisions of chapter 140, shall apply for an FID Card. Unless disqualified, the Card shall be issued. If not issued, the weapon and feeding device shall be surrendered in accordance with section 129D. The requirements for obtaining an FID Card under section 129B shall not apply if the person possesses a valid proof of exemption under section 129C. Such person may not possess or carry any firearm outside his residence unless he obtains a Class A or Class B LTC.

(e) The requirement that dealers submit sales records at the time of the transaction by electronic communication link shall not apply until September 1, 1999. (Dealers are currently required to submit records on a weekly basis.)

(f) The requirement that licensed dealers maintain a permanent place of business that is not a dwelling or residence shall not apply until September 1, 1999.

(g) The prohibitions against inferior and so-called junk guns do not apply to any firearm lawfully owned or possessed under a license issued under M.G.L. c. 140 on October 21, 1998.

(h) The requirement that a person must be 21 years of age to have a License to Carry does not apply to a person who is a lawful holder of a License to Carry on October 21, 1998 for the purpose of possessing rifles, shotguns and firearms lawfully owned by such person on such effective date. However, no firearm and no large capacity rifle or shotgun may be sold, leased, transferred or delivered to any person less than 21 years of age.

(i) All FID Cards lawfully possessed on October 21, 1998 shall be valid, unless revoked or suspended, until the expiration date specified in the new law, for the purpose of possessing large capacity rifles, shotguns or feeding devices therefore, or possessing any firearm or feeding device lawfully owned on October 21, 1998 that was purchased with a permit to purchase under section 131A. However, such card shall not be valid for the purpose of purchasing, leasing or otherwise receiving through transfer large capacity rifles or shotguns or large capacity feeding devices. Nothing prohibits such person from possessing, purchasing, leasing, or otherwise receiving through transfer non-large capacity rifles, shotguns or ammunition feeding devices therefore. They may also apply for an LTC.

(j) The Secretary of the Executive Office of Public Safety is required to issue regulations to implement the provisions of this legislation and to ensure that notice be provided through the most effective means possible to each cardholder and licensee of the upcoming expiration dates of their cards and licenses and of the restrictions provided under the legislation. The Executive Director of the Criminal History Systems Board is required to develop a plan to provide licensing authorities with applications and renewal applications for FID Cards and Class A and Class B LTC’s at no cost and within a reasonable time. The plan must be submitted to the legislature by March 15, 1999. Within 30 days of the effective date of this law, the Governor shall appoint members to the Gun Control Advisory Board.