Appealed to the city to get my license to carry back. This was the cross-examination.
My Lawyer (00:00:00):
Is there anything else that I have not asked you that you think it's important for
My Lawyer (00:00:04):
the court to know regarding why you appeal the suspension of your license to carry?
David Webb (00:00:16):
Yeah.
David Webb (00:00:22):
I lost my license before.
David Webb (00:00:23):
I got it back.
David Webb (00:00:24):
It took a lot of money and time and effort.
David Webb (00:00:26):
I worked hard to actually keep my nose clean and not break any laws.
David Webb (00:00:29):
And it seems like I didn't commit any crimes and I didn't hurt anyone and I didn't put anyone in risk.
David Webb (00:00:36):
And I still am in this situation.
David Webb (00:00:38):
And I think my behavior is covered under my first and second amendment.
David Webb (00:00:44):
Thank you.
The Judge (00:00:46):
Cross-examination.
City Lawyer (00:00:55):
Mr. Webb, you've described yourself as a Facebook whore.
City Lawyer (00:01:03):
Is that true?
David Webb (00:01:04):
That is entirely accurate.
City Lawyer (00:01:06):
And what does that mean?
David Webb (00:01:11):
That I am on Facebook a lot of the time, that I do not actually get any form of profit from Facebook.
City Lawyer (00:01:23):
I'm sorry, did you repeat that?
David Webb (00:01:24):
I do not actually get any form of profit from Facebook.
David Webb (00:01:26):
I'm not getting paid, if that's what you're asking.
David Webb (00:01:28):
No.
City Lawyer (00:01:30):
But you're on there a lot?
City Lawyer (00:01:32):
I'm pretty active on social media, yes.
City Lawyer (00:01:36):
And it's your position,
City Lawyer (00:01:38):
based on the testimony you've given,
City Lawyer (00:01:39):
that keeping people friendly and happy with each other,
City Lawyer (00:01:43):
that that's one of the ways in which things get obfuscated.
City Lawyer (00:01:48):
Is that true?
David Webb (00:01:52):
That was the motive.
David Webb (00:01:54):
Things get obfuscated because they don't want to upset the people they're working with.
City Lawyer (00:02:00):
And so you use Facebook as a way of exposing things that the public should be aware of?
David Webb (00:02:09):
I exercised my First Amendment to expose corruption, yes.
City Lawyer (00:02:14):
And was there something corrupt about the way in which the police were removing the
City Lawyer (00:02:18):
homeless people on January 10th of 2024?
David Webb (00:02:22):
Um,
David Webb (00:02:22):
as I understand it,
David Webb (00:02:23):
it was an eighth amendment issue to,
David Webb (00:02:26):
so,
David Webb (00:02:27):
um,
David Webb (00:02:27):
to,
David Webb (00:02:28):
to,
David Webb (00:02:28):
to,
David Webb (00:02:28):
to,
David Webb (00:02:29):
yeah,
David Webb (00:02:30):
uh,
David Webb (00:02:30):
if I'm not mistaken,
David Webb (00:02:31):
the reason that no one has people were actually arrested despite everyone being
David Webb (00:02:34):
threatened with arrest for trespassing was because the city did not actually have
David Webb (00:02:38):
another place for them to go.
City Lawyer (00:02:44):
So what were you trying to expose?
City Lawyer (00:02:45):
The fact that the police arrested people or the fact that
City Lawyer (00:02:50):
I was trying to- The homeless had no place, or the unhoused had no place to go.
David Webb (00:02:54):
What I ended up showing that night was that despite the fact that the city was
David Webb (00:02:58):
making sure the unhoused community couldn't create its own community,
David Webb (00:03:02):
they waited to act until there were 30 of them there.
David Webb (00:03:04):
So the police understand that they need a community behind them to do anything,
David Webb (00:03:09):
but they won't allow them to build their own community.
David Webb (00:03:14):
What I was trying to show
David Webb (00:03:15):
that day was that the smock,
David Webb (00:03:19):
the company that owns the shelter that did request the Worcester Police Department
David Webb (00:03:24):
have the lawful protesters removed because it was their property.
David Webb (00:03:29):
And I guess that technically makes it trespassing.
David Webb (00:03:31):
Smock is a problematic,
David Webb (00:03:33):
harmful agency that,
David Webb (00:03:35):
despite having most of the contracts in the city,
David Webb (00:03:38):
doesn't act with compassion or respect or integrity.
David Webb (00:03:43):
And in this particular situation, did not
David Webb (00:03:45):
accommodate at all trans people or listen to sexual assault victims about what they actually needed.
David Webb (00:03:54):
They were failing to provide a safe place, and I was there in protest of that.
David Webb (00:03:57):
And the Worcester Police Department,
David Webb (00:03:59):
as far as I understand,
David Webb (00:04:01):
was...
David Webb (00:04:01):
In fact,
David Webb (00:04:02):
I had a lengthy conversation with someone who said he was just trying to do his job,
David Webb (00:04:05):
and he was like,
David Webb (00:04:06):
well,
David Webb (00:04:06):
what are we going to do about this problem?
David Webb (00:04:07):
And I talked to him about the problem,
David Webb (00:04:09):
and he understood that he was trying to solve today's problem,
David Webb (00:04:13):
which was
David Webb (00:04:14):
Smock says that they're trespassing and they need to remove people.
David Webb (00:04:17):
I was there to talk to them about ongoing larger problems.
David Webb (00:04:21):
And none of the police there seemed able to discuss that.
City Lawyer (00:04:31):
And the police were in the process of asking the unhoused questions.
City Lawyer (00:04:35):
Is that correct?
David Webb (00:04:46):
don't think actually sergeant basley asked any questions i think he was just
David Webb (00:04:49):
advising people that they would be arrested for trespassing if they weren't gone in
David Webb (00:04:53):
a few hours um there was someone there from smock who had a few questions oh i'm
David Webb (00:04:58):
sorry they there were questions and the question was how many people are there and
David Webb (00:05:03):
i advised people there not to answer that because i knew that it was a mathematic
David Webb (00:05:08):
equation if they knew that they had enough available beds they could systematically
David Webb (00:05:12):
arrest everyone at the academy
City Lawyer (00:05:16):
So the police weren't asking them about their criminal activity.
City Lawyer (00:05:19):
They were asking them about how many people were there.
City Lawyer (00:05:23):
Is that true?
City Lawyer (00:05:29):
I think so.
City Lawyer (00:05:30):
Yeah.
City Lawyer (00:05:33):
And so you were advising them not to respond.
David Webb (00:05:36):
I was reminding people that under the Fifth Amendment, they don't have to respond to police.
City Lawyer (00:05:41):
Well, the Fifth Amendment is, if I'm not mistaken,
City Lawyer (00:05:45):
regarding the rights to not self-incriminate.
City Lawyer (00:05:49):
So was there a crime that they were being asked about that you were telling them not to answer?
David Webb (00:05:53):
I'm potentially the least qualified person in this room to explain this,
David Webb (00:05:56):
but as I understand it and as I try to explain to them,
David Webb (00:06:00):
because there is a...
David Webb (00:06:06):
Because you have significant...
David Webb (00:06:08):
Because you and...
David Webb (00:06:11):
Because the police department has a,
David Webb (00:06:14):
because I cannot possibly understand how many different ways I can incriminate myself.
David Webb (00:06:18):
I have the right not to say anything to you because anything I say to you will be used against me.
David Webb (00:06:25):
And I was trying to make sure that they understood that they could simply not
David Webb (00:06:29):
respond rather than provide things that would then be used against them.
City Lawyer (00:06:34):
Do you observe the end house on that particular occasion?
City Lawyer (00:06:36):
Do anything that you consider to be a criminal act?
David Webb (00:06:39):
I don't know if I'm qualified to answer that.
City Lawyer (00:06:43):
In your opinion, did you observe any criminal activity by the unhoused that day?
My Lawyer (00:06:48):
Relevance to the suitability to own a license to carry.
The Judge (00:06:55):
I'm going to sustain it.
The Judge (00:06:56):
I did give the petitioner a lot of leeway as the issue of suitability on direct,
The Judge (00:07:02):
and I do want to give the city an opportunity to cross,
The Judge (00:07:04):
but I do think we are getting a little far afield,
The Judge (00:07:06):
so I'll just sustain the objection and ask for a new question.
David Webb (00:07:09):
With the possible exception of trespassing,
David Webb (00:07:11):
I don't believe so,
David Webb (00:07:12):
and I have strong feelings on that trespassing.
City Lawyer (00:07:22):
Were you attempting to frustrate the objectives of the police department that day?
David Webb (00:07:35):
Would you please clarify what the objectives of the police department that day were?
City Lawyer (00:07:39):
I wasn't there,
City Lawyer (00:07:39):
but I'm going to assume that their objective was to request information from the unhoused.
My Lawyer (00:07:46):
Same issue.
My Lawyer (00:07:47):
We're really far away from the issue of suitability, Judge, especially on somebody that wasn't arrested.
City Lawyer (00:07:53):
Your Honor,
City Lawyer (00:07:53):
this goes to the fact that he is not cooperating with the police,
City Lawyer (00:07:58):
which I'll show through additional testimony,
City Lawyer (00:08:00):
and in fact,
City Lawyer (00:08:01):
frustrating the police and showing evidence of the fact that he is not able to
City Lawyer (00:08:09):
comply with the lawful requests of police officials,
City Lawyer (00:08:14):
including the
City Lawyer (00:08:15):
compliance with the terms and conditions of his license to carry.
The Judge (00:08:19):
Okay.
The Judge (00:08:20):
Because the incident is in evidence is being considered and was something that the
The Judge (00:08:25):
deputy chief was aware of at the time we made his decision.
The Judge (00:08:28):
The court has allowed extensive testimony about the protest and about the petitioners conduct there.
The Judge (00:08:33):
I'm going to sustain the objection to the extent that it seeks the witness to
The Judge (00:08:38):
comment on the objectives of the police department,
The Judge (00:08:40):
because as this court understands the phrasing of the question,
The Judge (00:08:44):
It seeks the witness to speak upon something the witness couldn't have personal knowledge of.
The Judge (00:08:49):
But the court's making the determination that area of inquiry and evidence is permissible,
The Judge (00:08:54):
but that the question is improper.
The Judge (00:08:55):
So as to the nature of the question, the objection is sustained.
The Judge (00:08:59):
You can pose a new one, counsel.
City Lawyer (00:09:00):
Thank you.
City Lawyer (00:09:03):
When the police were asking questions,
City Lawyer (00:09:05):
was your intention to stop them from receiving answers from the in-house?
City Lawyer (00:09:10):
No.
City Lawyer (00:09:11):
When you posted online, see blue lights, shoot on site, what was your intention then?
David Webb (00:09:17):
When I shared someone else's comment saying that it was to let people know that
David Webb (00:09:26):
they were not alone in their hopelessness,
David Webb (00:09:28):
that this concern that the peaceful approach isn't working is
David Webb (00:09:38):
is is shared um but i very specifically said i do not condone it because i don't so
City Lawyer (00:09:47):
your purpose was to express that the peaceful approach isn't working no my in my
David Webb (00:09:56):
purpose was to share that
David Webb (00:10:01):
people were not alone in recognizing that there was a lack of compassion from city
David Webb (00:10:06):
council and that asking people nicely hasn't actually protected people in some ways.
David Webb (00:10:12):
I was... No, I'm simply letting people know they're not alone, which, frankly, everyone needs these days.
City Lawyer (00:10:20):
Your objective in posting that wasn't, to use your words, generate outrage?
David Webb (00:10:28):
No.
City Lawyer (00:10:29):
I think... No.
City Lawyer (00:10:31):
So you think that posting,
City Lawyer (00:10:33):
see blue lights,
City Lawyer (00:10:34):
shoot on site,
City Lawyer (00:10:36):
is okay,
City Lawyer (00:10:38):
so long as you qualify and say,
City Lawyer (00:10:39):
well,
City Lawyer (00:10:39):
I don't necessarily support.
City Lawyer (00:10:40):
Is that true?
David Webb (00:10:41):
I think it's covered by my First Amendment.
David Webb (00:10:44):
So one, I didn't say it.
David Webb (00:10:46):
I shared someone else saying it.
David Webb (00:10:48):
And...
David Webb (00:10:49):
I do think it is covered under my First Amendment to,
David Webb (00:10:53):
like,
David Webb (00:10:54):
I guess,
David Webb (00:10:55):
I know I can't,
David Webb (00:10:55):
like,
David Webb (00:10:55):
turn it back on you,
David Webb (00:10:56):
but the way I try to handle this in my own head is,
David Webb (00:10:59):
okay,
David Webb (00:10:59):
well,
David Webb (00:10:59):
where's the line on it is a,
David Webb (00:11:02):
I'm not allowed to share other people's words if they might have,
David Webb (00:11:06):
like,
David Webb (00:11:06):
I guess what I'm trying to say is,
David Webb (00:11:07):
you know,
David Webb (00:11:08):
if,
David Webb (00:11:09):
I don't know.
David Webb (00:11:10):
No, I did not try to generate outrage.
David Webb (00:11:12):
I'm really good at doing that, and I can do that in my own words.
City Lawyer (00:11:16):
And, in fact, you have generated outrage just recently, haven't you?
David Webb (00:11:20):
Are you referring to when I was attacked by the owner of a restaurant that many of
David Webb (00:11:27):
our local city councilors use as their registered location?
City Lawyer (00:11:31):
Among other things.
David Webb (00:11:35):
Yes.
David Webb (00:11:36):
I generate outrage.
City Lawyer (00:11:37):
You posted something and the response was a physical attack on you.
City Lawyer (00:11:41):
Is that true?
David Webb (00:11:43):
Which is part of why I need my right to self-defense.
City Lawyer (00:11:48):
And
City Lawyer (00:11:49):
earlier in the year did you post a home address of a constable only to have the
My Lawyer (00:11:54):
next day the costals car vandalized we're we're in left field right now okay the
The Judge (00:12:03):
objection the objection is going to be sustained both as relevance and also as it's
The Judge (00:12:07):
being beyond the scope of direct examination you can pose your next question
The Judge (00:12:10):
council thank you
City Lawyer (00:12:19):
You take satisfaction in frustrating the police?
David Webb (00:12:27):
No.
City Lawyer (00:12:32):
On April 7th of 2024, you posted a blog.
City Lawyer (00:12:40):
And you stated in that blog, the paperwork was all filed online.
City Lawyer (00:12:46):
However,
City Lawyer (00:12:47):
my assistant selected machine gun when filing a few of the rifles so that they may
City Lawyer (00:12:53):
cause a whole different chain of investigation that does require me bringing the
City Lawyer (00:12:57):
guns into the station.
City Lawyer (00:12:59):
But it'll hopefully just add to the chaos and confusion caused by their inability to query a database.
City Lawyer (00:13:07):
Does that suppose your word, sir?
David Webb (00:13:12):
Yeah,
David Webb (00:13:12):
the city had originally sent me a letter requesting,
David Webb (00:13:16):
I think,
David Webb (00:13:16):
27 guns and five it thought it had discrepancies with.
David Webb (00:13:20):
And in the first 27, one of them was listed twice.
David Webb (00:13:24):
Anyways, I had my assistant at the time file the transfer forms.
David Webb (00:13:33):
And she accidentally selected machine gun on one of them, which is
David Webb (00:13:42):
I don't know.
David Webb (00:13:42):
She didn't notice.
David Webb (00:13:43):
I noticed it afterwards when I was looking through the forums.
David Webb (00:13:44):
I figured, okay, whatever.
David Webb (00:13:46):
This is either going to, either no one's going to notice or this is going to be a really big deal.
David Webb (00:13:53):
But, yeah, those are my words.
City Lawyer (00:13:55):
So why were you hopeful that it would add to the chaos and confusion of looking
City Lawyer (00:13:59):
into your ownership of firearms?
David Webb (00:14:04):
Because it's,
David Webb (00:14:06):
I mean,
David Webb (00:14:07):
I kind of expect you guys to be able to keep track of which guns I own considering
David Webb (00:14:10):
that I did all the paperwork.
David Webb (00:14:11):
and being asked for 30-something guns,
David Webb (00:14:15):
when I've actually never possessed that many at one point in time and actually
David Webb (00:14:20):
hadn't possessed most of those.
David Webb (00:14:22):
Some of the guns you guys,
David Webb (00:14:23):
the Worcester Police Department asked me for,
David Webb (00:14:25):
I hadn't owned since before my LTC was taken by the West Boylston Police Department.
David Webb (00:14:31):
Some of them had been, one of them had been dropped off at a police purchase.
David Webb (00:14:35):
I provided the Worcester Police Department with, sorry, a gun buyback.
David Webb (00:14:40):
So like I was kind of at this point
David Webb (00:14:44):
amused with the disorganization and figured, oh well, if mine adds to that, that's, yeah.
David Webb (00:14:49):
But like, frankly, because it makes it harder to do your job well.
David Webb (00:14:53):
But it wasn't intentional on anyone's end.
City Lawyer (00:15:04):
When the police attempted to deliver the suspension notice, the letter, to you at your place of business,
City Lawyer (00:15:11):
They couldn't find you because you had relocated the business and not informed them.
City Lawyer (00:15:15):
Isn't that true?
David Webb (00:15:17):
If I'm not mistaken, my home address is what was on the LTC, not my business address.
David Webb (00:15:24):
And more importantly, I don't think I've ever given them the old business address either.
David Webb (00:15:30):
I could be wrong.
City Lawyer (00:15:34):
And when they came to give you the notice,
City Lawyer (00:15:35):
they advised you that they had a suspension notice of your license to carry.
City Lawyer (00:15:39):
And this was all recorded on body-worn cameras, correct?
David Webb (00:15:46):
There were body-worn cameras recording.
David Webb (00:15:48):
One of them did not collect the first few seconds of audio.
David Webb (00:15:55):
Captain Early did show up at my shop and attempt to deliver a notice to me.
David Webb (00:16:00):
I did not accept delivery of it.
David Webb (00:16:01):
It was left with a employee at my shop.
City Lawyer (00:16:05):
Well, why wouldn't you cooperate with the delivery of the notice and just take it in hand?
David Webb (00:16:11):
Because I have no clue what the notice is,
David Webb (00:16:13):
I have no clue what ramifications come from it,
David Webb (00:16:15):
I do not want to...
David Webb (00:16:18):
The Worcester Police Department uses every single possible tactic in its arsenal to
David Webb (00:16:23):
get results,
David Webb (00:16:24):
to get to this point in time and do your job successfully.
David Webb (00:16:27):
It is my right and duty as a citizen to lawfully make that as difficult as possible.
City Lawyer (00:16:37):
It's your duty to make it as difficult as possible.
David Webb (00:16:41):
Given the way our court system works,
David Webb (00:16:43):
unfortunately,
David Webb (00:16:44):
I have to protect my rights and part of that is sometimes if someone walks in and
David Webb (00:16:49):
hands you a letter,
David Webb (00:16:50):
you don't accept that because you don't know what's going to be on the letter.
City Lawyer (00:16:54):
And how does our court system work in a way that you're critical of that you've just described?
City Lawyer (00:16:59):
Sustained.
City Lawyer (00:17:01):
Thank you.
City Lawyer (00:17:09):
Did you also, in that
City Lawyer (00:17:12):
April blog explained to people that with a little mechanical knowledge,
City Lawyer (00:17:20):
about 30 cents in parts,
City Lawyer (00:17:22):
and maybe an Allen wrench,
City Lawyer (00:17:24):
any lawful weapon here in the Commonwealth of Massachusetts could be converted into
City Lawyer (00:17:30):
an unlawful weapon?
David Webb (00:17:31):
No, I did not explain that.
My Lawyer (00:17:33):
You've never said that?
My Lawyer (00:17:34):
I'll object.
My Lawyer (00:17:34):
This is beyond the scope as well, Judge.
The Judge (00:17:40):
It counts as the basis of your question.
The Judge (00:17:43):
April of 2024.
The Judge (00:17:44):
Yes.
The Judge (00:17:48):
So the witnesses already answered the question,
The Judge (00:17:51):
but it will sustain the objection as to any further inquiry along that line.
City Lawyer (00:17:54):
Thank you.
City Lawyer (00:18:01):
And you testified earlier that you have.
City Lawyer (00:18:05):
Facebook posts that are visible.
City Lawyer (00:18:09):
To everyone on Facebook and then you have private posts as well, correct?
City Lawyer (00:18:14):
There's friends only and public, correct.
David Webb (00:18:17):
And friends only posts, what do you use those for?
David Webb (00:18:21):
It really depends.
David Webb (00:18:22):
A lot of my cat pics, family pictures, things I'm worried about getting hate on.
City Lawyer (00:18:28):
Did you create a Facebook private page for sale of weapons?
City Lawyer (00:18:33):
No.
City Lawyer (00:18:36):
Did you ever offer to sell weapons on a Facebook page?
David Webb (00:18:40):
Yes.
David Webb (00:18:42):
Wait, by page, are you talking about separate from my personal Facebook page?
City Lawyer (00:18:46):
I'm not really sure, to be quite honest with you.
City Lawyer (00:18:48):
Have you ever offered to sell firearms on Facebook?
David Webb (00:18:52):
Absolutely.
David Webb (00:18:53):
If you're referring to the two boxes I posted a picture of,
David Webb (00:18:56):
and I don't remember what,
David Webb (00:18:58):
but this was after my LTC was suspended,
David Webb (00:19:01):
those boxes,
David Webb (00:19:02):
as I clarified in the comments,
David Webb (00:19:03):
were empty.
David Webb (00:19:04):
I was selling the contents.
David Webb (00:19:05):
I was offering to transfer them from the person that now legally possesses my
David Webb (00:19:10):
firearm to sell them and get funds to pay my lawyer.
City Lawyer (00:19:14):
Well, why wouldn't you have the person who's lawfully in possession of them offer them for sale?
David Webb (00:19:21):
So if your friend agrees to hold your car, will he also sell it for you?
City Lawyer (00:19:26):
I'm not here to answer questions.
City Lawyer (00:19:27):
Could you answer mine?
David Webb (00:19:30):
Because as I understand it, I'm not restricted from selling firearms, just possessing.
City Lawyer (00:19:38):
So you don't need a FL, as you describe it, a federal firearms license to sell firearms?
David Webb (00:19:45):
I'm,
David Webb (00:19:46):
as I understand it,
David Webb (00:19:46):
someone who possesses a firearm can walk into an FFL and transfer it to someone else.
David Webb (00:19:50):
Please correct me if I'm mistaken.
City Lawyer (00:19:54):
But you didn't walk into a location to transfer it.
City Lawyer (00:19:58):
You posted this on Facebook after your license had been suspended.
City Lawyer (00:20:01):
And my question to you is,
City Lawyer (00:20:02):
why didn't you have the person in lawful possession offer to sell the guns for you?
David Webb (00:20:09):
Because the person in lawful possession runs a business and has a full-time life.
City Lawyer (00:20:13):
May I approach your arm?
City Lawyer (00:20:15):
I'm going to show you the document.
City Lawyer (00:20:26):
Do you recognize this document, Mr. Webb?
David Webb (00:20:32):
I believe it's the post I was just talking to you about with the two boxes.
David Webb (00:20:35):
And again, this is beyond the scope.
The Judge (00:20:37):
Okay,
The Judge (00:20:37):
so I'm going to hear,
The Judge (00:20:39):
not knowing what the document is,
The Judge (00:20:42):
nature of the objection that it's beyond the scope of direct?
My Lawyer (00:20:44):
Beyond the scope of April, of March of 2024.
The Judge (00:20:47):
Okay, that it's information that occurred after and is not the base of the chief's decision.
The Judge (00:20:51):
Okay, I will hear from you, Mr. Baudi, as an offer of proof.
City Lawyer (00:20:55):
Your Honor,
City Lawyer (00:20:55):
again,
City Lawyer (00:20:56):
this goes towards his sale of firearms,
City Lawyer (00:21:01):
this goes to his suitability in general,
City Lawyer (00:21:05):
his ability to conform to the laws,
City Lawyer (00:21:10):
and so therefore it's relevant overall to whether he is a suitable license holder.
City Lawyer (00:21:16):
And I might add,
City Lawyer (00:21:17):
Your Honor,
City Lawyer (00:21:18):
too,
City Lawyer (00:21:18):
that there is case law that says not every grounds for determination of
City Lawyer (00:21:24):
unsuitability
City Lawyer (00:21:25):
needs to be enumerated in a letter of suspension or revocation.
City Lawyer (00:21:31):
That other grounds can be there.
City Lawyer (00:21:33):
It is not incumbent upon the licensing authority to state each and every reason.
My Lawyer (00:21:41):
That just goes against every basic constitutional precept that you have to give
My Lawyer (00:21:46):
notice so that people have an opportunity to be a judge.
The Judge (00:21:49):
OK,
The Judge (00:21:50):
but understanding that I've had an opportunity to hear from the licensing authority
The Judge (00:21:56):
and thoroughly heard the basis of the suspension.
The Judge (00:22:00):
So if this is information that was not considered by the licensing authority in
The Judge (00:22:06):
subsequent to the suspension,
The Judge (00:22:08):
the court is going to sustain the objection
The Judge (00:22:10):
as to relevance.
The Judge (00:22:11):
Thank you, Your Honor.
City Lawyer (00:22:29):
If I may just have a moment please, Your Honor.
The Judge (00:22:38):
May, please take your time.
City Lawyer (00:22:51):
Have you ever manufactured firearms from parts?
David Webb (00:22:58):
When you say manufacture, do you mean put together an AR-15?
David Webb (00:23:03):
Assembled.
My Lawyer (00:23:05):
Any firearm.
My Lawyer (00:23:06):
And again, Judge, this is the same objection.
My Lawyer (00:23:08):
This is trying to get a second bite at the apple that is not part of the determination on suitability.
City Lawyer (00:23:16):
Well,
City Lawyer (00:23:16):
Your Honor,
City Lawyer (00:23:17):
he testified under direct examination that he made holsters,
City Lawyer (00:23:25):
that he made training guns with 3D printers,
City Lawyer (00:23:29):
and he also testified that there was some discussion as to whether he was
City Lawyer (00:23:36):
manufacturing weapons.
City Lawyer (00:23:39):
And so I think that this is a reasonable
City Lawyer (00:23:42):
field of inquiry at this point.
The Judge (00:23:43):
Okay,
The Judge (00:23:44):
I'm going to give the question the limited ability on cross-examination only
The Judge (00:23:48):
because the court does have a recollection that on direct examination,
The Judge (00:23:52):
the petitioner was asked if he had been involved in the manufacturing of ghost guns
The Judge (00:23:56):
and the court heard the petitioner's testimony on that issue.
The Judge (00:23:59):
So I will let you very limited cross on that issue, Mr. Boddy.
The Judge (00:24:04):
So if you understood the question, sir, you can answer it.
The Judge (00:24:06):
If you need the attorney to repeat the question, you can certainly ask that as well.
David Webb (00:24:11):
I've assembled an AR-15.
David Webb (00:24:12):
It was the day before Marguila's reinterpretation.
David Webb (00:24:16):
I think you're aware of this because I referenced it in a Facebook post where I called myself a Facebook.
David Webb (00:24:22):
I linked to it saying, I am a Facebook or because I posted about it and linked to it.
David Webb (00:24:27):
So yes, I have assembled an AR-15.
David Webb (00:24:30):
It was registered through Massachusetts portal within 24 hours.
City Lawyer (00:24:35):
Have you assembled other firearms?
David Webb (00:24:38):
No, not from like complete, no.
David Webb (00:24:41):
I've like disassembled and reassembled them,
David Webb (00:24:43):
but if you're talking about manufacturing,
David Webb (00:24:46):
like taking something that isn't a firearm and making it a firearm,
David Webb (00:24:48):
then no.
David Webb (00:24:49):
That was the one time I've done it.
City Lawyer (00:24:51):
Have you converted any lawful firearms into illegal firearms?
David Webb (00:24:54):
I don't believe so.
City Lawyer (00:24:56):
When you say I don't believe so, what is the basis of your belief?
David Webb (00:25:00):
I mean, so what is your definition of a lawful firearm?
David Webb (00:25:03):
Are we talking automatic or what are you trying to ask me here?
City Lawyer (00:25:06):
Well,
City Lawyer (00:25:07):
you made a post saying that with 30 cents,
City Lawyer (00:25:10):
an Allen wrench,
City Lawyer (00:25:12):
and a little bit of mechanical knowledge,
City Lawyer (00:25:13):
you could convert a lawful firearm into an illegal firearm.
City Lawyer (00:25:18):
And all I'm asking is, what did you mean, and have you done it?
My Lawyer (00:25:22):
And same objection, Judge.
The Judge (00:25:25):
So without the foundation as irrelevance, the objection is going to be sustained.
City Lawyer (00:25:30):
I have nothing further, Your Honor.
The Judge (00:25:31):
Thank you.
The Judge (00:25:31):
Okay.
The Judge (00:25:32):
Anything further from you?
The Judge (00:25:33):
No, nothing further.
The Judge (00:25:34):
Okay.
The Judge (00:25:35):
And you can give that document back, my clerk.
The Judge (00:25:37):
That was not in evidence.
The Judge (00:25:38):
Sir, thank you for your testimony.
The Judge (00:25:39):
Thank you for putting yourself down at this time.
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