What Could Possibly Go Wrong?
What Could Possibly Go Wrong?
The Cross-Examination of David Webb
0:00
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The Cross-Examination of David Webb

On the stand in Webb vs Worcester Police

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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