Cape & Islands News

Theft of gun from DA poses continuing questions

Who "polices" the police?
Gun license status, lack of serial number raise potential issues

By James Kinsella

The 2006 theft of a firearm from the home of Cape and Islands District Attorney Michael O'Keefe - a firearm for which no serial number is available - has raised questions concerning the Cape's top law enforcement official.

Massachusetts law also requires that the owner of a firearm hold a license or permit appropriate for that gun.

State law requires that the serial number of a firearm be recorded every time the gun is sold or transferred. Law enforcement officials say serial numbers are key tools for investigating crimes involving guns.

Massachusetts law also requires that the owner of a firearm hold a license or permit appropriate for that gun.

O'Keefe lives in Sandwich. On Dec. 28, 2006, Sandwich police responded to a report of breaking and entering at his home. During that break-in, according to police, a gun was stolen.

The police department investigation of the missing gun, which remains open, has been hampered by what a department memo calls "the lack of a serial number."

The Sandwich police have been hampered by what a department memo calls "the lack of a serial number."

The department has listed the weapon as stolen on a shared law enforcement computer system, but, given the lack of a serial number, hasn't been able to list the theft on another shared system.

A question also has arisen about whether O'Keefe, who told police he owned the gun, legally owned the weapon.

In an Aug. 26 interview with Sandwich Police Chief Michael Miller, investigative writer Peter Robbins asked whether O'Keefe possessed a valid gun permit at the time of the theft.

"I don't know," the chief responded, "but I know he has one now."

On Friday, O'Keefe declined to answer questions from Cape Cod Today about the theft of the weapon.

"I wouldn't answer questions about an ongoing investigation," he said. "I would have nothing to say about it."

The Sandwich police, who are working with other agencies, have developed suspects in the investigation, which now is more than 20 months old.

A source close to the investigation has reported that the stolen weapon is a Smith & Wesson Chief's Special .38 caliber handgun that carries five rounds and has a 2-inch barrel.

"I wouldn't answer questions about an ongoing investigation. I would have nothing to say about it."
                           - Michael O'Keefe

According to Wikipedia, the Chief's Special is a longtime favorite among law enforcement officials. Given its short barrel, the pistol is known as a "belly gun," better suited for pressing against the stomach of an intended target rather than any long-range shooting. The pistol also is easily concealed on the body.

Before taking ownership of a handgun, a resident must obtain what is known as a license to carry, a gun permit required of pistol owners. The license must be approved and issued by the chief of police - who is the permitting authority - in the town where the applicant resides.

A person convicted of violating gun laws in Massachusetts can face fines and jail.

For example, according to Chapter 140 of the Massachusetts General Laws, a person who obtains a firearm from someone other than a licensed firearms dealer must provide authorities with "the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number.

"Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than 10 years," the law states.

Both Ron Glidden, the chairman of the state Gun Control Advisory Board, and Terrel Harris, communications director of the state Executive Office of Public Safety and Security, said serial numbers are important in investigating crimes involving firearms.

Glidden, who is the police chief in Lee, said it's a felony to remove serial numbers from guns, or to possess a gun from which serial numbers have been removed.

Serial numbers are key in identifying guns used in crimes

The state, he said, records serial numbers of weapons sold or transferred in Massachusetts in a database. The serial numbers are drawn from the forwarding of registration forms, known as FA-10s, used for the purchase or transfer of firearms. The state firearms records bureau maintains the database.

Police looking for information on a firearm sold or transferred in Massachusetts would check with the gun owner, and further could ask the dealer who sold the gun, or the firearms records bureau.

Speaking of serial numbers, Harris said, "It's a tracking device for state, local and federal law enforcement. That's what makes the serial number so important. It tells us who should have that weapon.

Information about whether O'Keefe had a valid gun permit at the time the weapon was stolen is not a matter of public record.

"If it shows up somewhere and you're not with it, it means something's gone awry down the line," Harris said.

Information about whether O'Keefe had a valid gun permit at the time the weapon was stolen is not a matter of public record. Chapter 66 of Massachusetts General Laws specifically exempts whether a state resident holds a gun permit from the general public records law.

"No comment"  from the Attorney General

A spokesman for the state attorney general's office said "no comment" when asked how any investigation of an official such as a Massachusetts district attorney might be structured or proceed.

The questions about O'Keefe and the stolen weapon come up at a time when one of the district attorney's critics, writer Peter Manso of Truro, has been indicted by a Barnstable grand jury on firearms charges, including the alleged lack of gun permits for weapons found by police at Manso's house in Truro.

Manso has said he is a target of selective law enforcement. O'Keefe, he has said, is retaliating against him for his continuing criticism of the district attorney's handling of the Christa Worthington murder in Truro.

At the request of O'Keefe's office, the Plymouth County district attorney's office is handling the Manso case. Given Manso's stand against him, O'Keefe said, it is safer to have another office handle the case so as to avoid any possible conflict of interest.

Photo by Peter Robbins