The owner of a lost pistol wants his license back
A woman whose firearms license was suspended after belatedly reporting a missing pistol to Edgartown Police appeared in Edgartown District Court on Thursday to ask for her license to be reinstated.
After hearing from Catherine Tobin, who reported the gun missing this summer, and Edgartown Police Sgt. Joel DeRoche, Justice Benjamin Barnes has taken the stay appeal under advisement. As the Times previously reported, Tobin reportedly had a .380 caliber Sig Sauer pistol in his holster while at the Black Dog Cafe on July 5 and found it uncomfortable. She later reportedly went to a house in Edgartown to help someone move out. Since the pistol in its holster was causing a rash, she assumed she had removed it at some point. At this point it appears to have been lost.
Tobin told Judge Barnes that she fired her lawyer and would represent herself. Tobin admitted that she lost the gun, “had searched diligently,” and reported the missing gun to Edgartown Police. Tobin said he was then asked to surrender his firearms license. Tobin described herself as “a law-abiding citizen” who received “extensive gun training.” Tobin claimed she was “vilified” in a Martha’s Vineyard Times article about the loss of the gun. She went on to say that the article had stimulated calls for support from people she knew.
Judge Barnes asked him to keep his remarks relevant for the hearing.
“I feel like I did the right thing by going to the police and reporting it,” Tobin said.
“Mrs. Tobin, has the gun ever been located?” Asked Judge Barnes.
“No it wasn’t,” Tobin said.
“It took you about how long before you noticed your gun was missing,” Justice Barnes asked.
“I’m really not sure about your honor,” Tobin said. “I watched diligently.”
Tobin went on to say, “I’m not aware of the time frame involved. I’m just not aware of it.
Tobin said she traveled frequently, used multiple vehicles and had “five safes”.
Judge Barnes asked when was the last time Tobin saw the gun in question.
“I’m not really sure, sir,” Tobin said. Once she concluded he was missing, Tobin said she called her brother, whom she described as an American prosecutor, for advice.
Judge Barnes repeated his question about the last time she saw the gun. Tobin was unable to say when.
Tobin closed her remarks by saying that she respected both the court and the police.
Sgt. DeRoche had no questions for Tobin and Tobin did not object to DeRoche reading her police report even though she claimed to not have seen it in its entirety.
According to her report, DeRoche said that when Tobin’s gun possession was verified, “she did not have any firearms registered in her name.”
On July 14, after making a brief report at the Edgartown Police Station to another officer, DeRoche said he called Tobin.
DeRoche recounted his visit to the Black Dog Cafe and his trip to Edgartown to help someone with a move. He said she would have learned the gun went missing on a ride after helping with the move.
“I asked Ms. Tobin why she delayed reporting the missing gun for nine days,” DeRoche said. Tobin reportedly said his life was busy, but ultimately decided to report the gun missing on his brother’s advice.
DeRoche said state law was “explicit” that a missing weapon must be reported “immediately.”
Shortly after telling Tobin that she had to surrender her license and all firearms and ammunition in her possession, DeRoche said she received a call from a lawyer who told her “Tobin was ready to report the stolen firearm “.
He added that she would have suspected that her friend’s tenant had stolen the gun.
Tobin had no questions for DeRoche.
“I should go on with the fact that everything he said was true,” Tobin said. “I do not remember…”
“Have you ever reported the stolen gun?” Asked Justice Barnes.
“I didn’t and suggested to the lawyer that it not be mentioned,” said Tobin, “and I’m sorry that got into the report as it caused a lot of negative implications. with threats and things that I would rather not get into. I think it’s going in a tangent and very negative. “
