Commonwealth v. John Doe – Taunton District Court

CRIMINAL COMPLAINT CHARGING CLIENT WITH CARRYING A FIREARM WITHOUT A LICENSE, CARRYING MINIMUM-MANDATORY JAIL SENTENCE, DISMISSED UPON PROOF THAT THE CLIENT DID NOT COMMIT A CRIME.

 The client, a resident of Idaho, was traveling through Massachusetts when he was pulled over for a defective license plate. Police searched the trunk of the client’s car and located an unloaded handgun. The officer demanded that the client produce a valid firearms license, but the client told police that he did not have a firearm license. In preparing the case for trial, Attorney Patrick J. Noonan contacted the licensed firearm dealer who sold the client the firearm. The client was charged with Carrying a Firearm without a License (G.L. c. 269, §10A), which carries a minimum-mandatory jail sentence of 18 months. Attorney Noonan obtained a certified business record confirming that the client legally purchased the firearm in his home state of Idaho. The licensed dealer attested that the client’s purchase of the firearm complied with state and federal law. Attorney Noonan argued that the client complied with Massachusetts law when traveling through the Commonwealth with his firearm because he kept the firearm secured in his trunk and the firearm was unloaded. In advance of trial, Attorney Noonan presented the District Attorney’s Office with this evidence proving that his client did not commit a crime by transporting his firearm through Massachusetts. Upon review, the District Attorney’s Office agreed to dismiss the case after one year.