Commonwealth v. John Doe – Wrentham District Court

CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST CAR SALESMAN DISMISSED AT CLERK’S HEARING.

The client has an unrestricted license to carry firearms. He went over to his girlfriend’s house. He did not want to bring his firearm into his girlfriend’s home, so he left the firearm in his car. When he returned home, he forgot that his firearm was in his car. The next morning, the client discovered that someone had broken into his car and stolen his firearm. The client immediately reported the theft of his firearm to the police. Because the client left the firearm unattended in his vehicle, permitting access to the firearm by others, including car thieves, the police charged him with Improper Storage of a Firearm (G.L. c. 140, §131L). At the clerk-magistrate hearing, Attorney Patrick J. Noonan argued that his client made a mistake. However, in terms of mitigation, Attorney Noonan presented evidence that the client made efforts to secure the firearm by removing the magazine and fastening a cable through the empty magazine and chamber, but did not fully secure the firearm in compliance with Massachusetts law. Furthermore, the client acted responsibly by immediately reporting his missing firearm to the police. The clerk decided to dismiss the complaint after one year, so long as the client stays out of trouble, which shouldn’t be a problem because he has never been in any trouble before.