Commonwealth v. M.B. – Barnstable District Court

GUN CHARGE FOR LEAVING A LOADED LARGE CAPACITY FIREARM WITH A MINOR, WHICH CARRIES A MANDATORY JAIL SENTENCE, DISMISSED AGAINST SINGLE MOTHER FROM CAPE COD.

Defendant had a valid License to Carry Firearms. She was a resident of Yarmouth. She owned a .40 caliber Ruger handgun, which she kept in her home. Defendant was previously arrested for a domestic Assault & Battery. Because she was arrested for a crime, her License to Carry was suspended. Yarmouth Police went to her house to serve her with a suspension notice and to seize her firearm. Upon entry into the home, Defendant stated that she did not know where the firearm was located. Police searched the home and found the firearm, in a case, lying on the floor in the corner of the living room. The case was not locked and the firearm was not secured properly. Defendant had three young children in the home. Client was charged with the very serious offense of Improperly Storing a Loaded Large Capacity Firearm Near a Minor, a charge that carries a mandatory jail sentence. See G.L. c. 140, §121 and G.L. c. 140, §131L(b)-(e).

Result: Attorney Patrick J. Noonan proved to the DA that the firearm was not a large capacity firearm because it was not capable of accepting more than 10 rounds of ammunition. In addition, Attorney Noonan persuaded the DA to reduce the charge to the misdemeanor offense of Improper Storage. The DA wanted the Defendant to attend a parenting course as a condition of her probation. Attorney Noonan persuaded the judge to remove that condition because the Defendant was a single mother and sole provider for her three children and the course would pose an undue hardship on her. In the end, Defendant admitted to sufficient facts on the lesser misdemeanor charge and was placed on administrative probation for one year with no conditions. If the Defendant stays out of trouble, the charge will be dismissed after one year.