2020

Lowell District Court

ATTORNEY PATRICK J. NOONAN PERSUADES THE COURT TO REVERSE THE DECISION OF THE LOWELL POLICE DEPARTMENT IN SUSPENDING THE CLIENT’S LICENSE TO CARRY FIREARMS DUE TO ARRESTS FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL AND CARRYING A FIREARM WHILE INTOXICATED.

Plaintiff had a valid License to Carry Firearms (LTC), which was suspended by the Lowell Police Department because he was arrested and charged with Operating under the Influence of Alcohol and Carrying a Firearm while Intoxicated. According to the police department, the Plaintiff’s arrest made him an “unsuitable person” to possess a firearm. Attorney Patrick J. Noonan appealed the decision of the police department to the Lowell District Court. The Police Department opposed the appeal and maintained that the Plaintiff was an unsuitable person.

Result: At the hearing in the Lowell District Court, the firearm licensing officer for the Lowell Police Department testified that the facts and circumstances of the Plaintiff’s arrest for OUI and Carrying a Firearm while Intoxicated justified the decision to suspend his LTC. Attorney Noonan cross-examined the officer and pointed out that the Plaintiff was found not guilty of OUI and the firearm offense was dismissed by the prosecution. Nevertheless, the Lowell Police Department felt that the facts surrounding his arrest supported the decision to suspend his LTC. Attorney Noonan argued that the OUI should not be considered as a basis for a suspension because a jury, upon hearing the facts of the case, determined that the Plaintiff was not guilty of committing that offense. The Police Department maintained that the Defendant’s possession of a firearm while arrested for an OUI made him unsuitable. However, Attorney Noonan pointed out that the officer never investigated, or determined, why the prosecution decided to dismiss the firearm offense. The Court inferred that the firearm offense must have been a weak case if the prosecution decided not to prosecute him for that offense. Moreover, the licensing officer did not contact the Plaintiff to interview him to learn about outcome of the criminal case. The Court found that the Lowell Police Department should have conducted further inquiry before deciding to suspend the LTC. Attorney Noonan argued that it was unreasonable to suspend the LTC because the arrest occurred a long time ago, and the decision to suspend his license was not based on any recent evidence of unsuitability. Attorney Noonan had his client testify and he presented evidence of his suitability, which the Court credited. After the hearing, the Court reversed the decision to suspend the LTC and found that Attorney Noonan met his burden of proving that the decision by the Defendant was an abuse of discretion.

Plymouth District Court

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

UNLAWFUL POSSESSION OF ASSAULT WEAPON:             DISMISSED

THREATS TO COMMIT MURDER:                                           DISMISSED

IMPROPER STORAGE OF A FIREARM:                                  GUILTY, PROBATION

Defendant, a Plymouth resident and commercial lobsterman, was a front seat passenger in a car driven by his wife. Defendant was extremely intoxicated and threatened to blow his wife’s brains out. Defendant proceeded to punch and elbow the passenger side window causing the glass to shatter. Defendant then jumped out of the moving vehicle. His wife called the police. Upon arrival to the scene of the incident, police found the Defendant lying on the ground, covered in vomit, and intoxicated. Defendant was transported to the emergency room. Laboratory tests showed the presence of alcohol and drugs. Defendant placed in a secured psychiatric unit of the hospital. Because the Defendant had a License to Carry Firearms, police went to his residence to secure all his weapons. Police located an assault rifle. Modifications had been made to the rifle causing it to be an illegal assault weapon. Police also located a magazine which had been illegally modified causing it to be in an illegal feeding device for the assault weapon. The magazine’s pin had been removed and modified to hold 30 rounds of ammunition. Defendant was interviewed by police where he admitted to making the illegal modifications. When searching his house to seize all his firearms, police were unable to locate a firearm that had been registered to the Defendant. Police were eventually able to locate the missing firearm in a kitchen cabinet. This firearm was not properly stored. Defendant was charged by the Plymouth Police with two counts of illegal possession of an assault weapon pursuant to G.L. c. 140, §121, threats to commit murder pursuant to G.L. c. 275, §2, and Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Patrick J. Noonan filed motions to suppress key evidence in the case. First, Attorney Noonan sought to suppress the Defendant’s confession to committing the crimes on the grounds that his statements were not voluntary due to his alcohol and drug intoxication and psychiatric conditions. Second, Attorney Noonan sought to suppress the search of the Defendant’s home because his wife did not have legal authority to consent to the search and seizure of the Defendant’s personal property. Prior to litigating the motions to suppress, the Commonwealth offered to dismiss all charges except for the misdemeanor offense of Improper Storage of a Firearm to which the Defendant pled guilty and was placed on probation for one year.