Firearms Offenses
Commonwealth v. John Doe – Lawrence District Court
FELONY CONVICTION FOR CARRYING A DANGEROUS WEAPON VACATED. CASE DISMISSED.
In 1988, the Defendant, represented by court-appointed counsel, was convicted of Carrying a Dangerous Weapon (G.L. c. 269, §10(b)). The Defendant, now in his 60s, attempted to purchase a firearm in his home state of New Hampshire, but was denied after a federal background check showing this felony conviction. A felony conviction made him a federal prohibited person. Attorney Patrick J. Noonan filed a motion for new trial arguing that the defendant’s guilty plea was not made knowingly, intelligently, and voluntarily, as he was under the impression that his case was dismissed upon the payment of a fine. He didn’t realize that his case resulted in a conviction until several decades later. Attorney Noonan also argued that this conviction was unlawful because it was not a crime for him to possess a “machete,” the dangerous weapon alleged. The court allowed the motion for a new trial. The Commonwealth decided not to prosecute. The case was dismissed.
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.
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.
Commonwealth v. Jane Doe – Taunton District Court
CRIMINAL COMPLAINTS FOR THREE-COUNTS OF IMPROPER STORAGE OF A FIREARM AGAINST REGISTERED NURSE DISMISSED AT CLERK’S HEARING.
The client is a registered nurse. She has no criminal record. She has a valid license to carry firearms. The police were dispatched to her home for a wellness check on her boyfriend. When the police entered the home, they observed three firearms, which were not stored in a securely locked container or affixed with a trigger lock. The client was charged with three-counts of Improper Storage of a Firearm (G.L. c. 140, §131L). This offense is very easy to prove. The Commonwealth need only prove that there was a working firearm that was not properly secured in either a locked container or affixed with a tamper-resistant lock or other safety device. Here, there was no doubt that the client committed the offenses charged. As a licensed nurse, any criminal offenses on her record would result in a suspension of her nursing license and termination from employment. At the clerk-magistrate’s hearing, Attorney Patrick J. Noonan persuaded the clerk to dismiss the complaints after one year, so long as the client does not get into any trouble, which shouldn’t be any trouble for this client, who is a stellar person.
Plaintiff v. Police Department
SUSPENSION OF LICENSE TO CARRY FIREARMS FOR ALLEGED MENTAL ILLNESS REVERSED.
The client was venting during a therapy session and made certain statements that her therapist found alarming. The therapist, knowing that the client had a license to carry firearms and owned a firearm, reported the client’s statements to the police. The police then sectioned the client, and she was brought to the hospital for a mental health evaluation. The police immediately suspended her LTC. Attorney Patrick J. Noonan presented evidence that the client’s statements were taken out of context, were blown out of proportion, and she was simply venting over a stressful family situation. The records from the hospital indicated that the client’s statements were not meant to be taken seriously, and she was quickly discharged upon a finding that the client did not have any mental health issues and did not pose a danger to anyone. Attorney Patrick J. Noonan had the client evaluated by a reputable psychiatrist who provided his expert opinion that the client did not suffer from any mental health issues, and she did not pose any danger if allowed to possess a firearm. Upon presenting this proof, the police department activated her license to carry firearms.
Commonwealth v. John Doe – Palmer District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST FARMER DISMISSED PRIOR TO ARRAIGNMENT.
Defendant is a 25-year-old man with no criminal record. He resides in New Hampshire where he operates a 52-acre farm and butcher shop. Defendant went hunting with friends in Massachusetts. Defendant parked his car on a trail in the woods. Someone called 911 to report that the car doors of the Defendant’s vehicle were open. An officer responded and noticed the car doors opened. Inside the vehicle, in plain view, were numerous shotguns and ammunition. The officer seized the firearms and ammunition, closed the car doors, and left a note for the Defendant to contact police. Defendant contacted the police and apologized for his mistake in leaving the car doors open. Defendant was charged with Improper Storage of a Firearm pursuant to G.L. c. 140, §131L. Attorney Patrick J. Noonan was able to persuade the prosecutor to dismiss the case prior to arraignment. As a result, the client has no criminal charge on his record arising out of this incident.
Commonwealth v. John Doe – North Hampton District Court
ATTORNEY PATRICK J. NOONAN VACATES CONVICTION FOR CARRYING A LOADED SHOTGUN IN A MOTOR VEHICLE. CASE DISMISSED.
In the 1980s, Defendant went hunting with a friend. A wildlife / environmental police officer observed the Defendant holding a shotgun, while sitting in the passenger seat of a moving vehicle. The vehicle was stopped. The officer observed that the Defendant had a shotgun in the passenger seat with him. The officer removed the shotgun, which was loaded, and cleared the ammunition from the shotgun. Defendant was charged with Loaded Shotgun in Automobile (G.L. c. 131, §63). Defendant pled guilty and was issued a fine. Defendant applied for a license to carry firearms, which was denied because of a conviction for a firearms offense. With a firearms conviction, Defendant would be federally prohibited from purchasing a firearm. The client contacted Attorney Patrick J. Noonan to vacate the conviction so he would no longer be prohibited from obtaining a firearms license or purchasing a firearm. Attorney Patrick J. Noonan was able to convince the judge to throw out the conviction. Defendant is no longer disqualified from possessing an LTC, or purchasing a firearm.
Plaintiff v. Milton Police
CLIENT’S APPLICATION FOR A LICENSE TO CARRY FIREARMS WAS DENIED DUE TO UNTRUTHFULNESS IN DISCLOSING HIS CRIMINAL HISTORY, BUT ATTORNEY PATRICK J. NOONAN WON APPEAL, REVERSING THE DENIAL, AND AN LTC HAS BEEN ISSUED TO THE CLIENT.
In 2016, client had his License to Carry Firearms suspended because he was arrested and charged with domestic violence, which was later dismissed. The criminal case was later sealed. Client, with another attorney, appealed the 2016 LTC suspension, and lost. In 2023, client reapplied for a License to Carry Firearms, which was denied. Client hired Attorney Patrick J. Noonan to appeal the denial. At the hearing, the officer testified that the client filled out the application form untruthfully. On the application, client was asked whether he had ever been arrested or appeared in court for any criminal case, and the client answered “yes.” However, the application form required the applicant to provide the details and circumstances of the criminal case, but the client did not provide any description of the criminal case. The officer believed that the client was being untruthful because he did not provide any description of the criminal case. After submitting the application, the client was interviewed by the police officer. When asked about his criminal history, the client told the officer that the criminal case was “sealed,” a truthful statement. The officer was able to obtain a copy of the police report on his criminal case. When asked about the incident resulting in his arrest, the client was truthful, not evasive and answered all the officer’s questions. Attorney Noonan argued that the client fulfilled his obligation by answering in the affirmative, on the application, regarding his criminal history. Attorney Noonan argued that the application form was vague because the application form did not state that the applicant was required to provide information on “sealed” criminal cases. To prove that the client was truthful, Attorney Noonan elicited testimony from the officer that, during the interview, the client was truthful when questioned about his arrest. The court agreed with Attorney Noonan, reversed the decision denying his LTC, and issued an order for the police department to issue him an LTC.
Plaintiff v. Lunenburg Police
Fitchburg District Court
CLIENT’S LTC DENIED WAS DUE TO FELONY CONVICTION AND UNTRUTHFULNESS, BUT ATTORNEY PATRICK J. NOONAN WINS APPEAL, REVERSING THE DENIAL, AND AN LTC HAS BEEN ISSUED TO THE CLIENT.
Client applied for a License to Carry Firearms, but the police department denied his application on the grounds that the client had a disqualifying felony conviction from Florida, and THAT the client was untruthful on the application when he denied that he had ever been convicted of a felony. On appeal, Attorney Patrick J. Noonan obtained all records relating to the client’s criminal case in Florida. In the Florida case, client was charged with Grand Theft and received a disposition known as Adjudication Withheld. Attorney Patrick J. Noonan conducted legal research showing that a disposition of Adjudication Withheld does not constitute a conviction under Florida law or Massachusetts law. Attorney Noonan argued that his client was not untruthful on the application because he correctly disclosed that he had not been convicted of a felony because, legally, the disposition in his Florida case did not constitute a conviction. After a hearing, including testimony, and after consideration of Attorney Noonan’s legal arguments, the judge reversed the decision denying the client’s LTC and ordered the police department to issue him a License to Carry Firearms.
Commonwealth v. John Doe
Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS DISMISSAL OF ALL CHARGES, INCLUDING SIX FIREARM CHARGES, CARRYING MINIMUM-MANDATORY JAIL SENTENCES, AND ANOTHER COUNT OF RESISTING ARREST.
Defendant was charged with seven criminal offenses, including: Two-counts of Carrying a Firearm without a License (G.L. c. §269, §10(a)), two-counts of Carrying a Loaded Firearm without a License (G.L. c. 269, §10(n)), Possession of Firearm without F.I.D. (G.L. c. 269, §10(h)), Possession of Ammunition without F.I.D. (G.L. c. 269, §10(h)(1), Improper Storage of a Firearm (G.L. c. 140, §131L), and Resisting Arrest (G.L. c. 268, §32B). If convicted, Defendant was facing serious minimum-mandatory jail time and deportation from the United States.
Result: Defendant was a front-seat passenger in a vehicle, which was wanted in connection with a drive-by shooting in Boston. About a week after the shooting, State Troopers observed the suspect vehicle and attempted to pull it over, but a high-speed chase ensued from Milton to Brockton, which ultimately ended with the suspect vehicle crashing into an intersection in Brockton. Police observed a loose pistol magazine at the feet of the operator. In the glove compartment, located in the passenger side area where the Defendant had been seated, police found two firearms, a large capacity firearm, and ammunition. Police alleged that the Defendant resisted arrest when they commanded him to exit the passenger side of the vehicle. The operator and defendant-passenger were charged with a multitude of firearm offenses and resisting arrest. At a suppression hearing, Attorney Patrick J. Noonan elicited evidence from the State Trooper, which would prove to be vital to the Defendant’s case at trial. The glove-compartment, where the firearms were stored, was locked and the Defendant did not have possession of the key. Troopers admitted that they did not observe the Defendant reach for or touch the glove-compartment, and Troopers did not see the Defendant attempt to hide or conceal evidence. Although they claimed that the Defendant resisted arrest, Attorney Noonan was able to get that charge dismissed for insufficient evidence. No fingerprints were lifted from the firearms or ammunition. On the day of trial, the co-defendant (operator of the vehicle) pled guilty to most of the charges, but Attorney Noonan remained steadfast that his client was innocent and refused to enter into any plea negotiations. Recognizing that Attorney Noonan was prepared, ready, willing and able to try this case, the prosecutor dismissed all charges against the Defendant.