Firearms Offenses
Commonwealth v. John Doe
Lawrence District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS ON ALL CHARGES, INCLUDING SERIOUS FIREARMS CHARGES CARRYING MINIMUM-MANDATORY JAIL SENTENCES.
Defendant was charged with Carrying a Firearm without a License (G.L. c. §269, §10(a)), Carrying a Loaded Firearm without a License (G.L. c. 269, §10(n)), Carrying a Dangerous Weapon (G.L. c. 269, §10(b)), and Operating a Vehicle with a Suspended License (G.L. c. 90, §23). If convicted of Carrying a Firearm without a License, Defendant faced a minimum-mandatory jail sentence of 18 months, and another minimum-mandatory sentence of 2.5 years in jail if convicted of Carrying a Loaded Firearm without a License.
Result: Defendant was a resident of New Hampshire. He left his home in New Hampshire to visit a friend in Lawrence. While returning home to New Hampshire, after visiting his friend, Defendant was stopped by a State Trooper in Methuen because of a non-working headlight. Upon the stop, the Trooper learned that the Defendant had a suspended Massachusetts driver’s license and placed him under arrest. While arresting him, the Trooper located a loaded handgun in the Defendant’s pant pocket. Under a new decision announced by the Supreme Judicial Court in Massachusetts, in order to prove the firearm offenses, the Commonwealth must present evidence that the Defendant did not have a valid firearms license. Commonwealth v. Guardado, 491 Mass. 666 (2023) At trial, the Commonwealth called a witness from the Department of Criminal Justice Information Services (CJIS), which is responsible for maintaining a database of all persons issued firearm licenses in Massachusetts. This witness testified that she was provided with the Defendant’s name and his Date of Birth. When the witness entered the Defendant’s first name, last name, and DOB, into the database, the results disclosed that there was no record of the Defendant having ever been issued a firearm license in Massachusetts. In a surprise attack at trial, Attorney Patrick J. Noonan presented evidence that the Commonwealth did not provide CJIS with the proper name for the Defendant. Attorney Patrick J. Noonan successfully argued that the Commonwealth failed to prove that the Defendant did not have a valid firearms license in Massachusetts because CJIS was not provided with the correct name for the Defendant. Under cross-examination, the witness from CJIS testified that she did not enter the Defendant’s correct name into the database. Further, Attorney Noonan argued that the Defendant was a resident of New Hampshire, had a New Hampshire address, had a New Hampshire driver’s license, and had his motor vehicle registered in New Hampshire. Attorney Noonan argued that the Commonwealth did not conduct any record-searches to determine whether the Defendant had any firearm licenses issued to him in New Hampshire, or whether the Defendant’s firearm was registered in New Hampshire, or whether the Defendant was legally permitted to own and possess this firearm in New Hampshire. After two-hours of deliberation, the jury found the Defendant Not Guilty of all charges, and the Defendant was free to leave.
Plaintiff v. Police Department
District Court
AN ASPIRING POLICE OFFICER’S LICENSE TO CARRY FIREARMS WAS SUSPENDED FOR IMPROPERLY STORING HIS FIREARM, BUT ATTORNEY PATRICK J. NOONAN WINS REINSTATEMENT OF THE CLIENT’S LTC.
The client, a young man with no criminal record, was in the process of applying to become a police officer. The client was highly qualified for the position of police officer. The client progressed quite far in the application process. During the application process, a police officer interviewed the client at his residence. The interviewing officer requested to see where the client’s firearm was stored in his residence. The client escorted the officer to his bedroom. The officer observed that the client’s firearm was located in the drawer of his nightstand, but the firearm was not stored properly, as it was secured in a locked container or affixed with a trigger-lock. Due to the fact that the client failed to store his firearm properly in compliance with Massachusetts law, the client’s License to Carry Firearms was suspended, and his hopes of becoming a police officer was destroyed. Attorney Patrick J. Noonan appealed the suspension of the LTC and eventually won the reinstatement of the client’s LTC restoring his hopes of becoming a police officer in the future.
Commonwealth v. John Doe
Barnstable District Court
PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN CASE OF CARRYING A FIREARM WHILE INTOXICATED.
The client, a longtime restaurant manager and resident of Yarmouth, was charged with Carrying a Firearm While Intoxicated (G.L. c. 269, §10H) in the Barnstable District Court. The police received a call for a wellness check. Defendant’s father reported to the police that the Defendant made suicidal statements and was in the possession of a firearm while parked in his car outside the father’s house. Upon arrival, the police officer observed the Defendant parked in a vehicle with his firearm located on the passenger seat. The officer observed numerous empty nip bottles of liquor in the vehicle. The officer determined that the Defendant was under the influence of alcohol and charged him with Carrying a Firearm while Intoxicated.
Result: At trial, Attorney Patrick J. Noonan challenged the prosecution’s evidence that the Defendant was intoxicated and under the influence of alcohol. The Commonwealth’s case rested on the testimony of the police officer and his opinion that the Defendant was under the influence of alcohol. The case was won on Attorney Noonan’s cross-examination of the police officer. After his cross-examination of the police officer, the trial judge found that the Commonwealth failed to meet its burden of proving that the Defendant was under the influence of alcohol and that his consumption of alcohol affected his ability to safely carry a firearm.
Commonwealth v. V.M.
Brookline District Court
ATTORNEY GERALD J. NOONAN GETS CHARGE OF ASSAULT & BATTERY WITH A DANGEROUS WEAPON DISMISSED AGAINST GREEK IMMIGRANT.
The client is a 54 year-old man with no criminal record. In 1988, he emigrated to the U.S. from Greece. He never applied for U.S. citizenship. He is married and has two adult children. He owns and operates his own landscaping and snow plow company. On the incident in question, Defendant was performing a fall clean up at a residence in Brookline. He was using a leaf blower to gather and remove the leaves. He had blown some leaves into the street. The alleged victim confronted the Defendant and asked him not to blow leaves into the street, but the Defendant continued blowing the leaves into the street. The alleged victim became upset and started to take pictures of the Defendant’s landscaping truck with his cell phone. The Defendant knocked the cell phone out of the victim’s hands and waved the hose of the leaf blower at him. Defendant was charged with Assault & Battery with a Dangerous Weapon pursuant to G.L. c. 265, §15A, a felony offense, which would result in possible deportation if the Defendant was convicted.
Result: Attorney Gerald J. Noonan was able to get the felony charge dismissed. Had the client been convicted of the felony offense, he faced possible deportation from the United States.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN CHARGED WITH IMPROPER STORAGE OF A FIREARM.
Police were conducting an investigation into drug distribution and executed a search warrant at the Defendant’s home. The target of the search warrant was the son of the Defendant’s girlfriend who resided in the Defendant’s home. Police searched the home for drugs and weapons. Defendant’s girlfriend told the police that the Defendant had a valid LTC and that he had a firearm in the house. Police searched the home and located the Defendant’s firearm, which was not secured. As a result, the Defendant was charged with Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.
Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was successful in getting the criminal complaint for Improper Storage of a Firearm dismissed. Defendant is 35 year-old with no criminal record. He works three jobs to support his disabled girlfriend.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN CHARGED WITH AIRPORT SECURITY VIOLATION WHERE A FIREARM WAS FOUND IN HIS TRAVEL BAG UPON INSPECTION.
The Defendant went to the airport with his wife and children. They were traveling out-of-state because his son was participating in a sporting competition. While security was checking his bag at the airport, they discovered a handgun. As a result, Defendant was charged with Airport Security Violation pursuant to G.L. c. 269, §12F(b).
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed. Attorney Noonan argued that the Defendant inadvertently left his firearm in his travel and he forgot that his firearm was in his travel bag when he went to the airport. When notified of the discovery, Defendant was extremely cooperative and apologetic. Security seized the firearm and allowed the Defendant and his family to get on their flight. Defendant is 59 year-old with no criminal record.
Plaintiff v. Police Department
CLIENT’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO AN ARREST FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL AND A CONVICTION FOR NEGLIGENT OPERATION OF A MOTOR VEHICLE, BUT ATTORNEY PATRICK J. NOONAN GETS THE CLIENT’S LTC REINSTATED.
The client had a Class A License to Carry Firearms. The client was arrested for Operating under the Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle. The client traversed into a raised median, crashed into a light pole, dragging the light pole into the middle of an intersection. After his arrest, the police department suspended his LTC. The client hired the Noonan Law Offices to represent him on the criminal charges. After a trial, the client, represented by Attorney Patrick J. Noonan, was found not guilty of OUI, but he was found guilty of Negligent Operation of a Motor Vehicle. After the trial, Attorney Patrick J. Noonan contacted the police department to request the reinstatement of the client’s LTC. Attorney Noonan presented evidence from the trial showing that the client was not intoxicated. After considering the evidence, the police department decided to reinstate the client’s LTC.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN SUCCESSFULLY DEFENDS MAN WHO ACCIDENTALLY DISCHARGED HIS FIREARM WITH A STRAY BULLET STRIKING HIS NEIGHBOR’S HOUSE.
Police were dispatched to a residence in response to a report from a homeowner that a bullet was shot through the house and into the living room. The bullet was found inside the home on the floor of the living room. There was a bullet hole in the wall to the home. Police identified the bullet as a 9mm full metal jacket. Police interviewed the neighbor, the Defendant, who admitted that he accidentally discharged the firearm in his backyard. As a result, Defendant was charged with Discharging a Firearm within 500 Feet of a Dwelling (G.L. c. 269, §12E), Improper Storage of a Firearm (G.L. c. 140, §131L), and Defacing Property (G.L. c. 266, §126).
Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaints dismissed after a period of time, so long as the Defendant abides by certain conditions. Attorney Noonan argued that the client accidentally discharged the firearm while handling it inside the shed of his backyard. Attorney Gerald J. Noonan spoke with the victim-homeowner who was agreeable to Attorney Noonan’s proposed disposition. The client is a 64 year-old man with no criminal record and professional truck driver.
Plaintiff v. Police Department
CLIENT’S APPLICATION FOR A LICENSE TO CARRY FIREARMS WAS DENIED FOR BEING UNTRUTHFUL, BUT ATTORNEY PATRICK J. NOONAN GETS THE POLICE DEPARTMENT TO ISSUE HIS CLIENT AN LTC.
Client is a retired 65 years-old resident of Rehoboth. He applied for a License to Carry Firearms (LTC), which was denied because the police department determined that the client was untruthful about disclosing his criminal history in the application process.
Result: Attorney Patrick J. Noonan appealed the denial in the District Court. Attorney Noonan presented evidence that the client did not deliberately conceal his criminal history. Rather, the client disclosed that he had been arrested in the past, but he could not recall the specifics about his prior criminal cases because they were very old. In particular, the client had been arrested for minor offenses; some offenses dating back over 40 years ago. Prior to submitting his application, the client did not obtain his criminal record making it very difficult to recall specific information about his old, prior criminal cases. After negotiations with legal counsel for the town, the police department reconsidered its decision and allowed the client to submit a new application. Attorney Noonan assisted the client in filling out the application to make sure the information was accurate. This time, we obtained his criminal record and accurately disclosed all the information regarding his prior cases. After reviewing the new application, the police department issued the client an LTC.
Plaintiff v. Police Department
A POLICE OFFICER’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO INTOXICATION AND SUICIDAL THREATS, BUT ATTORNEY PATRICK J. NOONAN WINS BACK HIS LTC.
The client was a police officer. His License to Carry Firearms (LTC) was suspended due to an incident wherein the client’s wife called the police to report that the client was intoxicated and threatened to shoot himself. Police located the client and brought him to the hospital for a psychiatric evaluation. As a result of this incident, the client’s LTC was suspended and he was forced to resign from his position as a full-time police officer. The LTC suspension, if upheld, would ruin his career in law enforcement. The client requested that the police department reinstate his LTC, but the police department denied the request and they were standing by their decision. The client contacted Attorney Patrick J. Noonan in hopes of getting his LTC back and resuming his career in law enforcement.
Result: Attorney Patrick J. Noonan started building a case to get his client’s LTC back. First, Attorney Noonan retained a highly reputable and credible psychiatrist to review all the records and to conduct an evaluation of the client. The psychiatrist reviewed all the pertinent records, including the police report concerning the incident resulting in the suspension and the medical records regarding the client’s hospitalization. After reviewing the records and evaluating the client, the psychiatrist formed an opinion that the client does not suffer from any substance abuse or mental health disorders and the client does not pose any danger is issued an LTC. Second, upon further investigation, the wife’s report to the police showed that the client did not actually threaten to shoot himself. Third, Attorney Noonan provided all information regarding the client’s personal background and career in law enforcement and security. After reviewing the materials provided by Attorney Patrick J. Noonan, the police department reconsidered its decision and issued the client an LTC. The client can now resume his career in law enforcement.