Firearms Offenses
Jermaine Hood vs. Lowell Police Dept.
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.
Commonwealth v. John Doe
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.
Commonwealth v. G.B.
Hingham District Court
DA’S OFFICE DROPS FELONY CASE AGAINST HANOVER MAN FOR POSSESSION OF EXPLOSIVE DEVICE AFTER ATTORNEY PATRICK J. NOONAN PRESENTS PROOF THAT THE DEVICE DID NOT CONTAIN ANY EXPLOSIVE MATERIAL.
Hanover Police were called to the Defendant’s residence after his wife reported that the Defendant was intoxicated and making threats to commit suicide. Upon arrival, police observed that the Defendant had been consuming alcohol, and the Defendant confirmed that he had made suicidal threats. Police sectioned the Defendant and had him involuntarily committed due to substance abuse and mental health issues. After his arrest, Police seized firearms and ammunition from his residence. Police noticed a hand-grenade, and immediately contacted the Bomb Squad who believed that the grenade was a live explosive and contained explosive material. A K-9 alerted to the grenade as containing explosives. The Bomb Squad detonated and exploded the grenade. As a result, Defendant was charged with Possession of an Incendiary Device (G.L. c. 266, §102(c)), which carries a potential State Prison sentence of not less than five (5) years.
Result: Defendant had purchased the grenade on gunbroker.com. The grenade was shipped to him by a company in Florida. Our investigator contacted the vendor who sold the grenade to the Defendant. The vendor stated that these grenades were shipped to them from Poland, and the grenades were screened by the Department of Homeland Security and U.S. Customs before the grenades entered the U.S. The vendor stated that the grenades were dummy grenades used by law enforcement for training purposes. The vendor stated that the grenades typically have a white stripe, which indicates that it is a dummy grenade used by law enforcement for teaching purposes. Photographs of the Defendant’s grenade showed that it had a white stripe. Attorney Patrick J. Noonan moved to dismiss the criminal complaint, which was denied by the Judge. Attorney Noonan made several requests to the District Attorney’s Office to dismiss the case, and provided proof from the vendor that the grenade was not live. Attorney Noonan presented evidence that the Defendant was a collector of old military memorabilia, which he used to decorate his home office. Attorney Noonan argued that the Defendant purchased the grenade, believing it was fake, to decorate his home office, which contained many old military collectables. After three requests, the District Attorney’s Office finally dismissed the case.
Boston Police vs. R.D.
CLIENT’S LICENSE TO CARRY FIREARMS WAS SUSPENDED BY BOSTON POLICE FOR BEING UNCOOPERATIVE DURING A POLICE INVESTIGATION, BUT ATTORNEY PATRICK J. NOONAN GETS HIS LTC REINSTATED.
Client is a 30 year-old Boston man with no record of criminal convictions. He was issued a License to Carry Firearms (LTC) by the Boston Police. Client was employed in armed security, which required him to have an LTC. In 2020, client was the victim of a drive-by shooting in Hyde Park where he was shot in the leg. While in the hospital, police proceeded to question him, but the officer found that the client was being “uncooperative.” As a result, Boston Police suspended his LTC alleging that he was an “unsuitable person” to be issued an LTC because he was uncooperative with the police.
Result: The client’s livelihood depended on him having an LTC. Because his LTC was denied, he lost his job in armed security and was unemployed. The client’s career in armed security seemed bleak because his LTC was suspended. Immediately, Attorney Patrick J. Noonan filed a Complaint in the Boston Municipal Court seeking judicial review and appealing the decision of the Boston Police in suspending his LTC. Attorney Noonan argued that: There is no reasonable nexus between the Plaintiff’s lack of cooperation with police and a risk to public safety – and the Plaintiff’s lack of cooperation with police was not reasonably related to the statute’s goal of keeping firearms out of the hands of persons who would cause a risk to public safety. Shortly after the filing of the Complaint and the Appeal, the Boston Police rightly decided to reinstate the client’s LTC. Now the client can return to work in armed security.
Commonwealth v. O.A.
AFTER HEARING, JUDGE ALLOWS ATTORNEY PATRICK J. NOONAN’S MOTION TO DISMISS TRESPASSING CHARGE BASED ON EVIDENCE PRESENTED BY THE DEFENSE THAT THE DEFENDANT HAD LAWFUL AUTHORITY TO BE ON THE PROPERTY. THE CASE WAS DISMISSED PRIOR TO ARRAIGNMENT MEANING THAT THE DEFENDANT (WHO IS NOT A U.S. CITIZEN) WILL HAVE NO RECORD.
Brockton Police responded to the parking lot of an apartment complex in response to 911 calls reporting that a vehicle in the parking lot was firing gunshots. Upon arrival, Police found the Defendant in the parking lot, standing by his vehicle. The Police demanded that the Defendant leave the property, or they would arrest him for Trespassing. According to police, Defendant refused law enforcement’s demands to leave the property immediately. Defendant was charged with criminal Trespassing (G.L. c. 266, §120). Defendant was not a U.S. citizen. Certain criminal convictions against non-U.S. citizens may result in deportation.
Result: Upon hiring Attorney Patrick J. Noonan, Attorney Noonan conducted an immediate investigation and learned that the Defendant’s cousin, who lived in the apartment complex, had given him permission to be on the property. Attorney Noonan provided the District Attorney’s Office with an Affidavit from the cousin stating that he had given the Defendant permission to be on the property. As a result, Defendant did not commit a Trespass because he had lawful authority to be on the property. Moreover, Attorney Noonan argued that there was no probable cause for the offense because the police had no authority to demand that the Defendant leave the property, because the police did not have lawful control over the premises, as they were not residents of the apartment complex. Attorney Noonan’s Motion to Dismiss was allowed, and the case was dismissed prior to arraignment, meaning that the Defendant (who is not a U.S. citizen) will have no record as a result of this case.
Police Dept. v. L.S.
MBTA WORKER’S LICENSE TO CARRY FIREARMS WAS SUSPENDED AFTER CRIMINAL CHARGES FOR UNLAWFULLY CARRYING A FIREARM OUTSIDE HIS RESTRICTION BUT ATTORNEY PATRICK J. NOONAN GETS HIS LTC REINSTATED
The client has a License to Carry Firearms (“LTC”) with a restriction for target shooting purposes only. The client was criminally charged in Boston with unlawfully carrying a firearm outside his target shooting restriction. At 2:41 a.m., Boston Police were patrolling a high crime area, which had been the scene of recent shootings. Officers were suspicious that the Defendant’s vehicle and another vehicle were parked in close proximity to each other (in this high-crime area) and the vehicles took off in separate directions. Officers followed the Defendant’s vehicle and their suspicious increased because the vehicle’s windows were tinted and the license plate was obstructed by some plastic covering. Officers stopped the Defendant’s vehicle and asked him if he had a firearm in his possession. Defendant was truthful and stated that he had a firearm underneath his seat. His LTC was restricted to target shooting only and the police felt that the Defendant had possessed the firearm outside his restriction and charged him criminally. Following the criminal charge, the client’s LTC was suspended.
Result: Attorney Patrick J. Noonan successfully petitioned the Police Department to reinstate his client’s LTC for the following reasons: First, the criminal charge was dismissed at a Clerk-Magistrate’s Hearing. He was only issued warnings for the civil infractions for the tinted windows and license plate obstruction. Second, Attorney Noonan presented evidence that his client was in that specific area in Boston because he was visiting his grandmother. The client was not doing anything suspicious. Third, the client had gone target shooting that day at the Braintree Rifle and Pistol Club with co-workers of the Massachusetts Bay Transportation Authority. Fourth, Attorney Noonan presented strong character evidence. The client had no criminal record. He has been gainfully employed by the MBTA for six years. Several respectable members of the community offered letters attesting to the client’s character. Finally, the client completed a firearm’s safety course. After reviewing the totality of the evidence, the police department reinstated the client’s license to carry firearms.
Police Dept. v. G.F.
CLIENT’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO AN INCIDENT WHERE HIS TEENAGE SON ACCESSED HIS FIREARM FROM AN UNLOCKED SAFE AND POSTED VIDEOS OF HIMSELF AND THE GUN ON SOCIAL MEDIA BUT ATTORNEY PATRICK J. NOONAN CONVINCES THE POLICE DEPARTMENT TO REINDTATE HIS LTC
Client, a Brockton resident, is a 54 year-old engineer and real estate agent with no criminal record whatsoever. The client and his wife (a certified nursing assistant) emigrated from Haiti and built a great life for their family in the United States. The police department suspended the client’s LTC due to an incident where his teenage son accessed his firearm from an unlocked safe and posted videos of himself posing with the gun on social media. The videos on social media were reported to the son’s school who, in turn, contacted the police department. As a result of this incident, the police department suspended the client’s License to Carry Firearms (LTC).
Result: The client contacted Attorney Patrick J. Noonan in an effort to persuade the police department to reinstate his LTC. The firearms licensing officer told Attorney Noonan that the client was extremely remorseful for the incident and took full responsibility for the incident. The firearms licensing officer was open to considering an LTC reinstatement based, in large part, on the client’s truthfulness about the incident and his genuine remorse for what happened. Attorney Noonan presented evidence that his client made a poor mistake but something like this would never happen again. He left the unloaded firearm out of his sight for only a few minutes, which resulted in this incident. The client immediately completed a course in firearm’s safety. The main reason why the officer was willing to entertain a potential reinstatement was the client’s genuineness and truthfulness in speaking with police about the incident, his sincere expression of remorse, and his willingness to correct the mistake. After negotiations, the client’s LTC was reinstated.
Commonwealth v. John Doe – Brockton District Court
ATTORNEY PATRICK J. NOONAN GETS FELONY CONVICTION FOR BREAKING & ENTERING AGAINST TRUCK DRIVER VACATED AND THROWN OUT.
Defendant is a 48 year-old commercial truck driver, a happily married man, and a loving father. Defendant applied for a License to Carry Firearms (LTC). However, the police department denied his application for an LTC because he had a felony conviction on his record. Defendant was shocked to hear that he had a felony conviction. Defendant obtained a copy of his criminal record, which showed that he had been convicted of Breaking and Entering in the Nighttime with the Intent to Commit a Felony when he was 14 years-old. He was convicted in 1984. Defendant knew he had a juvenile case when he was really young but did not know he had been convicted of a felony. Defendant has no other criminal record. Defendant retained Attorney Patrick J. Noonan to vacate his felony conviction.
Result: Attorney Patrick J. Noonan conducted an investigation and learned that the felony Breaking & Entering charge stemmed from an incident when the Defendant, at age 14, went into a vacant home with a friend to smoke a cigarette. A neighbor reported seeing people inside the unoccupied home and the Defendant was later arrested. This was a home in the Defendant’s neighborhood that kids would use as a cut through yard. Kids cut through the yard because no one was living there. Attorney Noonan obtained records for the residence showing that it had been unoccupied at the time of the offense. Attorney Noonan sent a written request to the District Attorney’s Office requesting to vacate the conviction arguing that his client did not have the intent to commit the felony because he merely went into the unoccupied house with a friend to smoke a cigarette. His only intent was to commit a Trespass. They did not steal anything from the house. Attorney Noonan provided the DA with evidence regarding his client’s background as a hard-working guy, law-abiding citizen, and family man and the collateral consequences this old felony conviction has caused. The District Attorney’s Office reviewed the case. The DA’s Office was very reasonable and agreed to vacate the Defendant’s felony conviction. Today, the conviction was thrown out.
Commonwealth v. John Doe – Westborough District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST U.S. NAVY VETERAN DISMISSED AT CLERK-MAGISTRATE’S HEARING.
Westboro Police was notified by the suicide prevention line that they received a phone call from a female who was contemplating suicide and threatened to “shoot themselves.” However, the caller did not leave any information. Police began to ping the cell phone number and they learned that the cell phone belonged to the Defendant. Police then responded to the Defendant’s apartment where they encountered the female caller who stated that her boyfriend, defendant, owned a firearm. Police ran a search, which revealed that the Defendant had a License to Carry Firearms (LTC) from Georgia. Police then questioned the Defendant as to whether he had a firearm in his apartment. Defendant stated that he had his firearm in the bedroom closet. However, the female told police that she had possession of the Defendant’s firearm. Police seized the firearm from the female and transported her to the hospital for a mental health evaluation. Westboro Police charged the Defendant with Improper Storage of a Firearm (G.L. c. 140, § 131L.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence regarding his client’s military service. Client was honorably discharged after serving six years in the U.S. Navy. He attained the rank of 2nd Class Petty Officer and worked as an Aviation Electronic Technician. Attorney Noonan presented evidence of awards and medals his client earned from his valiant military service. Client had no criminal record. The client wanted to work for the Department of Defense as a civilian operations network engineer and the outcome of this criminal complaint had the potential to bar him from even applying. In light of the client’s background, military service, and plans for future employment, the clerk-magistrate did not issue the complaint.
Computer Specialist Is Denied a License to Carry Firearm’s but Attorney Patrick J. Noonan Convinces the Police Department to Change It’s Mind and They Issue His Client a License to Carry.
The client is a 41 year-old, happily married, father of three children. The client applied for a License to Carry Firearms with the police department in his place of residence. The police department denied his application for LTC because of two prior criminal cases on his record, which disqualified him.
Result: Attorney Patrick J. Noonan presented the police department with evidence that the two prior criminal cases should not disqualify his client from obtaining an LTC. One of the prior criminal cases, a felony drug conviction, was later vacated by the court and should not be considered as grounds for disqualification. The other prior criminal case, a charge of Assault and Battery with a Dangerous Weapon, resulted in a Not Guilty verdict, which should not be considered as grounds for disqualification. Attorney Noonan also presented evidence showing that his client was a suitable person to possess a firearm. After considering Attorney Noonan’s evidence, the police department changed its mind and issued the client a license to carry firearms.