Chargers of Unlawful Possession of an Assault Weapon and Discharging a Firearm Within 500 Feet of a Building and Failing to Register a Firearm Dismissed

Our client is a young man who had a license to carry (LTC) a firearm in Massachusetts. However, he unlawfully owned an assault weapon that was not properly registered. Given the date that the weapon was purchased it was not grandfathered, meaning the possession, even with an LTC is still unlawful. He was not aware of this obligation under Massachusetts. Regardless however, unlawful firearm possession such as this is a crime. Additionally, while in possession of the gun our client accidentally discharged the gun in his apartment building. The bullet pierced the home of a neighbor leading to the police being called. The charges against him were as follows:

1. Violation of G.L. c. 269 section 12E discharging a firearm within 500 feet of a building;
2. Violation of G.L. c. 140 section 131M unlawful possession of an  assault weapon, and;
3. Violation of G.L. c. 140 section 121B failing to register a firearm. 

The case has superior court jurisdiction only regardless of the fact that it was initiated in the district court. Thus, in order to resolve this case in the district court the charges would have had to have been reduced. We hoped that to be the case. The matter was scheduled for a probable cause hearing six times. The government was never ready and thus today, the case was dismissed. The district attorney’s office can still indict the case should they elect to do so. 

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