Charges of Possession of a High Capacity Firearm and Improper Storage of a Firearm do Not Issue After Clerk Magistrate Hearing

In August of this year a suburban Boston police department was called for a wellness check. The caller feared that her friend was suicidal after a breakup with his wife so she alerted the police. In the course of the wellness check the officers, in accordance with department policy, and with the permission of our client, searched his home for weapons. While doing so they located a handgun and three high capacity firearms and feeding devices. The handgun was not properly stored. The police filed an application for a criminal complaint seeking charges for improper storage of a firearm under G.L. c. 140 §131L and possession of a large capacity weapon, a felony in violation of G.L. c. 269  §10(m) . Our client was a military veteran with no criminal history. He was well liked by his neighbors and had extensive community service. The clerk magistrate demonstrated great compassion and agreed not to issue the criminal complaint against our client. Instead, the case will be held for 6 months and the firearms can be lawfully transferred to a properly licensed person out of state. 

Here are some takeaways from the case:

• Not all gun charges in Massachusetts result in jail time
• Not all gun cases in Massachusetts are charged criminally
• Clerk magistrates have great discretion in how they handle cases in their courts
• People charged with gun crimes in Massachusetts should hire an experienced lawyer to represent them
• Military service can mitigate how serious criminal cases are resolved

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