CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST WORLD WAR II VETERAN AND RETIRED SECRET SERVICE AGENT DISMISSED AT CLERK’S HEARING AND LICENSE TO CARRY FIREARMS REINSTATED.

Defendant, an 87-year-old resident of Marlboro, was charged with Improper Storage of a Firearm when his pistol was found unattended in the Dollar Tree store in Hudson. An employee at the Dollar Tree discovered the pistol on the floor and contacted the police. After the incident was reported to police, at approximately 3:00 a.m., the police came to the Defendant’s residence where they seized all his firearms and issued him a notice that his License to Carry was suspended. The Law Offices of Gerald J. Noonan contacted the Hudson Police and requested that the matter be scheduled for a Clerk Magistrate’s Hearing rather than proceeding directly to an arraignment, which would result in the criminal charge being entered on the Client’s record. The Hudson Police agreed and the case was scheduled for a Clerk’s Hearing.

Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan persuaded the Hudson Police Department and the Clerk-Magistrate to dismiss the criminal complaint outright. Attorney Noonan argued that the Defendant was unaware that his pistol fell out of his holster because the pistol was so small and light that he didn’t notice it fall out. Attorney Noonan pointed out that the Defendant acted promptly and appropriately once he discovered that his firearm was missing. Upon realizing that his pistol was missing, Defendant retraced his steps and went back to the Dollar and reported to them that his pistol fell out. The Defendant then promptly went to the police department to report the incident. Attorney Noonan explained that his client was an 87 year-old decorated Marine Corps veteran of WWII who’s been a responsible gun owner his entire life. The Defendant was a retired Secret Service agent who served his country and protected Presidents Truman, Eisenhower, Kennedy, and Johnson. Because the criminal complaint was dismissed at the Clerk’s Hearing, the client did not have anything put on his criminal record. After the complaint was dismissed, the Law Offices of Gerald J. Noonan petitioned the police department to reinstate the Defendant’s license to carry.