FELONY GUN CHARGE AGAINST ASPIRING POLICE OFFICER DISMISSED PRIOR TO ARRAIGNMENT.

Client, 36 year-old man, had a valid License to Carry Firearms, including large capacity firearms. After finishing a day’s work as a Foreman for an Asphalt Company, client discovered that his handgun was stolen from his work truck. Client immediately went to the police station to report the theft of his firearm. Client spoke to the police officer in the lobby of the police station for approximately three minutes. After their brief discussion, the officer informed the client that he would be charging him with Improper Storage of a Firearm, a felony charge because the firearm was large capacity. Client had taken police entrance exams in New Hampshire and the Civil Service Exam in Massachusetts. Client was offered full-time positions as a police officer by several New Hampshire Police Departments. However, the client had his sights set on becoming a police officer in the town where he has long resided. The client had fulfilled the majority of the requirements to become a police officer in his home town. The client was in the process of finishing the rest of his requirements when this criminal complaint was filed against him.

Result: Prior to his arraignment, Attorney Patrick J. Noonan presented the Commonwealth with evidence that his client had his firearm properly locked in a secured container, as required by law. Attorney Patrick J. Noonan had two witnesses who were willing to testify that the client routinely stored his firearm in a metal box secured with a latch and key lock. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove their case at trial. The offense of Improper Storage of a Firearm (G.L. c. 140, §131L) requires that the Commonwealth prove that the alleged firearm meets the definitional requirements of a firearm. Specifically, the Commonwealth must prove that the alleged firearm was a working firearm. Attorney Patrick J. Noonan pointed out that the Commonwealth would be unable to prove that the alleged firearm at issue met the definition of a firearm (i.e., that it was a working firearm) because the firearm was missing. After considering the evidence and arguments raised by Attorney Patrick J. Noonan, the Commonwealth dismissed the felony gun charge prior to arraignment. As a result, the client is now free to continue his pursuit of becoming a police officer.