ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR CARRYING A DANGEROUS WEAPON ON SCHOOL GROUNDS AGAINST SHEET METAL WORKER DISMISSED AT CLERK’S HEARING.

Police received a report that an adult male, parked in a vehicle in the school parking lot, was in possession of a firearm. A teacher observed that the Defendant had a firearm tucked in his waistband, which became visible when the Defendant was rummaging through tools in the back of his truck. The Defendant was parked in the student pick-up line waiting to pick his daughter up from school. Police arrived and spoke with the Defendant, as he was parked in the student pick-up line. Defendant was polite and cooperative. Defendant had a valid License to Carry Firearms. He admitted to the police that he had a firearm on his person. He apologized and stated that he was unaware of the regulation around a firearm on school grounds. The police seized his firearm and filed an Application for Criminal Complaint against the Defendant for the offense of Carrying a Dangerous Weapon on School Grounds pursuant to G.L. c. 269, §10(j).

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at a Clerk-Magistrate Hearing resulting in no criminal charges against the client. Attorney Noonan presented evidence that the Defendant had his firearm holstered on his waistband and he never intended to exit his vehicle, or walk on school grounds, while picking up his daughter at school. Defendant briefly exited his vehicle to rearrange tools in the back of his vehicle when the firearm on his waistband became visible. Defendant was extremely apologetic and cooperative. Attorney Noonan showed that this was a simple mistake with no criminal intentions. Attorney Noonan pointed out that his client is a 53 year-old man with no criminal record who has never been in any trouble in his life. For 34 years, he has worked as a union sheet metal worker. Attorney Noonan presented letters from several persons attesting to the Defendant’s character. After hearing Attorney Noonan’s evidence and arguments, the Clerk-Magistrate dismissed the criminal complaint and the client was never charged with a crime. Additionally, the client’s License to Carry Firearms was not suspended.