CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST GOVERNMENT WORKER WITH NO CRIMINAL RECORD DISMISSED AT CLERK’S HEARING UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.

Fall River Police were dispatched for a report of a stolen firearm. Upon arrival, Police spoke with the Defendant, who was distraught, and he reported that his firearm was missing from his vehicle. Defendant stated that he had his firearm in his vehicle and placed it in his center console while doing Christmas shopping. When he returned home from shopping, he could not locate his firearm in his vehicle, so he reported the missing firearm to police. As a result, Defendant was charged with Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk Magistrate Hearing. Defendant has no criminal record and he has been employed by the Commonwealth of Massachusetts for many years. Defendant and his wife are both social workers. Attorney Noonan presented six letters attesting to the Defendant’s character. The client has had a License to Carry Firearms for many years and has always been a responsible gun-owner. In this case, the Defendant made a mistake by leaving his firearm unattended in his vehicle for a short period of time, but he reported the disappearance of the firearm immediately upon his discovery. Although there may have been probable cause to support the criminal charge, the Clerk-Magistrate agreed with Attorney Noonan’s request to dismiss the charge.