FIREARM OFFENSE: DISMISSED at ARRAIGNMENT

Oxford Police were dispatched to a domestic disturbance wherein a third-party caller reported that the Defendant and his wife were having a physical dispute. Upon arrival, officers observed items strewn about the bedroom. Defendant was in the process of packing his belongings in his bedroom to leave the house. Police observed a shotgun in Defendant’s bedroom closet, which was loaded and not trigger-locked. Police charged Defendant with Improper Storage of a Firearm. Client retained Attorney Patrick J. Noonan. Attorney Patrick J. Noonan filed a Motion to Dismiss asserting that there was insufficient probable cause to charge his client with the firearm offense because firearm was not outside the Defendant’s control because he had the shotgun sufficiently nearby him in his bedroom closet, a couple feet away, as he was packing his belongings in the bedroom. Attorney Noonan argued that the firearm was within arm’s reach of the Defendant and not outside his control.

Result: At the arraignment, the prosecutor agreed to dismiss the gun charge upon the payment of $100 in court costs.