Articles Posted in Gun Crimes

Criminal appeals are often looked at as a chance for a defendant to reverse a guilty verdict or unfavorable pretrial decision, however appeals can work both ways. Prosecutors commonly appeal pretrial rulings to a higher court in order to improve their chances of a successful result at trial. In certain circumstances, prosecutors can even appeal dismissals or acquittals of criminal charges, although double jeopardy may come into play if a jury had been impaneled prior to a state’s appeal.

Earlier this year, one of my blogs discussed the effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen on firearm prosecutions in Massachusetts. The Massachusetts Supreme Court had reversed a man’s firearm convictions and instructed the trial court to enter orders of dismissal for the charges against him. After this first opinion and ruling were issued, the State asked the Court to reconsider their ruling, and a supplemental opinion was released in September of 2023.

The defendant was initially convicted of carrying a firearm, carrying a loaded firearm, and carrying ammunition without a license. However, an appeal revealed that, according to the recent Supreme Court decision in New York State Rifle & Pistol Ass’n v. Bruen, the absence of a license is a crucial element for these crimes. As the trial judge failed to instruct the jury on this requirement, the convictions were overturned, and the Commonwealth was prohibited from retrying the defendant. The Commonwealth sought reconsideration, arguing that the rule in Bruen did not exist during the defendant’s original trial. The court agreed, stating that double jeopardy doesn’t apply because the Commonwealth didn’t need to present evidence of lack of licensure under the previous legal framework, and a retrial is permissible.

The Second Amendment of the United States Constitution protects the rights of U.S. Citizens to keep and bear arms. These protections, while granted in the 18th century with the adoption of the Bill of Rights, are regularly open to reinterpretation by courts. The United States Supreme Court has the final say on constitutional issues such as the Second Amendment, and Supreme Court rulings may have an effect on state criminal prosecutions. The Massachusetts State Supreme Judicial Court recently released an opinion that addressed a defendant’s appeal of his firearm conviction in light of a new U.S. Supreme Court ruling which appeared to have broadened the protections of the Second Amendment.

According to the facts discussed in the recently decided opinion, the defendant in the case at issue was arrested and charged with firearms offenses after authorities responded to a tip from a confidential informant that the man possessed an unregistered firearm. After a trial in which the defendant unsuccessfully challenged the evidentiary and legal basis for the charges against him, the defendant was convicted of unlawfully carrying a loaded firearm. Although Massachusetts law exempts license holders from criminal liability under the statute, neither the defense nor the prosecution presented any evidence of the defendant’s possession of a valid license at the time of his arrest.

After the defendant’s conviction, the U.S. The Supreme Court decided the case of New York State Pistol and Rifle Association v. Bruen, in which the court found that the Second Amendment protected citizens’ right to possess a firearm outside of the home. On appeal, the defendant argued that in light of the Bruen decision, the government needed to prove beyond a reasonable doubt that the defendant did not have a valid license to possess the firearm for which he was charged. The state high court agreed with the defendant, finding that the previous law placing the burden on a defendant to prove licensure was no longer valid in light of the Bruen decision, which required the government to establish a lack of a license as an essential element of the crime. Based upon the appellate opinion, the defendant’s conviction was reversed, and verdicts of not guilty were entered on the charges against him.

In a recent case before an appeals court in Massachusetts, the defendant asked the court to reconsider his convictions of unlawful possession of a firearm, unlawful possession of ammunition, and improper storage of a firearm. Originally, the defendant was criminally charged after two police officers found a loaded firearm in his car; he was found guilty after a jury weighed the evidence at trial. On appeal, the defendant argued that the jury should not have heard about other crimes he had committed in the past, since it unnecessarily biased them in their decision-making process. Considering the evidence, the court of appeals disagreed and affirmed the guilty verdict.

Facts of the Case

According to the opinion, two State troopers approached the defendant one afternoon when he was standing outside of a car, looking at the front bumper and making sure everything was working properly. The troopers had received a report that the car’s license plate was registered to another car and that the registration had been revoked because the owner had no insurance. For these reasons, the troopers pulled over and approached the defendant.

As they approached, the troopers noticed a firearm sitting between the driver’s seat and the center console. The defendant immediately admitted that he did not have a license to carry the firearm, and officers took him to the station for questioning.

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In a recent case before an appeals court in Massachusetts, the defendant argued his motion to suppress incriminating evidence should have been granted by the lower court. According to the defendant, the officer that found a firearm on his person unlawfully searched him, and thus the evidence should not have been considered admissible by the trial court. On appeal, the higher court looked at the case law and ultimately determined that the officer was within his rights when he conducted the search, and that thus the firearm was admissible after all.

Facts of the Case

According to the opinion, police officers were executing a valid search warrant at the home of the defendant’s brother-in-law one evening in September 2018. The officers were investigating the brother-in-law for possession of illegal drugs and firearms, and they did not realize that the defendant also lived at the residence as they conducted their search. The brother-in-law was present for the officers searched his home, and he willingly cooperated throughout the process.

Midway through the officers’ search, the defendant opened the locked front door and walked into the home. One of the officers immediately approached the defendant and grabbed his wrists, afraid that he would be a threat to the rest of the search. While the officer was putting the defendant in handcuffs, he felt an object around the defendant’s waistband and found a firearm.

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Earlier this month, a court of appeals in Massachusetts reviewed the Commonwealth’s appeal of a lower court’s order in a firearms case. Originally, the lower court had granted a defendant’s motion to suppress, agreeing with the defendant that police officers had illegally retrieved a firearm from his person when investigating potentially suspicious activity. On appeal, however, the higher court reversed this ruling and decided that the officers were within their rights when they secured the firearm.

Facts of the Case

According to the opinion, police officers were on patrol one evening when they saw a pickup truck driving on the wrong side of the road and turning without using a signal. The officers activated their vehicle’s siren and conducted a traffic stop. As they approached, the officers noticed that there were three individuals in the truck; the passenger in the back of the truck ended up being the defendant in this case.

During the interaction between the officers and the passengers, the defendant began acting nervously. He turned his torso away from the officer and began reaching with one arm toward his leg. The officer ordered the defendant to put his hands on the headrest, but the defendant instead reached again toward his leg. The officer then ordered the defendant out of the truck, conducted a pat frisk, and found a firearm on his person. The defendant was charged with unlawful possession of a firearm.

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In a recent firearm case coming out of a Massachusetts court, the Commonwealth appealed a lower court’s decision in favor of a defendant who had been charged with two firearm offenses. Reviewing the Commonwealth’s appeal, the court of appeals agreed with the lower court and sided with the defendant, concluding that the officers that found the firearm on the defendant’s person did not have the right to pat him down in the first place. Given this conclusion, the lower court’s decision in favor of the defendant was affirmed.

The Facts of the Case

According to the opinion, the defendant was stopped one evening after three police officers saw him make two abrupt turns in his vehicle. The officers activated their cruiser’s blue lights, and the defendant stopped his car. Once the officers approached the defendant in the driver’s seat, the defendant and one of the officers realized they were already familiar with each other. The officer had stopped the defendant five times over the course of several years, once arresting the defendant for possession of a firearm.

In a recent firearm case coming out of a Massachusetts court, the defendant’s appeal of his guilty verdict was denied. The defendant argued that part of the evidence presented against him, an incriminating Snapchat video, should not have been admissible at trial. The court disagreed with the defendant’s argument and ultimately denied his appeal.

Facts of the Case

According to the opinion, the defendant was shopping at a convenience store when he went to the cashier to check out. Another customer got in line behind the defendant, and she later testified that she waited patiently as the defendant engaged in a long conversation with the cashier. At one point, the defendant turned toward the second customer and asked whether she had a problem. The customer noticed that the defendant’s zipper was undone and that a firearm was on display under his shorts.

The customer quickly left the market and called the police. A few hours later, officers were patrolling the area and found a person matching the customer’s description. They stopped the person, who happened to be the defendant in this case. At that point, the defendant did not have any weapons on his person.

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In a recent firearm case from a Massachusetts court, the defendant’s motion to suppress incriminating evidence was denied. A lower court had originally granted the defendant’s motion, deciding the police officer that originally stopped him did not have sufficient reason to suspect that he was carrying a gun. Disagreeing with the lower court, the higher court reversed the ruling and ultimately denied the defendant’s motion.

Facts of the Case

According to the opinion, one evening at approximately 2:00am, a police officer was patrolling in his car when he received a radio dispatch telling him of a ShotSpotter alert nearby. ShotSpotter devices go off when there is an audible gunshot, and when the devices are activated, they provide police officers with a sense of the area where the possible gunshot took place. Once the officer heard about the ShotSpotter, he was able to drive to the area identified by the device. As he was driving, the office received several more reports of ShotSpotter alerts and then began to hear gunshots for himself.

In the area identified by the ShotSpotter, the police officer only saw one person – the defendant in this case. According to the officer, the defendant appeared as though he was intoxicated. The officer immediately told the defendant to lie on the ground until another office could arrive. Once the second officer came on the scene, the two officers handcuffed the defendant, pat him down, and found a firearm in his right pocket.

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In a recent opinion from a Massachusetts court regarding firearms offenses, the defendant’s appeal of his guilty verdict was dismissed with no relief. The defendant had originally been found illegally possessing firearms after an undercover police officer connected with him on Snapchat and saw videos of him carrying a revolver. On appeal, the defendant argued that the undercover officer violated his constitutional right to privacy. Disagreeing with the defendant, the court affirmed the guilty conviction.

Facts of the Case

According to the opinion, in 2017, a Boston police officer sent a friend request to a private Snapchat account that belonged to the defendant. The officer sent the request from an undercover account that he had created for the purpose of investigating crimes on social media. According to the officer, his username on the account was a pseudonym chosen at random, and the profile picture associated with his account was the default picture chosen by Snapchat.

The defendant accepted the undercover officer’s friend request. Upon reviewing the defendant’s posts on Snapchat, the officer came to realize that he was familiar with the defendant through his previous work as a police officer and that he knew the defendant was prohibited from carrying firearms because of prior criminal convictions.

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