Twenty Gun Charges – Not Guilty All Around
by
Joseph Simons on Jun. 24, 2018
Summary: A constable was charged with twenty counts related to illegal gun transfers and other related crimes. After a jury trial, he was cleared of all wrongdoing.
Simons Law Office had a huge win in the Salem District Court. Our client is a constable in several North Shore towns, and set out to create a professional constable agency. He read the laws, consulted with law enforcement officials, and created policies for the office.
Our client obtained several guns from out of state, which are deemed to be “law enforcement only.” He also issued them to constables working for his agency, including a twenty-year-old without a license to carry. When Massachusetts State Police and Alcohol Tobacco and Firearms federal agents caught wind of our client’s activities, they were not pleased. In fact, they cause twenty charges to issue against him in the Salem District Court.
We took over the case after a prior attorney tried to convince our client to plead guilty. We spent a long time getting to understand the laws surrounding constables, and drafted a lengthy motion to dismiss. Only one count was dismissed during the pre-trial stage.
On the morning of trial, seven more charges were dismissed, leaving twelve to go to the jury.
The original charges were: Failing to Report Unauthorized Firearm (x5), Firearm Sale to Person Under 21, Possession of Large Capacity Firearm (x6), False Statement on Firearm Application (x3), Sell/Transfer Large Capacity Firearm, False Firearm Application, and Impersonating a Police Officer (x3).
After the prosecution closed their case, Attorney Simons convinced the judge to direct 6 verdicts of Not Guilty for our client. The remaining 6 ended acquittal after jury trial.