Carrying A Firearm Without A License
- Steven Topazio wrote this March 4, 2024 at 3:12 pm
Case Review:
Attorney Steven Topazio
Charges:
Carrying a firearm without a license (MGL c. 269 § 10(a)), illegal possession of ammunition without an FID card (MGL c. 269 § 10(h)(1))
Case Summary:
Attorney Steven Topazio represented the defendant in this case, wherein the defendant was charged with carrying a firearm without a license and illegal possession of ammunition without an FID card in violation of Massachusetts General Laws. The defendant, a resident of another state, was passing through Massachusetts while operating a transportation business. He was legally licensed to carry a firearm in his home state and was in compliance with its gun laws.
On the day in question, the defendant was driving a Peterbilt tractor-trailer with instructions to deliver airplane deicing chemicals to Boston Logan International Airport, after which he was to return to his home state. During a routine inspection by Aviation Officials at Logan Airport, the defendant’s firearm was discovered in the sleeper portion of the cab, secured under a heavy mattress in a canvas bag. The defendant stated to State Police that he forgot he had his gun with him while attempting to gain access to the Airfield. Neither the weapon nor the ammunition was readily accessible to the defendant while being transported.
Legal Arguments:
Attorney Topazio argued that the defendant’s actions fell within the protections of 18 U.S.C. § 926A, which allows individuals not prohibited under federal law to transport firearms for lawful purposes from one place where they may lawfully possess and carry such firearms to another place where they may lawfully possess and carry them. Attorney Topazio asserted that the defendant was merely passing through Massachusetts after making a delivery to Logan International Airport, and thus, his possession of the firearm was lawful under federal law.
Furthermore, Attorney Topazio contended that the defendant did not consciously violate Massachusetts law, as he was unaware that he was carrying the firearm while passing through the state. The defendant had no intention of staying in Massachusetts and was merely engaged in interstate transportation for his business.
Outcome:
After considering Attorney Topazio’s arguments, the District Attorney agreed that there was insufficient evidence to proceed with the case. Consequently, the Commonwealth entered a Nolle Prosequi, effectively dismissing the charges against the defendant.
Conclusion:
Attorney Steven Topazio’s effective representation and compelling legal arguments led to a favorable outcome for his client. The case highlights the importance of understanding and applying relevant federal and state laws in defending clients facing firearm-related charges, especially in cases involving interstate transportation.