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Criminal – Firearm – License
Appeals Court (Unpublished)
Mass. Lawyers Weekly Staff//October 8, 2025//
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Where a jury found a defendant guilty of carrying a firearm without a license, the verdict must be set aside because the trial judge did not instruct the jury that the commonwealth must prove that the defendant did not have a license to carry a firearm.
“… We vacate the judgment and remand the matter to the District Court to allow the Commonwealth to retry the defendant if it so chooses. …
“… During booking, the defendant said that he was wearing ‘an antique revolver from his grandfather’ around his neck. …
“Here, there was ample evidence that the revolver was a conventional firearm with obvious dangers, and that the defendant knowingly possessed it. …
“The judgment is vacated, the verdict set aside, and the matter remanded to the District Court to allow the Commonwealth to retry the defendant if it so chooses.”
Commonwealth v. Landry (Lawyers Weekly No. 81-140-25) (6 pages) (Docket No. 23-P-1082) (Oct. 2, 2025).
Click here to read the full text of the opinion.
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