Denial of bail in firearm possession cases upheld

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Two defendants charged with unlicensed firearm possession could be held without bail before trial on the ground of dangerousness, the Supreme Judicial Court has found.

Under G.L.c. 276, section58A, the state can move for detention based on dangerousness if a defendant is “arrested and charged with a violation of paragraph (a) … of section 10 of chapter 269,” which penalizes possession without a license of a firearm not in one’s residence or place of business. The defendants argued that including unlicensed firearm possession as a predicate offense violates substantive and procedural due process.

The SJC disagreed.

“[W]e conclude that unlicensed firearm possession as described in G.L.c. 269, section10(a), presents a menace of dangerousness and that its inclusion as a predicate offense is narrowly tailored to the Commonwealth’s legitimate and compelling interest in preventing extremely serious crime by arrestees,” Justice David A. Lowy wrote for the court.

The 28-page decision is Vega v. Commonwealth (and a consolidated case), Lawyers Weekly No. 10-084-22.