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Rhode Island Bar Journal Article

Client charged with Failure To Register Firearms

Posted by Keith Langer | Jan 02, 2019 | 0 Comments

Except that he had no duty to, as he brought the guns in question with him when he moved to MA. The statute in question, c. 140, s. 128B, expressly states it applies only if one  "...receives such firearm, rifle, shotgun or machine gun, within the commonwealth..."

Notwithstanding that clear language - and two months after the incident in question - the police charged my client with not registering those guns he brought with him when he moved here. The PD did so without even questioning him about them, despite his signing a waiver of his right to remain silent; still less did the PD bother to have ATF run a trace, which would have proven it.

The PD also failed to document the guns in question being functional, which is required; the Ass't. Dist. Attorney did not act on this failure until a mere week before trial. That delayed my client another two months, as the court allowed the continuance over my objection.

The case was resolved to the client's favor, and without the jury trial we were prepared to conduct, with a favorable disposition. 

About the Author

Keith Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

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