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Client Charged with Failure to Register Firearms

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.