Law Office of Isaac J. Mass -- Greenfield, Massachusuetts
 
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Today, in Commonwealth v. Reyes SJC 11270 (2013), the Massachusetts Supreme Judicial Court held that the storage of a firearm in securely locked container (like a glove compartment) inside a parked vehicle is not a violation of the carrying statute and may be adequate under the storage statute.

 Amaury Reyes, was convicted in the Salem District Court of improperly carrying a firearm in a motor vehicle in violation of M.G.L. c. 140, § 131C (a) (carrying statute), and unlawfully storing a firearm (after leaving it in his motor vehicle) in violation of M.G.L. c. 140, § 131L (a ) and (b ) (storage statute). Reyes possessed a class A license permitting him to carry a firearm for all lawful purposes under M.G.L. c. 140, § 131 (a ). On April 10, 2010, he drove from his home to work, during which time he carried his personal firearm with him in a holster without passenger. When he arrived at  work, he parked his motor vehicle, removed the firearm and holster from his person, placed them in the glove box, and locked the vehicle.

Reyes consented to a search of his vehicle alerting the officer that his firearm was in the glove box of his
vehicle. He acknowledged that the firearm was not outfitted with a cable locking device. He unlocked
the car with a remote opener. The officers entered the vehicle from the passenger side, opened
the glove box, and retrieved the firearm in its holster. The firearm contained a loaded magazine, but no round in the chamber.

On appeal Reyes argued insufficient evidence at trial to support his convictions under the carrying and storage
statutes.

The carrying statute provides in relevant part that "no person carrying a loaded firearm ... shall carry the same in
a vehicle unless such firearm while carried therein is under the direct control of such person." The Court
held that there was no evidence that his firearm was out of his possession (or his direct control) when he traveled to work in his vehicle. They further held that the carrying statute does not apply once the defendant leaves his
vehicle and leaves the firearm in it. The Court held that when Reyes left his motor vehicle and the firearm in it, he became subject to the storage statute because he was storing or keeping his firearm in a "place" neither on his
person nor "under the control of the owner or other lawfully authorized user." G.L. c. 140, § 131L (a ).

 As to the storage charge, the court maintained that a motor vehicle is not itself a securely locked container.
However they held “that the storage of a firearm in a securely locked container within a motor vehicle would
satisfy its requirements.” This may include a locked glove compartment if it locks according to the SJC. 

If you have been charged with a firearms violation you may need a criminal defense attorney who is abreast of the latest developments in firearms statutes and new court rulings reacting to the deluge of firearms litigation.  For a consultation contact the Law Office of Isaac J. Mass.


 
 
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Saturday, December 22, 2012 at 10:00 a.m. the Law Office of Isaac J. Mass is hosting a free showing of the the holiday classic Elf!  Tickets are first come first serve at the Greenfield Garden Cinema in beautiful, downtown Greenfield, just one block from the Law Office of Isaac J. Mass.

Staring Will Ferrell, Elf is the story of Buddy, a baby in an orphanage who stowed away in Santa's sack and ended up at the North Pole. Later, as an adult human who happened to be raised by elves, Santa allows him to go to New York City to find his birth father, Walter Hobbs. Hobbs, on Santa's naughty list for being a heartless jerk, had no idea that Buddy was even born. Buddy, meanwhile, experiences the delights of New York City (and human culture) as only an elf can. When Walter's relationship with Buddy interferes with his job, he is forced to reevaluate his priorities.

The Law Office of Isaac J. Mass assists clients in many of the area discussed in the movie including adoption, child support,  family law, defense for criminal mischief, assault and battery defense, disturbing the peace, disorderly conduct, and vandalism.

If you need a consultation because you've been on Santa's naughty list or if you simply have an elf of your own which you wish to adopt call the Law Office of Isaac Mass at 413-774-0123 for a consultation.

 
 
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Some Common Questions About Sentencing

1) Concurrent sentences- Where do I serve the sentence?

Prisoners are housed in the institution specified on their mittimus for the sentence imposed on the earliest date. M.G.L. c. 279 §8.

2) Can the court sentence me to a house of correction in a different county?

Yes. M.G.L. c. 279 §15.

3) What Is A ''Forthwith" Sentence?

Pursuant to M.G.L. c. 279 §27, a person currently serving a house of correction sentence may be sentenced on a felony to the state prison, said sentence to take effect "forthwith, notwithstanding the former sentence." as opposed to "from and after" which means waiting for the release from the first sentence "by parole or otherwise" before beginning the second M.G.L. c. 279 §8A .

4) Can a sentence to the house of correction run concurrently with a state prison sentence or vice versa?

There is nothing that prevents the imposition of a house of correction sentence concurrent with a state prison sentence. See Commonwealth v. Parzyck, 41 Mass. App. Ct. 195 (1996).

5) If I am serving a mandatory minimum sentence, can I be classified to electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

6) Do I receive jail credits for time spent awaiting trial on electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

7)  How do weekend sentences work?

M.G.L. c. 279 §6A. These sentences are typically served from Friday to Monday, though a court can specify any beginning and ending time for each weekly period of confinement.  If you work weekends you should alert your attorney in advance. Inmates are required to report on his or her own to the correctional facility each week at a time directed by the court. This sentence allows an inmate to maintain employment during the week while serving a sentence on weekends.

8) Can the Superior Court continue a case without a finding (CWOF)?

Yes. Commonwealth v.Powell, 453 Mass. 320 (2009).


 

(c) 2012 Law Office of Isaac J. Mass, 289 Main Street, Suite 201 Greenfield, MA 01301