In Commonwealth v. Young, the Massachusetts Supreme Judicial Court held that the Commonwealth could not hold a defendant charged with unlicensed possession of a firearm without an FID card without bail under the dangerousness statute of Massachusetts law. A Massachusetts criminal defense lawyer should object to any attempt by the Commonwealth to hold a defendant without bail under the dangerousness statute in light of this decision.
The dangerousness statute, Massachusetts General Laws, Chapter 276 Section 58A allows the Commonwealth to hold a defendant without bail for up to ninety days. The statute sets forth a list of predicate offense that allows the Commonwealth to seek a detention under the dangerousness statute, but also had language that was construed by the Commonwealth as a catch all that would support an expansive use of pretrial detention without bail. This portion of the statute included any felon that by its nature involves a substantial risk that physical force against the person of another may result. The Commonwealth used this language to argue that possession of an unlicensed firearm fell within this language of the statute and allowed for a defendant to be held without bail for up to ninety days.
The Massachusetts Supreme Court rejected this argument, holding that possession of an unlicensed firearm does not necessarily fall within the definition of the statute because the crime of possession of an unlicensed firearm does not require the Commonwealth to prove that an individual used the gun for an illicit purpose, just that it was not licensed. Accordingly, the Court held it was a regulatory offense that did not necessarily mean that the individual used the gun for any illicit purpose.
The Young decision means that the Commonwealth should not be successful in detaining a defendant charged with possession of a firearm without an FID card without bail under the dangerousness statute. Gun charges will likely result in the Commonwealth seeks a high bail as a Massachusetts gun offense carries with it a mandatory minimum eighteen month jail sentence.
Michael DelSignore is a Massachusetts criminal lawyer, defending gun charges throughout the Commonwealth of Massachusetts. If you were arrested or know someone held for possession of a firearm without an FID card, possession of a loaded firearm or high capacity firearm, call Attorney DelSignore immediately and let him begin working on your case. Call 508-455-4755 or send an email through this website.
