In the recent case of Commonwealth v. Leslie Burton-Brown, the Massachusetts Supreme Judicial Court considered the issue of whether a gun, manufactured before 1900, were unlawful to own/possess under the Massachusetts' Gun Crimes Laws.
After a jury trial, the defendant was convicted of Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Unlawful Possession of a Loaded Firearm. In his appeal, the defendant asserted that his convictions should be overturned because the gun at issue was manufactured before 1900, and under the law as written, he could lawfully possess the firearm with having been issued a license to carry.
Under the statute which criminalized the possession of a firearm without a license, the language further reads that the "...provisions of the [statute] shall not apply to...any firearms, rifle, or shotgun manufactured in or prior to the year 1899."
In reversing the defendant's conviction, the Massachusetts Supreme Judicial Court resounded that, given the language of the statute, the defendant could not have been convicted of unlawfully possession this antique gun. The SJC went even further and overruled a prior Massachusetts Appeals Court case which had previously ruled that no "antique gun exemption" existed.
Moving forward, where a defendant is charged with Unlawful Possession of a Firearm, attorneys should give the appropriate pre-trial notice to rely on the affirmative defense of exemption so that the defendant could demonstrate to the jury, through expert testimony, that the gun is, in fact, an antique.
Boston Criminal Appeals Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes Charges, including Unlawful Possession of a Firearm, Possession of a Loaded Firearm, and all Massachusetts Criminal Appeals.
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