Comm vs Kelly

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Commonwealth v Kelly SJC-127109 released 1/30/20 : 100% loss for our side

Key points;

  • AD in home is "Strict liability" offense. Even if it is uncontested that it is an accident, the fact that it occurred supports a finding of guilty on discharge of a firearm with 500ft of a dwelling. Court noted the small penalty, but ignored and did not address the lifetime deprivation of a civil right as part of that penalty. Court specifically stated there is absolutely no mens rea requirement for a conviction.
  • Re-stated the obvious: Exemption for possession under supervision of LTC holder does not apply if the LTC holder is not home
Lessons:
  • STFU. The defendant actually stated that he, a non-LTC Holder, had access to the guns when his father, an LTC holder, was not home. Yup, he actually admitted this - then tried to use the "under supervision of license holder" defense. He was convicted of unlawful possession of a firearm. So, he F'ed both himself and his father by not STFUing until he had legal counsel.
  • Sua Sponte means "the fix is in". The SJC pulled this case from the appellate docket of its own initiative so it could do a bit of legislating.
  • Cases with unsympathetic plaintiffs are not good forums for arguing issues of how laws pertain to people without baggage. Note that Comm2A joined with an Amicus (excellently prepared, despite the screw job by the court) after the case was in play. We probably would not have chosen a case involving illegal possession to argue this issue if we were free to cherry pick a defendant. But, it rarely works that way.
  • ANY AD within 500ft of an in use building is now grounds for conviction of an offense that makes you a lifetime PP in MA. Please re-read that, commit it to memory, and live by it.
  • Take the CWOF if you find yourself charged with the 500ft law for an AD. If you have a good attorney, and lack baggage, you should be able to get this deal if you have an AD.
  • You can be guaranteed that police officers having an AD in their house will never face this charge. The law also protects police who violate this law, accidentally or on purpose, during any official duty.
Untested thought:
  • The law does not prohibit discharge with 500ft of a building in use IF it is on an indoor firing range or test facility. Set up a discharge bucket, keep your chronograph and chrono lights by it, USE IT FOR TESTING LOADS, and document the results. You now have a test facility in which to handle and work on your defensive sidearms. Note that the crime was discharge within 500ft of an in use building; not an AD. But, figure the courts can rewrite the law any time to get the desired outcome.
 
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Holy shit....

I really wish I could say what I think of this state and the tyrants that 'run' it. Rage.

What if I just get written permission from my neighbors for ongoing shooting on my property? Then I can house pop all day you f***ing clowns.
 
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