Court rules two gun charges are duplicative

[LittleCalm]

http://www.boston.com/news/local/ma...es_two_gun_charges_duplicative/?p1=News_links

 

[Kicker96FS]

Martha must be pissed.

 

[Colt Delta Elite]

Makes sense to me

 

[Boghog1]

isn't that the second sane ruling this year from the SJC?

 

[Knuckle Dragger]

We're reviewing the briefs and oral arguments now, but we can't find the actual decision yet.

Watching SJC arguments is painful, some of the lawyers are just awful. This is at least the second time I've seen the justices and attorney speculated about whether or not there's a central repository of licenses issued by the chiefs? How do you get in front of he SJC defending someone on a gun charge without knowing this?

 

[cockpitbob]

The Commonwealth has cited no authority to support this proposition...

They try to apply charges to someone and when asked to defend them they can't...at all. Cripes, I wish there was some accountability.

 

[terraformer]

I haven't seen the decision but this is what it looks like from the article and looking at the briefs. It appears that they are saying that 269 §10(n) and 269 §10(h) cancel the other out when the gun is loaded. So this is not the huge win because they will just charge with (n) when the gun is loaded and (h) when it is not. Either way they get two bites at the apple on the general crime of possession (because possession of the gun is one crime, it being loaded or having separate ammo is another).

This is really not that big a deal and it sure as hell doesn't help law abiding gun owners.

 

[Smash05]

We're reviewing the briefs and oral arguments now, but we can't find the actual decision yet.

Watching SJC arguments is painful, some of the lawyers are just awful. This is at least the second time I've seen the justices and attorney speculated about whether or not there's a central repository of licenses issued by the chiefs? How do you get in front of he SJC defending someone on a gun charge without knowing this?

Hey, I watched the Commonwealth in the Powell case try to say that a 15 year old could in fact own a firearm with a license in MA. My experience with prosecutors is that they will lie to cover their own ass in front of a judge every time.