I wonder what would have happened if he had lawyered up immediately?
We believe this disposition is in the interest of justice given the facts of the case, Mr. Traficante’s cooperation with the police, and his lack of record,” Covington said in a statement.
Rooney also set probation conditions that prohibit Traficante from being licensed to carry a firearm or possessing any type of firearms, ammunition, knives or swords.
From DC vs Heller
Finally, the Supreme Court applied the
Second Amendment, as newly interpreted, to the contested D.C. firearm regulations and concluded that they were unconstitutional.
33 First, the Court declared that possessing weapons for self-defense is “central to the
Second Amendment right,” yet D.C.’s handgun ban prohibited “an entire class of ‘arms’ that is overwhelmingly chosen by American society for that lawful purpose.”
34 Moreover, the handgun prohibition extended into the home, where, the Court added, “the need for defense of self, family, and property is most acute.”
35 Additionally, the requirement that firearms in the home be kept inoperable is unconstitutional because, the Court concluded, that requirement “makes it impossible for citizens to use them for the core lawful purpose of self-defense.” 36 Thus, the Court ruled that D.C.’s handgun ban could not survive under any level of scrutiny that a court typically would apply to a constitutional challenge of an enumerated right.
37
Not clear whether or not there was a lawful search warrant issued, he let them in or they used exigent circumstances.
Personally, a locked door (for me) makes a firearm secure.
Hopefully the Bruen case causes the secured firearm rule to be relitigated in the State of Massachusetts.
Are scary smells enough these days to have you lose money and firearm rights for 2 years...apparently so.