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When an in-duh-vidual has an AD in their residence and the police get involved, one of two things happens depending on the police officer, the departmental policies, and the manner in which the shooter behaves. Sometimes it gets broomed even if one is not connected (yes, I know of that happening) or the person is charged with discharging a firearm within 500ft of a residence.
There is a case before the MA SJC that seeks to determine if mens rea is required or if this is a strict liability offense. There is plenty of case law that strongly demonstrates that it is not the intent of the law to criminalize accidents and there must be some concept of intent to commit the deed, but we all know how persuasive the "cuz guns" doctrine is.
What is particularly interesting, and perhaps even frightening, about this case was taken up sua sponte by the SJC (meaning no appeal was filed, they saw the conviction and decided to take up the case on their own accord).
The amicus filed by Comm2a was an absolute f'in work of art and demonstration of sheer brilliance by a certain attorney whose name may not be spoken on this forum, but is still out there fighting for us.
There is a case before the MA SJC that seeks to determine if mens rea is required or if this is a strict liability offense. There is plenty of case law that strongly demonstrates that it is not the intent of the law to criminalize accidents and there must be some concept of intent to commit the deed, but we all know how persuasive the "cuz guns" doctrine is.
What is particularly interesting, and perhaps even frightening, about this case was taken up sua sponte by the SJC (meaning no appeal was filed, they saw the conviction and decided to take up the case on their own accord).
The amicus filed by Comm2a was an absolute f'in work of art and demonstration of sheer brilliance by a certain attorney whose name may not be spoken on this forum, but is still out there fighting for us.
Great info - that will save anyone who carries a gun the trouble of checking to make sure it is loaded when they retrieve it from safe storage.all guns are loaded
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