SJC Decision Today
"GEORGES, J. This case presents the question whether firearms found to be improperly secured, according to the requirements of G. L. c. 140, § 131L, are subject to forfeiture 2 under G. L. c. 276, § 3 (b), which regulates the disposal of certain firearms seized during the execution of a search warrant. For the foregoing reasons, we conclude that they are not. Accordingly, the Superior Court judge's order allowing the forfeiture must be vacated and set aside. "
"Fleury intends to sell the twelve firearms in question, through a designee, now that he is permanently forbidden from owning or possessing a firearm himself. General Laws c. 140, § 129D, not only explicitly establishes "the right" to "transfer the firearms" to "any other person legally permitted to purchase or take possession of" them, but also provides that the "licensing authority shall at the time of delivery or surrender inform the person in writing" that this right exists. "