FIREARMS CHARGES DISMISSED - MOTION TO DISMISS ALLOWED
Possession of Ammunition without an FID / LTC; Lynn District Court; Commonwealth v. W.R.; September 18, 2025
Massachusetts State Police conduct a motor vehicle stop on Route 1 in Saugus. The Defendant, a passenger inside of the stopped car, was ordered out of the car. The investigating officers then conducted a search of the Defendant and a search of the car itself. During the search, the officers located a quantity of high capacity magazines and a quantity of ammunition.
Attorney Ciraulo drafted, filed, and argued a Motion to Dismiss asserting:
(1) The Defendant is exempt from the provisions of M.G.L. c. 269 s. 10(h)(1) (the firearms statute) by and through M.G.L. c. 140 s. 129C(h) (exemption for nonresidents traveling in or through the commonwealth); and
2. The Commonwealth's nonresident licensing scheme violates the Second Amendment, the Full Faith and Credit Clause, Protections of Interstate Travel, and Protection of Interstate Commerce. New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022) (Bruen), Commonwealth v. Marquis, 495 Mass. ____ (2025), Commonwealth v. Donnell, SJC-13561 (2025) (Donnell), M.G.L. c. 269 s. 10(h)(1), and M.G.L. c. 140 s. 129C.
After hearing, the Court agreed that the statutory exemptions argued by Attorney Ciraulo applied to the Defendant and the case was dismissed.
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Jon A. Ciraulo
Attorney Ciraulo has the education, experience, and background to get results. Each and every day, Attorney Ciraulo and his team of former prosecutors aggressively scrutinize the conduct of the police, investigate each and every component of every case, and challenge the contentions of the prosecuting attorneys. When you are charged with a crime or are the subject of a criminal investigation, accept nothing less than excellence in criminal defense. Call Attorney Ciraulo today for a free consultation and let him summarize for you available defenses and outline for you how he will fight to win your case.
