Criminal Charges:
Improper Storage of a Firearm in violation of M.G.L. c. 140, § 131L (c) in Shrewsbury, Massachusetts; Worcester County; Westborough District Court
Case Overview:
A man’s wife obtained a restraining order against him. As a result, the Court ordered the man to surrender his firearms and ammunition, even though he had a valid License to Carry (LTC). Police arrived to the man’s house and informed him that his wife notified them he was in possession of multiple firearms. The wife also told police that she believed her husband hides his firearms around the house. Police asked the man where he keeps his guns and if he had a safe. The man told police he did not have a safe and directed the officers to his firearms. Under his bed in a cardboard box, police located a Mossberg 9mm handgun, .22 caliber Smith & Wesson rifle, 12-gauge Maverick shotgun and several boxes of ammunition. A fourth firearm, a .380 caliber Smith & Wesson handgun, was located behind a printer on a desk. Because the firearms did not have any sort of locking mechanism, Shrewsbury Police filed an application for criminal complaint against the man in Westborough District Court alleging four (4) counts of Improper Storage of a Firearm. As such, the man received a summons to appear for a Clerk Magistrate’s Hearing. He retained Massachusetts Gun Lawyer Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result:
Application for criminal complaint denied. Attorney Calcagni obtained recorded testimony by the wife at the restraining order hearing that placed into question whether or not she had been truthful with police about her phone being turned off. Attorney Calcagni also obtained copies of the wife’s phone records from October 13, 2021, which showed the phone to be active at that time. Attorney Calcagni provided this evidence to the Clerk Magistrate for his consideration in advance of the hearing. At the hearing, the parties reached an agreement resulting in denial of the application for criminal complaint. As such, this matter was dismissed.
Westborough District Court, Massachusetts
186 Oak Street
Westborough, MA 01581
Phone: (508) 366-8266
Cities and Towns: Grafton, Northborough, Shrewsbury, Southborough and Westborough