Lowell District Court Dismisses Firearm Charges on Constitutional Grounds

John L. Calcagni III

Criminal Charges:

Woman charged in the Lowell District Court, Chelmsford, Massachusetts, Middlesex County, for:

  • Carrying a Firearm Without a License, in violation of M.G.L. c. 269, § 10 (a)
  • Carrying a Firearm While Intoxicated, in violation of M.G.L. c. 269, § 10 (h)
  • Carrying a Loaded Firearm Without a License, in violation of M.G.L. c. 269, § 10 (n)

Case Overview:

Police were dispatched to a Holiday Inn for the report of a woman walking around the hotel with a firearm. When police located the woman, she began reaching into her bra which prompted police to grab her wrist and place her in custody. Police then reached into the woman’s bra and removed a 9 mm pistol. The officer also observed the woman’s eyes to be red, glossy, and bloodshot and there was an odor of alcohol coming from her person. Police confirmed that the woman did not have a valid Massachusetts License to Carry (“LTC”) prompting her arrest and criminal charges in Lowell District Court for (1) Carrying a Firearm Without a License, (2) Carrying a Firearm While Intoxicated, and (3) Carrying a Loaded Firearm Without a License. The woman retained the Massachusetts Criminal Defense Law Office of John L. Calcagni III, Inc. and his team to represent her in this case.

Case Result: Case Dismissed.

Attorney Calcagni and his team filed a motion to dismiss the case based on a violation of the woman’s Second and Fourteenth Amendment rights to bear arms. Following competing arguments by the parties, the Court granted the motion resulting in the dismissal of the case and all charges.