COMMONWEALTH v. RUNYAN

SJC-10480.

456 Mass. 230 (2010)

COMMONWEALTH v. RICHARD RUNYAN.

Supreme Judicial Court of Massachusetts, Middlesex.

March 10, 2010.


Attorney(s) appearing for the Case

Loretta M. Lillios, Assistant District Attorney (KerryAnne Kilcoyne, Assistant District Attorney, with her) for the Commonwealth.

Brenden J. McMahon & Edward F. George, Jr., for the defendant.

The following submitted briefs for amici curiae:

Jonathan E. Lowy & Daniel R. Vice, of the District of Columbia, & Scott Harshbarger, Bernard D. Gold, Gil N. Peles, Clifford Davidson, & Jennifer L. Roche for Brady Center to Prevent Gun Violence & others.

Daniel F. Conley, District Attorney, & David A. Deakin & Joseph M. Ditkoff, Assistant District Attorneys, for District Attorney for the Suffolk District.

Martha Coakley, Attorney General, & James J. Arguin & Pamela L. Hunt, Assistant Attorneys General, for Attorney General & others.

Edward F. George, Jr., for Second Amendment Foundation, Inc., & another.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


GANTS, J.

The defendant was charged in the Lowell Division of the District Court Department with storing or keeping a firearm that was not "secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner of other lawfully authorized user," in violation of G. L. c. 140, § 131L (a). On October 15, 2008, a judge dismissed the...

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