Marc Salinas secured the dismissal of a criminal firearms charge brought against a client who held a valid Massachusetts License to Carry firearms.
The client’s quiet evening took an unexpected turn when he received a call from the police: his daughter had been placed in protective custody after becoming intoxicated and needed a ride home. The client drove to the police station to meet his daughter and officers in the parking lot. As he stepped out of his car, officers observed loose ammunition on the floor and an empty gun case on the seat. A subsequent search of the vehicle uncovered a .45 caliber handgun tucked in the driver’s seat. Despite the client’s valid License to Carry, the police charged him with improper storage of a firearm.
Marc filed a motion to dismiss the charge, arguing that a firearm is not improperly stored when it remains under the direct control of a properly licensed individual. The court agreed with that argument, and the charge was dismissed.