Commonwealth v. Cassidy

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The Supreme Judicial Court affirmed Defendant’s convictions of possession of a large capacity firearm and large capacity feeding devices. On appeal, Defendant argued that his convictions should be overturned because the Commonwealth failed to prove that Defendant knew the firearm and feeding devices he possessed qualified as “large capacity” - that they were capable of holding more than ten rounds of ammunition. The Court held that to sustain a conviction of possession of large capacity feeding devices, the Commonwealth must prove that the defendant either knew the firearm or feeding device met the legal definition of "large capacity" or knew it was capable of holding more than ten rounds of ammunition. In this case, the judge adequately instructed the jury on the elements necessary to sustain the conviction, and a reasonable jury could have inferred that Defendant knew that the nine millimeter pistol and magazines Defendant possessed were capable of holding more than ten rounds of ammunition. Lastly, Defendant failed to show a violation of his rights under the Second Amendment to the United States Constitution or article 17 of the Massachusetts Declaration of Rights. View "Commonwealth v. Cassidy" on Justia Law