Commonwealth v. Brown

To sustain a conviction of unlawful possession of a loaded firearm under Mass. Gen. Laws ch. 269, 10(n) the Commonwealth must prove that a defendant knew the firearm he or she possessed was loaded.Defendant was convicted of unlawful possession of a firearm and unlawful possession of a loaded firearm. The Appeals Court vacated Defendant’s conviction for possession of a loaded firearm, concluding that the Commonwealth was required to, but did not, prove Defendant’s knowledge that the firearm was loaded. The Supreme Judicial Court agreed with the Appeals Court, holding (1) the Commonwealth presented no evidence that could allow a rational trier of fact to find beyond a reasonable doubt that Defendant knew the firearm was loaded, and therefore, Defendant’s conviction for possession of a loaded firearm without a license could not stand; and (2) the Commonwealth’s closing argument did not create a substantial risk of a miscarriage of justice, and therefore, Defendant’s conviction for possession of a firearm without a license was not erroneous. View "Commonwealth v. Brown" on Justia Law