Possession of a Firearm and Ammunition Without an FID Card (Subsequent Offense): Dismissed

Police charged a Taunton Man with unlicensed possession of both a firearm and ammunition. A confidential informant (CI) told police the man was selling cocaine from his Taunton residence. Police then used the CI to conduct multiple controlled drug purchases from the man and applied for a search warrant for the home based upon the purchases. Inside the home, police located 46 rounds of .32 caliber ammunition, a .32 caliber semi-automatic handgun, and large capacity .45 caliber feeding devices or magazines, but no drugs. A search of the man’s criminal history revealed a prior conviction for possessing a firearm without a permit. As a result, police charged him this time with a subsequent offense for possessing both a firearm and ammunition without a license or FID card. Following the man’s arrest, his wife retained Massachusetts Firearms Criminal Defense Lawyer, John L. Calcagni III, to defend him. Attorney Calcagni and his team first secured the man’s release on bail, over the prosecution’s objection. They then filed a motion to suppress, which the Court denied. This prompted Attorney Calcagni to prepare for and proceed to trial where the defense would be lack of constructive possession. Because the man was not inside the apartment when police executed the warrant, the Commonwealth would have difficulty proving beyond a reasonable doubt that the man had both knowledge of these items and the ability to exercise dominion and control over them. Further, the gun and ammunition revealed no fingerprint or DNA evidence linking back to the man. Given Attorney Calcagni’s reputation as an aggressive trial attorney, the prosecution dismissed the case on the morning of trial.