District Court Instruction 7.630: Improper Storage of a Firearm

Source: Criminal Model Jury Instructions for Use in the District Court
Revised: November 2021
Statute: G.L. c. 140, § 131L

Elements

The Commonwealth must prove three things beyond a reasonable doubt:

• The item in question was a (rifle) (firearm) (shotgun);
• The defendant knowingly kept or stored that (rifle) (firearm) (shotgun); and
• The (rifle) (firearm) (shotgun) was unsecured.

Element 1: Firearm Definition

Standard definitions. Firearm: barrel less than 16 inches. Rifle: rifled bore, barrel 16+ inches. Shotgun: smooth bore, barrel 18+ inches, overall 26+ inches.

Element 2: Knowingly Kept or Stored

A weapon is not kept or stored when it is carried by the defendant or when it is under their immediate control.

"Carried" requires actual physical possession of the firearm. Reyes, 464 Mass. 245, 258 n.19 (2013); Patterson, 79 Mass. App. Ct. 316, 319 (2011).

"Under the control" requires that a person be sufficiently near the firearm to immediately prevent its unauthorized use. If not close enough to immediately prevent unauthorized use, one is not in control of it.

Element 3: Unsecured

A firearm is unsecured when it is accessible to a person not authorized by law. A firearm is properly secured when it is either:
- Stored in a locked container; or
- Has an engaged tamper-resistant mechanical lock or other safety device.

A safety device is properly engaged if it renders the weapon inoperable by any person other than the owner or other lawfully authorized user. Cantelli, 83 Mass. App. Ct. 156 (2013).

Supplemental Instructions

1. Securely Locked Container Container must be capable of being unlocked only by key, combination, or similar means. Jury may consider the nature of the locking mechanism, whether the container was within another locked place, and whether under all circumstances it was secured adequately to deter all but the most persistent person.

2. Vehicle Storage A locked motor vehicle is not itself a secure storage container. However, a locked trunk qualifies. Reyes, 464 Mass. 245, 254-55 (2013). Whether a locked glove box qualifies is a question of fact. Id. at 255.

3. Non-Firing Weapon Standard instruction. Defective weapon no longer a firearm; slight repair preserves status. Colton, 333 Mass. 607, 608 (1956); Bartholomew, 326 Mass. 218, 220 (1950); Raedy, 24 Mass. App. Ct. 648, 652-656 (1987); Rhodes, 21 Mass. App. Ct. 968, 969-970 (1986); Gutierrez, 82 Mass. App. Ct. 1118 (2012) (objective "slight repair" standard).

Notes

Jurisdiction (Note 2): No District Court jurisdiction for § 131L violations involving a large capacity weapon or machine gun, or cases where minors may have access. G.L. c. 140, § 131L(b)-(e).

Antique weapons excluded (Note 3): Statute does not apply to firearms with matchlock, flintlock, percussion cap, or similar ignition manufactured in or prior to 1899, or replicas not designed for rimfire or centerfire ammunition. G.L. c. 140, § 131L(f). Pellet and BB guns are not firearms. Sayers, 438 Mass. 238 (2002).

Conventional firearms (Note 6): Commonwealth not required to prove defendant knew item met the legal definition. Papa, 17 Mass. App. Ct. 987, 988-989 (1984).