District Court Instruction 7.635: Failure to Surrender Revoked/Suspended LTC or FID Card, or Firearms

MassFLC › Jury Instruction

This is not law. It records what the body named below published, on the date shown. Commentary, guidance and model instructions may be persuasive, but none of them carries the force of law, and none is a statement of what the law requires.

This document cites § 131 as it stood before October 2, 2024. St. 2024, c. 135, § 49 struck out § 131 and inserted a new one. The suitability standard now sits at G.L. c. 140, § 121F(k) and judicial review of denials, suspensions and revocations at § 121F(v). The text below is reproduced as published and has not been altered; the citations in it point at a version of the statute that is no longer in force.

Source: Criminal Model Jury Instructions for Use in the District Court
Issued: September 2022
Statute: G.L. c. 269, § 10(i)

Elements

The Commonwealth must prove five things beyond a reasonable doubt:

The defendant had a (license to carry firearms) (firearm identification card);
The defendant's (LTC) (FID) had been (revoked) (suspended);
The defendant knew their (LTC) (FID) had been (revoked) (suspended);
The defendant had been directed to deliver or surrender the (LTC) (FID) (firearm(s)) (rifle(s)) (shotgun(s)) (machine gun(s)); and
The defendant failed or refused to deliver or surrender without delay to the police department where they lived or worked.

Element 1: License or Card Issued

Commonwealth must prove a license to carry or FID had been issued to the defendant by a local or state police chief or licensing authority.

Element 2: Revocation or Suspension

Commonwealth must prove the (LTC) (FID) had been revoked or suspended by the licensing authority.

Element 3: Knowledge of Revocation/Suspension

Commonwealth must prove beyond a reasonable doubt that the defendant knew of the revocation or suspension, either by receiving a copy of the notice or learning of it in some other way.

Element 4: Directive to Surrender

Commonwealth must prove the defendant received notice of the directive to deliver or surrender, either in writing or by having learned of it in some other way.

Element 5: Failure to Surrender Without Delay

Commonwealth must prove defendant failed or refused to deliver or surrender without delay. If evidence of delayed surrender, Commonwealth must prove the delay was unreasonable. Jury should consider surrounding circumstances.

G.L. c. 140, § 129D ("the person whose application was so revoked, suspended or denied shall without delay deliver or surrender all firearms, rifles, shotguns and machine guns . . . which the person then possesses"). See also G.L. c. 140, § 131(f).

Weapon Definitions

Firearm: Stun gun, pistol, revolver or other weapon, barrel less than 16 inches.
Rifle: Rifled bore, barrel 16+ inches.
Shotgun: Smooth bore, barrel 18+ inches, overall 26+ inches.
Machine gun: Weapon from which shots may be rapidly or automatically discharged by one continuous activation of the trigger, including submachine guns and weapons with bump stocks or trigger cranks.

Notes

Appeals exception (Note 1): If the affirmative defense of a pending appeal is raised and supported by evidence, Commonwealth has the burden of disproving it beyond a reasonable doubt. Kang, 91 Mass. App. Ct. 182, 184-185 (2017); Adams, 482 Mass. 514, 532-534 (2019) (surrender of firearms and appeal process).

Temporary licenses: The term "temporary license to carry firearms" or "firearm identification card receipt" may be substituted throughout when it is the item not surrendered. G.L. c. 269, § 10(i).