Com. v. Landry
| Decision Date | 31 May 1978 |
| Citation | 376 N.E.2d 1243,6 Mass.App.Ct. 404 |
| Parties | COMMONWEALTH v. James LANDRY. |
| Court | Appeals Court of Massachusetts |
Joseph Stashio, Natick, for defendant.
Christine M. McEvoy, Asst. Dist. Atty., for the Commonwealth.
Before KEVILLE, GOODMAN and BROWN, JJ.
The defendant was convicted by a jury of carrying a revolver in violation of G.L. c. 269, § 10(a ). His appeal under G.L. c. 278, § 28, brings us only "matter(s) of law apparent upon the record." The "record" as used in that statute does not include the "Agreed Statement of Facts and Case" filed after the defendant's conviction. "The word 'record' . . . refers to something already existing when the appeal is taken." Harrington v. Anderson, 316 Mass. 187, 191, 55 N.E.2d 30, 33 (1944), cited in Commonwealth v. Berney, 353 Mass. 571, 572, 233 N.E.2d 739 (1968). Such an appeal does not bring up the evidence for review. Guerin v. Commonwealth, 337 Mass. 264, 266, 149 N.E.2d 220 (1958). A summary of the evidence, though agreed to by the parties, stands no better; the proper vehicle for such a summary is a bill of exceptions. However, since the pertinent facts have been stipulated and the stipulation has been approved by the judge, we deem it appropriate to discuss the substance of the defendant's appeal, as both parties have done. Commonwealth v. Berney, supra.
The sole contention of the defendant, a Connecticut resident, is that his conviction must be reversed because he had a valid firearm identification card issued to him on or about October 18, 1971, pursuant to G.L. c. 140, § 129B, by the police department of Malden, Massachusetts. The circumstances of its issuance do not appear, but the Commonwealth agrees that it was still in effect on July 29, 1976, the date of the offense charged. The defendant's contention is without merit.
The defendant concedes that he did not have a license to carry a firearm issued pursuant to G.L. c. 140, § 131, or a temporary license issued to "a non-resident," pursuant to G.L. c. 140, § 131F. He therefore does not come within either of the exceptions provided in G.L. c. 269, §§ 10(a )(1) and (2). He argues, however, that his firearm identification card brings him within the exception provided in G.L. c. 269, § 10(a )(3), as appearing in St.1975, c. 113, § 2, since it puts him in "compl(iance) with the provisions of section one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty" (emphasis supplied). He concedes that he is not within the provisions of G.L. c. 140, § 131G, as appearing in St.1965, c. 86, which allows a nonresident under certain conditions to "carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition . . . or for the purpose of hunting." But he argues that "and" in G.L. c. 269, § 10(a )(3), should be read as "or" so that compliance with G.L. c. 140, § 129C or § 131G, is sufficient to permit him to carry a firearm. But a firearm identification card obtained in compliance with G.L. c. 140, § 129C, as appearing in St.1973, c. 892, § 3, authorizes the holder to "own or possess" a firearm (see Commonwealth v. Bond, --- Mass. ---, --- - --- a, 375 N.E.2d 1214); it does not authorize him to "carr(y) on his person or under his control in a vehicle, a firearm." G.L. c. 269, § 10(a ). General Laws c. 140, § 129C (sixth par.), though perhaps somewhat inartistically drawn, indicates the same intent. It is only when compliance with the provisions of G.L. c. 140, § 129C, which "bring into play . . . 'exempted persons and uses' " (Commonwealth v. Jones, --- Mass. ---, --- b, 361 N.E.2d 1308, 1310 (1977)), is qualified by the narrow scope and purposes of G.L. c. 140, § 131F of which the defendant cannot avail himself that an exemption occurs.
On the defendant's argument a firearm identification card would, in all cases, be sufficient to permit a person to carry a handgun without obtaining a license under G.L. c. 140, § 131, although it seems obvious that the Legislature intended to condition...
To continue reading
Request your trial
-
U.S. v. Caron, Criminal No. 94-10040-WGY.
...1991) (emphasis supplied). Firearm identification cards by themselves may be obtained as "matter of right." Commonwealth v. Landry, 6 Mass.App.Ct. 404, 406, 376 N.E.2d 1243 (1978). A valid firearm identification card, without any other documentation, allows the holder lawfully to own or pos......
-
Com. v. Lee
...377 Mass. at --- - --- e, 386 N.E.2d 1036 (1979). Commonwealth v. Fleurant, 2 Mass.App. 250, 256-257, 311 N.E.2d 86 (1974); Commonwealth v. Landry, 6 Mass.App. --- f, 376 N.E.2d 1243 We cannot regard the error as harmless. The evidence presented to the jury put before them the conjunctive c......
-
Caron v. U.S.
...identification card five years after his release from prison. See Mass. Gen.Stat. §140:129B; see also Commonwealth v. Landry, 6 Mass.App. 404, 406 376 N.E.2d 1243, 1245, (1978) (firearm identification card can be obtained as a "matter of right''). ...
-
Com. v. Walker
...identification card. That card allowed him to possess a firearm but not to carry one. G.L. c. 140, § 129C. Commonwealth v. Landry, 6 Mass.App. 404, 405-406, 376 N.E.2d 1243 (1978). His card gave Walker's address as 21 Algonquin Street; he was arrested with a firearm at 22 or 24 Algonquin St......