Commonwealth Dismisses Major Charges in Commonwealth v. Lacus

Gun Owners' Action League (GOAL) welcomes the Commonwealth's decision to dismiss the six charges against Mr. Lacus alleging failures to serialize or register firearms. These dismissals follow the Commonwealth's earlier decision to abandon the assault-style firearm charges. While one charge related to improper firearm storage remains pending, the Commonwealth has now retreated from the overwhelming majority of the allegations that originally formed the basis of this prosecution.

From the beginning, GOAL recognized that Commonwealth v. Lacus was about far more than one individual. The case highlights the confusion and uncertainty created by Massachusetts' increasingly convoluted firearm laws and regulations compounded by Chapter 135 of the Acts of 2024. Recognizing the broader implications for every firearm owner in the Commonwealth, GOAL committed resources to supporting Mr. Lacus's legal defense. Defending the rights of one gun owner helps protect the rights of all gun owners, and GOAL will continue to stand with members whose constitutional rights are placed at risk.


The Commonwealth's repeated decision to abandon major charges raises serious questions. It suggests an unwillingness to fully defend some of the very laws and enforcement theories it has promoted. GOAL believes this reflects a recognition that the Commonwealth’s gun laws may not withstand meaningful constitutional scrutiny. Rather than risk creating judicial precedent that could limit future enforcement, prosecutors have instead chosen to retreat from these charges.


GOAL remains deeply concerned that Chapter 135 and other recent firearm restrictions will continue to expose law-abiding citizens to unnecessary criminal investigations and prosecutions. The Second Amendment is not a second-class right, and Massachusetts cannot insulate unconstitutional laws from judicial review simply by abandoning cases when those laws are challenged.


“GOAL was more than willing to get into this fight,” said Jim Wallace Executive Director of GOAL. “What we have witnessed since the passage of Chapter 135 is an aggressive posture by prosecutors. That is until a legal challenger with some weight behind them appears, then they don’t want the embarrassment of trying to defend the State’s unconstitutional actions.”


While this case is not yet completely resolved, the dismissal of nearly all of the Commonwealth's charges is an encouraging development and reinforces why GOAL will continue fighting against unconstitutional laws, regulatory overreach, and politically motivated attacks on the rights of responsible firearm owners. Attorney Dan Hagan’s exceptional legal work and GOAL’s advocacy are working and prosecutors and law enforcement are seeing how wasteful their pursuit of these unconstitutional laws are in the face of real challenge.


"The Commonwealth sought to brand a 23-year-old man with no criminal record a felon and even asked for a $25,000 cash bail at his arraignment. Once we applied pressure to the case, the Commonwealth folded like a lawn chair. The reality is Massachusetts expects ordinary citizens to navigate an impossibly complex web of firearm laws under the threat of felony prosecution, while the very agencies charged with enforcing those laws often don't understand them themselves, and face no consequences when they get it wrong,” said Attorney Dan Hagan. “The outcome in this case is a direct result of GOAL's relentless advocacy and its commitment to educating prosecutors, law enforcement, and the public about the true scope and unconstitutional nature of these laws. We're beginning to see prosecutors recognize that dedicating scarce public resources to pursuing legally questionable firearm prosecutions is neither prudent nor in the interest of justice."

 

GOAL will continue to defend the civil rights of Massachusetts gun owners in the Legislature, the courtroom, and in the court of public opinion.