PROSECUTOR AGREES NOT TO INDICT LACUS DUE TO PRESSURE FROM GOAL & 2A COMMUNITY
In April, GOAL agreed to fund the defense of a 23-year-old License To Carry holder against a myriad of firearms charges. In late March, Samuel Lacus was served with an abuse prevention order, which was quickly dropped by the petitioner, and was informed that he was to surrender his firearms and LTC to the police. Because police departments in the Commonwealth have not been properly trained on the new firearms laws created under Chapter 135, they wrongfully charged Mr. Lacus with 6 felony counts of untraceable firearms and 5 felony counts of possession of “assault style firearms”. For more background in the case check out: https://goal.org/lacus.
“We are nearly two years after the passage of one of the worst attacks on the Second Amendment in United State history and we have still not seen an effort by the state to educate law enforcement, prosecutors or the judiciary,” said Jim Wallace, Executive Director of Gun Owners’ Action League. “This abdication of the Commonwealth’s responsibility is putting lawful citizens in unnecessary legal jeopardy and ruining lives.”
Attorney Dan Hagan agreed to represent Mr. Lacus in court and on this past Friday, June 5th, following discussions with the Hampden County District Attorney’s Office, prosecutors exercised their discretion and declined to seek an indictment, and dismissed all of the “assault style firearms” charges due to Attorney Hagan’s arguments that they were improper. This is because the grandfathering clauses in Chapter 135 bring ownership dates into question and the police report uses terms that do not appear in the law.
“This is a great day for Mr. Lacus, but it is also a great day for GOAL, its members, and the Massachusetts firearms community as a whole. GOAL’s advocacy and education efforts are making a real difference. I am sure that law enforcement and prosecutors are listening and it is beginning to be reflected in their charging decisions,” said GOAL Board Member and Attorney Dan Hagan. “GOAL fights on every front: legislative, legal, and educational. Today’s result is proof that a strong organization, backed by engaged members, can move the needle. Even in a state as hostile to gun rights as Massachusetts.”
This decision by the prosecution helps show that, although the landscape has changed drastically since Chapter 135 passed, it is still necessary for prosecutors to be intelligent about their charging decisions. Where we had been seeing reckless prosecutions of innocent gun owners who had become victims of uneducated law enforcement and a vindictive judiciary, we are now starting to see somewhat of a pullback. This is due to the efforts of the firearms community and good attorneys pushing back with education efforts and fierce litigation.
Although this is great news, the “untraceable” firearms charges and an improper storage charge against Mr. Lacus are still in play. Hopefully we can ensure that those charges are dropped as well through ensuring prosecutors that they are frivolous as well.