Articles Posted in Weapons Crimes

When a routine police call in Boston’s North End leads to the discovery of a rifle, magazines of ammunition, and a defendant who readily admits he has no license to carry, most would assume that a conviction would stand. However, the Massachusetts Appeals Court’s May 2025 decision in Commonwealth v. Ferreira Artur shows how quickly a case can unravel when the Commonwealth’s evidence can’t meet every element of the crime.

The Facts of the Case

Around 4:45 a.m. on November 28, 2021, Boston police officers responded to a radio call in the North End. They found the defendant, Julio C. Ferreira Artur, seated on a sidewalk with a blanket over his shoulders. A blue bicycle and two black trash bags sat within five yards of him, and officers believed he was intoxicated. Shining a flashlight into one bag, an officer spotted what looked like the barrel of a gun. The weapon was secured, and Ferreira Artur was handcuffed and frisked. Inside his jacket pockets officers discovered two magazines containing thirteen rounds of ammunition. Because the defendant spoke only Portuguese, a State Trooper fluent in that language delivered a Miranda warning and conducted a brief interview. According to the Trooper, Ferreira Artur admitted he found the rifle in the trunk of an unlocked white car and that he lacked a license to carry.

In criminal cases, when one side receives an unfavorable ruling, either the defense or the prosecution has the right to appeal to a higher court for reconsideration. While it’s common to see defendants appealing after a conviction, prosecutors can also appeal rulings that favor the defense, such as the suppression of evidence. This means that even if a defendant enjoys a favorable ruling before trial, they shouldn’t assume they’re out of the woods until all potential appeals are exhausted.

A recent Massachusetts case highlights this dynamic, where a defendant successfully challenged the admission of evidence before trial, only to have the prosecution appeal the ruling to the Massachusetts Appeals Court. This case highlights the importance of having a skilled criminal defense attorney who can navigate both trial and appellate proceedings to protect your rights.

The Facts of the Case

Massachusetts lawmakers and prosecutors are working hard to keep up with the evolving legal landscape when it comes to weapons and firearms. A new gun law was recently passed with broad support, addressing the growing problem of ghost guns and 3D-printed guns. These untraceable firearms can be made using commercially available 3D printing equipment and were not adequately regulated under prior laws. Following a series of new rulings by the U.S. Supreme Court, Massachusetts took action, moving swiftly to modernize its gun laws in an effort to protect its residents from these emerging threats.

The reasoning behind the new law is clear: ghost guns and 3D-printed firearms pose a significant public safety risk. These weapons lack serial numbers, making them nearly impossible to trace, which gives criminals an alarming advantage. Lawmakers recognized that the lack of regulation for homemade firearms created a dangerous gap in the system, allowing unregulated and untraceable weapons to flood into communities. The broad support for this legislation reflects a general consensus that stricter measures are necessary to prevent violence and save lives. The law introduces functional changes, such as requiring all firearms manufactured or assembled in Massachusetts to be registered, serialized, and traceable. This not only closes loopholes but also creates a system where the production and distribution of ghost and 3D-printed guns can be monitored and controlled.

These untraceable weapons have proven to be a menace, not only to law enforcement but also to the general public. The ability to create a fully functioning firearm from a digital blueprint with minimal technical skill has led to a surge in the availability of illegal guns. Because these firearms can be assembled outside traditional supply chains, they have become increasingly popular among those who want to bypass background checks or any form of government regulation. This makes it much harder for law enforcement agencies to track gun ownership or prevent violent crimes. The danger of these weapons is not just theoretical—there have been multiple instances where ghost guns have been used in violent crimes, leaving law enforcement with no way to trace the origins of the weapons.

In recent years, the United States Supreme Court has expanded the protections of the Second Amendment, which guarantees the right to bear arms. Traditionally, this amendment was most often associated with firearms, but these protections have extended beyond guns. In a significant development, the Massachusetts Supreme Judicial Court recently addressed a case that challenged a long-standing law prohibiting the possession of switchblade knives. This case highlights how the interpretation of the Second Amendment continues to evolve, potentially affecting how Massachusetts law views other weapons.

The case began when a man was arrested following an altercation with his girlfriend in Boston. Police were called to the scene and, during a search incident to arrest, discovered a switchblade knife on the defendant. Under Massachusetts law, possession of such a knife was illegal, and he was charged with carrying a dangerous weapon. However, rather than simply accepting the charge, the defendant decided to challenge the constitutionality of the law itself. His legal team argued that the law banning switchblades violated his Second Amendment rights, especially in light of recent Supreme Court rulings.

The argument hinged on whether a switchblade knife could be considered an “arm” protected under the Second Amendment. While the common understanding of the Second Amendment has long focused on firearms, recent rulings by the Supreme Court have broadened this definition to include other bearable arms, emphasizing the inherent right of self-defense. The defendant’s position was that switchblades, which are a type of folding knife, have been used historically for lawful purposes, including self-defense, and should be included within the scope of the Second Amendment.

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