Massachusetts Supreme Judicial Court· 4/28/2011
Commonwealth v. Powell
Citations
- 459 Mass. 572
- 946 N.E.2d 114
- 2011 Mass. LEXIS 249
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the Supreme Court “only went so far as to say that the Second Amendment right to keep and bear arms was infringed on when legislation effectuated a total ban of handgun possession, or prevented the use of an operable firearm, in the home”
- police were effecting arrest where they pursued defendant, defendant pulled his weapon, and police pulled their weapons, pointed them at defendant, and told defendant to “[d]rap it”
- “An FID card allows the holder to own or possess a firearm within the holder’s residence or place of business, but not to carry it to or in any other place.”
- “An FID card allows the holder to own or possess a firearm within the holder’s residence or place of business, but not to carry it to or in any other place.”
- no seizure where officers began following defendant, but “had not exercised any show of authority,” had not “commanded the defendant to stop,” and “had not blocked or impeded the defendant’s path”
- where the defendant’s trial occurred in January of 2009 before the delivery of the McDonald decision in June of 2010, the defendant’s failure to raise his Second Amendment claim at trial did not preclude his assertion of it on appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Ireland, Spina, Cowin, Cordy, Botsford, Gants
Read full opinion on CourtListenerCited by
60 cases in this archive cite this case; the 20 most cited are listed.
- Commonwealth v. Jones-PannellMassachusetts Supreme Judicial Court· 2015-08-14· cited 141×
- People v. LacalloColorado Court of Appeals· 2014-06-19· cited 117×
- Commonwealth v. GouseMassachusetts Supreme Judicial Court· 2012-04-10· cited 70×
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court· 2011-12-02· cited 69×
- Hightower v. City of BostonFirst Circuit· 2012-08-30· cited 65×
- Commonwealth v. CollinsMassachusetts Supreme Judicial Court· 2014-12-17· cited 53×
- Powell v. TompkinsFirst Circuit· 2015-04-15· cited 41×
- Commonwealth v. JoynerMassachusetts Supreme Judicial Court· 2014-02-14· cited 36×
- Commonwealth v. LoadholtMassachusetts Supreme Judicial Court· 2011-10-11· cited 34×
- Commonwealth v. NorrisMassachusetts Supreme Judicial Court· 2012-05-04· cited 31×
- Commonwealth v. JeffersonMassachusetts Supreme Judicial Court· 2012-04-11· cited 29×
- Chardin v. Police CommissionerMassachusetts Supreme Judicial Court· 2013-06-04· cited 27×
- Commonwealth v. CarterMassachusetts Supreme Judicial Court· 2016-09-19· cited 26×
- Commonwealth v. AllenMassachusetts Supreme Judicial Court· 2016-04-20· cited 25×
- Powell v. TompkinsD. Massachusetts· 2013-02-28· cited 24×
- Commonwealth v. CassidyMassachusetts Supreme Judicial Court· 2018-05-14· cited 22×
- Commonwealth v. HumphriesMassachusetts Supreme Judicial Court· 2013-07-12· cited 21×
- Lunn v. CommonwealthMassachusetts Supreme Judicial Court· 2017-07-24· cited 20×
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court· 2019-03-29· cited 13×
- Commonwealth v. McGowanMassachusetts Supreme Judicial Court· 2013-01-29· cited 13×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.