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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 CourtListener

Cited by

60 cases in this archive cite this case; the 20 most cited are listed.

Other cases with this name

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.