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Appeals court weighs whether showing firearm in doorway can support assault charge
Summary
A defendant who stepped to his doorway and armed himself after being served papers was tried for assault with a dangerous weapon; on appeal the court heard arguments about probable cause, the scope of Second Amendment protection in a home confrontation and whether jurors should be instructed about a constitutional right to possess firearms.
In Commonwealth v. Howard (Docket 24-P-1128) counsel for the defendant appealed a conviction for assault by means of a dangerous weapon after an encounter between the defendant and a constable who had come to serve court papers.
Defense counsel urged the panel that the defendant was standing in the doorway of his own home and had a constitutional right to possess a firearm within the home. He argued that possession at the doorway — with no words constituting a threat and with the gun not pointed at anyone — did not establish the intent to intimidate necessary for assault. "He has a right to possess a firearm in his own home," defense counsel told the panel,…
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