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Appeals argument in gun-possession appeal centers on certified records and whether defendant must know licensing rule
Summary
At oral argument the Appeals Court weighed whether a district-court docket admitted at trial met attestation requirements and whether the word "knowingly" in the firearm-possession statute extends to the licensing element, potentially requiring proof a defendant knew a license was required.
The Massachusetts Appeals Court on April 3 heard argument in the appeal of Jose Shawraising two separate but related questions: whether a district-court docket copy admitted at trial was properly attested, and whether the statutory mens rea word "knowingly" applies to the licensing element of the firearm-possession statute, G.L. c. 140, (10A).
Defense counsel Haley Jacobson argued the documentary record should not have been admitted because the copy lacked the required attestation: "Neither the seal nor the signature certify that the signer compared the copy with the original," Jacobson told the panel, citing Duramo/Dorama and Blacks Law for the proposition that an…
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