No. 20-1122

Edward B. Fleury v. Massachusetts

Lower Court: Massachusetts
Docketed: 2021-02-16
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 2nd-amendment 5th-amendment criminal-procedure double-jeopardy due-process law-enforcement second-amendment statutory-interpretation vagueness
Latest Conference: 2021-04-16
Question Presented (from Petition)

1. Whether Massachusetts gun storage law M.G.L. c. 140, § 131L, providing enhanced penalties for different types of firearms, is unconstitutionally vague on its face and in violation of the Second, Fifth and Fourteenth Amendments of the United States Constitution as a result of a failure to properly define the term "large capacity weapon."

2. Whether the unit of prosecution for improper storage of firearm under M.G.L. c. 140, § 131L is ambiguous, thereby subjecting defendants to double jeopardy in violation of the Fifth and Fourteenth Amendments of the United States Constitution.

Question Presented (AI Summary)

Whether Massachusetts gun storage law M.G.L. c. 140, § 131L is unconstitutionally vague and violates the Second, Fifth and Fourteenth Amendments

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2020-11-02
Petition for a writ of certiorari filed. (Response due March 18, 2021)

Attorneys

Commonwealth of Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Edward Fleury
Thomas Edward RobinsonTom Robinson Attorney at Law PC, Petitioner