Commonwealth v. GuardadoAnnotate this Case
The Supreme Judicial Court vacated a portion of its prior order remanding this case to the superior court for entry of judgments of not guilty on indictments charging unlawful possession of a firearm, unlawful possession of ammunition, and unlawful possession of a loaded firearm, holding that this Court erred.
Defendant was convicted of, inter alia, firearms-related convictions. The Supreme Judicial Court vacated Defendant's convictions and ordered that the superior court judge enter judgments of not guilty on the indictments, holding that, in light of the United States Supreme Court's decision in New York Stat Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111, 2122 (2022), which was entered after Defendant's convictions, the trial court judge erred when he failed to instruct the jury that Defendant lacked of a firearms license. The Court then granted the Commonwealth's motion for reconsideration, vacated the relevant portion of its prior order, and remanded the case for a retrial on those indictments, holding that because the constitutional rule established in Bruen did not exist at the time Defendant was convicted, the Commonwealth should have an opportunity to retry Defendant.