Ibanez v. Dolan

MEMORANDUM AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS

STEARNS, District Judge.

The Petition, as originally filed by Henry Ibanez on July 16, 2013, challenged on Second Amendment grounds the requirement of Mass. Gen. Laws, ch. 278, § 7, that a person charged with the illegal possession of a firearm produce “some evidence” at trial that he is licensed to do so, or suffer an adverse inference to the contrary. See Commonwealth v. Jones, 372 Mass. 403, 409, 361 N.E.2d 1308 (1977); Commonwealth v. Powell, 459 Mass. 572, 582, 946 N.E.2d 114 (2011). Ibanez argued that the section 7 presumption…