Commonwealth v. Nieves

Victor Nieves was found guilty by a jury of six of knowingly having in his possession or under his control in a vehicle a firearm without a license, in violation of G. L. c. 269, § 10(a). On appeal, Nieves argues — we think persuasively — that the trial judge erred in denying his motion for a required finding of not guilty on the ground that the evidence was insufficient to enable the jury to find beyond a reasonable doubt that the gun was a working firearm, capable of discharging a bullet. Accordingly, we reverse the judgment.

“To constitute a ‘firearm’ within the meaning of G. L. c. 140, §…