Commonwealth v. Lojko

Following a jury-waived trial in District Court, the defendant was convicted of improper storage of a firearm in violation of G. L. c. 140, § 131L(a) (statute). Because we conclude that the judge erred as matter of law in construing the requirements of the statute, we reverse.1

*83Facts. We summarize the facts in the light most favorable to the Commonwealth.2 See Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). On February 20, 2008, Hyannis police Officer Eugene Desruisseaux was dispatched to the defendant’s residence as a result of a report that the defendant was suicidal and was…