Commonwealth v. Diaz

The defendant was convicted of unlawfully carrying a firearm under his control in a vehicle in violation of G. L. c. 269, § 10(a), and of setting up or promoting a lottery in violation of G. L. c. 271, § 7, following a trial in the jury of six session of a District Court. The defendant appeals from his firearms conviction only, alleging the following errors of law: (1) the denial of his motion for a required finding of not guilty; (2) the application of G. L. c. 269, § 10(a), requiring the “carrying” of a firearm, in a situation in which the defendant was not driving the car in which the gun…