Commonwealth v. Bacon

This case raises the issue whether scienter must be alleged in complaints or indictments charg ing unlawful possession of firearms by persons not licensed therefor. Two indictments were returned against the defendant. One charged that he “not having permission under Sections 131 or 131-F” of G. L. c. 140, “did unlawfully carry on his person a certain firearm, to wit: a handgun, from which a bullet could be discharged, the length of the barrel of said firearm being less than sixteen inches.” The other indictment charged that the defendant “not having permission under” G. L. c. 140, § 131, “did…