Commonwealth v. Cory M. Rufo., 24-P-0229

Cory M. Rufo was convicted in District Court of improper storage of a firearm under G.L. c. 140, § 131L, following a jury trial.
The evidence at trial showed the firearm was on a kitchen table, inside a nylon holster, and visible to the defendant's son and girlfriend.
The holster covered most of the firearm, including the trigger, but there was no evidence as to whether a tamper-resistant lock or safety device was engaged.
The Commonwealth conceded on appeal that the evidence was legally insufficient to prove the firearm was unsecured as required by statute.
The Appeals Court independently reviewed the record and agreed with the concession, noting no sufficient evidence was introduced showing improper storage under the statutory definition.
Other charges against Rufo (assault, stalking, intimidation, reckless endangerment, animal cruelty) resulted in not guilty findings, acquittals, or dismissal at various stages.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence on improper storage	Firearm was not properly secured; evidence sufficient for conviction	Evidence failed to show gun was unsecured (no evidence of absence of safety device)	Evidence insufficient for conviction; judgment for defendant

Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) (sets the standard for reviewing sufficiency of evidence in criminal cases)
Commonwealth v. Lao, 443 Mass. 770 (Mass. 2005) (addresses role of jury in weighing conflicting inferences and credibility of evidence)
Commonwealth v. Nelson, 370 Mass. 192 (Mass. 1976) (evidence need not compel inference but must permit it)