BOSTON (AP) – A Boston man has been granted a new trial on gun charges because the weapon he was found carrying was made before 1900.

Liquarry Jefferson and another man were convicted in 2009 of carrying a firearm without a license and possession of a loaded firearm.

Jefferson’s 8-year-old son, also named Liquarry Jefferson, was killed in 2007 when a different handgun he and a 7-year-old cousin were playing with accidentally discharged. Jefferson didn’t live with his son and wasn’t involved.

Last week, the Supreme Judicial Court reversed the 2009 convictions and sent the case back to Boston Municipal Court for a new trial. The court found that the judge should have allowed the men to use a defense that the gun was made before 1900 and therefore could be lawfully possessed without a license to carry.

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