BOSTON - Bristol County District Attorney Sam Sutter told the state's highest court Monday that his policy of using the dangerousness law in all illegal firearm cases involving a felony is legally valid.

"The statute grew out of the public's concern for greater safety," Sutter told the justices of the state Supreme Judicial Court.

Since taking office two years ago, Sutter has been aggressive at using the dangerousness law to hold defendants in felony gun crimes in jail without bail for up to three months after court hearings.

He has garnered the support of law enforcement in the county and cites police records showing that since he started using the dangerousness law, gun crimes and incidents of violence in Bristol County have decreased.

In answering questions from some of the justices, Sutter said he does not apply the policy to someone who has an unlicensed firearm for a legitimate purpose. Policy use

Sutter said he does use the policy to fight drug dealers or persons charged with felony gun offenses, such as carrying large capacity weapons without a license.

"These individuals are not going to the range. They are not going skeet shooting," Sutter said.

Sutter was assisted by Assistant District Attorney Rachel Eisenhaure, who argued that the overriding issue is whether carrying a loaded firearm without a license by its nature presents a substantial risk that physical force against another will result.

The SJC has been asked to rule in three cases involving defendants in gun cases from Fall River and Taunton. One is appealing a ruling by a single high court justice against him. Sutter is appealing a lower court ruling in the other two cases.

Sutter is the only district attorney in the state to use the dangerous statute as a matter of policy in the state. Other district attorneys use the statute on a case by case basis.

"I think the legislative history supports that these lethal gun crimes are covered by the statute," Sutter argued.

Defense lawyers disagreed.

They argued the statute is vague and requires someone to make an assumption about a person's intent in carrying a gun. They argued that carrying a gun, whether loaded or not loaded, is not inherently dangerous.

Lawyer Willie Davis, representing a man arrested in Taunton with a loaded .357-caliber Magnum handgun, said in court records that the Legislature included what crimes should be included in the statute and specifically chose not to include the mere unlawful possession of a firearm. The SJC did not indicate when it will rule. But Sutter said afterward that the high court could rule in six to eight weeks.

"Obviously, I think my interpretation of the law is correct. I remain optimistic," Sutter said afterward.