Firearms Offenses

Firearms statutes are numerous and often lengthy in detail. Massachusetts is particularly conservative when it comes to firearms laws. Many of these offenses carry a mandatory minimum sentence regardless of whether someone has no criminal history. Often times, someone from out of state will bring their firearm to Massachusetts without familiarizing themselves with the laws here, and can find themselves in a lot of trouble. Not knowing the law is not a defense. Unfortunately, a judge is bound by mandatory minimum sentences unless a prosecutor moves to reduce the charges. If any of the enumerated charges below are subsequent offense, then the accused faces enhanced penalties under the Armed Career Criminal Act. These penalties carry minimum sentences of fifteen years in prison. Below are some of the more frequently seen firearms offenses:

Illegal Carrying

Massachusetts General Laws Chapter 269 Section 10 makes it illegal to knowingly possess a loaded or unloaded firearm if you are not present in your own residence or place of business or you do not have the required firearm license;

The law also makes it illegal to carry dangerous weapons, such as daggers, ballistic knives, blowguns, stilettos, klackers, and kung fu sticks.

Machine guns, fully automatic firearms and sawed off shotguns are also illegal.

If you are found in possession of an unlicensed weapon, carry your weapon outside of your home or place of business without the license to do so, or possess a dangerous weapon, you will be sentenced to there is a mandatory minimum sentence of eighteen months in prison. If you are found in possession of a machine gun or sawed off shotgun, you could be sentenced to LIFE imprisonment.

Improper Storage of a Firearm

Firearms must be properly stored so that no unauthorized person may access it. This includes keeping the firearm in a safe or equipped with a trigger lock. If a firearm is not under the immediate control of its owner, it must be properly stored. The owner faces up to one and a half years in prison and a seven thousand five hundred dollar fine for a violation of this statute. The punishment for this offense is up to twelve years in prison if the firearm is a large capacity device.

Possession of an Unlicensed Weapon at Home or Work

M.G.L. Chapter 269 Section 10(h)(1) makes it illegal to possess a firearm, rifle, or shotgun without a license or permit even if you possess it merely in your home or place of business. The maximum sentence is two years in prison.

Carrying a Shotgun or Rifle on a Public Way

Carrying a shotgun or rifle on a public way carries up to two years in prison if the firearm is loaded. A public way is defined as a street, sidewalk, or other public ground.

Large Capacity Feeding Device

Possession of a “large capacity” feeding device carries a minimum sentence of one year in prison and a maximum of ten years. The term “large capacity” refers to any magazine that can hold more than ten rounds of ammunition.

Possession of a Firearm in Commission of a Felony

. M.G.L. Chapter 265 Section 18B sets forth the crime of possessing a firearm while committing a felony. Possession of a firearm while committing a felony carries a mandatory minimum sentence of 5 years in prison. If the weapon had a large capacity feeding device, there is a minimum sentence of ten years in prison. This is separate from any penalty or conviction for the commission of the felony itself.

Carrying a Loaded Firearm While Under the Influence of Drugs or Alcohol

In Massachusetts, you cannot carry a loaded firearm while under the influence of drugs or alcohol, whether you have a valid license to carry or not. The maximum sentence is two and one half years in prison and a potential fine of five-thousand dollars. M.G.L. Chapter 269 Section 10H

Illegal Discharging of Weapons

Under Massachusetts General Laws Chapter 269 Section 12F, it is illegal to discharge a firearm within 500 ft. of a dwelling without the owner’s permission. You could face 3 months imprisonment for a conviction of illegal discharge of weapons and fines.

In many cases involving firearms offenses, a skilled attorney is needed to identify potential suppression issues regarding how the firearm was recovered by the police. There are also issues regarding “possession” and whether the accused actually was in possession of the firearm, as opposed to near it or in the same vehicle or household where the gun was recovered. It is also now the burden of the government to show that someone does not possess a valid license to carry a gun, whereas in the past, the accused would need to provide proof of a valid license as an affirmative defense at trial.

To sustain a conviction under any of these statues, the government must also prove that the gun is in fact an operable “firearm.” It must be tested to show that it can discharge a bullet. There are some instances where this is not the case, and as a result the charges must be dropped.