The right to bear arms is a constitutionally protected by the 2nd amendment, but that right is not absolute. The states have the power to regulate the ownership and use of deadly weapons, most notably guns. In Massachusetts, gun possession, use, and ownership is heavily regulated and strictly enforced. Most firearms offenses carry mandatory minimum
jail sentences, even for someone who has no prior record. For this reason, firearms cases must be taken VERY seriously. Every avenue to vigorously fight the charges must be explored in order to avoid a jail or prison sentence.
Massachusetts firearms offenses bring about many important legal issues. In order to legally own, or possess, a firearm in Massachusetts, you must have a valid Firearms license (or "FID" card). The application process for such a license is quite extensive, and is governed by MGL c. 140 s. 131
. If you are charged with carrying a firearm, loaded or unloaded, without being properly licensed, then under MGL c. 269 s. 10
you face a mandatory minimum 18 months in jail, up to 5 years in state prison. However, police very often mischarge this crime. If you are in your home or place of business at the time you are in possession of a firearm, you cannot be charged under this particular statute. Possession is also a necessary element to be convicted under this particular statute- if you are not carrying the weapon, or if the prosecution cannot prove that you had control over the firearm or knew it was present, then you cannot be found guilty. If the "firearm" you are charged with possessing does not fall within the definitions under MGL c. 140 s. 121
, you cannot be convicted under this particular statute.
Even if you are caught red-handed, in possession of a statutorily prohibited firearm, we will take every opportunity to analyze the circumstances of the police investigation and how they came to found you in possession of the weapon. Whether you are charged with possession of a firearm, or the lesser but still felony charge of carrying another dangerous weapon
that carries a 6 month minimum mandatory jail sentence, we will file all appropriate motions to suppress the search, seizure, or improperly issued warrant to search your property. Your constitutional rights are our paramount concern. If they were violated, we will fight to expose the violations and have any resulting evidence thrown out.
If you are charged with a Massachusetts firearms or weapons offense, contact our office for a free initial consultation: