Attorney
Massachusetts has some of the toughest gun laws on the books. While the Commonwealth does respect the Second Amendment rights of its residents to lawfully possess firearms, it takes a much harder position when guns and other such weapons are unlawfully possessed. If you are arrested for unlawful possession of a firearm in Massachusetts, you are going to need the assistance of an experienced criminal defense attorney. This is particularly true if you are arrested for a second time as the penalties become even harsher with each subsequent conviction.
What is the Massachusetts Gun Law?
The Massachusetts gun law is codified at Massachusetts General Law, Chapter 269, Section 10. This contains the rules for possessing a firearm, as well as the penalties for unlawful possession. Under the law, it is illegal to carry a firearm outside of your home or place of business without the proper licensing. This is either a Firearm Identification Card, which allows a person to own a gun, or a License to Carry, which provides the right to possess and carry a gun outside of your home. This includes concealed carry, which requires a License to Carry.
The law has other requirements. For example, individuals who are looking to purchase a firearm must undergo a background check before being able to complete the purchase. In addition, certain weapons are prohibited, including machine guns, sawed-off shotguns, and assault rifles. Individuals are not allowed to possess these illegal weapons even in their own homes.
What are the Penalties for Unlawful Possession?
Unlawful possession means that a person owns or carries a firearm without the proper licensing (Firearm Identification Card or License to Carry), or possesses an illegal weapon. Depending on the circumstances, such as the type of weapon and where the offense occurred, the person convicted of the offense of unlawful possession of a firearm will face up to two years in the Massachusetts House of Correction and a fine of up to $500.
There are other offenses that relate to unlawful possession as well. If you are found in possession of ammunition without a license, you can get sentenced for up to two years in jail. This applies even if you are not carrying a firearm. If you were under the influence of alcohol or a controlled substance at the time you were arrested for unlawful possession, you can face an additional 2.5 years in jail and a fine of up to $5,000. Convictions for possessing an illegal firearm can result in life imprisonment.
What Happens for a Second Offense of Unlawful Possession?
The second and each subsequent arrest for unlawful possession of a firearm carries with it enhanced penalties. If you are convicted of a second offense, you can be sentenced for up to two years in jail and fined up to $1,000. This applies to unlawful possession of ammunition as well. This is to deter and punish repeat offenders.
What are Your Rights and Possible Defenses?
When you have been arrested and charged with unlawful possession of a firearm, you are still protected by your Constitutional rights. You do not have to answer any questions from law enforcement beyond those necessary to confirm your identity. So, if you are arrested, you should exercise your right to remain silent. You also have the right to legal counsel and should request this immediately upon arrest. An experienced criminal defense attorney will help you protect your rights and establish the defenses that can be used when you are charged with the crime of unlawful possession of a firearm.
One of the key elements that the prosecution must establish for a conviction is that the item in question fits the definition of a firearm. In some cases, this is not a question, such as when the charges involve a rifle or shotgun. But this can become an issue for smaller weapons. Here, the prosecution will have to show that it fits the statutory definition of a firearm, such as a revolver, pistol or other weapon that shoots projectiles.
The prosecution will also have to show that the firearm was seized in a legal search of your person or premises. If the gun was found as the result of an illegal search, a motion to suppress can keep the weapon from being entered into evidence against you. For example, if the firearm was found during a warrantless search of your home, this can keep the gun from being entered into evidence against you.
Another element of the crime of unlawful possession is knowledge of the existence of the firearm. If you can show that you were not aware of the firearm’s presence or that it was not under your direct control, this can serve as an effective defense to the charge. For example, if the weapon is found on someone else that you were traveling with, the prosecution will have to show that you were aware of the firearm being possessed by the other person and had the ability to control the weapon if you chose to do so.
Contact a Worcester County Criminal Defense Attorney Today
If you have been arrested and charged with the crime of unlawful possession for a second time, you will be facing some potentially harsh penalties. The experienced criminal defense attorneys at Geraghty Law LLC will provide you with an aggressive defense to these charges. Contact us today for a consultation.
