Massachusetts strictly regulates gun ownership, and the courts take a grim view of someone who violates the state’s gun laws. If you are found guilty of illegal possession of a loaded firearm, you could be facing stiff penalties including prison time. You will need experienced legal defense to challenge the state’s case against you.
That’s where Geraghty Law LLC comes in. We understand Massachusetts firearms laws and what it takes to protect the rights of our clients. If you have been charged with illegal possession of a loaded firearm in Worcester County, count on us to work for you.
What Is Illegal Possession of a Loaded Firearm?
Before you can appreciate the specific penalties of possessing a loaded firearm, it’s important to understand the more general prohibitions against illegally carrying firearms (loaded or unloaded). Massachusetts General Laws Chapter 269, Section 10 makes it a crime to:
- Knowingly possess or knowingly have under control in one’s vehicle
- A firearm, whether it is loaded or unloaded
This prohibition applies unless:
- The individual is present in his Worcester County residence or place of business; or
- The individual has a valid license to carry firearms; or
- Other laws apply, for instance those concerning firearms dealers, sports competitions, and police officers
- The individual is in compliance with the various rules pertaining to air rifle or BB gun ownership
If the firearm in question is both illegal (does not comply with the above rules) and is loaded, section 10(n) of the above statute will apply. This provides an enhanced penalty to the underlying crime of illegal possession of a firearm, as discussed below.
How Is Illegal Possession of a Loaded Firearm Punished?
Penalties are more severe when a firearm is loaded. A conviction may include:
- 18 months to 5 years in jail for illegal possession of a firearm
- Up to 2.5 additional years in jail if the weapon was loaded
These sentences run consecutively, meaning time for the loaded firearm charge is served after the base possession sentence.
What Is Considered a Loaded Firearm?
Breaking down the terms “firearm” and “loaded” is critical to better understanding the statute. It may also offer a potential defense in the event the state is unable to prove the required elements of the law to secure a conviction.
Firearm
A “firearm” is a pistol, revolver, or other weapon which can discharge a shot or bullet. The length of the barrel(s) is either under 16 inches, or under 18 inches for a shotgun, as originally manufactured. Firearm does not include any weapon that:
- Is constructed in a manner that does not resemble a handgun, short-barrelled rifle, or short-barrelled: This includes such weapons as those that resemble keychains, pens, and cigarette lighters.
- X-rays and metal detectors cannot detect: X-rays and metal detectors, such as the ones commonly found at airports and elsewhere in Worcester County, must be able to detect the weapon or it may not match the legal definition of a firearm.
Loaded
To be “loaded,” ammunition must be either in the firearm itself or in a feeding device that is attached to the firearm. An unloaded weapon would still implicate the underlying prohibitions against illegal firearms. However, the individual could avoid the sentence enhancement contained in section 10(n) of the above statute.
What Defense Strategies Are Available?
Several defenses may be available in illegal firearm possession cases:
- Failure to prove elements: If the state cannot show the weapon was both a firearm and loaded, the case may fail.
- Exemptions: You may qualify for an exemption under the statute.
- Lack of knowledge or possession: Prosecutors must prove you knew about and controlled the firearm.
- Illegally obtained evidence: Weapons seized through unconstitutional searches can be excluded from trial.
An experienced Worcester County criminal defense attorney will carefully examine each of these angles to build the strongest case possible.
Contact Our Worcester County Firearm Defense Attorneys
An arrest is not the same as a conviction, and you have a right to a strong legal defense regardless of the state’s case against you. If you have been arrested for a firearms crime in Worcester County, do not speak to police without first contacting the legal team at Geraghty Law LLC. Call us today or complete our online contact form to begin working on your defense.
FAQs
How do prior convictions affect my case?
If you were previously convicted of a violent crime or a serious drug offense, and you also violate the prohibition on illegal possession of a loaded firearm, your penalties will increase substantially. For instance, for a single prior conviction, you will face a minimum mandatory 3 years and up to 15 years in state prison. If you have two or three previous convictions, those numbers are (respectively) 10-15 years and 15-20 years.
Are there related criminal offenses I should know about?
There are separate crimes you should know about that pertain to illegal firearms. For example, if you carry a loaded firearm while under the influence of drugs or alcohol (even with a license) you could face two and a half years in jail and a $5,000 fine. Ask your Worcester County defense attorney to help with other related charges.
What if I have a license to carry my firearm?
If you have a license to carry your gun, this could be a defense (but see the above question about carrying a firearm while under the influence of drugs or alcohol). However, you should make sure you have the proper license. There is a difference between a Firearm Identification Card (or FID, which allows you to purchase, possess, or transport a gun that is not considered “large capacity”) and a License to Carry (or LTC, which allows a person to both carry and possess all types of legal firearms, including concealed carry).
Can you defend yourself with a gun in Massachusetts?
Yes, you may use reasonable force, including a firearm, to defend yourself, but Massachusetts is not a “stand your ground” state: outside your home, you generally have a duty to retreat if it is safe to do so; lethal force is only lawful when reasonably necessary.
Can I have a gun in my house without a permit in Massachusetts?
No, Massachusetts law requires the appropriate firearms license (FID or LTC as applicable) to possess a firearm; possession without the required license can lead to criminal charges.
