The U.S. Constitution gives citizens the right to keep and bear arms, but it does not prohibit states from enacting laws to restrict gun rights. Massachusetts has enacted strict gun laws to govern how citizens purchase, possess, use, and sell firearms. Violating Massachusetts laws for possession of a firearm could result in significant fines and jail time.
At Geraghty Law, LLC, we stand with gun owners to protect their rights. An effective defense to charges of unlicensed possession of a firearm can be crucial for preserving your freedom and future rights. Our Worcester County gun lawyers diligently pursue a favorable resolution to the criminal charges.
We are available 24/7, so we are there when you need us. Call Geraghty Law, LLC for a free consultation with an experienced Worcester County drug crimes attorney.
How We Can Help You with Firearm Charges in Worcester County
As a former prosecutor, Attorney Conor J. Geraghty brings a wealth of knowledge to your defense. He has extensive experience in criminal law, including knowledge of the tactics used by prosecutors. He is a seasoned trial lawyer and fierce advocate for our clients.
When you hire our top-rated Worcester County criminal defense team, we will defend your best interests by:
- Thoroughly investigate the gun charges against you, including analyzing the state’s evidence
- Scrutinizing the conduct of the police officers to determine if your rights were violated
- Explain your legal options and discuss potential outcomes for your case
- Gather evidence to use in your defense, including working with expert witnesses as necessary
- Prepare a strong defense based on the facts and evidence in your case
- Use proven strategies to negotiate a fair plea agreement if pleading is in your best interest
- Prepare you for trial and aggressively argue your case in court if that is the best strategy for your case
Being arrested for unlicensed possession of a firearm is not a guilty verdict. You have important rights you need to exercise. One of your most powerful tools is to employ an experienced criminal lawyer. Your defense begins immediately after your arrest. The sooner you contact an attorney, the better it will be for your case.
Get help with charges for unlicensed possession of a firearm from a seasoned criminal defense lawyer who understands gun laws. Call Geraghty Law, LLC, for a free case evaluation from our Worcester County criminal defense lawyer.
Overview of Massachusetts License Requirements for Firearms
Massachusetts law prohibits individuals from possessing a firearm without a valid license. There are two types of firearm licenses in Massachusetts:
- Firearm Identification Card (FID) permits the holder to purchase, possess, or transport a rifle or shotgun that is not large capacity.
- License to Carry (LTC) permits the holder to possess large capacity shotguns and rifles. It also permits the holder to possess any type of handgun and carry a concealed weapon.
The state has numerous requirements that individuals must meet to obtain a firearms license. For instance, you must pass a background check, complete a safety course, and meet the age and residency requirements. You are not permitted to obtain a firearm license if you have any of the following:
- Felony convictions
- Misdemeanor convictions punishable by more than two years
- Record of drug offenses
- Convictions for violent crimes
- Previous gun crime convictions that resulted in incarceration
- Arrest warrant from another state
- Convictions for domestic violence offenses
- Dishonorable discharge from the military
Possessing a firearm without the required permit could lead to one or more gun possession charges. In addition to unlawful possession of a firearm, you could face carrying a loaded firearm without a license, possession of a firearm by a felon, and possession of an unregistered firearm. The exact charges depend on the circumstances involved in your case.
What Are the Penalties for Unlicensed Possession of a Firearm in Worcester County, MA?
The criminal penalties for unlicensed possession of a firearm can be severe. The exact penalties depend on several factors, including your criminal record and the facts of the case. Aggravating factors can also enhance the sentence for unlicensed possession of a firearm.
Generally, the penalty for unlicensed possession of a firearm in public is a minimum of 18 months without parole. The mandatory minimum increases to five years for a second conviction and seven years for a third conviction. If the firearm is loaded, the state can add 2.5 years on top of the mandatory 18-month prison term.
Potential Defenses to Unlicensed Possession of a Firearm
If you are charged with unlicensed possession of a firearm, there could be one or more defenses that may apply in your case. Potential defenses to unlicensed possession of a firearm include:
Valid Registration or Permit
A misunderstanding or error could have caused your permit or registration to be incorrectly noted in the system. For instance, you may have renewed your permit, but the system does not reflect the renewal. You may have a valid permit from another state and do not realize it was not recognized in Massachusetts.
Lack of Intent or Knowledge
Massachusetts law requires the prosecution to prove that you knowingly possessed an unlicensed firearm. For instance, you borrowed a vehicle without knowing that your friend had a firearm in the vehicle. Your attorney may challenge the charge, arguing that you had no intention of possessing a firearm without a license and had no knowledge of the firearm’s existence.
Violations of Your Rights and Procedural Errors
Law enforcement and the prosecution must follow the law. Errors and intentional acts that violate the law could lead to evidence being suppressed.
For instance, the Fourth Amendment to the U.S. Constitution protects citizens from unlawful searches and seizures. Without probable cause or a warrant, an officer lacks legal justification for conducting a search. If the court determines that your rights were violated, it could exclude evidence obtained illegally by law enforcement.
Evidence could be inadmissible if it is not handled correctly. The court may dismiss evidence that lacks a clear and lawful chain of custody.
Exceptions to Licensing Requirements
Massachusetts law has several exceptions to the requirement for a license or permit. Our attorneys explore all exceptions to determine if your situation may fall within one of the legal exceptions for a firearms license.
Schedule a Free Consultation with a Worcester County Criminal Defense Attorney
Facing charges for unlicensed possession of a firearm can be daunting. The first step is to take the charges seriously. Serious criminal charges necessitate the expertise of an experienced criminal defense attorney. Call Geraghty Law, LLC today to speak with our Worcester County gun crimes attorney. Working with a skilled gun lawyer gives you the help you need to effectively protect your interests and rights.
