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By Conor Geraghty
Attorney

Massachusetts has some of the strictest firearm laws in the country, and being charged with carrying an unlicensed firearm is a serious matter. A conviction might lead to jail time, hefty fines, and a lasting impact on your future. However, being charged doesn’t mean you’re without options. By understanding the legal process and your rights, you can take steps to protect yourself. Every case is unique, and the right approach can significantly affect the outcome.

What Are the Charges and Penalties for Carrying an Unlicensed Firearm in Massachusetts?

Massachusetts law strictly regulates the possession and carrying of firearms, requiring individuals to have the proper licensing. If you’re caught with an unlicensed firearm, the charges can be severe. Under state law, carrying a firearm without a valid license can result in a mandatory minimum sentence of 18 months in jail, even for first-time offenders. Depending on the circumstances, fines and additional jail time may also apply.

The penalties often increase with aggravating factors, such as having prior convictions or carrying the firearm in a restricted area like a school zone. Additionally, if the firearm was loaded or involved in another crime, the charges can escalate, leading to longer sentences and higher fines.

Beyond criminal penalties, a conviction can have lasting consequences. It can leave you with a permanent criminal record, limit your ability to possess firearms in the future and affect employment opportunities. Understanding these potential outcomes underscores the need for a strong defense.

Defenses to an Unlicensed Firearm Charge

Facing an unlicensed firearm charge can feel overwhelming, but several legal defenses may apply depending on your case. 

Lack of Knowledge or Intent  

One common defense against an unlicensed firearm charge is proving that you were unaware of the firearm’s presence or that you had no intention to possess it. Massachusetts law requires the prosecution to show that you knowingly possessed the firearm. For example, if the weapon was in a shared vehicle or borrowed property, it might not be clear who owned or controlled it. By casting doubt on intent or knowledge, we can challenge the foundation of the charges against you.

Improper Search and Seizure  

The Fourth Amendment protects you from unlawful searches and seizures. If law enforcement obtained the firearm without a proper warrant or reasonable cause, the evidence might be inadmissible in court. For instance, if police stopped your vehicle without justification or searched your home without a warrant, we could argue that your rights were violated. Excluding illegally obtained evidence can significantly weaken the prosecution’s case.

Valid Permit or Registration  

Sometimes, unlicensed firearm charges arise from misunderstandings about firearm permits or registrations. You may have a valid license from another state that isn’t recognized in Massachusetts or a permit that has expired without your knowledge. In such cases, demonstrating that you had lawful intentions can be a strong defense. Administrative errors or incomplete records may also come into play, offering grounds to dispute the charges.

Mistaken Identity or Misidentification  

Firearm charges often involve situations where multiple people are present, such as during traffic stops or at group gatherings. If law enforcement cannot definitively link you to the firearm, there may be reasonable doubt about your involvement. Eyewitness errors or confusion over ownership can create opportunities to challenge the charges.

Procedural Errors or Rights Violations  

Law enforcement and prosecutors must follow strict procedures in handling evidence and filing charges. If they fail to read your Miranda rights, mishandle evidence, or violate court procedures, these missteps can work in your favor. Such errors can lead to reduced charges or even dismissal of the case.  

Why Legal Representation Matters

When facing an unlicensed firearm charge, having the right legal representation can make all the difference. At Geraghty Law, we understand the complexities of Massachusetts firearm laws and how to challenge the prosecution’s case effectively. A skilled defense can identify weaknesses in the evidence, challenge procedural errors, and argue for reduced charges or dismissal. Without proper representation, you risk facing maximum penalties and lasting consequences. At Geraghty Law, we’ll stand by you throughout the process, protect your rights, and work toward the best possible outcome for your case. 

Contact an Experienced Massachusetts Unlicensed Firearm Defense Attorney

Facing an unlicensed firearm charge in Massachusetts is a serious matter, but you don’t have to face it alone. At Geraghty Law, we are committed to protecting your rights and building a strong defense tailored to your situation. Don’t let these charges define your future. Contact us today for a consultation, and take the first step toward safeguarding your freedom and moving forward with confidence.

About the Author

Massachusetts has some of the strictest firearm laws in the country, and being charged with carrying an unlicensed firearm is a serious matter. A conviction might lead to jail time, hefty fines, and a lasting impact on your future. However, being charged doesn’t mean you’re without options. By understanding the legal process and your rights, you can take steps to protect yourself. Every case is unique, and the right approach can significantly affect the outcome.

What Are the Charges and Penalties for Carrying an Unlicensed Firearm in Massachusetts?

Massachusetts law strictly regulates the possession and carrying of firearms, requiring individuals to have the proper licensing. If you're caught with an unlicensed firearm, the charges can be severe. Under state law, carrying a firearm without a valid license can result in a mandatory minimum sentence of 18 months in jail, even for first-time offenders. Depending on the circumstances, fines and additional jail time may also apply.

The penalties often increase with aggravating factors, such as having prior convictions or carrying the firearm in a restricted area like a school zone. Additionally, if the firearm was loaded or involved in another crime, the charges can escalate, leading to longer sentences and higher fines.

Beyond criminal penalties, a conviction can have lasting consequences. It can leave you with a permanent criminal record, limit your ability to possess firearms in the future and affect employment opportunities. Understanding these potential outcomes underscores the need for a strong defense.

Defenses to an Unlicensed Firearm Charge

Facing an unlicensed firearm charge can feel overwhelming, but several legal defenses may apply depending on your case. 

Lack of Knowledge or Intent  

One common defense against an unlicensed firearm charge is proving that you were unaware of the firearm’s presence or that you had no intention to possess it. Massachusetts law requires the prosecution to show that you knowingly possessed the firearm. For example, if the weapon was in a shared vehicle or borrowed property, it might not be clear who owned or controlled it. By casting doubt on intent or knowledge, we can challenge the foundation of the charges against you.

Improper Search and Seizure  

The Fourth Amendment protects you from unlawful searches and seizures. If law enforcement obtained the firearm without a proper warrant or reasonable cause, the evidence might be inadmissible in court. For instance, if police stopped your vehicle without justification or searched your home without a warrant, we could argue that your rights were violated. Excluding illegally obtained evidence can significantly weaken the prosecution’s case.

Valid Permit or Registration  

Sometimes, unlicensed firearm charges arise from misunderstandings about firearm permits or registrations. You may have a valid license from another state that isn’t recognized in Massachusetts or a permit that has expired without your knowledge. In such cases, demonstrating that you had lawful intentions can be a strong defense. Administrative errors or incomplete records may also come into play, offering grounds to dispute the charges.

Mistaken Identity or Misidentification  

Firearm charges often involve situations where multiple people are present, such as during traffic stops or at group gatherings. If law enforcement cannot definitively link you to the firearm, there may be reasonable doubt about your involvement. Eyewitness errors or confusion over ownership can create opportunities to challenge the charges.

Procedural Errors or Rights Violations  

Law enforcement and prosecutors must follow strict procedures in handling evidence and filing charges. If they fail to read your Miranda rights, mishandle evidence, or violate court procedures, these missteps can work in your favor. Such errors can lead to reduced charges or even dismissal of the case.  

Why Legal Representation Matters

When facing an unlicensed firearm charge, having the right legal representation can make all the difference. At Geraghty Law, we understand the complexities of Massachusetts firearm laws and how to challenge the prosecution’s case effectively. A skilled defense can identify weaknesses in the evidence, challenge procedural errors, and argue for reduced charges or dismissal. Without proper representation, you risk facing maximum penalties and lasting consequences. At Geraghty Law, we’ll stand by you throughout the process, protect your rights, and work toward the best possible outcome for your case. 

Contact an Experienced Massachusetts Unlicensed Firearm Defense Attorney

Facing an unlicensed firearm charge in Massachusetts is a serious matter, but you don’t have to face it alone. At Geraghty Law, we are committed to protecting your rights and building a strong defense tailored to your situation. Don’t let these charges define your future. Contact us today for a consultation, and take the first step toward safeguarding your freedom and moving forward with confidence.