Attorney
In Massachusetts, a large-capacity firearm is any handgun, rifle, or shotgun capable of accepting a detachable magazine holding more than 10 rounds of ammunition, or any semiautomatic pistol or rifle with a fixed magazine that holds more than 10 rounds. Large-capacity feeding devices, such as magazines or other accessories that hold more than 10 rounds, are also strictly regulated under state law.
Massachusetts has some of the most restrictive gun laws in the country, and the rules around large-capacity firearms are among the most commonly misunderstood. Owning, possessing, or transferring a large-capacity weapon or feeding device without the proper license is a serious criminal offense. If you’ve been charged or you’re unsure whether a firearm you own qualifies, consult an experienced Worcester gun crimes defense attorney.
How Does Massachusetts Define a Large-Capacity Weapon?
Under Massachusetts Law (General Laws Chapter 140, Section 121), a large-capacity weapon includes any semiautomatic pistol or rifle that can accept a detachable large-capacity feeding device, any shotgun capable of accepting more than five shotgun shells, and any firearm that has been modified to accept such a device. The law casts a wide net, and the classification depends not just on what a firearm currently holds, but on what it is capable of accepting.
A large-capacity feeding device is defined as any magazine, belt, drum, feed strip, or similar device capable of holding more than ten rounds of ammunition for a firearm, or more than five shotgun shells for a shotgun. This means the magazine itself, separate from any firearm, can be an illegal item under Massachusetts law if it exceeds those thresholds.
One of the most common traps for gun owners is bringing a firearm or magazine into Massachusetts that is legal in another state. Federal law and the laws of neighboring states like New Hampshire and Vermont are far more permissive. What you legally purchased and owned elsewhere may constitute a criminal offense the moment you cross into Massachusetts.
What Are the Penalties for Possessing a Large-Capacity Firearm Without a License?
The penalties are severe. Under Massachusetts law, unlawful possession of a large-capacity firearm carries a mandatory minimum sentence of 18 months in state prison, with a maximum of ten years. These are not cases where a judge has wide discretion to go easy on a first-time offender. The mandatory minimum means the court is required to impose at least 18 months, regardless of your background or the circumstances of the arrest.
Possessing a large-capacity feeding device without a license carries its own penalties, separate from any firearm charge. If the magazine was found in connection with another offense, such as drug possession or an assault charge, prosecutors will often stack the charges, which compounds the potential sentence significantly.
Importantly, having a Firearms Identification Card, or FID, is not enough. Lawfully possessing a large-capacity weapon in Massachusetts requires a License to Carry, or LTC. An FID permits the ownership of certain non-large-capacity rifles and shotguns, but it does not cover large-capacity weapons or feeding devices.
What Should You Do If You’ve Been Charged With a Large-Capacity Firearm Offense?
The first thing to understand is that these charges are defensible. Common defense strategies include challenging whether the firearm or feeding device actually meets the legal definition of large-capacity, questioning the legality of the search or seizure that led to the discovery of the weapon, examining whether the evidence chain of custody was properly maintained, and exploring whether a licensing issue rather than criminal intent was at the root of the charge.
Given the mandatory minimum sentence attached to these charges, having an experienced gun crimes attorney in your corner from the start is not optional. The decisions made in the first days after an arrest, including what you say to police and whether you consent to further searches, can have a direct impact on the outcome of your case.
How Geraghty Law Can Help
At Geraghty Law, gun crime cases receive aggressive, individualized defense from day one. Whether you’re facing a large-capacity possession charge, a licensing issue, or a weapons charge connected to another offense, the firm will fight to protect your rights and pursue the best possible outcome. Contact us today to get started with an experienced Worcester gun crimes lawyer.
