Gun and Firearm defense in Massachusetts
Massachusetts General Laws Chapter 269 Section 10 makes it illegal to knowingly possess a loaded or unloaded firearm if:
- You are not present in your own residence or place of business
- You do not have the required firearm license
- You possess an illegal weapon, such as a sawed off shotgun or machine gun
If you are found in possession of an unlicensed weapon, carry your weapon outside of your home or place of business without the license to do so, or possess a dangerous weapon, you will be sentenced to a mandatory minimum of 18 months imprisonment. If you are found in possession of a machine gun or sawed off shotgun, you could be sentenced to life imprisonment.
The second amendment in the U.S constitution guarantees each citizen the right to bear arms, however each state reserves the right to regulate the use and ownership of such weapons.
In Massachusetts there are a several laws restricting the carrying and use of a firearm.
There are many avenues to defend a Massachusetts gun charge. These include:
- Constitutional attacks on the authority of the police to make an arrest, search a vehicle, order you from the car or search your house.
- Filing a motion to attack the basis of the police to search your person and conduct a pat frisk. To read more about Gun Crime Defenses when you are searched by an officer click here.
- Proving lack of possession of a firearm.
- Attacking the Commonwealth's evidence regarding the ability of a firearm to discharge a bullet and ballistics evidence.
When you are charged with a Massachusetts gun charge, you are likely to have several evidentiary hearings where the police will appear and be required to testify in court. The first is near the arraignment date at a dangerousness hearing, the second is during a motion to suppress and lastly at trial. A firearm offense in Massachusetts requires that you hire an attorney skilled in arguing motions and presenting a case to a jury as often these cases require a trial to avoid the consequences of a conviction.
If you have any questions about hiring a Boston criminal lawyer to handle a gun charge brought against yourself, family member, spouse or loved one, you can call to have your questions answered at (781) 686-5924.