What Happens if you are an Out-of-State Resident Charged with Possession of a Firearm Without an FID Card in Massachusetts?

Non-resident of Massachusetts still must abide by Massachusetts gun laws. Massachusetts gun and firearm law are very strict and carry a mandatory minimum jail sentence. Gun crimes in Massachusetts will often be assigned special prosecutors to ensure that the Commonwealth prosecutors the case to the fullest extent possible.

What happens if you are charged with a firearm offense and do not reside here: What are your defenses?

If you are traveling temporary through Massachusetts and the gun is properly stored, you may have a legal defense to the charge. Additionally, if you do not have any prior record, this type of case may be able to be resolved through negotiations with the district attorney.

When trying to resolve the case with the district attorney, you would need to provide what is often referred to as a breakdown letter, requesting that a charge that carries a mandatory sentence be reduced to a lesser offense. Often this entails obtains work records, medical records, letters of recommendation, and in the case of a gun case, any records of compliance with any safety courses.

Often, a charge of possession of a firearm without an FID card for an out-of-state resident will result from a car stop. There are two potential Constitutional challenges that could apply in any motor vehicle stop.

First, did the officer have reasonable suspension to stop the car. Second, did the officer have probable cause to search the interior of the car?

If you are an out-of-state resident facing a possession of a firearm charge without an FID card, call Attorney DelSignore at 781-686-5924 to learn the best way to defend your case.