Massachusetts has some of the strictest firearms laws in the country. It’s difficult to get a firearms license, and there are severe punishments if you do not have a gun license. Even if you carry with a license, you could still have criminal charges based on how you carry a firearm. You need a firearms attorney to help.
This is why it’s critical to hire a firearms lawyer you can trust to help you navigate possession of a gun in Massachusetts. I not only help people get gun licenses in Massachusetts, but I also defend people charged with firearms offenses. Call or text me today at (617) 295-7500, and I’d be glad to help.
How Do I Get a Gun License in Massachusetts?
Getting a gun license in Massachusetts is difficult but not impossible. A gun rights lawyer can help.
If you have a criminal record, you could be prevented from getting a license to carry a firearm in Massachusetts. This is especially true if you have a felony conviction or a conviction for domestic violence, drug crimes, or a firearms offense. A CWOF does not count as a conviction for this purpose. If you have been previously involuntarily committed (or “sectioned”), you will be prevented from getting a firearms license as well.
If you have a criminal record that prevents you from getting a firearm license, you will need to hire a lawyer to vacate those convictions before you can get a license to carry a gun in Massachusetts.
You begin the process at your local police station with an application and possibly an interview. As long as your criminal record does not prevent you from getting a firearms license, the police office decides whether you’re suitable to get a gun license. The officer decides whether you getting a license to carry would pose a danger to public safety. The officer can consider a wide range of factors, including things you were never charged or convicted for.
I am a firearms lawyer in Massachusetts, and I can get you a gun license. I help people prepare their applications, navigate the requirements, and get their gun license in Massachusetts. Call or text me today at (617) 295-7500.
Can a Firearms Attorney Appeal if I am Denied a Gun License?
If you are denied a gun license because you are unsuitable, you can appeal to the district court. You need to hire a gun attorney to help file your appeal and present your case in court.
This appeal must be filed within 90 days of your denial, so call a firearms lawyer as soon as possible.
The District Court judge will decide whether the police department made an “arbitrary and capricious” decision in denying you a firearm license. An attorney can help present evidence and argue your case if you are denied a firearms license.
If you are denied a firearms license based on a misdemeanor conviction, you can appeal to the firearms licensing review board. This does not apply if the misdemeanor conviction is for domestic violence, drugs, or a firearms offense. The firearms licensing review board will decide whether your misdemeanor conviction should prevent you from getting a gun license.
I am available by phone or text at (617) 295-7500, and I handle gun license appeals all over Massachusetts.
What are the Penalties for Carrying a Gun without a License in Massachusetts?
Gun crimes in Massachusetts could mean strict mandatory jail time. Even a first-time offense of carrying a firearm without a license means at least 18 months in jail as a mandatory minimum. This 18 months is day-for-day in the house of correction, meaning you would not be eligible for good time or parole until the 18 months has been served.
You could also be held under dangerousness if you are charged with a gun crime. You could be held without bail for 120 days after your arrest if the district court judge decides you are dangerous and there are no conditions of release that could protect the community. This is true even if this is your first gun offense.
Carrying a gun without a license is a felony in Massachusetts. This means you could be looking at state prison time, even for a first time offense.
You can face additional penalties if you possess a loaded firearm or a high-capacity firearm. Possession of ammunition is also a separate criminal charge.
Furthermore, you could be facing mandatory prison time if you have a previous conviction for carrying a firearm without a license.
Any firearm offense could prevent you from getting a gun license in the future and could also have immigration consequences if you are not a citizen. If you are not a citizen and are charged with a firearm offense, an immigration attorney could help protect you from getting deported.
I am a firearms attorney who handles gun charges all over Massachusetts. Call or text me today at (617) 295-7500, and I’d be glad to help with your case.
Other Gun Charges in Massachusetts
Even if you have a license to carry a firearm, you could still face gun charges in Massachusetts. You will need a firearms attorney to help defend against these.
You could be charged with improperly storing a firearm if you do not store a gun in a locked container. If the firearm is not a large capacity firearm, this is a misdemeanor punishable by up to 18 months in the house of correction. If it is a large capacity gun, this is a felony.
Additionally, having a firearm while you are intoxicated is also a crime. This is punishable by up to two and a half years in the house of correction or a fine of $5000, or both.
Some guns are illegal to possess even if you have a license. This includes large capacity feeding devices, sawed off shotguns, or machine guns.
A Massachusetts firearms attorney can help defend you with any gun charges. You can reach me at (617) 295-7500 by either phone or text.
How Can a Massachusetts Firearms Attorney Help Defend My Case?
One potential defense is a motion to suppress if the firearm was seized illegally. An attorney can argue that you were stopped illegally, unlawfully searched, or that a search warrant was granted incorrectly.
Another potential defense is that you did not possess the firearm. The Commonwealth could argue that you constructively possessed the firearm even if you did not physically carry the gun. A gun lawyer could fight this by arguing that you did not have knowledge, dominion, or control over the firearm.
Finally, a firearms attorney could argue that the gun does not qualify as a firearm according to Massachusetts law. Often, this will require hiring an expert to test the firearm and see whether it fires or has any malfunctions.
If you are facing a gun charge, you need an experienced firearms attorney to represent you. I have represented many people charged with firearms offenses all around Massachusetts. My main office is located in Boston, but I fight gun charges all around Massachusetts. Call or text me today at (617) 295-7500, and let’s get started on your defense.