Having a first time gun charges in Massachusetts can feel overwhelming. Even if you have no criminal record and never used the weapon, you could still face serious jail time. Massachusetts has some of the strictest gun laws in the country, and these laws apply to everyone – including first-time offenders and people visiting from other states.
Two Different Types of Gun Charges
Massachusetts treats gun possession differently depending on where you had the firearm. Understanding this difference is crucial because the penalties are very different.
Gun in Your Home or Business
If you possess a firearm in your home or business without a license, this is considered a misdemeanor. A misdemeanor is a less serious criminal charge. This offense carries up to two years in the house of corrections (a type of local jail). Importantly, there is no mandatory minimum jail time, meaning a judge has flexibility in sentencing and might not send you to jail at all.
Gun Outside Your Home or Business
If you possess a firearm outside your home or business without a license, this becomes a felony – a more serious criminal charge. This carries an 18-month mandatory minimum sentence in the house of corrections. “Mandatory minimum” means the judge must sentence you to at least 18 months in jail and cannot reduce this time or let you serve it on probation instead.
The License Requirement
Massachusetts requires a License to Carry (LTC) for firearm possession, except in very specific situations. An LTC is official permission from the state to possess a firearm. Without this license, simply having a gun can result in criminal charges.
Will You Get Bail for first time gun charges in Massachusetts?
Getting out of jail while your case is pending depends on where you had the gun. If the charge involves possessing a firearm outside your home or business, you face additional challenges.
The prosecutor can request what’s called a “dangerousness hearing.” This is a court proceeding where a judge decides if you’re too dangerous to be released back into the community. If the judge finds you dangerous, you can be held without bail for up to 120 days.
Even if you’re not held as dangerous, you might still face a high cash bail amount that you must pay to get released. Some district attorney offices have policies to request dangerousness hearings for every gun offense, regardless of whether it’s your first charge or the circumstances involved.
However, first-time gun offenses often have good arguments for release, especially if you have no criminal history and other positive factors in your background.
Potential Defenses
Several defenses might apply to your case, but each situation is unique.
Illegal Search and Seizure
If police found the gun through an illegal search, your attorney can file a “motion to suppress evidence.” This legal filing asks the court to throw out the evidence because police obtained it illegally. For example, if police searched your car without proper justification, any evidence they found might be suppressed.
Lack of Possession
The prosecution must prove you actually possessed the gun. If the firearm was found in a shared space like a car with multiple people, you might have a defense arguing you didn’t actually possess it.
These are just two common defenses. Many other potential defenses exist depending on your specific circumstances.
Why You Need Legal Help Immediately
A gun charge, even something as simple as having a firearm in your car, puts you at risk of immediate jail time. Unlike many other criminal charges, gun offenses in Massachusetts carry mandatory minimum sentences that cannot be reduced through plea bargains to lesser charges unless the prosecutor agrees to modify the charges entirely.
This means your attorney must either convince the district attorney to reduce the charges, win the case at trial, or get the case dismissed entirely to avoid jail time.
The Bottom Line
Massachusetts gun laws are unforgiving, even for first-time offenders. Whether you’re a Massachusetts resident or visiting from another state, these laws apply equally to everyone. The consequences are too serious to handle alone or to delay getting legal help.
If you’re facing any gun charge in Massachusetts, contact an experienced firearms attorney immediately. The sooner you have professional legal representation, the better your chances of achieving the best possible outcome in your case.
