A recent case in Brockton District Court reminds us just how quickly a law-abiding gun owner from another state can face serious multiple firearm charges in Massachusetts. Our client, a Florida resident with no criminal history, traveled to Massachusetts for the holidays with his family. He brought his legally owned firearm, stored in its original factory container with a childproof mechanism. After a verbal dispute at his temporary residence, police were called and discovered the firearm.
What happened next transformed a family visit into a multi-charge criminal case.
The Multiple Firearm Charges
Our client faced three separate charges. First, unlicensed possession of a firearm in a home or business under M.G.L. c. 269, § 10(h). This misdemeanor carries up to two years in jail and a $500 fine. Second, improper storage of a firearm under M.G.L. c. 140, § 131L, which can result in fines up to $7,500 and imprisonment up to 18 months. Third, reckless endangerment of a child under M.G.L. c. 265, § 13L, a felony-level charge carrying up to two and a half years in jail.
These charges could have devastated our client’s life. He had worked his way up from an entry-level position into management. He had children and a stable family life in Florida. A criminal conviction could have destroyed his career, his professional reputation, and his ability to provide for his family.
The Defense
We represented our client at the clerk magistrate’s hearing in Brockton District Court. Unfortunately, the magistrate decided to issue criminal complaints. However, we continued to advocate for our client through the court process.
Several factors worked in our client’s favor. The firearm was found inside his temporary residence, not outside or in a vehicle. Had the gun been found outside the home, he would have faced mandatory minimum sentencing of 18 months in jail under M.G.L. c. 269, § 10(a), with no possibility of early release.
The firearm was also stored in its original factory container, which featured a childproof mechanism requiring specific manipulation to open. While Massachusetts has strict storage requirements, our client had made genuine efforts to secure his firearm.
Most importantly, our client was a law-abiding citizen with no criminal history. He had legally owned this firearm in Florida, where he was permitted to possess it. He simply did not understand that Massachusetts requires a License to Carry regardless of out-of-state permits.
The Outcome
After negotiation, the court agreed to continue all charges without a finding. This means our client was placed on probation. If he successfully completes probation without incident, all charges will be dismissed. Once dismissed, he may petition to have his record sealed, effectively removing this incident from most background checks.
A continuance without a finding is not a conviction. Our client can truthfully answer “no” when asked if he has ever been convicted of a crime.
What This Means for Out-of-State Gun Owners
If you are licensed to carry in another state, or live in a state that does not require a license, understand this clearly:
Massachusetts does not recognize your permit. The moment you enter Massachusetts with a firearm, you need a Massachusetts License to Carry.
If your firearm is found outside your home or business in Massachusetts, you face a mandatory minimum of 18 months in jail. There are no exceptions for good intentions or out-of-state permits.
Our client was fortunate because the firearm was discovered inside his residence. That distinction meant the difference between a continuance without a finding and mandatory prison time.
The safest approach is simple: do not bring firearms to Massachusetts unless you have obtained a Massachusetts license. The risk is too great.
Contact an Experienced Massachusetts Firearms Attorney
If you are facing firearm charges in Massachusetts, whether you are a resident or from out of state, you need an experienced Boston criminal defense attorney who understands Massachusetts gun laws. Contact the Law Office of Matthew W. Peterson at 617-295-7500 to set up a strategy session today. We represent clients throughout Southeastern Massachusetts and can help you discuss your case and explore your options.
