Facing Firearm Violations Related to Domestic Violence in Massachusetts? Our Defense Attorneys Are Ready to Protect Your Rights
If you or a loved one has been accused of a firearm violation related to domestic violence case in Massachusetts, the consequences can be life-changing. Not only are you facing criminal charges, but you also risk losing your right to own or carry firearms under both state and federal law. At the Law Office of Matthew W. Peterson, we know how serious these allegations are and how much they can impact your future. With offices in Boston and Salem, our team of criminal defense attorneys, including a former prosecutor, is prepared to aggressively defend you with strategies tailored to your case.
Our law firm represents individuals throughout Suffolk, Essex, Middlesex, and Norfolk Counties, including Boston, Chelsea, Salem, Lynn, Peabody, Saugus, Cambridge, Somerville, Newton, and Brookline. Whether your case involves misdemeanor firearm violations or felony-level charges tied to domestic violence, we are ready to stand by your side in court and fight to protect your rights.
Understanding Firearm Violations in Domestic Violence Cases
In Massachusetts, domestic violence charges become even more complicated when firearms are involved. Under both state and federal law, certain firearm restrictions automatically apply when someone is accused—or even convicted—of a domestic violence offense.
Some key laws and penalties include:
- Massachusetts Firearm Licensing Laws (M.G.L. c. 140): A domestic violence conviction or restraining order can result in the suspension or revocation of your License to Carry (LTC) or Firearm Identification Card (FID).
- Federal Law (18 U.S.C. § 922(g)(9)): Known as the “Lautenberg Amendment,” this law makes it illegal for anyone convicted of a misdemeanor crime of domestic violence to possess firearms.
- Restraining Orders (209A Orders): If a restraining order is issued, firearms must typically be surrendered to law enforcement immediately, and failure to comply may result in additional criminal charges.
- Penalties: These can include jail time, probation, loss of firearm rights, heavy fines, and a permanent ban on gun ownership under federal law.
Even a first offense can mean losing your firearms for life, making it critical to have a defense attorney who understands both domestic violence law and firearm restrictions.
Case Types We Handle Involving Firearms and Domestic Violence
Our Boston criminal defense law firm defends clients facing a wide range of firearm violations tied to domestic violence cases, including:
- Unlawful Possession of a Firearm After a Domestic Violence Conviction
- Violating Firearm Surrender Orders Connected to a 209A Restraining Order
- Possession of Firearms While Under a Restraining Order
- Carrying a Firearm Without a Valid LTC or FID After Revocation for Domestic Violence
- Federal Gun Possession Violations (Lautenberg Amendment cases)
- Improper Storage or Transfer of Firearms in a Domestic Violence Context
Whether the allegations stem from a misunderstanding, a false accusation, or a situation taken out of context, we will carefully analyze the facts, challenge the prosecution’s evidence, and fight for the best possible outcome.
What to Expect After a Firearm-Related Domestic Violence Charge
The legal process for firearm violations connected to domestic violence can feel overwhelming without the right representation. After your arraignment, where charges are read and a plea is entered, you may be required to surrender your firearms immediately and face suspension of your firearm license. During the pretrial phase, our attorneys may challenge the legality of the firearm seizure, contest the validity of restraining orders, or move to suppress improperly obtained evidence. We also conduct a thorough investigation, reviewing reports, firearm records, and witness statements to uncover weaknesses in the prosecution’s case.
If your case proceeds to trial, we provide aggressive courtroom representation designed to protect your rights and present your side of the story. If a conviction occurs, we advocate for alternatives to jail whenever possible, including probation, diversion, or rehabilitation programs. Our goal is always to minimize the long-term impact on your record, your freedom, and your future firearm rights.
Serving Clients Throughout Massachusetts
With offices in Boston and Salem, we represent clients across Suffolk, Essex, Middlesex, and Norfolk Counties. We routinely appear in district and superior courts in Boston, Chelsea, Salem, Lynn, Peabody, Saugus, Cambridge, Somerville, Newton, and Brookline. Our knowledge of local court procedures and expectations allows us to tailor our defense strategies to the unique challenges of each jurisdiction.
Contact Us Today for a Strategy Session
Being charged with firearm violations related to domestic violence is one of the most serious situations you can face in Massachusetts. These cases involve both state and federal laws and can have consequences that last a lifetime. You should not go through this process alone. At the Law Office of Matthew W. Peterson, our experienced criminal defense attorneys are ready to stand with you, protect your rights, and fight for your future.
Contact us today to schedule a strategy session. We will review your case, explain your options, and begin building a defense that protects your freedom and your constitutional rights.
Frequently Asked Questions
What happens to my firearms if I am charged with domestic violence in Massachusetts?
If you are charged or if a restraining order is issued, your firearms must usually be surrendered immediately, and your license will likely be suspended or revoked.
Can I get my firearms back after a restraining order is lifted?
It may be possible to petition for reinstatement of your license, but this depends on the circumstances of your case and any prior convictions.
Can I face charges even if the firearm was not used in the incident?
Yes. Simply possessing a firearm while under a restraining order or after a conviction can lead to criminal charges.
Do I have to speak with police if I’m accused of a firearm violation?
No. You have the right to remain silent, and you should always consult with a criminal defense attorney before speaking with law enforcement.