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Written By: William J. Manchinton, Jr
Published: 01/27/2025
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On November 6, 2024, the Massachusetts Appeals Court in Commonwealth vs. Michael Shehadi addressed a critical question: Is a stun gun Massachusetts legally considered a “firearm?” This case was reviewed carefully by The Law Office of Matthew Peterson.
Police discovered Shehadi unconscious in the driver’s seat of a parked car at 2:20 A.M. on August 27, 2021. After spotting drug paraphernalia in the center console and finding fentanyl during an initial search, police obtained a warrant to search the entire vehicle. In the trunk, they discovered a stun gun, leading to charges including unlicensed carrying of a firearm.
Under Massachusetts law (M.G.L. c. 140, § 121), a “firearm” includes:
However, the law specifically excludes weapons that:
Shehadi argued his brick-shaped stun gun wasn’t a “firearm” because it neither resembled conventional firearms nor fired projectiles – it required direct contact to deliver a shock.
The Appeals Court agreed with Shehadi. Because his stun gun’s brick-like appearance qualified for the appearance-based exemption, it could not be regulated as a “firearm.” The court distinguished between contact stun guns like Shehadi’s and pistol-shaped devices that shoot projectiles, noting that the latter may still be regulated as firearms.
Your stun gun’s legal classification in Massachusetts depends on its specific characteristics. If it qualifies as a “firearm,” you need proper licensing and must follow strict storage and transport regulations to avoid criminal charges.
For definitive guidance on your situation, contact the Law Office of Matthew W. Peterson.
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