What are the Penalties for Illegal Gun Possession in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/01/2019

Share Us:

Overview of Gun Laws in Massachusetts

The penalties for illegal gun possession can be serious. Massachusetts has some of the toughest gun laws in the country. It’s critical to get an experienced Massachusetts criminal defense attorney if you’re charged with a gun or firearm offense. The Law Office of Matthew Peterson is here to help you in legal matters, especially in firearms and gun rights.

What is Illegal Carrying of a Gun in Massachusetts?

Illegal carrying of a firearm is a felony with a mandatory minimum in Massachusetts. Under this provision (MGL ch. 269, s.10(a)), it is illegal to carry a firearm unless:

You’re in your home or business, or
You have a license

This can be either a felony or a misdemeanor. There is also a mandatory minimum of 18 months to serve if it’s charged as a misdemeanor. This cannot be suspended, and it must be served day-for-day. This section applies whether the firearm is loaded or unloaded.

The charge could be amended to a “10h” gun possession with no mandatory minimum, but that would be up to the prosecutor. You could also argue this at trial to a judge or jury.

If the firearm was loaded and you did not have a license, an additional 2.5 years in the House of corrections is mandatory. This has to be served after the initial 18-month compulsory minimum. However, the sentence could be suspended for a period of probation.

The penalties for illegal gun possession in Massachusetts are serious and require an experienced firearms attorney to defend you. I have successfully gotten firearms charges pleaded down to misdemeanors, dismissed, and had clients found not guilty.

What are the Penalties for Possession of an Illegal Sawed Off Shotgun or Machine Gun in Massachusetts?

If you carry (or have in your car) a firearm while under the influence of any drug or alcohol, it is a misdemeanor in Massachusetts (MGL ch. 269, s. 10H). The offense can be punished by up to two-and-a-half years in the House of Corrections (jail) and a fine up to $5,000. This section applies even if you have a license to carry a firearm.

What if I Possess an Unlicensed Firearm in My Home or Business?

Possession of an unlicensed firearm in your home or business is a misdemeanor in Massachusetts (MGL ch. 269, s. 10(h)(1)). It can be punished by up to two years in the House of Corrections (jail) and a $500 fine. For a second offense, the maximum fine increases to $1,000. This section also applies to illegal possession of ammunition.

What is Possession of a Shotgun or Rifle on a Public Way in Massachusetts?

Possession of a shotgun or rifle on a public way is generally a misdemeanor in Massachusetts (MGL ch. 269, s.12D).

If you have a license to carry or a firearm identification card, you are allowed to carry a shotgun or rifle on a public way. Similarly, this section does not apply if you’re hunting with a valid hunting license.

Possession of an unloaded shotgun or rifle on a public way is punishable by only a fine – $100 to $1,000. Additionally, possession of a loaded shotgun or rifle on a public way can mean jail time – up to two years in the House of Corrections (jail) and a fine between $500 and $5,000.

Possession of a large-capacity shotgun or rifle is a different offense. Furthermore, possession of a loaded large-capacity shotgun or rifle is a felony punishable by up to 10 years in prison. Possession of an unloaded large capacity shotgun or rifle along with a partially loaded large-capacity loader is similarly a felony punishable by up to 10 years in prison and a $10,000 fine.

Large capacity is defined as being able to accept more than 10 rounds in a semi-automatic handgun or rifle, and a shotgun able to accept more than five shotgun shells. A .22 rifle does not fit under this definition.

What is Carrying a Firearm While Under the Influence in Massachusetts?

What is Possession of a Firearm During the Commission of a Felony in Massachusetts?

Suppose you possess a gun while committing a felony or attempting to commit a felony. In that case, it is a separate felony charge that carries harsh consequences (MGL ch. 265, s.18B). It is punishable by a mandatory minimum of five years in prison. If it is a large capacity weapon, the mandatory minimum is ten years in prison.

The penalties for illegal gun possession while committing another felony can be very serious and require an experienced attorney. This is otherwise known as the armed career criminal act. If you have been previously convicted of a drug or violent offense, a later charge of possession of a firearm can carry serious consequences.

Any gun charge could also be pursued federally. Furthermore, a firearms offense could have severe immigration consequences.

What are the Defenses For Penalties for Illegal Gun Possession in Massachusetts?

Because of the serious ramifications of firearm offenses, it’s critical to hire an attorney you can trust. The defenses include suppression of the firearm, arguing that the gun was not in your possession and that the gun was not a real firearm. You can also argue for a reduction of the charges depending on where you possessed the firearm. A Boston criminal defense attorney can help advise you of your defenses.

A gun charge in Massachusetts can have serious consequences, but you could have a defense. It’s important to hire an attorney experienced in defending gun charges to help you. Contact us today, and let’s get started on your defense!

Our office is located in Boston, Massachusetts, but I handle criminal cases, including firearms cases, all over Eastern Massachusetts. You can reach us at (617) 295-7500 via call or text.

Frequently Asked Questions (FAQs)

1. What is the process for obtaining a firearm license in Massachusetts?

To obtain a firearm license in Massachusetts, you must apply for a Firearm Identification (FID) card or a License to Carry (LTC) through your local police department. The process typically involves submitting an application, undergoing a background check, and completing a safety course. You may also need to provide references and demonstrate a valid reason for needing a firearm.

2. Are there any exceptions to the illegal carrying of firearms law?

Yes, there are certain exceptions. For instance, individuals may carry firearms while engaged in lawful hunting or shooting sports if they possess the appropriate licenses. Additionally, law enforcement officers and military personnel may have different regulations governing their firearm possession.

3. What are the consequences of a felony gun charge in Massachusetts?

A felony gun charge can lead to severe penalties, including significant prison time, hefty fines, and a permanent criminal record. A felony conviction can also impact your ability to obtain employment, housing, and other opportunities in the future.

4. Can I appeal a gun possession conviction in Massachusetts?

Yes, you can appeal a conviction for gun possession in Massachusetts. The appeals process typically involves filing a notice of appeal within a specified timeframe after your conviction. It is advisable to work with an experienced attorney who can guide you through the appeals process and help build your case.

5. What should I do if I am stopped by law enforcement while carrying a firearm?

If you are stopped by law enforcement while carrying a firearm, it is crucial to remain calm and comply with their instructions. Inform the officer that you are carrying a firearm and provide your license if you have one. Avoid sudden movements and follow all commands from the officer to ensure your safety and avoid escalating the situation.