What Is Improper Storage of a Firearm in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/06/2022

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The laws surrounding the crime of improper storage of a firearm are designed to prevent gun access to children and others who should not be handling a firearm, as well as the loss and theft of firearms. This charge can apply even if you have a license to carry a gun.

If you or someone you know has been charged with improper storage of a firearm, you should hire an experienced firearms attorney.

What are the Elements of Improper Storage?

The state must prove three things beyond a reasonable doubt in order to convict someone of improper storage of a firearm in Massachusetts:

The individual stored or kept a firearm, shotgun, or rifle.
The individual did not have the weapon under their immediate control – for example, the person was not physically carrying the weapon.
The firearm, shotgun, or rifle was not secured either by storage in a locked container, one that can only be unlocked by a key or combination, or by being equipped with a tamper-resistant mechanical lock or safety device that rendered the weapon inoperable by anyone other than the owner or other authorized user.

What Happens if I’m Convicted of Improper Storage of a Firearm?

The penalties for improper storage of a firearm vary depending on which kind of weapon was involved and who may have had access to it as a result of the improper storage.

For a firearm, rifle, or shotgun that is not a large capacity weapon:

Misdemeanor Criminal Conviction
Minimum fine of $1000, maximum fine of $7,500
Up to 1 1/2 years in jail in the House of Correction

For a large capacity weapon or machine gun:

Felony Criminal Conviction
Minimum fine of $2,000, maximum fine of $15,000
State Prison for a minimum of 1 1/2 years and a maximum of 12 years

For a rifle or shotgun that is not a large capacity weapon, and the weapon was stored or kept in a place where a person below the age of 18 who does not have a valid firearm identification card may have access without committing an unforeseeable trespass:

Felony Criminal Conviction
Minimum fine of $2,500, maximum fine of $15,000
State Prison for not less than 1 1/2 years nor more than 12 years

For a rifle or shotgun that is a large capacity weapon, firearm, or machine gun that was stored or kept in a place where a person younger than 18 may have access without committing an unforeseeable trespass:

Felony Criminal Conviction
Minimum fine of $10,000, maximum fine of $20,000
State Prison for not less than 4 years nor more than 15 years

If you have been charged with improper storage of a firearm, a conviction could result in jail time and fines of up to $20,000. Having an experienced firearms attorney on your side to help argue your case is extremely important. I have represented dozens of clients who have been charged with gun-related crimes, and I will do everything I can to get you a desirable outcome.

What are Some Possible Defenses to the Armed Career Criminal Act in Massachusetts?

You did not possess a firearm
- A defense to the underlying case of possessing a firearm can mean that the ACCA does not apply to you.
Your prior conviction(s) do not count under the statute
- In other words, your prior convictions could not count under the ACCA as a violent/serious drug offense
Vacate your prior convictions to get them removed from your record
- Vacating your prior convictions would prevent the Commonwealth from using them against you

If you are charged with a gun crime, having prior convictions can significantly complicate your case. Even worse, it could result in more time in prison. If you have been charged with a firearms offense and have a criminal record, you need an experienced criminal defense attorney to help argue your case. I have taken on hundreds of criminal defense cases throughout my career. I commit to fighting for all of my clients. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500, and let’s get started on your defense!

Frequently Asked Questions (FAQs)

1. What is considered "improper storage" of a firearm?

Improper storage of a firearm refers to situations where a firearm, shotgun, or rifle is not securely stored, allowing unauthorized individuals, particularly children, access to the weapon. This includes failing to store the firearm in a locked container or without using a tamper-resistant lock or safety device.

2. Can I be charged with improper storage even if I have a license to carry?

Yes, you can still be charged with improper storage of a firearm even if you possess a valid license to carry. The law focuses on how the firearm is stored and whether it is accessible to unauthorized individuals, regardless of licensing status.

3. What are the potential penalties for improper storage of a firearm?

Penalties for improper storage can vary significantly based on the type of weapon involved and the circumstances of the case. They can range from misdemeanor charges with fines up to $7,500 and jail time of up to 1.5 years, to felony charges with fines reaching $20,000 and prison sentences of up to 15 years.

4. How can I defend against an improper storage charge?

Defending against an improper storage charge typically involves demonstrating that you had the firearm secured appropriately or that there was no reasonable access by unauthorized individuals. An experienced firearms attorney can help build a strong defense based on the specifics of your case.

5. Should I hire an attorney if I am charged with improper storage?

Yes, hiring an experienced firearms attorney is crucial if you are charged with improper storage of a firearm. They can provide guidance on your legal options, help navigate the complexities of firearms laws, and work towards achieving the best possible outcome for your case.