What Is Improper Storage of a Firearm in Massachusetts?

Improper storage of a firearm

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 a 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.  Call me today!

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:

  1. The individual stored or kept a firearm, shotgun or rifle.
  2. The individual did not have the weapon under their immediate control – for example, the person was not physically carrying the weapon.
  3. 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 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 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.

Call or text me today at (617) 295-7500 and let’s get started on your defense!

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Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.