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:
- 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 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!
