MA Defense Attorney - Weapons Offenses
Weapons charges, possession without FID card, carrying dangerous weapon, carrying a loaded firearm - eastern MA, Norfolk County, Suffolk County
Attorney Bradley has handled hundreds of cases involving weapons and the use of weapons in various criminal situations. If you or someone you know has been charged with a weapons related offense contact Attorney Bradley today for a free consultation.
For better or worse, guns have been a part of the American experience since the beginning. Recent political efforts to reduce gun violence has increasingly led to zero-tolerance policies for technical firearm offenses, and rapidly inflating minimum penalties. Massachusetts has been at the forefront of much of the movement, and as a result, has enacted some of the harshest gun control laws in the country.
Improper Storage of Firearm:
- Massachusetts general laws require that any firearm be stored secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner.
- In addition to the possibility of jail time, a conviction on the charge of improper storage of a firearm can result in a substantial fine, ineligibility to obtain a firearm license, forfeiture of any firearms in the defendant's possession, and the statute defining the offense of improper storage of a firearm specifically provides that, in some circumstances, a violation of the statute "shall be evidence of wanton or reckless conduct in any criminal or civil proceeding."
Possession Without FID Card:
- In Massachusetts it is illegal to knowingly possess a firearm without being previously licensed. The charge of possession of a firearm extends to possession of mere ammunition.
- Firearm charges carry very strict penalties, including a mandatory minimum sentence, and the Commonwealth routinely prosecutes them vigorously.
Carrying Dangerous Weapon:
- In Massachusetts, a license to carry a firearm is separate from a license to possess a firearm. That means that you may lawfully own a gun, but carrying it on your person is a crime.
- The law prohibiting carrying a firearm without a license is designed to punish people the legislature deems particularly dangerous. It carries a 1-year minimum mandatory sentence.
Carrying a Loaded Firearm
- Further, if the weapon was loaded at the time of the alleged offense, the statute provides for a mandatory on-and-after sentence, which means that the additional punishment imposed based on the fact that gun was loaded must be served beginning on the end date of the punishment imposed based on the underlying possession or carrying charge.
- Realistically, if someone is charged with carrying a firearm, particularly if it is loaded, there is a very good chance that the Commonwealth will request that he or she be held without bail for up to 90 days pursuant to a dangerousness hearing.
- Given the severity of the penalties described above, and the potential for other collateral consequences associated with a charge of carrying a firearm, if you or someone you know has been charged with a firearm offense, call me to discuss your options.