Firearm & Gun Possession
Boston Lawyers Defending Individuals against Criminal Charges
Although the Second Amendment of the U.S. Constitution guarantees Americans the right to possess firearms, states reserve the right to regulate the possession of these weapons. Gun possession charges may be very severe and pose life-changing penalties that may affect your ability to get a job in the future. At Lowney Law, LLC, our criminal defense attorneys have years of experience helping Boston residents who are facing firearm and gun possession charges. We can guide you through every step of the process and zealously advocate on your behalf.
Understanding Massachusetts Firearm and Gun Possession Laws
In Massachusetts, an individual may be charged with a variety of gun possession law violations. For example, the state makes it a crime to carry a dangerous weapon without a permit, or to possess a machine gun or sawed-off shotgun. This offense carries a penalty of up to two and a half years in prison or more. It is also a crime to carry a rifle or shotgun in any area that is designated as a public way. This includes a street, sidewalk, or any public grounds maintained by the state or city. If the weapon is loaded, the defendant faces a maximum sentence of two years in addition to monetary fines. If the weapon falls in the class of “large capacity weapons,” the penalty is increased to a minimum sentence of one year with a maximum of 10 years. If the weapon is unloaded, the penalty is typically limited to a monetary fine.
One of the most common gun possession charges is the possession of a firearm in the commission of a felony. Typically, it does not matter whether the defendant’s firearm was loaded or unloaded during the commission of the felony. If the incident constitutes the defendant’s first charge, the defendant will most likely be sentenced to the mandatory minimum of five years in prison. If it is the defendant’s second charge, however, the sentence increases to a minimum of 20 years in prison. This sentence is in addition to penalties for any charges involving the underlying felony, and it cannot be reduced. It is also a crime to falsify documents related to a firearm application in Massachusetts.
Additionally, it is common for the conditions of an individual’s probation to include a requirement that he or she refrain from possessing firearms at any time. If someone whose probation includes this condition is caught in possession of a firearm, the penalties are severe and might include additional jail time. There are also many penalties and fines associated with the possession of an unlicensed and loaded firearm or gun, regardless of whether the defendant was on probation or has prior convictions.
Enlist an Experienced Boston Attorney to Fight Your Charges
If you or someone you known has been charged with a firearm or gun possession charge, it is critical to speak to an attorney as soon as possible. At Lowney Law, LLC, our lawyers have helped many Boston residents facing charges of firearms violations, OUI, drug crimes, and other offenses in asserting their rights. We offer a variety of payment plans and work with our clients to ensure that finances are not the reason that they forgo capable legal representation. Call us now at 1-617-364-8000 or contact us online to set up a free, no-obligation consultation. Many of our clients have come from Hyde Park, Mattapan, Dorchester, Jamaica Plain, Roxbury, West Roxbury, and Roslindale, as well as communities throughout Suffolk County.