License to Carry Firearm (LTC) Revoked/Suspended Attorney

It is very difficult to overturn a police chief’s decision to suspend or revoke a license to carry a firearm. A police chief has broad discretion or considerable latitude to issue a firearms carrying license. In order to overturn a police chief’s suspension or revocation on an LTC the gun owner must prove that police chief had no reasonable ground for suspending or revoking the license. To prove this the applicant must show that the refusal to grant the license was arbitrary, capricious or an abuse of discretion.

Carrying a Firearm While Intoxicated In Massachusetts

The law only applies to LOADED FIREARMS and applies to police and state officials and anyone licensed to carry a weapon. When prosecuting someone for carrying a loaded firearm while under the influence of intoxicating liquor (FUI), the Commonwealth must prove beyond a reasonable doubt that the defendant’s consumption of alcohol diminished his ability to safely carry a loaded firearm on his person or have one under his control in a vehicle. Someone can be found guilty of carrying a loaded firearm in a motor vehicle while intoxicated and innocent of operating a motor vehicle under the influence of alcohol.

Improper Storage of a Firearm

The Massachusetts gun storage law is governed by M.G.L 131L section (a). It is a crime in Massachusetts to store a firearm in a place that is not “secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device.”

The law doesn’t require a gun owner to keep the secured container in a secure location, so a firearm that is placed in a secured tamper proof lock box and then placed inside a cooler and brought along during a hunting trip meets the legal requirement. In this example the firearm is secured in a locked container which is sufficient even though the cooler in which the locked container is place isn’t secure by itself.

Possession of a Large Capacity Firearm

The unlawful possession of a large capacity firearm is a crime governed by M.G.L 269 section 10 (m). A conviction for unlawfully carrying of a large capacity firearm results in minimum 2 ½ years in state prison but not more than ten years in state prison. If a defendant has a valid FID card at the time of an arrest for possession of a large capacity firearm then the penalty for a conviction will range from a minimum of 1 year to a maximum of 10 years in a state prison…

Possession of a Loaded Firearm

Possession of a firearm and possession of a loaded firearm are two separate crimes. As a result a conviction for both crimes will result in separate penalties. After a defendant has served time for a conviction of unlawfully possessing a firearm they then have to serve time for the other crime of unlawfully possessing a loaded firearm. The additional penalty for carrying a loaded firearm will result in a sentence of no more than 2 ½ years in the house of corrections.

Unlawful Possession of a Firearm

Often times the passenger in a car will be charged with possession of a firearm even though they didn’t own the firearm and weren’t holding it. In situations where a firearm has been placed under the front seat of a car or in the center console police might charge every passenger in the car with possession of the firearm. However, in order to get a conviction the prosecutor will have to prove that the defendant knew that the firearm was under the seat or in the center console, the defendant had the ability to get control of it and that the defendant intended to get control of it.

Weapons Offenses & Violations

The state of Massachusetts has some of the strictest, and most complicated, gun laws in the entire U.S., and imposes severe penalties on people caught illegally possessing firearms, as well as for any type of controlled deadly weapon.

If you have any gun or rifle in your possession you must have a Firearms Identification (FID) card for the weapon. Failure to produce and FID card when asked to by the police could expose you a to a minimum jail term of 18 months. ..