Massachusetts has stringent firearm laws. Getting a firearm license is hard, and there are severe punishments if you own a gun but do not have a license. Even if you have a license, you could still face criminal charges based on how you carry your firearm. Wrentham gun lawyers are here to help with any gun or firearm charges you might encounter.
At The Law Offices of Gerald J. Noonan, our firearm lawyers can help you navigate getting a gun license in Massachusetts. We can also aggressively defend you if you are charged with a firearm offense. Call or text us today to learn more.
How to Get a Gun License in Massachusetts
You must apply with your local police station to get a gun license in Massachusetts. Massachusetts offers two types of gun licenses.
One license is the FID (Firearm Identification Card/class B license). This lets you carry non-large-capacity guns, like shotguns and rifles.
The LTC (Licensed to Carry/class A license) allows you to carry large-capacity rifles, handguns, and shotguns. It also makes it legal for you to carry a concealed handgun. You will need a firearms license to purchase any live ammunition in Massachusetts.
Some of the reasons you could be prevented from getting a firearm license include:
- You have been convicted of a felony
- You have been convicted of a misdemeanor with a punishment of up to two years
- You have been convicted of the illegal possession of ammunition or a gun
- You have been convicted of domestic violence
- You have received a dishonorable discharge from the military
- You have a 209 restraining order against you
With so many things that could prevent you from getting a firearm license, it’s often beneficial to work with an attorney during the process. A Wrentham firearm lawyer can help you prepare your application, understand the requirements, and make sure that everything is done to increase your chances of getting a firearm license in Massachusetts.
What Happens If You Carry a Gun Without a License in Massachusetts?
Gun crime laws in Massachusetts are some of the strictest in the United States. A first-time offense or carrying a firearm without a license could mean a minimum of 18 months in jail. This is a day-for-day sentence. This means you will not qualify for parole or time off for good behavior until the full 18 months have been served.
If you are deemed dangerous by the district court judge, you could be held in jail for 120 days after your arrest without bail. This is true even for first-time offenses.
Carrying a gun without a license in Massachusetts is a felony. This means possible state prison time even if it’s your first offense. There are additional penalties for having a loaded or high-capacity firearm. You can receive more charges for possessing ammunition.
If you have previously been convicted of carrying a firearm without a license, you may face mandatory prison time for your second and subsequent offenses.
Being convicted of a firearm offense could prevent you from getting a license in the future and could impact your immigration status if you are in the United States illegally. At The Law Offices of Gerald J. Noonan, we are firearms attorneys who have helped clients throughout Massachusetts. Call or contact us today. We would be glad to discuss your case with you.
How Is “Firearm” Defined in Massachusetts?
Massachusetts General Laws c. 140, § 121 define what a firearm is in Massachusetts. According to this definition, a firearm must have three things:
- It must be a weapon
- It must have the ability to shoot or discharge a bullet or projectile
- Its barrel length must be 16 inches or less. The barrel length describes the portion of the firearm through which the bullet is driven, stabilized, or guided. The chamber is included in this measurement.
The right to bear arms is a fundamental part of the US Constitution. It is enshrined in the Second Amendment. However, it is not an absolute right. Both the federal and state governments can put restrictions on the possession and ownership of firearms. Massachusetts has some of the harshest punishments for possessing a firearm while not complying with state laws.
Massachusetts firearm offenses include:
- Possession of a firearm
- Carrying a firearm
- Possession of ammunition
- Improper storage of the firearm
These laws seem like they are straightforward. However, they can quickly become complicated. This is why you must work with an experienced criminal defense attorney if you are ever charged with a firearm offense. The Wrentham firearm lawyers at The Law Offices of Gerald J. Noonan can help you if you are charged with a firearm offense. If we take you on as a client, we will aggressively defend you and help you understand the charges you face.
How Does a Wrentham Criminal Defense Attorney Defend Firearms Crimes in Massachusetts?
Every case is unique. Our attorneys would need to evaluate your case and consult with you to determine the exact defense that’s appropriate if you’re charged with a firearm crime. However, some potential reasons that could be used include the following.
Lack of Knowledge
Some firearm offenses require the accused individual to know where the firearm is. If you had no idea there was a firearm around, your attorney may be able to use this defense.
You Possess a License
Depending on the circumstances, you may be able to present your FID card or your license to carry as a defense against a firearms charge.
Not a Firearm
Massachusetts General Laws c. 140, § 121 offers a clear definition of what a firearm is. Expert review could prove that the item in question is not a firearm based on the definition in Massachusetts law.
Illegal Search and Seizure
This is an extremely popular defense for firearm charges. If your fourth amendment rights were violated, your attorney might be able to file a motion to suppress. They would argue that when the police found the firearm, the search they performed and the subsequent seizure violated your constitutional rights.
No Possession
Some firearm offenses require a person to be in possession of the firearm. “Possession” can be a vague term that does not always have a straightforward definition. Your attorney can help define and clarify whether or not possession applies to your case.
Do Not Let a Firearm Possession Charge Derail Your Life
Being arrested for firearm possession in Massachusetts can destroy your life. The good news is that the successful, experienced criminal defense attorneys at The Law Offices of Gerald J. Noonan can offer a defense that is as serious as the charges you face. We will fight hard to help get your life back on track in the aftermath of a weapons charge.
You can count on us to passionately advocate for you. Our courtroom experience, client commitment, and knowledge are second to none. Contact The Law Offices of Gerald J. Noonan today if you have been charged with illegal firearms sale or possession in Massachusetts.
