Massachusetts Legal Developments Blog

Crimes Involving Guns

Guns are often used in a variety of crimes. Many times, these guns are obtained illegally or stolen. If you have been charged with a crime involving a gun you need to speak with a reliable criminal defense attorney who can explain your legal options.

Massachusetts gun owners are required by law to report the loss, theft, or recovery of a gun to the Department of Criminal Justice Information Services and the licensing authority in the city of the owner's residence. A failure to make the appropriate report of loss or theft of the firearm can result in the suspension or permanent revocation of the owner's Firearm Identification Card or license to carry firearms in the Commonwealth.

Many times the guns that are stolen from everyday citizens are used to commit crimes in the community. Crimes involving guns may include the criminal possession of a gun. A possession of a gun may become illegal when:

  • The weapon of possession is illegal

  • A person is not allowed to possess a weapon

  • An individual carries a weapon in a particular area that prohibits firearms

It is illegal to possess a gun in a no-weapons zone, in a courthouse or other areas deemed illegal to carry a gun. Crimes involving a possession of a gun may include:

  • Carjacking with a deadly weapon

  • Battery with a deadly weapon

  • Armed robbery

Individuals who commit a crime utilizing a gun will make the incident more serious, resulting in a harsher penalty. A well-versed criminal defense attorney can discuss the possible outcomes and consequences of your case. Often a misdemeanor charge will become a felony charge if a gun is used to perpetrate the crime. Simple assault is often viewed as a misdemeanor with a lighter sentence, but assault with a deadly weapon will become a felony with harsher penalties and a longer jail sentence. Persons who usually cannot possess a gun include:

  • Minors

  • Mentally ill persons

  • Individuals with a felony conviction

  • Fugitives fleeing the law or justice

  • Illegal or unlawful aliens

There are many federal gun laws that have stiff penalties for crimes involving guns. You can serve up to 10 years for making a false statement to obtain a firearm. You can get up to five years in prison for carrying a gun inside a school zone. If you steal a firearm, ammunition, or explosives, you could face up to 10 years in prison. If you use or carry a firearm during the commission of a felony, your punishment could be five years to life in prison. In some cases, if a death occurred during the commission of a crime involving a firearm, you could receive the death penalty.

Crimes involving guns can have serious consequences and you may lose many of your rights and privileges if convicted. If you have been accused of crime involving a gun, you should immediately consult a criminal defense attorney. The outcomes can be devastating and may include significant jail or prison time and fines. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.