Massachusetts Legal Developments Blog

Illegal Firearm Charges in Massachusetts

A Massachusetts Appeals Court recently ruled that law enforcement in the state did not have a reasonable ground to deny a business owner a gun license, and subsequently ordered the department to issue the man a license for self protection. As a business owner, the man sought a firearm because he is responsible for closing the store at night and making cash deposits at a bank and was recently robbed at gunpoint.

After the man was robbed at gunpoint, it was suggested by law enforcement that the man obtain a license to carry a firearm. As a result, the man went to a police station in Dorchester in 2013 and applied for a firearm license. Despite the man stating that he needed the firearm for self protection, the officer who helped him wrote “sport and target” down on his application. The man later received a Class A license to carry a firearm, which was limited to sport and target.

Law enforcement later wrote the man a letter stating that he had failed to demonstrate an adequate purpose for holding an unrestricted firearm license. Law enforcement also later argued that the recommendation that the man obtain a firearm for protection was really the result of a misunderstanding, citing the man’s criminal history.

While the man had not been convicted of a crime, he was charged with various nonviolent crimes between 2005 and 2010. After petitioning a Boston court for judicial review, the court later held that law enforcement in Massachusetts has a right to prohibit individuals who are classified as “unsuitable” from receiving firearm licenses.

The Second Amendment to the United States Constitution guarantees each person the right to bear arms. While the Second Amendment is recognized by many people as a fundamental American right, the right has also become a great source of controversy over the last few years. Currently, Massachusetts has several laws prohibiting the use of firearms in the state, which will be reviewed below.

Illegally Carrying Firearms

Massachusetts law prohibits individuals from knowingly possessing a loaded or unloaded firearm provided that several conditions are met. First, that person must not be present at his or her own residence or place of business, the person must not have a required firearm license, and the person must possess an illegal weapon.

Possession of an Unlicensed Firearm at Home or Work

Laws in Massachusetts prohibit individuals from possessing firearms without a license or permit even if that individual is located in his or her residence or place of business. Violations of these laws result in penalties of two years maximum imprisonment.

Carrying a Firearm on a Public Path

Massachusetts law prohibits individuals from carrying firearms on a public way, which includes streets, sidewalks, or other public areas. If a firearm is loaded, a person can end up facing a maximum of two years in prison as well as substantial fines.

Possession of a Firearm in Commission of a Felony

If a person is charged with a felony and possessed a firearm during the commission of an offense, he or she can expect to be charged with additional criminal penalties.

Obtain the Services of a Skilled Criminal Defense Lawyer

When it comes to illegal firearm possession in Massachusetts, there are a number of serious charges with which a person in Massachusetts can be charged. Contact Attorney Edward Molari today to schedule an initial free case evaluation. Attorney Molari understands the complex issues that can arise in these cases and will remain committed to creating the strongest defense possible.