Massachusetts Legal Developments Blog

Responding to Charges of Possessing a Firearm

Over a dozen men are accused of offering firearms or money in exchange for sex. These charges arise after an undercover law enforcement sting in Boston. Over the course of one night, Boston police officers posing as prostitutes caught 13 men from throughout the country who agreed to pay for sex with firearms. These men are facing charges relating to prostitution and firearm possession. A conviction on charges of firearm possession can come with serious penalties, including time in jail and hefty fines.

Three Defenses to Possession of a Firearm

If you or a loved one is charged with possession of a firearm, there are some defenses that you can raise in response. Consider some of the following ways that people defend against possession of firearm charges:

  • With the momentary possession defense, the person charged with the offense admits that they had a firearm, but that the weapon was only in their possession for a short time until they could get rid of the firearm.

  • A justifiable possession defense requires the defendant to acknowledge that they had a firearm for a justifiable reason. Defendants may claim that they took the firearm from a person who was in the act of committing a criminal offense.

  • Sometimes, a felon is charged with possessing a firearm after law enforcement locates a weapon through a property seizure. Law enforcement is only permitted to search a person or property when they have a lawful search warrant. If no warrant exists, the search must be one of the exceptions to the warrant requirement. If police confiscate a firearm during an unlawful seizure or search, the defense can use this to raise a motion to suppress evidence. Remember, the Fourth Amendment protects against unreasonable searches and seizures.

Contact a Firearm Defense Attorney

If you or a loved one is charged with a crime related to firearm possession in Massachusetts, you should speak with an experienced attorney. Contact Attorney Edward R Molari today to schedule a free case evaluation.