Massachusetts Legal Developments Blog

Unlawful Possession of a Gun

Unless you fit certain exemptions outlined in MGL c. 269 s. 10, you can face a stiff penalty for knowingly possessing or knowingly having a firearm (loaded or unloaded) in your car. In the Commonwealth, you can face a mandatory minimum 18 months in jail or up to five years in state prison. If you have been charged with unlawful possession of a firearm, you should speak with a criminal defense attorney immediately about your case.

Massachusetts has the most regulated and strict laws in the nation concerning guns and firearms.  In fact, Massachusetts does not recognize gun permits from other states. Licensed gun owners in the Commonwealth have to be responsible gun owners who take gun laws and safety seriously while they exercise their right to carry.

In order to be convicted for the unlawful possession of a firearm, the prosecution must prove four factors beyond a reasonable doubt.

  • The prosecution must prove that you possessed the firearm on your personage (body) or inside your car.

  • The prosecution must prove that the weapon you possess is a firearm. Under Massachusetts law, a firearm is defined as a pistol, revolver, or another weapon, whether loaded or unloaded. The firearm must be capable of discharging a shot or bullet with a barrel length less than 16 inches. The prosecution must prove that these elements are a part of the definition of a firearm.

  • The prosecution must prove that you knowingly possessed a firearm, whether loaded or unloaded. If someone else placed the firearm in your car without your knowledge, you cannot be convicted.

  • The prosecution must prove you did not have a valid license to carry or did not have the required registration card to carry that firearm in the state of Massachusetts.

If you have been charged with the unlawful possession of a gun, whether loaded or unloaded, you need to speak with a knowledgeable criminal defense attorney who can create a defense strategy that can help your case.

M.G.L. c. 269, § 10(h) decrees that any individual who carries on his person or has under his control in a vehicle a loaded firearm while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, or stimulant substances will face stiff penalties if convicted. A conviction for this offense is punishable with a fine up to $5,000 and imprisonment in a house of correction for up to two and a half years. You may be required to serve time and pay a fine. Gun charges in the Commonwealth are serious and can affect your ability to find employment or housing. When you are facing gun charges of any kind in Massachusetts, you need to seek legal advice immediately.

If you have been charged with unlawful possession of a gun or firearm, whether it is a loaded or unloaded gun, you need to contact a criminal defense attorney. The consequences can be devastating and life changing. 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.