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Possess Firearm/Ammunition without FID Card (269/10)

Please see: An Overview of Firearm Charge Defenses in the Commonwealth of Massachusetts.

Possession Without FID Card

In Massachusetts it is illegal to knowingly possess a gun without being previously licensed.  The charge of possession of a firearm also extends to possession of mere ammunition.

Strict Penalties

and carries very strict penalties, including a mandatory minimum sentence, and the Commonwealth routinely prosecutes them vigorously.  Worse yet, due to recent legislative enactments, persons charged with merely possessing a firearm may be the subject of "dangerousness hearings," where the Commonwealth can ask that the defendant be held without bail for up to 90 days.  You should consult with an attorney experienced with those hearings in order to be prepared for the worst when you go into court.

Search and Seizure

In most cases of possession of a firearm without an FID card, the primary issue is the manner in which the police uncovered the weapon.  There are strict constitutional rules regarding when and how the police may search you, your house, or your car, and where those rules have been violated, the evidence is excluded from court.  You should contact an attorney to find out how those rules apply to your case, and whether the police complied with them.

If you or someone you know has been charged with a firearm offense, contact me to set up a free and confidential consultation.

 

See: G.L. c. 269 s. 10; Dangerousness Hearings; An Overview of Firearm Charge Defenses in the Commonwealth of Massachusetts.