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Massachusetts Carrying a Firearm Lawyer

Carrying a Firearm in Massachusetts has one of the most strict penalties for crimes in Massachusetts. Essentially, just merely having a firearm in your possession without a license in certain circumstances can get you a hefty 18 month mandatory minimum jail sentence. 

This is why it is so important to have a lawyer who understands the laws to help represent you if you are charged with Massachusetts Carrying a Firearm. Attorney David Ellison is an experienced Massachusetts  criminal defense firearms lawyer who has represented numerous defendants who have been charged with Carrying a Firearm in the Commonwealth of Massachusetts. 

What are the Elements of Carrying a Firearm in Massachusetts? 

  • That you possessed a firearm or that you had a firearm under your control in a vehicle;
  • That what you possessed or had under your control in a vehicle met the legal definition of a “firearm”;
  • That you knew that you possessed a firearm or had a firearm under your control in a vehicle; 
  • That you possessed the firearm outside of your residence or place of business. Your “residence” or “place of business” does not include common areas of an apartment or office building, but only areas that are under your exclusive control;
  • That you did not have a valid license to possess a firearm outside your home or office;
  • That you did not qualify for one of the exemptions in the law that are a substitute for having a license to possess a firearm outside your home or business.
 

What are the Penalties for Carrying a Firearm in Massachusetts?

Felony criminal conviction

Mandatory Minimum 18 months in the House of Correction (must serve 18 months)

Maximum 2.5 years in the House of Correction

or

Mandatory Minimum 2.5 years in the State Prison (must serve 2.5 years)

Maximum 5 years in the State Prison 

What Are Some Laws for Carrying a Firearm? 

The law for Carrying a Firearms comes from Massachusetts General Laws c. 269, § 10(a) which states the following: 

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or

(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or

(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or

(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.

The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person 18 years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and 18 so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.

The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.

If you or a loved one is charged with Carrying a Firearm, do not hesitate to contact an experienced Massachusetts Carrying a Firearm Lawyer today to help you with representation. You can call Attorney David Ellison today at 401-230-5520.  

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When you hire Attorney David Ellison, not only are you getting a skilled, experienced, and aggressive lawyer in your corner, but you're getting a lawyer who understands the importance of empathy, honesty, and trustworthiness. Attorney Ellison is a lawyer who loves to advocate for you.

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