If you’ve been charged with the illegal possession of a firearm in Massachusetts, it’s important that you understand the charges against you. Call a criminal defense lawyer for counsel. 

While you may believe that the Second Amendment to the United States Constitution provides you with the right to bear arms, there are some cases where the possession of a firearm is illegal in our state. If you have been charged with the illegal possession of a firearm, it’s important that you understand the charges against you and your legal options for defending yourself. At The Law Office of Paul R. Moraski, our skilled criminal defense lawyer can help. Call us today to learn more.

What Is the Illegal Possession of a Firearm?

As found in Massachusetts General Laws Chapter 269 Section 10, it is unlawful to have in your possession a firearm when: 

• You are not in your home or place of business; or
• You do not have a license to carry a firearm; or
• You have an illegal weapon in your possession, such as a machine gun. 

Keep in mind that even if you are licensed to carry a firearm outside of your home or business, it is unlawful to do so any time that you are under the influence of alcohol or drugs. Note that it is also a separate crime to carry a rifle or shotgun that is loaded on a “public way,” and also a crime to carry a firearm on school or university property. So, an example scenario might be a situation where you have a license to carry a firearm, but you enter a university setting. In this instance, if you have your firearm on you, you are in violation of the law. 

What’s the Penalty for Illegal Possession of a Firearm?

If you are found with a firearm in your possession, which includes a firearm in a vehicle that is under your control, a firearm–regardless of whether or not that firearm is loaded or unloaded–you can be charged with the illegal possession of a firearm if you do not meet one of the statutory exceptions listed above (you’re in your home, you have a license, and the firearm that you are carrying is not an illegal weapon). 

If you are found guilty of the offense, you could face either:

• 2.5 to five years in state prison; or 
• 18 months to 2.5 years in a jail or house of correction; or/and
• A fine. 

Because the specifics of potential penalties face range based on the specifics of the crime committed, it is best to consult with an experienced attorney first. 

Call The Law Office of Paul R. Moraski Today

It can be intimidating to be charged with a weapons crime, and if you are convicted of illegal possession of a firearm, it is likely that imprisonment is just one of the consequences that you will face – you’ll also have a mark on your permanent record that could impair your future opportunities. But there is hope available, and you have the right to be found innocent until proven guilty. 

At The Law Office of Paul R. Moraski, our experienced Massachusetts criminal defense attorney can assist you. Call our law firm today to schedule a consultation and learn more about what to do if you’ve been charged with the illegal possession of a firearm in Massachusetts.