Weapons & Gun Charges in Massachusetts

Many weapons or firearms/gun offenses, in Massachusetts have serious consequences if you are convicted. While you have a 2nd Amendment right to possess a firearm, the State can restrict this right in certain circumstances (Such as being a felon in possession of a firearm). Additionally, Massachusetts is one of the States where you need a license to carry a firearm.

Carrying a Dangerous Weapon

(Unlawful Possession: Guns, Dirk Knives, Swords, Machetes)

Some types of unlawful possession include possessing a firearm, or knowingly have one in your control in a motor vehicle, without a permit. or having a machine gun or sawed off shotgun, except as provided by law. It is also unlawful to carry other types of dangerous weapons.

Massachusetts General Laws Chapter 269 Section 10.Carrying a firearm without a license not in your home or at work carries a minimum mandatory sentence of 18 months and a maximum of 2.5 years in jail or 5 years in State’s Prison. Many District Attorney’s Offices will also seek to have you held on a high bail or without bail, as a danger to society.  There are several ways to defend a gun case.

If the gun was found in a house, apartment or car in which others have access then you may have a good defense at a jury trial.  If the police pulled you over, stooped you on the sidewalk or made it into your home and discovered the gun, you may have a motion to suppress the evidence.  Normally, there is a hearing where I cross examine the cops and present to the judge any memorandums of law that may help convince the Judge to toss out the evidence against you.  If you talked to the police, which you should not do before talking with a lawyer, you may have a motion to suppress your statements if they coerced you into talking, or they did not read you your Miranda Rights before questioning you in custody or when you are not otherwise free to leave.  Don’t just give up and go to jail.  Call attorney Bradley now and start preparing your best defense now.

Assault and Battery By Means Of A Deadly Weapon

Massachusetts General Laws Chapter 265 Section 15A

To obtain a conviction the prosecutor must prove beyond a reasonable doubt that you:

touched someone else, however slightly and that he did so without an excuse or the right to do so;
The touching was intentional, not by accident or with negligence;
The touching was done with a dangerous weapon.

Just about any type of object can be considered a dangerous weapon, depending on how it is used.

If you are found guilty of Assault & Battery with a deadly weapon you face up to 2 1/2 years house of corrections  if found guilty at district court, and up to 10 years prison from superior court. Some types will include enhanced penalties. Such as, if the victim was over 60 years of age, causing serious bodiliy injury, when the victim is pregnant, if there was a restraining order in place, or if you are above 17 and the victim was under the age of 14.

Unlawful Possession of a Rifle or Shotgun on a Public Way

It is generally unlawful to carry a rifle or shotgun on a public way. A public way is a street, sidewalk, or public grounds maintained by the city or state.

Massachusetts General Laws Chapter 269 Section 12d

Possession of a Firearm While Committing a Felony

It is against the law to possess a gun while committing a felony.

In certain cases, if you commit a felony and have a gun on you, you can be charged with this offense. It does not matter if the gun is loaded, or if you use it or not. The penalties are harsh including mandatory 5 years for a first offense, and 20 years for a second offense.

Massachusetts General Laws Chapter 265 Section 18b


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