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Carrying a Firearm Under the Influence

Licensed gun owners have an awesome responsibility when it comes to ensuring that they keep their firearms safe and that they act in an appropriate manner while they are exercising their right to carry. Massachusetts Laws pertaining to guns and firearms are some of the most regulated and strict laws that exist today in the United States. Massachusetts Law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. The safety of its citizens is a well-recognized objective in Massachusetts, and thus the Commonwealth requires an individual to have passed a State approved firearm safety course before applying for a license. Also in an effort to ensure safety of gun owners and the community at large, the Commonwealth makes it is a crime to carry a firearm while under the influence of drugs or alcohol. This law applies whether you are an ordinary citizen or a police officer, and even if you are licensed to carry the weapon. On the other hand, this provision does not prohibit a licensed individual under the influence from transporting an unloaded firearm in the locked trunk of his or her motor vehicle, unless the individual is over the legal limit of 0.08%, in which case it is against the law to operate a motor vehicle with or without the existence of a firearm. Unlike the law regarding operating under the influence (OUI), this charge does not contain a provision defining "under the influence.” Massachusetts laws governing OUI dictate that a person must register a 0.08% or higher when tested for blood alcohol concentration (BAC) to be charged with operating under the influence. If you or someone you know has been charged with a firearm offense such as Carrying a Firearm Under the Influence, it is essential that you speak to a qualified Massachusetts firearms defense attorney that is prepared to vigorously enforce your constitutional gun rights. While this crime is a misdemeanor, a conviction can have serious unwanted repercussions including loss of your gun license, probation, fines and even imprisonment. There may be many defenses available depending on the facts of your case and Attorney Patrick Murphy will be able to assess your case and formulate the appropriate legal response to successfully defend the charges.

M.G.L. c. 269, § 10(h) dictates 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, stimulant substances, or the vapors of glue shall be held in violation of this law. A conviction for this offense is punishable by the following:

  • A fine of not more than $5,000 or
  • Imprisonment in the house of correction for not more than 2.5 years, or
  • Both such fine and imprisonment.
Boston, Massachusetts Unlawful Carrying of a Firearm Defense Attorney

The right to bear arms is an enumerated right protected by the Second Amendment of the United States. However, laws pertaining to the carrying of such weapons are very strict and aggressively policed. If you have been charged with a crime such as Carrying a Firearm Under the Influence, you need a Massachusetts gun rights attorney with the specialized knowledge of gun laws in Massachusetts. As this area of the law is very complex, fraught with negative collateral consequences and laws vary state-by-state, only a relentless Massachusetts criminal gun rights defense attorney will have the skill and resources to help you understand and fight the weapons violations charges against you. The Law Office of Patrick J. Murphy is a well-known and respected gun rights criminal defense firm which has been offering legal services to the greater Boston area for over 18 years. Attorney Patrick J. Murphy has the tactical skills and courtroom know-how to construct the most aggressive defense for your Carrying a Firearm Under the Influence case or Massachusetts firearm law violation case. To contact Attorney Murphy for a free and confidential discussion of your case, please call (617) 367-0450 or email him directly using our online contact form.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
★★★★★
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
★★★★★
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
★★★★★
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User