Unlawful Carrying of a Firearm
M.G.L. c. 269, s. 10(a) provides that any individual who knowingly has a firearm, rifle or shotgun in his possession, or knowingly has a firearm under his control in a vehicle, and commits one of the following shall be found in violation of this law.
- The individual was in possession of the firearm outside of his or her residence or place of business; or
- The individual does not have a valid license to carry firearms; or
- The individual did not comply with the provisions of the license to carry firearms; or
- The individual did not comply with the requirements for possession of an air rifle or BB gun; or
- The individual did not have a valid firearms identification card.
A conviction for this offense shall result in the following penalties for a first offense:
- Mandatory minimum imprisonment in the state prison for 2.5 years (no more than 5 years), or
- Mandatory minimum imprisonment in a jail or house of correction for 18 months (no more than 2.5 years).
- For a second offense, mandatory minimum imprisonment in the state prison for 5 years (no more than 7 years);
- For a third offense, mandatory minimum imprisonment in the state prison for 7 years (no more than 10 years); and
- For a fourth offense, mandatory minimum imprisonment in the state prison for 10 years (no more than 15 years).
- Imprisonment in the house of correction for not more than 2.5 years, which shall be tacked on to the original sentence and served sequentially.
As governed by M.G.L. c. 140, s 129C, a non-resident may possess a rifle or shotgun in Massachusetts:
- While hunting and in possession of a valid hunting license,
- While on a firing or shooting range,
- While traveling in or through Mass. if the rifle or shotgun is unloaded and enclosed in a case,
- While at a firearms show organized by a "regularly existing gun collector’s club or association."
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 the Unlawful Carrying of a Firearm, you need an attorney with the specialized knowledge of gun laws in Massachusetts. As this area of the law is very complex and laws vary state-by-state, only a relentless Massachusetts criminal defense attorney will have the skill and resources to help you understand and fight the charges against you. The Law Office of Patrick J. Murphy is a well-known and respected 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 Unlawful Carrying of a Firearm 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.