Gun Charges Defense Attorney Massachusetts

Massachusetts has some of the strictest gun and firearm laws in the country. Most charges carry mandatory minimum sentences that cannot be suspended. We defend individuals facing gun charges throughout Essex County and Eastern Massachusetts.

Call (978) 705-4537 for a free consultation available 24/7.

Being charged with a gun or firearm offense in Massachusetts is serious because of the mandatory minimum sentences involved. We have defended people facing firearms charges for over 30 years in Massachusetts courts.

Call (978) 705-4537 for a free consultation.

If you are reading this, you are likely staring at charging documents that mention a mandatory minimum sentence. The law in this area is complicated, and the specific subsection you are charged under will determine almost everything about your case: whether the offense is a misdemeanor or a felony, whether a conviction would carry mandatory time in jail or in state prison, and what defenses are available. The 2024 Massachusetts Firearms Modernization Act made significant changes to how these cases are charged and prosecuted, expanding the legal definition of "firearm" and removing some of the prosecution's traditional burdens at trial.

Massachusetts recognizes several distinct types of gun and firearm charges, classified primarily by where the firearm was located, what type of firearm was involved, and whether the person had a valid License to Carry (LTC) or Firearm Identification (FID) card.

This is the most serious unlicensed possession charge, and the most commonly charged. The statute reaches two distinct fact patterns: knowingly possessing a firearm outside your home or place of business on your person, and knowingly having a firearm under your control in a vehicle. The vehicle prong is how most of these cases arise. Police make a traffic stop, develop reasonable suspicion or probable cause to search the vehicle, find a firearm in the glove box, under a seat, in a center console, or in the trunk, and the driver or any passenger with constructive control of the firearm can be charged.

Under the 2024 Firearms Modernization Act, the term "firearm" now includes rifles, shotguns, and even unfinished frames or receivers, not just handguns as before. To convict, the Commonwealth must prove that you knowingly possessed the firearm and that you did not have a valid License to Carry. After the Supreme Judicial Court's 2023 decision in Commonwealth v. Guardado, the Commonwealth bears the burden of proving the absence of a license, rather than licensure being treated as an affirmative defense the accused must raise.

A conviction carries a mandatory minimum of 18 months in jail, with a maximum of 2.5 years in a house of correction or up to 5 years in state prison. The mandatory minimum cannot be suspended.

When an unlicensed firearm charged under section 10(a) is loaded, section 10(n) imposes an additional sentence upon conviction. The enhancement adds up to 2.5 years in a house of correction, served consecutively to the sentence imposed for the underlying section 10(a) violation. In Commonwealth v. Brown, 479 Mass. 600 (2018), the Supreme Judicial Court held that section 10(n) is a sentencing enhancement and not a stand-alone offense, which means it attaches only when there is an underlying section 10(a) conviction.

Many vehicle cases involve a 10(a) and 10(n) pairing because police typically discover the firearm during a search and check for ammunition at the same time. To prove the enhancement, the Commonwealth must prove the defendant knew the firearm was loaded, which is a separate element from possession of the firearm itself. Where there is a real question about whether you knew the firearm was loaded, this element provides a defense angle even when the underlying possession charge is harder to challenge.

If a firearm or ammunition is found in your home or place of business and you do not have an FID card or LTC, this is a misdemeanor. It is punishable upon conviction by up to 2 years in a house of correction and a fine of up to $500 for a first offense, or up to $1,000 for a subsequent offense. There is no mandatory minimum sentence under this subsection. Importantly, this same statute covers possession of ammunition without an FID card, regardless of where the ammunition is found. A continuance without a finding (CWOF) may be available for first-time offenders, particularly where the firearm was stored properly and the offense reflects a lapsed or expired license rather than affirmative wrongdoing.

Possession of a machine gun, fully automatic firearm, or sawed-off shotgun is among the most serious firearms charges in Massachusetts. The 2024 Firearms Modernization Act expanded the definition of "machine gun" to include bump stocks, trigger cranks, Glock switches, and auto sears. A sawed-off shotgun is defined as a shotgun with a barrel length less than 18 inches or an overall length less than 26 inches.

Upon conviction, the penalty range starts at an 18-month mandatory minimum and reaches up to a life sentence. Many cases turn on whether the device the police seized actually fits the statutory definition of a machine gun, particularly with components like trigger modifiers that have been swept into the new definition.

Possession of a large capacity firearm or large capacity feeding device without proper licensing carries a mandatory minimum of 1 year upon conviction, with a maximum of 10 years in state prison or 2.5 years in a house of correction. Under the 2024 Act, a "large capacity firearm" includes any semi-automatic firearm capable of accepting a detachable large capacity feeding device (more than 10 rounds for handguns or rifles, more than 5 rounds for shotguns), as well as assault-style firearms and rotating-cylinder firearms exceeding those round limits.

This is a separate charge that adds to whatever underlying felony is alleged. If you possessed a firearm while committing or attempting to commit any state-prison felony, conviction carries a mandatory minimum of 5 years in state prison, served consecutively to whatever sentence is imposed for the underlying felony. If the firearm was a large capacity firearm or machine gun, the mandatory minimum upon conviction increases to 10 years. The charge applies even when the firearm was not used or displayed during the underlying offense.

This charge applies even if you have a valid License to Carry. If you carry a loaded firearm on your person, or have one under your control in a vehicle, while under the influence of alcohol, marijuana, narcotics, depressants, or stimulants, you can be charged under section 10H. Conviction carries up to 2.5 years in a house of correction and a fine of up to $5,000. License revocation typically follows conviction.

The Armed Career Criminal (ACC) enhancement is not a separate charge but a sentence enhancement that prosecutors apply when an unlicensed firearm charge is paired with prior convictions for violent crimes or serious drug offenses. ACC mandatory minimums upon conviction range from 3 years (one qualifying prior) to 10 years (two qualifying priors) to 15 years (three or more qualifying priors). Successful challenges often turn on whether prior convictions actually qualify as "violent" or "serious drug" offenses under the statute, and the specific elements of those prior offenses matter enormously.

Massachusetts requires firearms to be stored in a locked container or equipped with a tamper-resistant mechanical locking device. Improper storage is often charged alongside other firearms offenses, even when no harm has occurred and no minor accessed the weapon. Penalties vary based on the type of firearm involved and whether a minor or other unauthorized person actually accessed it.

This is a new offense added by the 2024 Firearms Modernization Act. It criminalizes carrying a firearm in government buildings (including courthouses), polling places, and other locations designated as "prohibited areas," even by people with valid LTCs. Conviction carries a fine of up to $1,000 and up to 2.5 years in a house of correction. A defense exists if the firearm was securely stored in a vehicle in compliance with the law.

We know you are already thinking about what happens next. Most Massachusetts gun and firearm charges carry mandatory minimum sentences upon conviction that cannot be suspended, and convictions also bring a permanent criminal record, federal prohibitions on possessing firearms, immigration consequences for non-citizens, and significant impact on employment and professional licenses.

If convicted of unlicensed possession outside the home, Massachusetts law imposes a mandatory minimum of 18 months in jail. A conviction for possession of a firearm during commission of a felony carries a mandatory minimum of 5 years in state prison, consecutive to the underlying felony sentence. Upon conviction of a charge involving a machine gun, sawed-off shotgun, or large capacity firearm, the penalty ranges escalate sharply, up to a life sentence in the most serious cases.

Beyond incarceration, a conviction strips your right to possess firearms in Massachusetts and triggers federal disabilities under federal law. For non-citizens, firearms convictions often trigger removal proceedings. Employment becomes harder in any field requiring a clean record, particularly law enforcement, security work, government contracting, and any role requiring a professional license. Custody determinations can also be affected.

The mandatory minimum framework makes early, aggressive defense work essential. Many of these charges turn on Fourth Amendment issues, the prosecution's ability to prove possession, and the now-shifted burden of proving lack of licensure. The earlier we are involved, the more options you may have.

Right now it may feel like there are no options. There are. Massachusetts gun cases are often defensible, and the same complexity that makes the law harsh also creates opportunities to challenge the prosecution.

‍Fourth Amendment Suppression. Most firearms cases begin with a stop, a search, or a frisk. If the police lacked reasonable suspicion to stop you, probable cause to search, or a valid warrant, the firearm may be suppressed. When the gun is suppressed, the case typically falls apart. Examination of the police narrative, body camera footage, and any informant information is often the most productive starting point.

‍Lack of Possession. The Commonwealth must prove you actually possessed the firearm. In cases involving cars, shared apartments, or items found near multiple people, "constructive possession" requires proof you knew about the firearm and had the ability and intent to control it. Mere presence near a firearm is not enough.

‍Residence or Place of Business Exemption. Section 10(a) does not apply if the firearm was in your home or place of business. The definition of "residence" is broader than just inside the dwelling and can include certain areas around it. This exemption is fact-specific and frequently contested in cases involving driveways, common areas, and outbuildings.

‍Lack of Knowledge. If you did not know the firearm was present, for example as a passenger in someone else's vehicle, the prosecution cannot meet its knowledge element. This defense is most powerful when the firearm was hidden or belonged to another occupant.

‍Failure to Prove Licensure. After Commonwealth v. Guardado, the Commonwealth bears the burden of proving you were unlicensed. If the prosecution cannot meet this burden through proper evidence, the charge fails.

‍Definitional Challenges. Whether an item meets the statutory definition of "firearm," "machine gun," or "large capacity firearm" can be contested. The 2024 Firearms Modernization Act added new edges to these definitions, and not every item the police seize will qualify.

‍Necessity. In rare cases involving a direct and immediate threat of death or serious injury, the necessity defense may excuse momentary possession. Every case is different.

Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Preserve any evidence that might help your case, including documentation of any out-of-state firearms license
● Write down everything you remember about the stop, search, or arrest while it is fresh
● Do not post anything about your case on social media
● If you have other firearms or ammunition at home, do not handle them or move them; speak to your lawyer first Follow all court orders and conditions of release exactly
● Contact an experienced Massachusetts criminal defense attorney immediately

Call (978) 705-4537 for a free consultation 24/7.

The mandatory minimum sentences in Massachusetts firearms law make the early hours and days of your case the most important. Get experienced help now.
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