Massachusetts General Laws Chapter 269 Section 10(a) prohibits unlawful carrying of a firearm. The legal definition of a firearm is (1) a weapon (2) capable of discharging a bullet or shot, whether loaded or unloaded (3) with a barrel length under sixteen inches. To convict a defendant of this crime, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant possessed a firearm as defined above. Having a firearm under one’s control in a vehicle also satisfies this element. To prove that the firearm was under the defendant’s “control,” the prosecutor has to show that the defendant had knowledge that the firearm was in the vehicle and had the ability and intention to exercise control over the firearm. The prosecutor does not have to prove that the defendant had exclusive control.
2. The defendant knew that he possessed the firearm or knew that he had a firearm under his control in a vehicle. If the firearm in question is a conventional one, the prosecutor does not have to prove that the defendant knew that the firearm met the legal definition.
   
   A defendant is exempted if he:
   1. Was at or on his residence or place of business. This only includes areas over which the defendant had exclusive control. It does not include common areas;
   2. Had a license to carry a firearm under G.L.c. 140, §131 or G.L. c. 140 §131F;
   3. Abided by the provisions of G.L.c. 269, § 12B dealing with possession of a BB gun or air rifle.
   4. Abided by the provisions of G.L.c. 140, §§ 129C and 131G, which offer categorical exemptions.
   
   For one of these exemptions to apply, the defendant has the burden to produce evidence. The prosecutor then has a burden of persuasion beyond a reasonable doubt that the exemption does not apply.

This law also prohibits unlawful carrying of a shotgun or rifle. The legal definition of a rifle is: (1) a weapon (2) capable of discharging a bullet or shot, whether loaded or unloaded (3) that has a barrel length of sixteen inches or more. The legal definition of a shotgun is: (1) a weapon (2) capable of discharging a bullet or shot, whether loaded or unloaded (2) that has a barrel length of eighteen inches or more and an overall length of twenty-six inches or more. To convict a defendant of this crime, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant possessed a rifle or shotgun as defined above. Having a rifle or shotgun under one’s control in a vehicle also satisfies this element. To prove that the firearm was under the defendant’s “control,” the prosecutor has to show that the defendant had knowledge that the rifle or shotgun was in the vehicle and had the ability and intention to exercise control over the rifle or shotgun. The prosecutor does not have to prove that the defendant had exclusive control.
2. The defendant knew that he possessed the rifle or shotgun or knew that he had a firearm under his control in a vehicle. If the firearm in question is a conventional one, the prosecutor does not have to prove that the defendant knew that the firearm met the legal definition.
   
   The first three exemptions listed above apply. However, the following two exemptions are different:
   1. Having a firearms identification card under G.L.c. 140, § 129B.
   2. Complying with G.L.c. 140, §129C dealing with ownership or possession of rifles and shotguns.
   
   Again, for one of these exemptions to apply, the defendant has the burden to produce evidence. The prosecutor then has a burden of persuasion beyond a reasonable doubt that the exemption does not apply.

The unlawful carrying of a firearm is punishable by a mandatory state prison sentence of two and one half years. The sentence cannot be reduced to less than 18 months, and probation or parole are not available until 18 months are served.

The unlawful possession of a firearm is prohibited by Massachusetts General Laws Chapter 269 Section 10 (h). The legal definition of a firearm is as stated above. To convict a defendant of this crime, the prosecutor must prove the following elements beyond a reasonable doubt:

1. The defendant possessed a firearm as legally defined.
2. The defendant knew that he possessed that firearm. To clarify, this means that the defendant both knew that he possessed an item and knew that that item was a firearm. If the firearm in question is a conventional one, the prosecutor does not have to prove that the defendant knew that the firearm met the legal definition.

The defendant is exempted from the statute if he had a firearm ID card or a lawful substitute for such a card.

For one of these exemptions to apply, the defendant has the burden to produce evidence. The prosecutor then has a burden of persuasion beyond a reasonable doubt that the exemption does not apply. Therefore, if the defendant produces evidence that he has a firearm ID card, the prosecutor must prove beyond a reasonable doubt that the defendant did not. The prosecutor never has to prove the defendant’s knowledge that he was legally required to have a firearm ID. If the defendant produces evidence that he qualified for a legal exemption that is a substitute for having a firearm ID card, the prosecutor must prove beyond a reasonable doubt that the defendant did not so qualify. If the defendant fails to produce evidence that he had a firearm ID card or a lawful substitute, it is irrelevant and the prosecutor does not have to persuade beyond a reasonable doubt that the exception doesn’t apply.

In addition to firearms, this law applies to rifles, shotguns and ammunition. It also applies to “transferring possession” or “owning” in addition to possessing.

Unlawful possession of a firearm is punishable by up to two years in a house of correction or a fine of up to $500.

Call the Law Offices of Stephen Neyman, P.C. at 617-263-6800 or contact us online today if you are faced with this or any criminal charge.