Experienced Boston Gun Possession Defense Lawyer

What Is Illegal Firearm Possession in Massachusetts?

Illegal firearm possession in Massachusetts is knowingly carrying or unlawful possession of a firearm without a license to carry (LTC) or other authorization required by Massachusetts law. Depending on the circumstances, a violation may be charged as a felony or misdemeanor and can carry mandatory minimum jail sentences. Attorney Stephen Neyman represents people facing illegal gun possession in Massachusetts and other weapons charges in Boston and courts throughout the state.

Massachusetts has the most uncompromising gun laws in the country. You need a license to carry (LTC) a handgun in this state. If you are caught in possession of a gun and do not have an LTC, you are facing a mandatory 18-month house of correction sentence. Even if you are licensed to carry in another state, if you do not have a Massachusetts LTC, you can be found guilty of gun possession. Your right to carry in your state does not permit gun possession in Massachusetts.

Attorney Stephen Neyman is a Massachusetts criminal defense lawyer who represents people charged with carrying firearms without a license, unlawful possession of firearms, improper storage of firearms, possession of large-capacity weapons, and other Massachusetts gun crimes. With more than 38 years of criminal defense experience, he represents clients in Boston and courts throughout Massachusetts.

This page provides general information, not legal advice. Firearm statutes and licensing rules change, and outcomes depend on the specific facts and current law.

What Constitutes Illegal Possession of a Firearm?

Felony possession of a firearm in Massachusetts is governed by G.L. c. 269 §10(a). A conviction for this crime is the mandatory 18-month sentence discussed above. This law requires that for the government to prove you guilty of unlawful gun possession, five things must be proven beyond a reasonable doubt:

1. That you were in possession of the gun. The legal definition does not require you to actually carry the gun. It just needs to be in your control with your knowledge. You also need the intent and ability to control the gun;
2. The gun needs to meet the legal definition of a firearm. This is met if the gun can shoot bullets and its barrel is less than 16 inches;
3. You must know that the gun is in your possession;
4. That you did not have a valid LTC, and;
5. That you did not meet some other exception to the LTC requirement

Does Possessing a Loaded Firearm Increase the Penalty?

Yes. If the gun was loaded, you could be facing an enhancement. G.L. c. 269 section 10(n). If convicted, the enhancement can result in a sentence to be served from and after the mandatory 18 months.

Is Jail for Illegal Gun Possession Always Mandatory?

No, jail is not always mandatory for unlawful gun possession in Massachusetts. There is also a misdemeanor version of this law. That statute, G.L. c. 269 section 10(h). This crime does not have a mandatory sentence. Reducing the 10(a) to a 10(h) is often a concession for people who are licensed in other states and simply forgot that they had their gun in their possession.

Examples Of Gun Possession Felonies Reduced to Misdemeanors:

• An individual permitted to carry in a neighboring state gets pulled over. He forgot to leave his gun at home. He gets arrested or summonsed for a 269 section 10(a) violation. Acknowledging the mistake, the district attorney’s office agrees to reduce the charge;
• Another example is when someone has a travel bag in which they always carry a gun. They forget the gun is in the bag, and they travel to Logan Airport to go on vacation. They put the bag on the TSA conveyor belt and get arrested or summoned for a gun possession charge.

What Are Some Defenses to Gun Charges in Massachusetts?

Lack of Possession

A person cannot be convicted just because a firearm was near them. The prosecution must prove actual possession or constructive possession, which requires sufficient control over the weapon.

Valid LTC

A valid LTC or license to carry in Massachusetts may provide a defense to gun possession in Massachusetts.

New Resident Exemption

The “new resident exemption” under G.L. c. 140 §129C(j) gives a 60-day grace period once you move to Massachusetts to get your LTC.

Lack of Knowledge

The district attorney must prove that the defendant knew about the firearm. This issue can arise when a gun is found in someone else’s vehicle, apartment, bag, home, or other shared location.

Illegal Search and Seizure

A firearm may be suppressed if police obtained it through an unconstitutional stop, search, or seizure.

The Gun Does Not Meet the Legal Definition of a Firearm

To establish the definition of a firearm in Massachusetts, the prosecution must show that the gun is capable of firing a bullet and that the barrel of the gun does not exceed 16 inches.

Defending Against Firearm, Guns, and Weapons Charges

The Law Offices of Stephen Neyman has over 38 years of experience defending individuals against a vast array of firearm, gun, and other weapon charges. When you are facing a gun or weapons charge, your entire future is at stake. These crimes carry harsh penalties and often mandatory jail time. You need to hire a reputable, respected, and defense attorney to represent you. You need the best representation to provide you with the best chance at avoiding a conviction. Stephen Neyman provides unprecedented representation against weapons charges. Our team of skilled Massachusetts gun crime defense attorneys will expertly defend your case from the investigative stages all the way to trial, if that point is reached. Call us today at 617-263-6800 for a free phone consultation.

Gun Charge Questions and Answers FAQ

Should I Hire a Lawyer For a Gun Charge in Massachusetts?

1. You absolutely should hire a lawyer for any gun crime charge in Massachusetts. More importantly, you should do so immediately;
2. Not everyone who gets caught with an illegal firearm in Massachusetts gets arrested. Sometimes people get summoned to court for a clerk magistrate hearing. There are times when a magistrate does not issue a criminal complaint. For instance, if you are properly licensed in your state of residence and forgot that the firearm was in your car, a compassionate magistrate might not issue the complaint. You need a lawyer to advocate this for you;
3. Other times, you will receive a summons for an arraignment. At the arraignment, your lawyer can oppose a request for bail. Similarly, your lawyer can object to any conditions the district attorney may ask for. A lawyer might ask for a continuance of the arraignment to properly establish reasons why you should not be prosecuted

Will I Go To Jail If I Am Charged With Gun Possession in Massachusetts?

• There are many situations where people charged with unlawful possession of a firearm do not go to jail;
  • If your constitutional rights were violated, you can avoid jail
  • If the gun was not in your possession, you can avoid jail
  • If you did not know that the gun was in your presence, you can avoid jail
  • If the gun crime you are charged with is a misdemeanor, you can avoid jail
  • If you lawfully owned the gun at any time, you might be able to avoid jail
  • If you just moved to Massachusetts, you can avoid jail

• There are countless scenarios to Massachusetts gun crime charges that enable you to avoid going to jail

Can A Gun Case Be Continued Without a Finding?

• Gun cases in Massachusetts can be continued without a finding provided:
  • The gun charge is a misdemeanor
  • If the charge is a felony, you can get a CWOF if the prosecutor agrees to reduce the felony to a misdemeanor;
  • If you are charged with a gun crime other than unlawful possession, such as improper storage, you can get a CWOF

Can a gun charge in Massachusetts be dismissed?

Yes. A Massachusetts gun charge can be dismissed depending on the legal issues and the facts in the case.

A firearm charge can be dismissed if the police conducted an illegal search and seizure, if the district attorney is unable to prove an element of the crime charged, where there is insufficient evidence, where the defendant did not knowingly possess the weapon, and where the district attorney cannot connect the gun to the defendant.

Can I be charged with gun possession if I did not know the gun was there?

Yes, you can be charged with firearm possession if police find a gun in an area connected to you. A gun found in a car, bag, apartment, or other location associated with the accused may provide enough evidence to charge you with a gun crime, but the district attorney needs much more to convict you. The prosecution must prove, however, that you knowingly possessed the gun.

Lack of knowledge may serve as a defense. The argument for acquittal or dismissal might focus on the gun belonging to someone else, whether there is evidence showing that the defendant had no knowledge and control of the weapon, and whether other people had access to the firearm. The facts surrounding the place where the gun was found by the police are critical.

Is carrying a gun without a license a felony in Massachusetts?

Carrying or possessing a firearm in Massachusetts can be either a felony or a misdemeanor, depending on how the case is charged. If the crime is charged under G.L. c. 269 §10(a) it is being charged as a felony there is a mandatory minimum sentence that must be imposed upon a conviction. If the prosecution charges you under G.L. c. 269 §10(h), the crime is a misdemeanor, and there is no mandatory jail or prison requirement.

Anyone facing an unlicensed firearm charge should have the specific statute and potential penalties reviewed by an experienced Massachusetts criminal defense lawyer.

Can an illegal gun search be challenged in court?

Yes. Evidence obtained in violation of your constitutional rights can be challenged in court. The United States Constitution and Article 14 of the Massachusetts Declaration of Rights protect everyone against unlawful searches and seizures.

Your attorney will look at all of the evidence to see if your rights were violated. There are two types of searches associated with gun cases. Searches with a warrant and searches without a warrant. Challenges to searches pursuant to search warrants require your lawyer to examine whether the affidavit in support of the search warrant provided probable cause to permit the search. Searches conducted without a warrant look at whether the police had a legal basis to stop a vehicle, search a person, enter property, or seize a firearm. If the search violated your rights, your lawyer will file a motion to suppress the search.

If a judge agrees with your challenge and suppresses the evidence, the gun charges against you may be dismissed.

Should I talk to the police if they find a gun?

No. Never talk to the police about a gun without having first consulted a lawyer.

You have the right to remain silent. That right is guaranteed by both the Massachusetts and the United States constitutions. You should embrace that right and never talk to the police.

Remember that possession, ownership, knowledge, and uniquely particularized information about the firearm and its location are used by the district attorney to prosecute gun cases. In that regard, making statements without the advice of counsel is not prudent and might damage your defense.

Can I be charged with gun possession if the gun belongs to someone else?

Yes, you can be charged with gun possession even if someone else owns the gun. There is a difference between ownership and possession of a gun in Massachusetts.

There are two types of possession in Massachusetts. There is actual possession and constructive possession. Actual possession involves you knowing holding or concealing the gun whereas with construction possession the district attorney is trying to show that you know about the gun and that you had the intent and ability to exercise dominion and control over the firearm.

For example, let’s say that a gun owned by someone else in your home was found in a dresser drawer in your room. It can be argued that you possessed that firearm even though your roommate owned it. Similarly, if a gun found by the police in the glove compartment of your car was owned by a passenger in the back seat, possession might be attributed to you even though your passenger owned that gun.

What is the penalty for unlawful possession of a firearm in Massachusetts?

The penalty for unlawful possession of a firearm in Massachusetts depends on the specific crime charges. The most common gun charges in Massachusetts and the corresponding sentences are:

• Carrying a firearm without a license to carry under G.L. c. 269 §10(a) is an 18-month mandatory minimum and possible 5-year state prison sentence
• Possessing a firearm without an FID card under G.L. c. 269 §10(h) does not have a mandatory minimum sentence and can be continued without a finding
• Possession of a large capacity firearm under G.L. c. 269 §10(m) is a 1-year mandatory minimum sentence

The type of firearm involved, whether it was loaded, where the gun was found, the defendant’s prior criminal history, and whether there were other crimes charged with the gun possession crime all factor into the potential penalty the defendant faces.

Can a gun possession felony be reduced to a misdemeanor in Massachusetts?

Yes, a gun possession felony can be reduced to a misdemeanor in Massachusetts, but the decision of whether or not to do so lies solely in the discretion of the district attorney’s office.

Factors that impact the decision of whether or not the felony is reduced to a misdemeanor are the defendant’s criminal record, whether the defendant was properly licensed in another state, the extent of the defendant’s cooperation with law enforcement once the firearm was located and seized, the type of firearm involved, and the defendant’s purpose in possessing the gun.

Prosecutors can be persuaded by experienced Massachusetts gun possession defense attorneys that a just resolution of the case is the reduction of the charges. Lawyers will prepare a “breakdown letter” in which the reasons for a reduction are identified. Taking a firearms safety course, providing character letters, an agreement not to possess firearms for a specific period of time, and an explanation of why the defendant possessed the firearm might compel the district attorney to reduce the charges.

What happens if TSA finds a gun in my luggage at Logan Airport?

If TSA finds a gun in your luggage at Logan Airport, you will be charged with a gun crime in the East Boston District Court. Depending on the circumstances of the crime, you might be charged with either carrying a firearm under G.L. c. 269 §10(a) or possession of a gun under G.L. c. 269 §10(h).

The usual situation involves the defendant having a firearm in a carry-on travel bag or a backpack. In these situations, the defendant usually has an LTC or the right to carry in their state of residence. The gun is kept in the duffel bag, first aid bag, or backpack, and the defendant forgot about this when entering the airport. The bag is placed on the conveyor belt and flagged by TSA. The Massachusetts State Police are immediately called. They interview the defendant, investigate the defendant’s story, and either arrest the defendant or summons for a clerk magistrate hearing or arraignment.

These cases are defensible. Attorney Stephen Neyman has successfully defended several of these gun possession cases in the East Boston District Court. Anyone facing a firearm-related incident at Logan Airport should speak with a Massachusetts criminal defense attorney as soon as possible.

What happens if I accidentally bring a gun into Massachusetts?

If you accidentally bring a gun into Massachusetts, you are at risk of being charged with a Massachusetts firearm crime. The gun laws in Massachusetts apply to residents and non-residents, and someone who has the right to carry or possess a gun in another state still needs to obey Massachusetts gun laws.

Factors that impact the decision of whether to charge someone for bringing a gun into Massachusetts include whether that person had a valid license to carry in his state, the manner in which the firearm was transported into Massachusetts, whether the person was moving to Massachusetts, and whether the firearm was loaded or unloaded.

Can I be charged if a gun is in my car?

Yes. You can be charged with unlawful possession of a firearm if a gun is found in your car. Finding a gun in your car however does not mean that you are guilty of illegally possessing it.

To convict you for this crime, the district attorney must show that you knew that the gun was in the car and that you possessed the firearm either actually or constructively. It is important to know who owned the vehicle, who recently drove the car, where the firearm was located in the car, and who else was in the car.

Your lawyer can challenge the stop and search of the vehicle or go to trial to challenge the allegation that you knew that the gun was in the car or that the gun was someone else’s.

Attorney Stephen Neyman’s Experience Defending Massachusetts Gun Cases

Attorney Stephen Neyman has represented defendants in Massachusetts firearm cases involving unlawful possession of firearms, large-capacity weapons, assault weapons, loaded firearms, improper storage, and firearm searches and seizures.

Firearm Charges Dismissed After Motion to Suppress

Police recovered a firearm after a contested stop and search. Attorney Neyman successfully challenged the constitutionality of the police conduct, resulting in the suppression of the firearm and dismissal of the charges.

Assault Weapon Charges Dismissed

Attorney Neyman defended a client facing multiple firearm and assault weapon charges and successfully demonstrated weaknesses in the prosecution’s ability to prove unlawful possession.

Gun Possession Charged After Video Evidence Shows Police Lied About Location of Gun Located in Cruiser

A man was charged with unlawful possession of a firearm after police located a gun in the backseat of a cruiser where the defendant was seated after an unrelated arrest. Through police department security video evidence, Attorney Neyman was able to show that the defendant did not possess that gun and that it was left there by another individual who had been arrested earlier that day.

Attorney Neyman has represented people who accidentally brought a firearm into Massachusetts. A good lawyer can help you defend these charges. Get advice from an attorney immediately so that your rights can be exercised.

Please call us at 617-263-6800 for a free phone consultation. We are happy to answer any questions you have about gun crimes in Massachusetts.