The Commonwealth of Massachusetts has some of the strictest gun laws in the nation. Depending on the circumstances of an arrest and the details of the criminal case, defendants could be looking at mandatory minimum sentencing and other penalties upon conviction.
Having an experienced and knowledgeable attorney to defend you is paramount in getting the best possible outcome in your firearm case. Let’s review some of the gun laws that are currently in play in Massachusetts and the legal penalties associated with each.
Gun Licensing Laws in Massachusetts
The Bay State has two main gun licensing laws based on the type of firearm and whether the individual plans to carry it.
Firearm Identification Card
The first type of firearm license is the Firearm Identification Card (FID) which allows an individual to purchase, possess, and/or transport any rifle or shotgun that is not classified as large-capacity. The terminology “Large capacity” is defined as any semi-automatic handgun or rifle with a capacity of ten rounds or more, shotguns with a capacity of five shotgun shells, or any assault weapon.
License to Carry
The second type of firearm licensing is called License to Carry (LTC). This form of licensing allows an individual to purchase, possess, borrow, lease, or carry all types of lawful firearms. This includes handguns, shotguns, rifles, large-capacity firearms, and ammunition and feeding devices for these weapons. A License to Carry is also required for a person to carry a concealed firearm.
Qualifying Factors
To apply for these two types of gun licenses, an individual must be at least 18 years old for an FID, or 21 years old for an LTC. A visit to a local police station to fill out the necessary paperwork is required.
However, an individual who has a conviction record for certain crimes including felonies, violent crimes, and weapons crimes will not be approved for a firearm license. Other disqualifying factors include circumstances such as being incapacitated or committed to a hospital or being a non-citizen or an individual who does not maintain a permanent residency in the state of Massachusetts.
Penalties for Unlicensed Carrying of a Firearm
It is illegal to carry a weapon without a license in the state of Massachusetts. It could be charged as either a misdemeanor or a felony depending on certain circumstances. For instance, possession of an unlicensed gun in your home or business could be charged at either level of charge and may result in up to two years in prison.
Other firearm charges include instances of carrying a firearm in public that could result in a mandatory minimum sentence of 18 months in jail or prison for illegally carrying a firearm, even for a first offense. Another example of the strict penalties in Massachusetts includes the case where an individual is found to be carrying a loaded weapon without proper licensing which could result in an additional 2.5 years in prison after the 18-month mandatory minimum.
In the state of Massachusetts, it is also illegal to be in possession of a sawed-off shotgun or machine gun. The penalty for this offense could be up to life in prison.
To learn more about firearm laws and potential penalties upon conviction visit Mass.gov or contact our offices at Patrick Conway Law for more information and a consultation.