Common gun charges include “carrying a firearm without a license” outside of one’s home or business. This law is codified as Massachusetts General Laws, Chapter 269, Section 10(a). This law is often abbreviated as G.L. c. 269, § 10(a).
What are the penalties for a gun charge?
If a person is convicted in district court of “carrying a firearm without a license” outside of one's home or business the penalty is a mandatory minimum jail sentence of 18 months and a maximum sentence of 2 ½ years. If convicted in superior court, the maximum sentence is 5 years in state person.
In either case, the minimum sentence of 18 months cannot be reduced by earning “good time” in jail or by parole eligibility. The convicted person must do the full 18 months.
Another common gun charge is “possession of a firearm without a license” in one’s home or place of business. This law is codified as Massachusetts General Laws, Chapter 269, Section 10(h). This law is abbreviated as G.L. c. 269, § 10(h). The penalty ranges from a term of probation to 2 years in the House of Correction.
If you were charged with a gun crime, do not talk about it to anyone other than your attorney. Anything you say, text, message or post on social media will be twisted and used against you. A skilled prosecutor can usually take even the most innocent sounding statement and use it against you at trial. Do not talk to anyone other than your lawyer about your case. Contact Lown Law Firm.
What are the defenses to a gun case?
There are a number of defense available in this type of case. In many cases, a defendant’s strongest weapon is a motion to suppress. A motion to suppress argues that the police did not have the right to search a person’s property, order a person out of a car, or put their hands on a person’s body. If the motion to suppress is successful, the gun will be excluded from evidence.
Attorney Zachary Lown, Principal Attorney
Additionally, if the firearm is not on the person or directly in the person’s possession, the government must prove that the defendant had actual knowledge that the gun was in the place where it was found and that the defendant intended to touch it or take control of it at some point. The government cannot ask the jury to merely speculate that this was the case. They must prove it beyond a reasonable doubt.
In addition, the government must prove that the firearm was a working firearm.
Each case is unique and requires an individual analysis.
You may call Lown Law Firm for a free consultation.