Attorney
Massachusetts has some of the U.S.’s strictest gun laws. As a result, Worcester County residents considering purchasing and owning a firearm should familiarize themselves with the Commonwealth’s gun laws and the potential criminal charges that may arise from violating those laws.
Overview of Massachusetts Firearm Laws
In Massachusetts, an individual must have a firearms identification (FID) card to possess a firearm (unless exempt from the requirement) or an FID or license to carry (LTC) card to carry firearms. Under Massachusetts law, the licensing authority for FIDs and LTCs must issue a card to an applicant if the authority determines the applicant does not fall into one of the categories of prohibited persons barred from carrying or possessing firearms. Prohibited persons include:
- Anyone convicted or adjudicated delinquent for a felony, misdemeanor punishable by more than two years of imprisonment, a violent crime, a violation of any law regulating the use/possession/transfer of weapons, a violation of any controlled substance laws, or a misdemeanor domestic violence crime.
- Anyone currently or previously committed to an institution for mental illness or alcohol/substance abuse.
- Anyone under the age of 15 or anyone between the ages of 15 and 17 who does not have parental/guardian approval
- A foreign national who does not have lawful permanent residency in the U.S.
- Anyone currently subject to an order of weapons surrender or suspension or a protection order
- Anyone subject to an outstanding arrest warrant
- Anyone dishonorably discharged from the U.S. armed forces
- A fugitive from justice
- Anyone who has renounced their U.S. citizenship
Applicants for FIDs or LTCs must also complete a basic firearms safety course.
Common Types of Gun Charges
Common examples of gun charges that a person in Worcester County can face include;
- Unlawful possession of a firearm: A person may face charges for unlawful possession of a firearm if they possess a weapon without an FID or LTC or qualify as a “prohibited person.”
- Carrying a firearm without a license: An individual may not lawfully carry a firearm in Massachusetts without holding a valid LTC card.
- Possession of a firearm in a prohibited area: An individual can face arrest for carrying a firearm into locations that prohibit firearms, such as schools, government buildings, or airports.
- Unlawful trafficking of firearms: An individual may face charges for engaging in unlicensed sales or transfer of firearms or for partaking in a “straw purchase,” where an individual purchases a firearm on behalf of a person prohibited from possessing firearms.
- Unlawful use of a firearm: Individuals may face criminal charges for the unlawful use of a firearm, such as discharging a firearm in public or into an occupied structure; use of a firearm during many types of criminal offenses can also enhance the potential sentence imposed for such crimes.
Potential Consequences of a Gun Conviction
A conviction for a gun crime in Worcester County can lead to various short- and long-term consequences. First, a conviction will result in a criminal sentence, including fines, probation, or jail/prison time. Some gun offenses have mandatory minimum sentences that require courts to sentence offenders to a minimum term of incarceration. A gun conviction will also result in an individual having a criminal record that may appear during background checks for housing, employment, or educational applications.
Defenses to Gun Charges
A person charged with a gun crime may have various defenses against the prosecution’s case, such as:
- Lack of possession: Defendants may argue that the Commonwealth’s case fails to prove they had actual or constructive possession of the firearm(s).
- Valid licensing: A defendant may prove they hold a valid FID or LTC or an equivalent firearms license from another state recognized by Massachusetts.
- Exception to licensing requirement: Massachusetts law recognizes several exceptions to the FID/LTC requirement, such as individuals transiting through Massachusetts who hold a valid license from their home jurisdiction.
Contact Our Worcester County Weapons Crime Defense Lawyer Today
Have you been arrested for an alleged firearms offense in Worcester County? If so, get the legal advocacy you need to protect your rights and interests. Contact Geraghty Law, LLC today for a confidential consultation with a gun crimes defense attorney to learn how our firm will fight for your reputation, freedom, and future.
