Massachusetts Legal Developments Blog

Firearm Offenses in Massachusetts

Gun and Gun control laws are back in the news again. The recent Orlando massacre at a nightclub that killed 49 people is bringing the topic back into the national spotlight. Senators are demanding gun control protocols to stop violence, expand background checks for gun buyers, and ban gun sales to individuals on terror watch lists. Gun laws allow people to buy and possess guns or firearms. People have the right to bear arms as stated in the Second Amendment of the U.S. Constitution. Firearms are heavily regulated by laws in an effort to limit the sale, production, possession, and use of guns by certain citizens who should not have them.

These laws often involve personal firearms that people use to protect themselves. However, with these rights come many responsibilities and breaking them may have serious consequences. You should contact a criminal defense attorney if you are facing a firearm offense. The Commonwealth of Massachusetts has some of the strictest gun laws in the nation. Regarding the right to bear arms, the Massachusetts Constitution states:

“The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.”

In the Commonwealth of Massachusetts, you cannot carry a concealed and loaded firearm in a public place. You are not permitted to carry a concealed and loaded firearm while under the influence of certain drugs, such as narcotics, marijuana, liquor, stimulant substances, or vapors of glue. One cannot carry a concealed weapon in a secure area of an airport or inside an airplane. You must have a License to Carry Firearms (LTC) or Firearms Identification Card (FID).

In Massachusetts, a license to carry a firearm does not necessary mean you have the right to possess a firearm. By law, you may have the right to own a gun, but not the right to carry one. In Massachusetts, it is forbidden to knowingly possess a firearm without being licensed.  Individuals charged with simply possessing a firearm may be the subject of "dangerousness hearings," in Massachusetts. Laws also require firearm owners to store their firearms in a locked container, tamper-resistant mechanical lock or another safety measure to ensure firearms are safely secured. The Commonwealth does not recognize another state's license to carry a concealed weapon. A person who is not from the Commonwealth can apply for a temporary license.

Many states require a certain amount of time to pass between the time one purchases a gun and the actual delivery of the firearm to a person. These are called waiting periods to reduce the chances of someone committing a hasty spur-of-the-moment crime. A background check is often mandatory before one can purchase or obtain ownership of a gun. Sometimes gun safety courses are required. Most states require all guns to be registered. Certain types of guns are usually banned such as concealed weapons, assault weapons, or unregistered and illegal guns.

Get Legal Help Today

If you have been involved in a firearm offense, the consequences you face can be severe and serious. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or lessen the charge. He cares about you and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.