5 Typical Scenarios That Lead to Gun Charges in Massachusetts
The Second Amendment of the United States Constitution gives citizens the right to possess arms. However, there are many federal regulations and state laws that govern gun ownership. One could end up facing severe consequences if she/ he is found possessing a gun without abiding by them.
If you’re one among those individuals who’ve been wrongly framed with a gun charge in Massachusetts, then it’s essential for you to consult an experienced Massachusetts criminal defense lawyer. Here is a list of 5 typical scenarios that lead to gun charges in Massachusetts.
Typical Scenarios Leading to Gun Charges
Massachusetts has strict laws governing the possession and sale of firearms. Here are a few scenarios where the accused can be put behind the bars for possessing a gun –
- As per Massachusetts General Laws Chapter 269 Section 12 D, it is illegal to possess guns that are illegal under the law (such as a machine gun or sawed-off shotgun, or a large capacity weapon) in a public way. A public way is a street, sidewalk, or other public ground. If the weapon recovered is loaded, one can end up facing 2 years of imprisonment or a hefty fine.
- As per Massachusetts General Laws Chapter 265 Section 18B, it is illegal to possess a firearm while committing a felony. If found guilty, one will face a mandatory 5 years sentence. And if the weapon was of large capacity, the minimum sentence will be 10 years. All these sentences will be in addition to whatever you receive due to Felony charges.
- According to the Massachusetts General Laws Chapter 269 Section 10(h)(1), it is illegal to possess a firearm, rifle, or shotgun in home or place of business, without a license or permit. If found guilty, she/ he may face a maximum of 2 years of imprisonment.
- The Massachusetts General Laws Chapter 269 Section 10H clearly states that it is illegal to carry or possess a fully loaded firearm in your vehicle under the influence of drugs or alcohol. If found guilty, one can end up facing 2 ½ years of imprisonment along with a fine of 50,000 USD.
- Under Massachusetts General Laws Chapter 269 Section 12F, it is illegal to discharge a firearm within 500 ft. of a dwelling, without seeking permission from its owner. If found guilty, one could end up facing 3 years of imprisonment.
It doesn’t matter whether your gun is loaded or not, even if you aren’t a frequent offender found possessing a gun illegally or transporting it, the law enforcement agencies will not hesitate to charge you.
It should be clear to you now that Massachusetts firearms have a mandatory minimum sentence. The Federal laws clearly state that mandatory minimum sentences are the minimum sentences that a judge can lawfully mandate. However, it is widely criticized as it often results in injustice. A first-time offender making a mistake or carrying an unlicensed arm will be put to 18 months of imprisonment.