Five Ways a Guns and Weapons Defense Lawyer in MA Could Save You from Firearm Charges

Five Ways a Guns and Weapons Defense Lawyer in MA Could Save You from Firearm Charges

Lawful possession of firearms is permitted under the Second Amendment of the US Constitution. Nevertheless, there are numerous restrictions to possession and ownership of a firearm and it should never be treated as an absolute right.

The scope of civilian gun ownership in the USA is governed by the respective state laws. What might be legal in one state may not be in others. For instance, you can openly carry both handguns and long guns in twenty-five US states, including Massachusetts. However, it’s prohibited in Rhode Island and four other states.

While varying firearm policies across states may appear pretty straight forward to the uninitiated, they could prove to be surprisingly complicated at times. This is why you should never delay in consulting a seasoned guns and weapons defense lawyer in Massachusetts if any related charges are pressed against you.

In this blog, we’ll discuss the legal definition of firearms in Massachusetts and some effective defenses to gun offenses in this state.

A Guns and Weapons Defense Lawyer in Massachusetts Could Help You Avoid Being Charged Unlawfully

Although not as strict as California, Massachusetts is known for enforcing one of the most stringent gun regulations in the country. Failure to comply with the state laws in the Commonwealth of Massachusetts concerning the possession, ownership, and use of weapons will constitute a firearm offense. If proven guilty, the perpetrator has to face 1.5 years of imprisonment.

Items classified as firearms are clearly defined in the Massachusetts General Laws, Part I, Title XX, Chapter 140, Section 121. It states that an article should be acknowledged as a firearm if and only if it satisfies all the following three criteria.

  • It should be a weapon.
  • It should be able to fire a bullet or a shot.
  • The length of its barrel should measure less than 16″.

A few of the most common weapon crimes in Massachusetts are listed below.

  • Owning a firearm.
  • Traveling with a firearm.
  • Unlawfully keeping a firearm.
  • Stocking ammunition.

Key Potential Defenses to Gun Offenses in Massachusetts

As every case is unique, you should immediately contact a guns and weapons defense lawyer in Massachusetts if you’re being held for a gun offense. The following list offers a broad overview of a few of the most effective defenses that you could leverage based on the situation.

  1. Unlawful search and seizure – An individual may file a motion on the ground that one’s Fourth Amendment rights are supposedly violated. If the police search for a firearm and seize it, you can argue that it’s in violation of your constitutional privileges.
  2. Ignorance – A number of firearm charges cannot be brought unless you possess prior knowledge about the weapon’s location. If you aren’t aware that there is a weapon around, the lack of knowledge can be used to strengthen your defense.
  3. Valid license – If you possess a Firearm Identification Card or a License to Carry document, based on the situation, it can be utilized to support your case.
  4. NO possession – Some firearm charges cannot be filed unless it’s proven that you possess the weapon. Note that gun possession is usually a complicated matter under the purview of the law. Many defendants have filed appeals in the past and there’s already a plethora of appellate laws discussing the legal definition and scope of weapon possession.
  5. Does NOT constitute a firearm – An experienced expert will evaluate if your weapon can be classified as a firearm or not as per the Massachusetts General Laws. If it doesn’t adhere to what the Massachusetts state laws classify under firearms, you may be able to defend your case.

If you or someone you care about is accused of a firearm offense in Massachusetts, seek help immediately from a veteran guns and weapons defense lawyer.

Call us now to schedule a consult at your preferred time and discuss your case in detail.