Massachusetts Firearms Attorney
In Massachusetts, those who wish to lawfully carry a firearm must possess a valid Class A License to carry a concealed weapon. If an individual wishes to buy a rifle, shot gun, or ammunition, he or she must possess a valid Firearms Identification Card. If you do not have proper identification, you may require a Massachusetts firearms attorney.
These licenses and identification cards are available through mandatory safety courses and upon approval from the chief of police of the town in which the applicant lives. Without one of the of the aforementioned licenses, and without being subject to a limited number of exceptions, possession of a handgun, rifle, shotgun, or ammunition will get you arrested for unlawful possession of a firearm, and this charge has very serious consequences.
What Exactly is Unlawful Possession of A Firearm and What are Possible Punishments if Convicted?
Pursuant to Massachusetts General Law, in order to be convicted of unlawful possession of a firearm, the Commonwealth must prove beyond a reasonable doubt that an individual knowingly carried, or knowingly had under his or her direct control in a vehicle, a firearm, without a valid license or without being in their place of residence or place or business.
In Massachusetts, the penalties for unlawful possession of a firearm fall under the statutory rubric of Mandatory Minimum legislation. This means that a sentence for conviction, or plea bargain cannot be reduced. The penalty for unlawful possession of a firearm is a mandatory two and one half years in a state prison or a mandatory minimum 18 months in the House of Corrections.
Because of the harsh realities of facing over a year in jail, a strong and aggressive defense team is needed to combat the charges of unlawful possession of a firearm. Kelly & Soto Law is the team you want on your side when faced with a firearms charge. We have successfully argued motions to suppress firearms due to unlawful and egregious police searches and seizures and we are ruthless litigators that do not think twice about confronting improper and unlawful police behavior.
Every day the officers of the Boston Police Department serve the Commonwealth by enforcing its general laws and putting their lives on the line. However, sometimes their procedures in enforcing the laws can be questionable. Often times police make an arrest for unlawful possession of a firearm after locating a gun on the suspect pursuant to a pat down, or “frisk.” And many times, these frisks are based on a mere hunch that the suspect is carrying a conceal weapon. This is illegal.
If police officers engage in a search and seizure without a warrant, then a search and seizure must fall under an exception to the warrant requirement. One of the most common exceptions is the Terry Stop. These types of searches and seizures occur when an officer confronts someone on the street and conducts an outer layer pat down for weapons, or a compartment search pursuant to a motor vehicle stop. In order to effectuate a Terry Stop, the police cannot rely on merely a hunch that an individual is committing a crime. Terry Stops are held up to a standard called “Reasonable Suspicion.” In order to satisfy this standard, an officer effectuating a Terry Stop must point to articulable facts and circumstances that would lead a reasonable person in the officer’s shoes to believe that a suspect is committing, has committed, or is about to commit a crime.
If you have been arrested for unlawful possession of a firearm, contact a Massachusetts Firearms Attorney at Kelly & Soto Law. We have successfully argued motions to suppress evidence in these types of firearm cases. And when evidence is suppressed, the prosecutors typically cannot go forward with the case, and the charges are dismissed. This is the outcome you want, and Kelly & Soto is the defense team that can get it! Our attorneys are available 24/7 and WILL TRAVEL TO YOU! We would also be pleased to offer you a free case consultation and price quote.
Call us at 617.807.0840. Our office is located in the heart of Boston’s Government Center and we serve all of Massachusetts. Give us a call today and ask to speak with a Massachusetts firearms attorney.
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