Defending a Firearm or Weapons Charge in Massachusetts

Massachusetts imposes some of the harshest penalties in the nation for firearm and weapons offenses. Whether it’s unlawful possession, carrying without a license, or another weapons-related crime, the consequences can be life-changing. At The Law Offices of Elliot Savitz & Scott Bradley, we understand what’s at stake. With years of experience defending clients in Boston and throughout Massachusetts, our attorneys know how to challenge the prosecution’s case and protect your rights.

Common Types of Weapons Charges in Massachusetts

Weapons charges take many forms. Some of the most common include:

• Unlawful possession of a firearm.
  In Massachusetts, simply having a firearm without the proper license or firearm identification card (FID) is a criminal offense. The law does not make exceptions for out-of-state licenses, meaning visitors can be caught off guard.
• Carrying without a permit.
  Carrying a gun outside your home or business without a valid License to Carry (LTC) can result in mandatory jail time. Even first-time offenders may face an 18-month minimum sentence.
• Possession of illegal weapons.
  Certain items, such as sawed-off shotguns, silencers, brass knuckles, and switchblades, are completely banned. Being found with one of these weapons can result in felony charges.
• Possession connected to other crimes.
  If prosecutors claim that a weapon was connected to drug activity or gang involvement, they may attempt to escalate the charges and penalties.
• Use of a firearm during a felony.
  Committing another offense while in possession of a firearm can add years to a sentence, even if the gun was not discharged.

At our firm, we carefully review the facts to determine not just what charge the Commonwealth has filed, but whether the evidence supports it.

Penalties for Weapons Charges

Massachusetts law leaves little room for leniency when it comes to firearms. Penalties vary depending on the charge but often include:

• Mandatory minimum jail sentences
  For example, unlawful possession of a firearm often carries a minimum of 18 months in jail. Judges cannot reduce these sentences below the statutory requirement.
• Felony convictions
  A felony weapons conviction can follow you for life, affecting job opportunities, professional licenses, and even housing.
• Loss of firearms rights
  Convictions typically result in the loss of your right to own or carry firearms in Massachusetts and can impact federal gun rights as well.
• Financial penalties
  In addition to incarceration, fines and court fees can add a significant burden to an already stressful situation.

Defense Strategies in Weapons Cases

At The Law Offices of Elliot Savitz & Scott Bradley, we never assume the Commonwealth’s case is airtight. Our approach is to examine every angle and challenge the evidence. Common defense strategies include:

• Illegal search and seizure: If the police found the weapon during an unlawful traffic stop or a search without probable cause, we can move to suppress the evidence, often leading to dismissal.
• Licensing errors: Massachusetts firearms licensing laws are complex. Sometimes an arrest results from misunderstandings, such as expired paperwork or out-of-state reciprocity issues. These situations may allow us to reduce or dismiss charges.
• Constructive possession disputes: Prosecutors must prove the weapon was under your control. If a firearm was found in a shared car or apartment, the state may struggle to show that it belonged to you.
• Insufficient evidence: Every element of the charge must be proven beyond a reasonable doubt. If the prosecution cannot prove intent, possession, or use, the case weakens significantly.

Why Choose Our Firm for Weapons Defense

Weapons cases move quickly, and prosecutors in Boston and surrounding courts push hard for convictions. At The Law Offices of Elliot Savitz & Scott Bradley, we combine decades of criminal defense experience with a personalized approach.

• We know the Massachusetts court system inside and out, from district courts to superior courts.
• We fight aggressively to keep mandatory minimums from defining your future.
• We negotiate with prosecutors to reduce charges when possible — and we are fully prepared to take your case to trial if needed.
• Most importantly, we focus on protecting your freedom, your record, and your opportunities.

 

Key Takeaway

If you’ve been charged with a firearm or weapons offense in Massachusetts, the stakes couldn’t be higher. Mandatory minimums, felony records, and long-term consequences are all on the line. Don’t face the Commonwealth alone.

Contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation about defending against a weapons charge in Massachusetts.

 

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FAQ Review: Weapons Charges in Massachusetts

Q1: Is carrying a firearm without a license a felony in Massachusetts?
Yes. Carrying a firearm outside your home or business without a valid License to Carry (LTC) is a felony in Massachusetts. It also carries a mandatory minimum jail sentence, even for first-time offenders. Learn more by visiting “License to Carry” → Massachusetts state resource or firm’s firearm defense page.

Q2: What are the penalties for unlawful possession of a firearm in Massachusetts?
Unlawful possession can result in up to 2½ years in a House of Correction, with mandatory minimum sentences often applying. Penalties may be even harsher in superior court cases.

Q3: Can weapons charges in Massachusetts be dismissed?
Yes. If a weapon was found during an illegal search, if prosecutors cannot prove possession, or if licensing paperwork issues caused the arrest, charges may be reduced or dismissed.

Q4: Do weapons charges affect my right to own a gun in the future?
Yes. A conviction often results in losing your Massachusetts firearms license and may also affect your rights under federal law. A skilled attorney may be able to help protect your rights or challenge restrictions. » Contact us to learn more.