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Massachusetts has some of the strictest gun laws in the country. However, some cities and counties throughout the Commonwealth have even more exacting gun laws. That's why it's imperative to choose a criminal defense attorney who thoroughly understands the laws in this state and fights aggressively to protect your rights.

Gun Licensing in Massachusetts

In the Commonwealth of Massachusetts, all gun licenses are designated as Class A or Class B. There are also three types of licenses that refer to the type of firearm:

• Firearms Identification Card (FID) - allows the holder to purchase, possess, or transports a rifle or shotgun that is not a large-capacity gun, to purchase or possess ammunition or component parts of ammunition, and to purchase or possess defense sprays.
• License to Carry Firearms (LTC) - allows residents to order to purchase, possess or transport a handgun, large capacity rifle, or large-capacity shotgun.
  
• Permit for fully automatic firearms - in order to get a permit to purchase any type of firearm, you must pass a federal NCIS check. It is illegal to own a weapon without a security-approved license.
  

With a few exceptions, no person is permitted to carry a loaded rifle or shotgun on a public way. The law also dictates how guns are to be stored. To prevent unauthorized use, all guns must be "kept in a locked container or with a tamper resistant mechanical locking device."

All Massachusetts gun owners, regardless of license class or type, must report loss, theft, or recovery of a gun to the state and must notify authorities of any change in address. Firearms dealers must also secure a license to do business. New residents are exempt from state licensing requirements for the first 60 days while they apply for the required licensure. They may only possess a gun in their home and may not transport it.

But I have a license for my gun. Why am I being charged?

Even if you have a license for your own firearm, it is illegal to trespass on posted lands with a gun, provide a handgun to a minor, or sell a gun to a minor or other unlicensed person. In addition, not everyone realizes that you could have a license to own a gun, but not to carry or transport it. This distinction is important. Also, having a gun license does not guarantee that you will be able to renew or exercise your license. If, for instance, someone seeks a Restraining Order against you through Massachusetts General Law 209A and the Order is allowed, you will lose the right to possess firearms.

Even if you have a gun license, if you are convicted of carrying a loaded firearm while under the influence of drugs or alcohol, then you could be sentenced to up to 2.5 years in prison. This conviction also automatically invalidates your license to own or carry firearms.

What are the mandatory sentences for gun charges?

That depends on a variety of factors, including who is possessing the gun, where it is being possessed, and what the defendant is doing with it. Using a gun in conjunction with another crime such as kidnapping or robbery can often increase the penalty. In fact, kidnapping carries a state prison term of up to 10 years on its own, but kidnapping with a firearm carries a mandatory minimum sentence of 10 years in state prison.

If you are convicted of a repeat offenses, that can carry a stricter sentence as well, depending on the number of convictions. The fourth offense is punishable by 15 years in state prison and carries a mandatory minimum sentence of 10 years.

The Massachusetts' sentencing structure for gun charges is complicated and exacting, but our defense attorneys are skilled at fighting gun charges or getting the charges reduced.

How will Altman & Altman defend me?

Gun charges are serious. Defenses like "everyone carries a gun in my line of work" or "I live in a rough neighborhood, so I need to protect myself" do not stand up in a court of law. Instead, you need a defense attorney who understands the law inside and out.

For instance, if the court finds that the search that unearthed the gun was unconstitutional, then the case is usually dismissed. Another potential defense is that the gun was not operable. That statute may be changing in the future, but currently, you cannot be prosecuted for carrying a broken or otherwise inoperable gun. The experienced lawyers at Altman & Altman, LLP have successfully represented many defendants in gun and weapons cases. We are known for working aggressively and strategically for our clients.

Our knowledgeable team of lawyers represents clients who are under investigation or charged with crimes throughout Greater Boston and Massachusetts. We understand the seriousness of these charges, and our phones are answered 24 hours a day, 7 days a week to ensure that you can always reach us when you need to.

If you have been charged with illegal possession or carrying of a firearm, then contact a Boston, Massachusetts gun charges attorney for your free initial consultation.