Three Charged With Unlawful Possession of Firearms in Boston
On April 18th, 2015, three men were arrested in Roxbury, a neighborhood of Boston, MA, and charged with unlawful possession of multiple firearms.
Local law enforcement officers working with the Youth Violence Strike Force spotted the defendants' vehicle run a stop sign. They also noticed that one of the car's tail lights was not working. After pursuing and pulling over the vehicle, officers allegedly noticed three loaded, semi-automatic weapons inside.
The Tough Stance on Firearms in Massachusetts
Massachusetts is a state with strict laws regulating the sale, possession, and use of firearms. In an effort to reduce gun violence, state statute 2014, chapter 284 increased penalties for criminal use of guns, required private gun dealers to conduct real-time background checks, and granted police chiefs the authority to request that judges deny certain firearm ID cards to those "deemed unfit." Possession of machine guns, semi-automatics, and sawed-off shotguns is also illegal without special permits. Furthermore, a permit cannot be applied for by those under 21 years of age, no weapon may be carried onto school property except by authorized personnel, and the state may order pretrial detention of alleged gun-law violators they deem to be especially dangerous.
Knowingly possessing a firearm without the proper permit, whether the weapon be located in your vehicle, at home, or on your person, is illegal in Massachusetts. The crime carries a mandatory minimum sentence of 18 months in a local jail. Jail time, however, can reach to two and a half years, and a five-year term in state prison is also a possible punishment. Bail is normally set high, $10,000 or more being a common bail-amount.
Firearm Licensing Law in Massachusetts
Massachusetts state law provides for two types of firearm licenses: Class A and Class B.
The appropriate license must be held to legally possess, carry, purchase, loan, rent, or borrow a firearm. A Class a license pertains to large-capacity firearms and their accompanying ammunition and feeding apparatuses. A Class B license pertains to all other types of legal firearms. These licenses do not allow the owner to carry a loaded, concealed weapon in a public place. Authorities can deny licenses to those they deem unfit to possess a firearm. Any violation of state legal-carry statutes is punishable by a revocation or suspension of firearm licenses and a fine of between $1,000 and $10,000.
A Class A or B license may also be granted to a club or other facility operating a shooting range. State police must first investigate the site, however, and are not obligated to grant the license. At least one member of the club must be qualified to possess the license granted to the institution. Only members who possess a valid firearm ID card or who are under the supervision of a club firearm training instructor may shoot weapons at the firing range. No targets that depict human beings or are shaped like human beings may be used, except that police and other authorized public officials may use such targets in their training exercises.
Minors, foreign nationals, and those with a warrant out for their arrest are not allowed to apply for a Massachusetts firearm license of any kind. Further disqualifying factors include:
Conviction for a felony
Conviction for a misdemeanor punishable by two years or more imprisonment
Conviction of a violent crime
Violation of any statute related to firearms and ammunition punishable by time in state prison
Violation of laws related to the sale or possession of illegal drugs
Past commitment to a treatment center because of mental illness, unless a qualified physician declares the condition cured
Past treatment for drug or alcohol addiction, unless a qualified physician declares that the addiction is now resolved
Licenses expire on the license holder's birthday. They last for at least five years but not for more than six years. If a license holder applies for a license renewal before his or her old license expires, a 90-day extension will be added to the expiration date printed on the card. Anyone who knowingly violates state statutes in the issuance of a firearm license can be punished by a fine of between $500 and $1,000, by a jail term of six months to two years, or by both.
Common Legal Defenses Against Massachusetts Firearms Charges
Those charged with unlawful possession or other firearm crimes in Massachusetts face steep sentences. Thus, it is no surprise that they fight hard to defeat the charges brought against them. Three of the most common defense strategies that those accused of these crimes utilize are:
1. An Illegal Search or Seizure Was Committed
A motion can be made to disqualify evidence gained by illegitimate means. The police must have had a valid probable cause to justify their stopping and searching a vehicle where an illegal firearm was discovered. If the judge determines they did not, he or she will almost certainly dismiss the charges.
2. The Firearm Was Not in the Defendant's Possession
It must be proved beyond doubt that the defendant did, in fact, have possession of the illegal firearm. Sometimes, if a gun is found in a car or in a home used by multiple persons, this defense is used.
3. The Firearm in Question Was Non-Functional
The prosecution must demonstrate that the firearm illegally possessed was capable of actual use. Ballistics tests by trained professionals must establish this fact. If there is any question as to whether the gun is in proper working order, a good defense attorney will hire an independent expert to test it.
Conclusion
The three men recently arrested in Boston on charges of unlawful possession of firearms will have need of skilled defense attorneys to navigate the strict Massachusetts firearm statutes. Gun licensing is taken very seriously in Massachusetts, and gun crimes are punished severely. While legal defenses exist that can sometimes get charges dismissed or reduced, anyone arrested on gun-related charges in Massachusetts is in serious trouble.
