Firearm Possession

The most common firearm crimes are codified in Massachusetts General Laws Chapter 269.

c. 269 s.10(a) Carrying a firearm without a license

c. 269 s.10(n) Carrying a loaded firearm without a license

c. 269 s.10(h) Possession of a firearm or ammunition without a license

c. 269 s.10(m) Possession of a large capacity firearm

c. 269 s. 10H Carrying a Firearm While Intoxicated

c. 269 s. 12F Illegal Discharging of a Firearm

c. 140 s.131 Improper Storage of a Firearm

c. 265 s. 18B Possession of a Firearm while Committing a Felony Offense

Penalties

A conviction for carrying a firearm without a license carries a mandatory minimum sentence of 18 months in the house of corrections. In other words, this means that once convicted, the judge must sentence you to serve at least 18 months in jail. The judge lacks the discretion to have you serve probation time until after that sentence is served. The jail time must begin immediately from the date of sentencing, meaning that your jail sentence cannot be suspended. Additionally, the legislature has determined that a continuance without a finding cannot be entered in for a charge of carrying a firearm without a license.

A conviction for carrying a loaded firearm carries a maximum penalty of 2 1/2 years in the house of corrections. A key difference here is that the sentence is to be served after the original sentence on the 10(a) conviction. This means that you could serve consecutive sentences for being found guilty of carrying a loaded firearm without a license.

Unlike 269 10(a), a conviction for 269 10(h) possession of a firearm without a license or FID card does not carry a minimum mandatory sentence. In other words, if you're convicted of possessing a gun inside your home or business, you could receive probation or a maximum sentence of two years in the House of Corrections.

Common defenses for firearm possession crimes

Building your defense

The client had no knowledge of the firearm.
The client had no dominion or control over the firearm.
The police's seizure of the firearm occurred as a result of an unconstitutional search.
The government cannot prove that the firearm was a truly working operable firearm capable of firing ammunition.
The evidence shows that the firearm belonged to someone else.
The government lacks any physical scientific evidence to show that the client possessed the gun.
The firearm was located inside the defendant's home or business, and does not fall under c. 269 s. 10(a).
The firearm does not fit the legal definition of a "firearm" under Mass. General Laws c. 140 s. 121.

How We Help

Firearm defense representation

The Commonwealth of Massachusetts treats firearms crimes harsher than almost everywhere else in the United States.

A conviction for a carrying a firearm without a license outside of your home or business carries mandatory jail time, regardless of whether you've ever been charged with a crime before. You need an advocate on your side who understands the criminal and long-term implications for being charged with a firearm crime.

The Massachusetts legislature has made it clear that firearm crimes are some of the strictest in the entire state. It is crucial that you retain an experienced lawyer who can file a series of pretrial motions to set the tone of the litigation and defend your constitutional rights. We will challenge the Commonwealth's lawyers to prove how the firearm was obtained legally and in a manner that respected your privacy rights. At trial, you will want an attorney who has a sophisticated knowledge of deconstructing every element of the government's case.

If you have a valid license to carry, and you were improperly charged with a firearm violation, Attorney Chin will fight vigorously to protect your record and ensure that your Second Amendment rights aren't illegitimately revoked.

As a prosecutor, he was assigned to oversee firearms prosecutions in Brockton, which has one of the highest violent crime rates in Massachusetts.

Attorney Chin has a deep understanding of how the government's trial strategies in firearms prosecutions. He knows how to creatively exploit the government's weaknesses to create reasonable doubt for jurors.