Massachusetts Concealed Weapon Charges

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The State of Massachusetts has some rather unique laws regarding gun possession and licensing. All residents who wish to own a firearm must apply for a Firearm Identification License (FID). An FID will be issued after the individual has completed a weapons safety course and is only valid for shotguns and rifles. Individuals who want to own or carry a concealed weapon must apply for either the following:

  • Class B License to Carry—This authorizes the person to own a handgun that has a capacity of ten rounds or less or own a long gun that holds any size magazine.
  • Class A License to Carry—This is a concealed weapons permit allowing the individual to carry either a handgun or long gun without a limit on the magazine size.

The Colonel of the State Police may issue a Class A or Class B to either a resident or non-resident of Massachusetts. All licenses are valid for a period of six years. If a license is suspended, revoked or not issued, the individual may file a petition for judicial review with the District Court within 90 days.

Massachusetts Weapons Laws

Class A license holders are allowed to carry a loaded handgun in their vehicle provided that the weapon is under their direct control. All rifles and shotguns must be unloaded and locked in a case or trunk of the vehicle. The City of Boston has more strict regulations regarding concealed weapons permits. They require the individual belong to a gun club and be able to pass a marksmanship test.

Violations

The state of Massachusetts prohibits carrying a concealed weapon into courthouses and on all school campuses whether the person has a valid permit or not. The penalties for weapons violations are outlined below:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Misdemeanor Offense

Anyone who knowingly files a firearm application containing false information

Not less than 6 months or more than 2 years in jail

A fine of not less than $500 or more than $1,000

Felony Offense

Carrying a firearm without a license

From 1 to 5 years in prison

5 to 7 years (second offense)

7 to 10 years (third offense)

10 to 15 years (fourth offense)

A fine of not less than $1,000 or more than $10,000

Felony Offense

Carrying a dangerous weapon

5 to 7 years in state prison

Felony Offense

Anyone carrying a machine gun or sawed off shotgun

2.5 years to life in prison

 

Plea Options

Only a handful of states honor a Massachusetts concealed weapons permit, yet Massachusetts does not honor permits issued from other states. This means that you can be charged with a felony if you’re caught in Massachusetts carrying a concealed weapon with a permit from another state. When facing criminal charges, you have the right to enter a plea of not guilty. The fact is that most criminal cases are resolved through plea bargains and there are two different types:

  • Charge Bargain—The prosecution may offer a deal where the defendant pleads guilty to a lesser offense or only to some of the charges against them.
  • Sentencing Bargain—The defendant pleads guilty to a reduced sentence in advance of trial.

Keep in mind that prosecutors sometimes bring multiple charges on purpose. They use it as a bargaining chip by offering to drop certain charges in exchange for a guilty plea.

Consult a Massachusetts Criminal Defense Attorney

Whether you choose to proceed to trial or take a plea arrangement, it is crucial to be represented by legal counsel. A criminal defense attorney’s primary obligation is to keep the client out of jail whenever possible. Massachusetts has very stringent gun laws and prosecutors are less likely to take the case to trial when confronted with a skilled defense attorney.

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