Guns, Firearm, and Weapons Offenses

Most states, including Massachusetts, seek to strike a balance between the 2^nd Amendment protections to bear arms and the need for safety by prohibiting conduct, such as filing serial numbers off of weapons.

If you’ve been charged with a firearm or weapons offense, please call my office.  I offer dedicated representation, affordable fees, a free consultation, and a commitment to seeking the best outcome for your case.

Dangerous Weapon

In Massachusetts it is illegal for an individual to carry a dangerous weapon. Dangerous weapons include, but are not limited to:

• Guns and Firearms
  
• Certain types of knives
• Spiked armbands
• Metal knuckles

To be criminally convicted of carrying a dangerous weapon the individual must have the weapon in his/her control, on his/her person, or in his/her vehicle.

Firearm Specific Offenses

In Massachusetts a firearm is defined as a pistol, revolver, or other weapon. They can generally be identified by having a barrel of less than 16 inches and the ability to discharge shots or bullets.

Criminal consequences can be imposed for simply possessing a firearm if the rules for having proper identification cards are not abided by.

Under Massachusetts law firearms must bear a serial or identification number that is permanently inscribed on a visible portion of the gun. It is illegal to intentionally remove, deface, alter or manipulate the serial number or identification number. In the Commonwealth, it is also illegal to knowingly accept or receive a gun that has a defaced identification or serial number.

Illegal firearm and  weapons charges in Massachusetts include:

Carrying a Firearm: To be found guilty of this offense, the Government must prove:

1. That the Defendant had in his or her possession (or control in a car) a firearm.
2. That item found on the Defendant or within the Defendant’s control was in fact a “firearm” as defined by the law.
3. That the Defendant knew that he/she either had possession or control within a car of this item that is defined a “firearm”.

Defacing Firearm Serial Number: To be found guilty of this offense, the government must prove:

1. That the item in question was a firearm.
2. That Defendant knew that it was a firearm.
3. That the Defendant intentionally removed, defaced, altered, obliterated or mutilated in some manner a serial or identification number on the firearm.

Receiving a Firearm with a Defaced Serial Number: Combining the two offenses together, it is a crime to knowingly receive a firearm with a defaced serial number. To prove an individual guilty of this offense, the government must prove:

1. That the item in question was a firearm.
2. That Defendant knew that it was a firearm.
3. That the Defendant intentionally removed, defaced, altered, obliterated or mutilated in some manner a serial or identification number on the firearm.

Penalties for Dangerous Weapon and Firearm Offenses

Penalties can vary widely based on the circumstances of the offense. Penalties can range from probation up to decades in prison.

Call for a Free Consultation

Weapons charges are typically considered felonies in most states and can result in long periods of incarceration. If you’ve been charged with a weapons violation, please call to find out how I and my firm can help you.