If You Own a Gun in Massachusetts, Be Aware of Public Ways
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
Free Consultation
Even if you have the appropriate license for your firearm, Massachusetts generally prohibits possession of a loaded rifle or shotgun in any public way.
In Massachusetts, a “public way” is any street, highway, or pathway that is open to the public and is controlled and maintained by a governmental body like the state or a municipality. This includes a wide range of roads and areas, from interstate highways and state roads to town streets and even some parking lots where the public has a right of access. The key factors are public access and government control or maintenance.
Unloaded rifles or shotguns may be carried in public by licensed persons as long as they are enclosed in a case. However, there may be exceptions for hunting purposes.
Possession of a shotgun or rifle on a public way can be a felony or misdemeanor charge, resulting in:
- A fine between $100 and $1,000 carrying an unloaded shotgun or rifle on a public way
- Two years in jail and a fine between $500 and $5,000 for carrying a loaded shotgun or rifle on a public way
- Up to 10 years in prison for carrying an unloaded large-capacity shotgun or rifle with a partially large capacity loader
- Up to 10 years in prison and a $10,000 fine for carrying a loaded large-capacity shotgun or rifle
