What Are the Penalties for Illegal Gun Possession in Massachusetts?

Massachusetts has some of the toughest gun laws in the country. If you are found in possession of a firearm without the proper license, you could face severe criminal penalties — including mandatory minimum jail sentences — as well as long-term consequences such as a permanent criminal record and loss of your right to own or carry firearms in the future.

If you’ve been charged with illegal possession of a firearm, it’s critical to contact an experienced Massachusetts gun crime defense lawyer immediately.

Types of Gun Licenses in Massachusetts

Massachusetts law recognizes two main types of firearm licenses:

• Firearm Identification Card (FID):
  Allows a person to purchase, possess, or transport rifles and shotguns that are not classified as large-capacity. “Large capacity” means any semi-automatic firearm capable of holding more than ten rounds (for rifles or handguns) or more than five shells (for shotguns).
• License to Carry (LTC):
  Allows a person to purchase, possess, borrow, lease, or carry all lawful firearms, including large-capacity weapons and handguns. An LTC is also required to carry a concealed firearm.

Penalties for Illegal Gun Possession

The severity of gun possession charges depends on the circumstances of the arrest — such as whether the firearm was carried in public, loaded, or transported in a vehicle.

Possession of an Unlicensed Gun in Your Home or Business

• May be charged as a felony or misdemeanor
• Punishable by up to 2 years in jail
  

Carrying a Handgun in Public Without a License

• Carries a mandatory minimum sentence of 18 months in jail or state prison — even for a first offense
• The mandatory sentence must be served in full (it cannot be suspended or reduced)

Carrying a Loaded Firearm Without a License

• An additional penalty of up to 2.5 years in prison may be imposed on top of the 18-month mandatory minimum

Illegal Transport of a Firearm in a Vehicle

To legally carry a gun in a vehicle:

• You must have a valid LTC, and
• The gun must be within your direct control.

If left unattended, the firearm must be unloaded and secured in a locked container.

• With an FID or LTC, you may transport a non-large-capacity rifle or shotgun if it is unloaded.
• To transport large-capacity firearms, you must have an LTC, and the gun must be unloaded and locked in a case or secure container.

Get Experienced Legal Help

Even a first-time gun charge in Massachusetts can result in jail time and lasting damage to your record. A skilled defense attorney can evaluate whether the stop, search, or seizure of the firearm was lawful — and, if not, move to have the evidence suppressed.