Facing charges for improper storage of a firearm or ammunition in Massachusetts is a serious matter that can have significant consequences on your life. Massachusetts has some of the strictest gun laws in the country, and violations can result in hefty fines, imprisonment, and a permanent criminal record.
Attorney Anthony Riccio of Riccio Law is a seasoned criminal defense lawyer and former state prosecutor who understands the complexities of Massachusetts firearm laws. He is dedicated to providing aggressive and personalized legal representation to protect your rights and achieve the best possible outcome for your case.
Contact Riccio Law today for a free consultation.
Understanding Improper Storage Laws in Massachusetts
Under Massachusetts General Laws Chapter 140, Section 131L, it is illegal to store or keep any firearm, rifle, or shotgun unless it is:
- Secured in a locked container, or
- Equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged to render the weapon inoperable by anyone other than the owner or other lawfully authorized user.
Key Points:
- Not Considered Stored if: The firearm is carried by or under the immediate control of the owner.
- Properly Secured Firearm: Stored in a locked container or fitted with a safety device that makes it inoperable to others.
Improper Storage of Ammunition
Even when not loaded into a firearm, ammunition is subject to strict storage regulations:
- Stored in a Locked Container: Made of steel or similarly strong material.
- Separate from Firearms: Ammunition must be stored separately from any firearms.
- Inaccessible to Children: Stored in a location not easily accessible to minors.
Elements of Improper Storage Charges
To convict you of improper storage of a firearm or ammunition, the prosecution must prove beyond a reasonable doubt that:
- Legal Definition: The item in question meets the legal definition of a firearm, rifle, shotgun, or ammunition under Massachusetts law.
- Knowingly Stored or Kept: You knowingly stored or kept the firearm or ammunition.
- Not Properly Secured: The firearm or ammunition was not secured when stored or kept.
Penalties for Improper Storage
Non-Large Capacity Firearms:
- Classification: Misdemeanor
- Penalties:
- Up to 18 months imprisonment
- Fine up to $7,500
- Or both
Large Capacity Weapons or Machine Guns:
- Classification: Felony
- Penalties:
- Mandatory minimum of 18 months imprisonment
- Up to 12 years imprisonment
- Fine up to $15,000
- Or both
If Accessible to Minors Without FID Card:
- Classification: Felony
- Penalties:
- Mandatory minimum of 18 months imprisonment
- Up to 12 years imprisonment
- Fine between $2,500 and $7,500
- Or both
Transportation Regulations:
- Handguns:
- Must be unloaded and secured in a locked case, trunk, or secure container if not under your direct control.
- Ammunition must be stored separately.
- Large Capacity Rifles or Shotguns:
- Must be unloaded and secured.
- Ammunition stored separately.
- Non-Large Capacity Rifles or Shotguns:
- Must be unloaded.
- Do not require a locked container but cannot be loaded.
Important Note: A locked vehicle does not qualify as a secure storage container under Massachusetts law.
Defending Against Improper Storage Charges
Building a strong defense against improper storage charges involves:
- Examining the Evidence:
- Was the firearm truly unsecured?
- Did law enforcement follow proper procedures?
- Challenging Prosecution’s Claims:
- Can the prosecution prove you knowingly stored the firearm improperly?
- Asserting Legal Defenses:
- Immediate Control Defense: Arguing the firearm was under your immediate control.
- Constitutional Violations: If your rights were violated during the search or seizure.
Attorney Anthony Riccio will thoroughly investigate your case, challenge the prosecution’s evidence, and develop a defense strategy tailored to your situation.
Why Choose Riccio Law
Experience You Can Trust
- Former State Prosecutor: Anthony Riccio’s background provides valuable insights into prosecution strategies.
- Specialized in Gun Crimes: Extensive experience defending clients against firearm and ammunition charges.
- Personalized Approach: Committed to understanding your unique circumstances and fighting for your rights.
Results-Oriented Representation
- Aggressive Defense: Prepared to take your case to trial if necessary.
- Transparent Communication: Keeping you informed every step of the way.
- Accessible and Responsive: Always available to answer your questions.
Protect your future. Contact Riccio Law today.
Frequently Asked Questions (FAQs)
What is considered a “locked container” under Massachusetts law?
A locked container is a secure storage unit designed to prevent unauthorized access, such as a gun safe or lockbox. It must be capable of withstanding forced entry and cannot be easily accessed by unauthorized individuals.
Does a locked car count as a secure storage container for firearms or ammunition?
No. Under Massachusetts law, a locked vehicle does not meet the requirements for a secure storage container.
Can I be charged for improper storage if someone trespasses and steals my firearm?
Generally, if the firearm was properly secured and someone unlawfully entered your property, you may have a defense. However, if the firearm was not properly secured, you could still face charges.
What should I do if I’m being investigated for improper storage of a firearm?
Do not speak to law enforcement without an attorney present. Contact an experienced criminal defense lawyer like Anthony Riccio immediately to protect your rights.
Are the penalties the same for improper storage of ammunition as they are for firearms?
Yes, the penalties for improper storage of ammunition are similar to those for firearms, as Massachusetts law applies strict regulations to both.
Conclusion
The stakes are high when facing charges for improper storage of a firearm or ammunition. A conviction can lead to imprisonment, hefty fines, and a permanent criminal record that can impact your future employment and rights.
Don’t navigate this challenging legal situation alone. With Attorney Anthony Riccio’s experience and dedication, you can have confidence that your case is in capable hands.
Reach out to Riccio Law for a free consultation and take the first step towards protecting your future.
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