Pursuant to Massachusetts General Laws Chapter 140 Section 131L:
“It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.”
In order to prove a defendant is guilty of Improper Storage of Firearm, the prosecution must prove the following beyond a reasonable doubt:
Important Facts
See https://www.mass.gov/doc/7630-improper-storage-of-a-firearm/download.
Even if not loaded into a firearm, ammunition is subject to strict regulations under Massachusetts law. In fact, in legal terms, the restrictions and penalties concerning the purchase, possession and storage of ammunition are applied equally to ammunition as they are to firearms.
Massachusetts General Law Part 1 Title XX Chapter 140 Section 121 defines ammunition as:
Like firearms, ammunition must be sold by licensed individuals or companies and possessed only by individuals with a Firearms ID card. Owning, possessing or transferring ammunition without complying with these regulations is subject to the same penalties as those for firearms.
Safe storage regulation also applies to ammunition, in order to prevent accidents and unauthorized access. Under Massachusetts law, ammunition must be stored in a locked container, separate from any firearms. The container must be made of steel or other similarly strong materials, and must be able to withstand forced entry.
In addition to the locked container requirement, Massachusetts law also requires that ammunition be stored in a location that is inaccessible to children. This means that the container must be stored in a location that is not easily accessible to children, such as a locked closet or cabinet.
Failure to comply with Massachusetts’ ammunition storage laws can result in the same criminal charges as those for improper storage of firearms. It is important to note that Massachusetts’ ammunition storage laws apply to all individuals who own firearms and ammunition, regardless of whether they are licensed to carry a firearm or not. This includes individuals who own firearms for recreational purposes, as well as those who own firearms for self-defense or other lawful purposes.
To ensure compliance with Massachusetts’ ammunition storage laws, it is recommended that firearms owners purchase a high-quality, secure storage container for their ammunition. This can include a gun safe or other locking container that is specifically designed for the storage of ammunition.
For firearm owners who transport guns and ammunition in their cars, additional regulations apply based on what kind of firearm is being transported.
It is important to note a locked car does not meet the definition of a secure storage container. If a firearm owner stashes their ammunition under the seat or in the center console, they can be charged with improper storage.
A firearm owner cannot be charged for both improper storage of a firearm and improper storage of ammunition if the firearm in question is loaded with ammunition at the time. This is considered charging twice for the same crime.
In cases involving a firearm, rifle, or shotgun that is not a large capacity weapon, the maximum penalty is 18 months imprisonment and fine of up to $7500, or both
In cases involving a large capacity weapon or machine gun, the maximum penalty is imprisonment of up to 12 years and a fine of up to $15,000, including a mandatory minimum of 18 months imprisonment, or both.
In cases involving a rifle or shotgun that is not a large capacity weapon and stored or kept in a place where a person under 18 years of age who does not possess a valid firearm identification (FID) card may have access without committing an unforeseeable trespass, a violation is punishable by a fine not less than $2500 and not more than $7500 or imprisonment up to 12 years, including a mandatory minimum of 18 months, or both.
In cases involving a rifle or shotgun that is not a large capacity weapon and stored or kept in a place where a person under 18 years of age who does not possess a valid firearm identification (FID) card may have access without committing an unforeseeable trespass, a violation is punishable by a fine not less than $2500 and not more than $7500 or imprisonment up to 12 years, including a mandatory minimum of 18 months, or both.
With such serious penalties attached to firearm charges in the Commonwealth, it is important to have a knowledgeable Massachusetts gun crimes lawyer on your side. Founder and Lead Attorney Anthony R. Riccio is a former state prosecutor and experienced Massachusetts criminal defense attorney who represents individuals on gun and firearm charges throughout the state. Contact Riccio Law, LLC at (508) 226-4500 or here if you have been charged with Improper Storage of a Firearm or any other gun or firearm charge in Massachusetts.
