Improper Storage of Firearm

IMPROPER STORAGE OF

Elements of Improper Storage of Firearm in Massachusetts

In order to prove a defendant is guilty of Improper Storage of Firearm, the prosecution must prove the following beyond a reasonable doubt:

1. The item in question meets the legal definition of a firearm, rifle, or shotgun in the Commonwealth of Massachusetts;>
2. The defendant knowingly kept or stored the firearm, rifle, or shotgun; and
3. The firearm, rifle, or shotgun was not secured (when stored or kept).

Important Facts

• A firearm, rifle, shotgun, is not kept or stored when it is carried by the defendant or under his/her immediate control.
  – A firearm, rifle, or shotgun is carried when there is actual physical possession of it.
  – To be under one’s immediate control, the individual must be close enough to the firearm, rifle, or shotgun to immediately prevent its unauthorized use.
• A firearm is not secured when it is accessible to a person not authorized by law.
• For a firearm to be properly secured, it must be stored in a locked container or have an engaged tamper-resistant mechanical lock or other safety device.
• A safety device is properly engaged when it renders the firearm, rifle, or shotgun inoperable by anyone other than the owner or other lawfully authorized user.

See https://www.mass.gov/doc/7630-improper-storage-of-a-firearm/download.

Penalties

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

Misdemeanor

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.

Felony

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.

Felony

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.

Felony

Contact attorney Anthony Riccio for improper storage of a firearm in MA

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.