Facing charges for unlawful possession of a large capacity firearm in Massachusetts is a serious matter that demands immediate attention. The state’s stringent gun laws can result in severe penalties, including mandatory prison sentences. If you’re in this situation, you need an experienced Massachusetts large capacity firearm defense lawyer to protect your rights and build a strong defense on your behalf.
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Understanding Unlawful Possession of Large Capacity Firearms in Massachusetts
Under Massachusetts General Laws Chapter 269 Section 10(m), it’s illegal to possess a large capacity weapon or feeding device unless you are exempt by statute or have a valid Class A or B License to Carry (LTC) firearms. Simply possessing a valid Firearm Identification (FID) card is not a defense against this charge, though it may lead to lesser penalties.
Key Points to Understand:
- Strict Regulations: Massachusetts has some of the strictest gun laws in the country.
- License Requirements: A Class A or B LTC is necessary for lawful possession.
- FID Card Limitations: An FID card alone does not permit possession of large capacity firearms.
Penalties for Unlawful Possession of Large Capacity Firearms
Being convicted of this offense carries severe consequences:
- Without a Valid FID Card:
- Up to 10 years in state prison.
- Mandatory minimum sentence of 2.5 years in state prison.
- With a Valid FID Card:
- Up to 10 years in state prison.
- Mandatory minimum sentence of 1 year in state prison.
These penalties underscore the importance of having skilled legal representation to navigate the complexities of your case.
Facing Severe Penalties? – Contact Riccio Law to Protect Your Future
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish four critical elements beyond a reasonable doubt:
- Possession: You had physical control over the item.
- Legal Definition: The item is legally defined as a large capacity weapon or feeding device.
- Knowledge of Possession: You were aware that you possessed the item.
- Knowledge of Capacity: You knew the item met the legal definition of large capacity or was capable of holding more than ten rounds of ammunition or more than five shotgun shells.
Defending Against These Elements:
- Disputing Possession: Arguing that you did not have control over the firearm.
- Challenging Definitions: Questioning whether the item meets the legal criteria.
- Lack of Knowledge: Demonstrating you were unaware of the item’s capacity.
What Constitutes a Large Capacity Weapon or Feeding Device?
Understanding what qualifies as a large capacity weapon or feeding device is crucial for your defense.
Large Capacity Weapon:
- Semi-Automatic Firearm: With a fixed large capacity feeding device.
- Detachable Feeding Device: Capable of accepting or readily modifiable to accept a detachable large capacity feeding device.
- Rotating Cylinder: Employs a cylinder holding more than ten rounds or five shotgun shells.
- Assault Weapons: Classified under specific federal or state guidelines.
Large Capacity Feeding Device:
- Magazines and Drums: Fixed or detachable devices holding more than ten rounds or five shotgun shells.
- Conversion Capability: Can be readily converted to hold additional ammunition.
- Federal Definitions: As outlined in the Federal Public Safety and Recreational Firearms Use Protections Act.
Why You Need a Specialized Massachusetts Gun Crimes Lawyer
Navigating the complexities of Massachusetts gun laws requires specialized legal expertise.
Benefits of Hiring a Specialized Lawyer:
- In-Depth Knowledge: Understanding of nuanced state and federal gun laws.
- Strategic Defense: Ability to craft a defense that challenges the prosecution’s case.
- Experience in Local Courts: Familiarity with Massachusetts courts and prosecutors.
- Protecting Your Rights: Ensuring all legal procedures were correctly followed during your arrest and investigation.
Don’t Risk Your Future
Let an Experienced Attorney Defend Your Rights
Attorney Anthony R. Riccio’s Expertise in Gun Crime Defense
Attorney Anthony R. Riccio brings years of experience and a proven track record in defending clients against gun-related charges.
Why Choose Attorney Riccio:
- Former Prosecutor: Offers unique insights into the prosecution’s strategies.
- Personalized Approach: Tailors defense strategies to each client’s specific circumstances.
- Client-Centered Representation: Prioritizes communication and transparency.
- Successful Outcomes: Has achieved reductions in charges and dismissals for past clients.
Don’t Wait—Your Future Depends on Swift Action
The sooner you engage legal representation, the better your chances of a favorable outcome.
We’re here to defend your rights and protect your future.
FAQs About Unlawful Possession of Large Capacity Firearms in Massachusetts
Is possessing a large capacity firearm always illegal in Massachusetts?
No, it is legal if you have a valid Class A or B LTC and are not otherwise prohibited from possessing firearms.
Can an FID card holder legally possess a large capacity feeding device?
No, an FID card does not permit the possession of large capacity weapons or feeding devices.
What if I was unaware that the firearm was classified as large capacity?
Lack of knowledge may be a defense, as the prosecution must prove you knew the firearm met the large capacity definition.
Are there any exemptions to this law?
Certain individuals, such as law enforcement officers, may be exempt when performing official duties.
Have More Questions? – Contact Attorney Riccio for Answers Specific to Your Situation
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