Steven J. Topazio - Attorney At Law

Weapons Charges/Gun Possession

Massachusetts Weapons Attorney

Have you been charged with unlawfully possessing a firearm or other deadly weapon in Boston, Massachusetts?
Contact a Boston Gun Lawyer - Criminal Defense Attorney Steven J. Topazio

If you or someone you know has been arrested for any weapon-related crime in Suffolk County, it is crucial that you contact an experienced Weapons Defense Lawyer as soon as possible.

Carrying a Firearm

If you are accused of using a weapon during the commission of a crime, or carrying an unlawful weapon, you are facing serious consequences.  In Suffolk and surrounding counties, prosecutors aggressively prosecute criminal activities involving weapons, since crimes involving weapons carry mandatory sentencing.  Thus, few plea bargains are offered for cases involving the illegal carrying of a firearm.  This makes it extremely important to promptly retain an experienced criminal defense lawyer once you are accused of carrying a firearm or other dangerous weapon violation.

Illegal weapons in Massachusetts can include:

• Handgun/Pistol/ Revolvers
• Antique Firearm
• Sawed-Off Shotgun
• Knives/Switchblades
• Batons/Billy Clubs
• Automatic Firearms 

Massachusetts Laws

• MGL c.140, s.121 Definitions of Firearm Types
• MGL c.140, s.129C Non-Residents Carrying Firearms: Rifle or Shotgun
• MGL c.140, s.131 License to Carry: Class A or B - Resident
• MGL c.140, s.131F License to Carry: Class A or B - Non-Resident
• MGL c.140, s.131G Non-Residents Carrying Firearms: Pistol or Revolver
• MGL c.140 s.131K Firearm Safety Devices
• MGL c.140 s.131L Storage of Weapons
• MGL c. 140 s. 131P Firearms Safety Training
• MGL c.269, s.10. Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment. Subsection (j) prohibits carrying a weapon on the grounds of a school or university.

Selected Case Law

Commonwealth v. Fettes, 64 Mass.App.Ct. 917 (2005). A dog can be a dangerous weapon. "A dangerous weapon is 'any instrument or instrumentality so constructed or so used as to be likely to produce death or great bodily harm.' Commonwealth v. Farrell, 322 Mass. 606, 614-615 (1948). See also Anderson, Wharton's Criminal Law and Procedure, § 361. There can be little doubt that a dog . . . used for the purpose of intimidation or attack falls within this definition." Commonwealth v. Tarrant, 2 Mass. App. Ct. 483, 486 (1974)."

Commonwealth v. Runyan, 456 Mass. 230 (2010). Trigger locks or locked containers can be required. The Second Amendment is not incorporated under the Fourteenth Amendment's guarantee of substantive due process and therefore does not apply to the States. Further, the General Laws c. 140, § 131L (a) can be distinguished from the law ruled unconstitutional in Heller, because "an individual with a valid firearms identification card issued under G. L. c. 140, § 129C, is not obliged to secure or render inoperable a firearm while the individual carries it or while it remains otherwise under the individual's control...; the statute therefore does not make it impossible for those persons licensed to possess firearms to rely on them for lawful self-defense."

District of Columbia v. Heller, 554 US __, 128 S.Ct. 2783 (June 26, 2008). "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."

Mandatory Sentences

Stakes are high in any criminal matter. This is especially true in gun cases, where mandatory minimum sentences may remove any opportunity to negotiate a plea bargain with a prosecutor or judge.  Careers are often derailed or ruined when a weapons charge results in a mandatory prison sentence.

Unlawful Possession

Other weapons charges focus on the weapon itself such as owning a handgun without a permit, possessing an unlicensed gun, failing to follow gun sales regulations, possessing a machine gun or assault weapon, or unlawful possession of a fake or imitation handgun with intention to use it illegally.

Defense

Was the gun discovered by the police as a result of an illegal search? Seek the most aggressive criminal defense attorney you can find if you have been charged with a weapons crime of any type.Even though a citizen of the Commonwealth can lawfully obtain a permit to possess a firearm, there are still a number of restrictions about when and where you can carry a gun. From knives and switchblades to guns and other firearms, there are serious consequences for weapons crimes, including jail time and the loss of gun rights.

Comprehensive Investigation and Case-Building

Attorney Steven J. Topazio is prepared to investigate every aspect of the allegations and circumstances of your case, in order to identify the right strategy and build an aggressive defense on your behalf. Contact Attorney Topazio online or call 617-422-5803 to discuss your case.