Top 10 Things You Need to Know If You're Charged with Having a Gun in Massachusetts
Facing a gun charge in Massachusetts is serious business. The Commonwealth has some of the strictest firearm laws in the country, and violations can carry harsh penalties—even if you had no criminal intent. Whether you’re a lawful gun owner caught in the wrong situation or someone who didn’t even know a firearm was present, a gun charge can put your freedom, your record, and your future at risk.
As Massachusetts criminal defense lawyers who’ve handled countless firearm cases, we’ve put together this guide to help you understand what you’re up against and how to protect yourself. If you’ve been charged with unlawful possession of a firearm or any other gun-related offense, here are the top 10 things you need to know:
1. Massachusetts Gun Laws Are Some of the Strictest in the Country
Massachusetts doesn’t play around when it comes to firearms. You need a license to carry or possess a firearm, and the state places heavy restrictions on who can own, transport, or even store a gun. If you're caught with a gun and don’t have the proper license—or your license is expired, suspended, or revoked—you can be charged with a felony. The law also covers ammunition, large-capacity magazines, and certain firearm components.
2. A Gun Charge Is Almost Always a Felony
Most gun offenses in Massachusetts are charged as felonies, not misdemeanors. That means you’re not just facing possible jail time—you’re also at risk of losing your civil rights, including your ability to vote, serve on a jury, or legally own firearms in the future. A felony conviction will follow you for life and can impact everything from housing and employment to child custody and immigration status.
3. Some Gun Charges Come with Mandatory Minimum Sentences
One of the harshest aspects of Massachusetts gun laws is the use of mandatory minimums. For example, if you’re convicted of unlawfully carrying a firearm outside your home or business, you face a mandatory minimum sentence of 18 months in jail—no parole, no probation, no early release. Judges have no discretion to reduce the sentence, even in first-time offender cases. If you have previous gun convictions, or convictions for violent offenses or even past drug convictions, that mandatory-minimum sentence escalates quickly. That’s why having the right legal strategy is critical.
4. You Don’t Need to Be Holding the Gun to Be Charged
In Massachusetts, “constructive possession” is enough to get you charged. That means even if the gun wasn’t in your pocket or your hand, you could be charged if the firearm was found in a place over which you had control—like your car, your bedroom, or even under your seat in someone else’s vehicle. Prosecutors don’t need to prove ownership; they just need to prove you knew the gun was there and had the ability to access it.
5. The Police Must Follow the Rules When Searching for a Gun
The U.S. Constitution and Massachusetts Declaration of Rights protect you from illegal searches and seizures. If the police searched your car, your home, or your belongings without a warrant or valid exception, any evidence they found—including a gun—may be excluded from court. A skilled defense lawyer will examine every detail of the search to see if your rights were violated and whether a motion to suppress should be filed.
6. A Gun Charge Doesn’t Automatically Mean a Conviction
Just because you’ve been charged doesn’t mean you’ll be convicted. The Commonwealth has the burden of proving every element of the crime beyond a reasonable doubt. That includes proving you knowingly possessed the firearm, that it was operable, and that you weren’t licensed. There are many valid defenses to gun charges, from lack of knowledge and improper police procedures to licensing issues and constitutional violations.
7. Licensing Mistakes Happen—And They Matter
Many gun charges stem from misunderstandings or administrative issues with gun licenses. Maybe your license was expired and you didn’t know. Maybe you had a valid license from another state and assumed it applied in Massachusetts. While not always a complete defense, licensing errors can often be the basis for reduced charges or a favorable plea, especially for individuals with no prior criminal history.
8. A Conviction Can Affect More Than Just Your Freedom
Beyond incarceration, a gun conviction can affect your ability to get a job, maintain custody of your children, or obtain housing. It can also lead to the loss of your gun rights, driver’s license suspension, and, for non-citizens, potential deportation. If you’re convicted of a felony gun offense, the long-term consequences can be life-altering—which is why it’s so important to fight the charge from the beginning.
9. You Can—and Should—Challenge the Evidence
In every case, it’s critical to question how the police found the gun, whether they followed proper procedures, and whether the prosecution can prove you knowingly possessed it. Your lawyer should examine the arrest reports, body camera footage, forensic reports, witness statements, and all other evidence. If any link in the chain is weak, the entire case could fall apart. Don’t assume the evidence is solid just because you were charged.
10. The Lawyer You Choose Could Make or Break Your Case
Gun cases are technical, serious, and often high-stakes. You need a defense attorney who understands the nuances of Massachusetts gun laws, knows how to challenge the evidence, and has a track record of fighting—and winning—these cases. Whether it’s pushing for dismissal, filing a motion to suppress, negotiating a deal, or taking your case to trial, your lawyer must be prepared to do whatever it takes to protect your freedom.
Conclusion: Don’t Wait—Get Help Now
If you’re facing a firearm charge, time is not on your side. Prosecutors in Massachusetts treat these cases aggressively, and the penalties are unforgiving. But with the right lawyer, the right strategy, and a commitment to defending your rights, you can give yourself a fighting chance.
At Benzaken, Maguire, Sheehan & Wood, LLP, we’ve helped countless people charged with gun offenses navigate the legal system and fight back against tough prosecutors. Whether it’s your first offense or you’re facing serious time, we’re here to help.
Call us today at (508) 897-0001 for a free, confidential consultation with an experienced Massachusetts criminal defense attorney.