Illegal Possession of Firearms in Massachusetts
Possessing a firearm without the required permits is a serious criminal offense in Massachusetts, carrying strict penalties for individuals found in possession of a firearm without proper authorization. Massachusetts has some of the strictest firearm laws in the country, and possessing a firearm without the required permits or licenses can result in severe consequences. Defense Attorney Adela Aprodu offers skilled legal representation for clients accused of illegal firearm possession, ensuring that their rights are protected throughout the legal process.
What Constitutes Illegal Possession?
Under Massachusetts General Laws Chapter 269, Section 10, illegal possession of a firearm occurs when an individual has a firearm without holding a valid License to Carry (LTC) or Firearms Identification Card (FID). The law covers various types of firearms, including pistols, rifles, shotguns, and other weapons.
Illegal possession charges can apply in situations where:
- An individual has a firearm without the required LTC or FID.
- The firearm is found in a vehicle or on the premises without a valid license.
- The firearm is unregistered or in violation of state storage requirements.
In Massachusetts, merely holding or transporting a firearm without proper authorization can lead to serious legal consequences.
Penalties for Illegal Possession of a Firearm
The penalties for illegal possession vary depending on the circumstances of the offense and the individual’s criminal record. Potential penalties include:
- First Offense: Minimum mandatory sentence of 18 months to 2 ½ years in jail. Massachusetts law requires this minimum sentence, and judges do not have discretion to impose a lighter penalty.
- Second or Subsequent Offenses: Repeat offenses carry harsher penalties, with longer jail terms and increased fines.
- Firearm in a Vehicle: If a firearm is found in a vehicle without a permit, the driver and passengers may face additional charges, regardless of whether they own the weapon.
In addition to jail time and fines, a conviction for illegal possession can lead to a permanent criminal record, impacting employment, housing, and other areas of life.
How Defense Attorney Adela Aprodu Can Help
Facing a charge of illegal possession requires a strategic defense. Attorney Adela Aprodu has extensive experience handling firearm-related charges and works tirelessly to protect her clients’ rights. Her approach includes:
Questioning the Legality of the Search: Attorney Aprodu examines whether law enforcement followed proper procedures when discovering the firearm. Unlawful searches and seizures can lead to evidence being excluded from court.
Challenging Ownership or Knowledge: In cases where the firearm was found in a shared space or vehicle, Attorney Aprodu argues that her client may not have known about the weapon or did not own it.
Exploring Licensing Exceptions: Attorney Aprodu examines potential exceptions or defenses related to licensing, such as temporary possession, exemptions for certain occupations, or misunderstandings related to an expired license.
Negotiating with Prosecutors: If possible, Attorney Aprodu negotiates with the prosecution to reduce charges or pursue alternative penalties that do not involve jail time.
Related Firearm Offenses
Illegal possession charges often intersect with other firearm-related offenses in Massachusetts. Here are related offenses that may accompany or overlap with illegal possession:
- Unlicensed Carry: Carrying a firearm without a license in public spaces can lead to separate charges, especially if the firearm is loaded.
- LTC/FID Appeals: For individuals whose license applications were denied or whose licenses were revoked, appealing these decisions is essential to avoid legal consequences.
Attorney Adela Aprodu provides a comprehensive defense strategy, addressing any additional charges to ensure the best possible outcome for her clients.
Conclusion
A charge of illegal possession of a firearm in Massachusetts is a serious offense, with consequences that can affect your future. Defense Attorney Adela Aprodu offers the skilled legal representation you need to protect your rights and build a strong defense. Contact Defense Attorney Aprodu today to discuss your case and explore your options for a favourable resolution.