Wrongful Possession Of A Firearm In Massachusetts
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Unlawful possession of a firearm under federal law occurs when an individual who is prohibited from owning a firearm is found in possession of one. This can include felons, individuals with restraining orders, and those with certain mental health conditions. The Gun Control Act of 1968 outlines these restrictions.
Massachusetts General Laws Chapter 269 Section 10(h)(1) makes it illegal to possess a firearm, rifle, or shotgun without a license or permit—even if you possess it merely in your home or place of business. You face a maximum sentence of 2 years imprisonment for violation of this provision.
Penalties. The crime of carrying a firearm without a license is punishable by imprisonment in the state prison for at least 2 ½ years or at least 18 months in the jail or house of correction.
The Firearms Act 1968 covers the possession of a firearm or imitation firearm with the following intentions: To endanger the life of someone else (maximum sentence 10 years imprisonment); To cause the victim to fear violence (maximum sentence life imprisonment);
For example, penalties may vary: Possession of an unlicensed gun in your home or business. Unlawful gun possession may be charged as a felony or a misdemeanor and carries a sentence of up to two years in prison.
In Massachusetts, a felony is defined as a crime that can be punished by a state prison sentence up to and including life in prison. If the law that a person is charged with committing includes a possible state prison sentence, it is considered a felony in Massachusetts.
Where the issue is constructive possession rather than actual physical possession, the Commonwealth must prove that “in addition to knowledge and the ability to exercise control over the firearm, the defendant must have the intention to do so.” Commonwealth v. Costa, 65 Mass. App.
The crime of carrying a firearm without a license is punishable by imprisonment in the state prison for at least 2 ½ years or at least 18 months in the jail or house of correction.
