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The Massachusetts Legislature defines Possession of a Firearm, Rifle, Shotgun, without a license outside of home or business under Massachusetts General Law Chapter 269 §10(a) as follows:
*PLEASE NOTE THE GOVENOR IN OCTOBER 2024 HAS RECENTLY ENACTED NEW FIREARM LEGISLATION, CONTACT AN EXPERIENCED ATTORNEY IMMEDIATELY IF YOU HAVE BEEN CHARGED WITH A FIREARM(S) OFFENSE IN THE COMMONWEALTH.
Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:
(1) being present in or on his residence or place of business; or
(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or
(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or
(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or
(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:
(1) being present in or on his residence or place of business; or
(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or
(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or
(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or
(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or
(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.
No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.
The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person 18 years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and 18 so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.
The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant (A: had an item under their control in a vehicle) (or) (B: possessed an item);
Second: That the item the defendant (A: had under their control in a vehicle) (B: possessed) met the legal definition of a (firearm) (rifle) (shotgun);
Third: That the defendant knew that they [A: had a (firearm) (rifle) (shotgun) under their control in a vehicle] [B: possessed a (firearm) (rifle) (shotgun)]; and
Fourth: That the defendant did not have a valid license to possess a (firearm) (rifle) (shotgun); (and)
To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant (A: had an item under their control in a vehicle) (or) (B: possessed an item).
To prove the second element, the Commonwealth must prove beyond a reasonable doubt that the defendant (A: had under their control in a vehicle) (B: possessed) an item that qualifies as a (firearm) (rifle) (shotgun) under the law.
To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the defendant knew that they [had a (firearm) (rifle) (shotgun) under their control in a vehicle] [possessed a (firearm) (rifle) (shotgun)] and also knew that the item was a (firearm) (rifle) (shotgun) within the common meaning of that term. This requires you to make a decision about the defendant’s state of mind at that time. You may examine the defendant’s actions and words, all of the surrounding circumstances, and any reasonable inferences from the evidence, to help you determine the extent of the defendant’s knowledge at the time. If it was a conventional (firearm) (rifle) (shotgun), with its obvious dangers, the Commonwealth is not required to prove that the defendant knew that the item met the legal definition of a (firearm) (rifle) (shotgun).
To prove the fourth element, the Commonwealth must prove beyond a reasonable doubt that the defendant did not have a valid [license to carry a firearm] [firearms identification card or license to carry a (rifle) (shotgun)].
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.