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The Massachusetts Legislature defines Possession of a Loaded Firearm, Rifle, Shotgun, without a license outside of home or business Chapter 269 §10(H)(1) as follows:
(h)(1) Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph.
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)
Fifth: That the defendant possessed the firearm outside of their residence or place of business.
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)].
To prove the fifth element, the Commonwealth must prove beyond a reasonable doubt that the defendant possessed the (firearm) (rifle) (shotgun) outside of their residence or place of business.
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.