Gun Crimes and Gun Licensing

There are numerous state and federal laws that impact gun crimes and gun licensing.

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You could be charged in State or Federal Court for incidents related to your possession and use of a gun.​

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Some of the most common gun crimes that you can face are as follows: please also note that some of these crimes come with mandatory minimum sentences in jail or prison, some of which have been noted below:

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• FIREARM, CARRY WITHOUT LICENSE Chapter 269, Section 10(a) (this offense carries a mandatory minimum 18 months in jail)

• POSSESSION OF A MACHINE GUN Chapter 269, Section 10(c) (this offense carries a mandatory minimum 18 months in jail)

• FIREARM/AMMUNITION WITHOUT FID CARD Chapter 269, Section 10(h)(1)

• FIREARM, POSSESS LARGE CAPACITY Chapter 269, Section 10(m)

• IMPROPER STORAGE Chapter 140, Section 131L

• FIREARM IN FELONY, POSSESS Chapter 265, Section18B

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Under Massachusetts General Law Chapter 269 10G, if you are charged with some of the crimes listed above, and you have a prior conviction for either a  serious drug offense or a violent crime, then:

You face a minimum mandatory 3 years in state prison, with a possible sentence up to 15 years.

If you have convictions for two prior serious drug offenses or violent crimes, then:

You face a minimum mandatory 10 years in state prison with a possible sentence up to 15 years.

If you have convictions for three prior serious drug offenses or violent crimes, then:

You face a minimum mandatory 15 years in state prison with a possible sentence up to 20 years.

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You could also be charged under Federal law with some of the following crimes:

• Felon in Possession of a Firearm 18 U.S.C. § 922(g)(1)

• Armed Career Criminal 18 U.S.C. 924(e)

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You may also be denied a gun license in Massachusetts or have one suspended. There are generally two types of gun licenses that an individual can qualify for in Massachusetts.

In order to obtain one of these licenses, you must apply through your local police department. Your local police chief is considered the "licensing authority" for purposes of issuing a firearms license. The police will provide you with forms necessary to obtain your license.

A License to Carry Firearms (LTC): A new LTC applicant must be 21 years of age to qualify. You will need to take a class and pay $100.00 for the LTC itself, in addition to other requirements. Once issued, a LTC is valid for 6 years. The statutes governing a LTC's issuance are MGL Ch. 140, Sec. 131. A LTC permits the purchase and possession of large- and non-large-capacity firearms, feeding devices, and ammunition. This license also allows you to carry a firearm for specific purposes, including handguns in a concealed fashion. However, the licensing authority has discretion to place restrictions on your license that may limit the purposes for which you are permitted to possess / carry a firearm. Remember, a LTC is a "may issue" license, which means the police have some discretion in denying / suspending your license or adding restrictions. These adverse decisions by the police can be challenged in court.

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Click below to read Massachusetts Gun Law Chapter 140, Section 131

General Law - Part I, Title XX, Chapter 140, Section 131 (malegislature.gov)

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A Firearms Identification Card (FID): New FID applicants must be 18 years (or 14–17 with parental consent). Applicants 14 years old can submit an application, but the license will not be issued until they attain the age 15). The fee for a FID card is $100.00 for people 18 and over. There is a $25 fee for applicants under 18 years of age. It is valid for 6 years. FID cards permit the purchase, possession / carrying of non-large-capacity rifles and shotguns. You also need a FID card to purchase ammunition for your non-large capacity rifle or shotgun.  MGL Ch. 140, Sec. 129B governs the issuance of a FID card. The FID card is a “shall issue” license, which means the licensing authority “shall issue” the license if the applicant is not a prohibited person under the statute. The licensing authority may not unilaterally deny a FID card. To deny a FID card, the licensing authority has to petition the district court for the court to deny the license.

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Click below to read Massachusetts Gun Law Chapter 140, Section 129B

General Law - Part I, Title XX, Chapter 140, Section 129B (malegislature.gov)