MA and Federal Firearms Offenses

Defense Against State & Federal Firearms Charges in Massachusetts

Facing a firearms charge is an overwhelming experience. Massachusetts maintains some of the strictest gun laws in the country, many carrying severe mandatory minimum prison sentences. Federal firearms indictments also bring very high stakes.

When your freedom, record, and constitutional rights are on the line, you need a defense attorney who understands more than just courtroom procedure. You need someone who understands the technical mechanics of firearms, the intricacies of state and federal gun statutes, case law, and how to assert your Second Amendment rights effectively.

Attorney Daniel C. Hagan provides dedicated criminal defense for individuals facing state and federal weapons charges across Massachusetts.

Firearms Charges Handled

Firearms allegations often stem from misunderstanding complex regulations, improper traffic stops, illegal searches, or shifting state statutes. Attorney Hagan defends clients facing a wide array of criminal charges, including:

Massachusetts State Firearms Offenses

Carrying a Firearm Without a License (LTC/FID): Charges involving handguns, rifles, or shotguns carried without proper state licensing.
Possession of a Firearm or Ammunition Without a License (LTC/FID): Allegations of possessing firearms, high-capacity magazines, or ammunition without a valid license.
Improper Storage of a Firearm: Accusations of failing to secure a firearm in a locked container or with a tamper-resistant lock under Massachusetts law.
Possession of Large-Capacity Feeding Devices or Weapons: Alleged violations involving regulated “assault weapons” or magazines holding more than 10 rounds.
Carrying a Loaded Firearm Under the Influence: Charges related to carrying a weapon while allegedly impaired by alcohol or drugs.
Ghost Guns & Serial Number Alteration: Charges involving untraceable firearms, frame/receiver possession, failing to register a serial number, or altered serial numbers.

Federal Firearms Offenses

Felon in Possession of a Firearm (18 U.S.C. § 922(g)): Federal charges alleging possession of a firearm or ammunition by a prohibited person.
Possession of a Firearm in Furtherance of a Violent Crime or Drug Offense (18 U.S.C. § 924(c)): Federal enhancements that carry heavy ma,ndatory consecutive prison terms.
Unlawful Transfer, Trafficking, or Straw Purchasing: Allegations of selling, shipping, or purchasing firearms across state lines or for prohibited individuals.
Unlawful Possession of NFA Firearms: Charges involving unregistered suppressors, short-barreled rifles, or fully automatic weapons.

Understanding the Difference: State vs. Federal Firearms Cases

Defense Factor	MA State Court	Federal Court
Pretrial Release	Bail hearings in District or Superior Court	Detention hearings under the Bail Reform Act
Sentencing Rules	Statutory mandatory minimums (e.g., 18 months for carrying without a license)	Federal Sentencing Guidelines & statutory mandatory minimums
Investigating Agencies	Local police departments, State Police	ATF, FBI, HSI, DEA
Prosecuting Agency	Local District Attorney or Attorney General	U.S. Attorney's Office

Both systems move quickly and carry lifelong consequences. Building a strong defense early is essential in either court system.

Common Questions When Charged with a Firearm Offense

Does a Massachusetts gun charge carry mandatory jail time?

Yes, several Massachusetts firearms offenses carry statutory mandatory minimum prison sentences. For example, carrying a firearm without a license carries an 18 month mandatory minimum sentence in state prison or a house of correction. Because judges cannot reduce a mandatory minimum upon conviction, challenging the evidence before trial is critical.

How can a legal defense challenge a gun charge?

A defense strategy depends on the specifics of your case, but common approaches include:

Challenging the Stop & Search: If police stopped your vehicle or searched your home, bag, or person without reasonable suspicion, probable cause, or a valid warrant, the court may exclude the seized firearm from evidence.
Contesting "Constructive Possession": If a gun was found in a shared vehicle or home, the prosecution must prove beyond a reasonable doubt that you knew the gun was there and had the intent and power to control it.
Technical & Mechanical Evaluation: Demonstrating whether an item meets the strict legal definition of a "firearm," "frame," or "large-capacity device" under current law.
Constitutional Challenges: Applying recent U.S. Supreme Court Second Amendment precedents to challenge the constitutionality of specific gun restrictions or criminal charges.

Why is specialized firearms knowledge important for your attorney?

Firearm laws turn on precise technical definitions. These include action types, storage devices, mechanical functionality, and state definitions of "firearms" versus "air guns" or antique weapons. An attorney who understands firearms mechanics can identify flaws in police ballistics reports, challenge flawed physical evidence, and explain technical realities clearly to a judge or jury.

Why Choose Attorney Daniel C. Hagan

Focused Practice: Firearms law isn't an occasional add-on to Attorney Hagan's work. It is a primary area of focus for his practice.
Dual Court Admissions: Licensed to practice in both Massachusetts state courts and the U.S. District Court for the District of Massachusetts.
Technical Understanding: As a long-time firearms enthusiast, Attorney Hagan brings practical knowledge of firearm mechanics, ammunition, and accessories to every legal challenge.
Constitutional Advocacy: Attorney Hagan regularly challenges overreaching gun laws, advocating for clients' constitutional rights.

Talk to a Massachusetts Firearms Defense Attorney Today

If you or a loved one faces state or federal firearms charges in Massachusetts, taking fast action gives you the best opportunity to protect your record and your freedom.

Schedule a free, confidential consultation to discuss your case and learn how we can help.