What are the penalties for firearms or weapons charges in Massachusetts?
First and foremost, you should know that Massachusetts District Attorneys take firearm and weapon cases VERY seriously. If you’ve been arrested with an unregistered or otherwise illegal gun, you should speak with an attorney before making any (additional) statements to law enforcement. If you are convicted of carrying a firearm without an F.I.D card, you face a mandatory minimum eighteen-month house-of-correction sentence. A mandatory minimum sentence means that the judge has no discretion to impose a lighter sentence or to provide probation. The minimum mandatory penalties are heightened if you have prior convictions for similar offenses.
What is an FID in Massachusetts?
FID stands for Firearms Identification Card and refers to the license which permits the purchase, possession, and transportation of non-large-capacity rifles, shotguns, and ammunition. Massachusetts also requires a License to Carry (LTC) in order to carry a concealed handgun—whether it is loaded or not—and a person will not be able to purchase a handgun legally without obtaining their LTC.
What makes it a “large-capacity” firearm?
A large-capacity firearm is defined as a semi-automatic handgun or rifle that is capable of accepting more than ten rounds, OR is a semi-automatic shotgun capable of accepting more than five shotgun shells, OR is an assault weapon. A rifle with a fixed tubular magazine designed to accept, and capable of operating only with, .22 caliber ammunition is not a large-capacity firearm.
Are there exceptions/exemptions from the FID and LTC Requirements?
Massachusetts law does contain certain exemptions that authorize a person present in the Commonwealth to possess a firearm and/or ammunition without a valid Massachusetts License to Carry or Firearm Identification Card. A few examples found under Massachusetts General Laws, Chapter 140, Section 129C(a)-(u) and are listed individually below:
- Possession of rifles, shotguns and related ammunition by nonresident hunters who have a valid hunting license from their own state;
- Possession of rifles, shotguns and related ammunition by nonresidents while on a firing or shooting range;
- Possession of rifles, shotguns and related ammunition by nonresidents traveling in or through the Commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case;
- Possession of rifles and shotguns by nonresidents while at a firearm showing or display organized by a regularly existing gun collectors’ club or association;
- Any resident of the Commonwealth returning after having been absent from the Commonwealth for not less than 180 consecutive days or any new resident moving into the Commonwealth, with respect to any firearm, rifle, shotgun and any related ammunition, for 60 days after such return or entry into Massachusetts;
- Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition;
- Carrying or possession of conventional rifles, shotguns, and related ammunition by nonresidents who meet the requirements for such carrying or possession in the state in which they reside; and
- Any nonresident who is eighteen years of age or older at the time of acquiring a rifle or shotgun from a licensed firearms dealer; provided, however, that such nonresident must hold a valid firearms license from his state of residence.