Defending You Against Firearm, Gun, and Weapon Charges in Burlington
The Second Amendment to the U.S. Constitution guarantees to each citizen the right to bear arms. This constitutional amendment has been a cornerstone of Human rights, but has also become a source of much controversy and fierce partisan debates in recent years. Though the Second Amendment guarantees the right to bear arms, each state reserves the right to regulate the use and ownership of such weapons. Burlington has several laws in place restricting the carrying and use of firearms in the state. Given the dangers an improperly possessed or used firearm can wrought, law enforcement officers and prosecutors take gun violations very seriously and will punish them to the full extent of the law.
Below is a list of the most common Burlington criminal weapon charges:
Illegal Carrying of Weapons
General Laws Chapter 269 Section 10 makes it illegal to knowingly possess a loaded or unloaded firearm if:
- You are not present in your own residence or place of business
- You do not have the required firearm license
- You possess an illegal weapon, such as a sawed off shotgun or machine gun
The law also makes it illegal to carry dangerous weapons, such as daggers, ballistic knives, blowguns, stilettos, klackers, and kung fu sticks.
If you are found in possession of an unlicensed weapon, carry your weapon outside of your home or place of business without the license to do so, or possess a dangerous weapon, you will be sentenced to a mandatory minimum of 18 months imprisonment. If you are found in possession of a machine gun or sawed off shotgun, you could be sentenced to life imprisonment. These punishments are some of the harshest in the nation, and make it imperative for you to retain a knowledgeable firearm crimes defense attorney as your very liberty depends upon it.
Possession of an Unlicensed Weapon at Home or Work
General Laws Chapter 269 Section 10(h)(1) makes it illegal to possess a firearm, rifle, or shotgun without a license or permit—even if you possess it merely in your home or place of business. You face a maximum sentence of 2 years imprisonment for violation of this provision.
Carrying a Shotgun or Rifle on a Public Way
General Laws Chapter 269 Section 12 D makes it illegal to carry a shotgun or rifle on a public way. A public way is defined as a street, sidewalk, or other public ground. If the weapon is loaded, you face up to 2 years imprisonment in addition to hefty fines. If the weapon, however, is considered a “large capacity” one, you could face up to 10 years imprisonment and a minimum 1 year sentence.
Possession of a Firearm in Commission of a Felony
If you have been charged with a felony and possessed a firearm during its commission, you can be charged with an additional criminal charge. Massachusetts General Laws Chapter 265 Section 18B sets forth the crime of possessing a firearm while committing a felony. A conviction for possession of a firearm while committing a felony will result in a mandatory minimum sentence of 5 years imprisonment. If the weapon was a “large capacity” one, the minimum sentence you can receive is 10 years imprisonment. These sentences are in addition to whatever sentence you receive on the underlying felony.
Carrying a Loaded Firearm While Under the Influence of Drugs or Alcohol
General Laws Chapter 269 Section 10H makes it illegal to carry on your person or possess in your vehicle a loaded firearm while under the influence of drugs or alcohol. It is not a defense that you have a permit to carry the weapon. You could face 2 ½ years imprisonment along with a $5,000 fine for violating this provision.
Illegal Discharging of Weapons
Under General Laws Chapter 269 Section 12F, it is illegal to discharge a firearm within 500 ft. of a dwelling without the owner’s permission. You could face 3 months imprisonment for a conviction of illegal discharge of weapons and fines.