The Second Amendment to the United States Constitution states, the right of the people to keep and bear Arms shall not be infringed; however, federal and state laws can place limitations on those rights.
Under Massachusetts Law, a License to Carry or Firearm Identification Card is required to possess or carry firearms, unless there is an exemption. Failure to have proper authority to have a firearm can open an individual to strict penalties, including minimum mandatory jail or prison sentences. The majority of firearms offenses also allow for subsequent offense charges, which carry additional, significant jail or prison sentences. Some of the firearms offenses that Massachusetts recognizes are:
Firearm offenses are extremely serious and involve a number of moving parts. The government prosecutes these offenses vigorously. In addition to having officers testify, they will also bring in firearm experts, fingerprint experts and DNA experts. Bisson Law has extensive experience in representing individuals for firearms offenses and has gone up against numerous experts.
With firearm offenses, what happens before trial is just as important if not more important than the actual trial. Police are held to certain constitutional requirements, and if they do not follow those requirements, evidence can be suppressed, meaning it cannot be used against you at trial. Bisson Law has been very successful in Motions to Suppress, limiting what the government can use to try to prosecute an individual.
What is important to know is that a firearm does not have to be on a person for that person to be charged with a firearm offense – this is known as constructive possession. For example, if a firearm is found in the center console of a vehicle, the government could try to prosecute the passenger(s) with constructive possession. Massachusetts requires the government to prove certain elements in order to convict a person of constructive possession. Failure to know these elements can result in a felony conviction; therefore, it is important to be represented by a firm that knows the intricacies of firearm offenses.
If you have been charged with a firearm offense, make sure you know your rights and get the representation that you deserve; contact BISSON LAW today!