Firearms & Weapons Charges
Understanding Massachusetts Firearm Laws: Key Facts and Context
Explore the complexities and key facts of Massachusetts firearm laws for responsible ownership.
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Massachusetts has some of the strictest gun laws in the country — with mandatory minimum sentences for unlawful possession. These charges demand serious defense.
Charged? Talk to Attorney Reinhardt.
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Massachusetts firearms law is strict and unforgiving. Unlawful possession of a firearm, carrying a firearm without a license, and possession of certain dangerous weapons can carry mandatory minimum jail or state-prison sentences — even for people with no prior record.
Because the penalties are mandatory, the pressure to resolve these cases well from the outset is intense. And because they almost always begin with a search — of a person, a car, or a home — they frequently turn on whether that search was lawful.
How it works
The search is usually the whole case. If the gun was found unlawfully, it comes out.
Step 1
We examine the stop, the frisk, the vehicle or home search, and any warrant for constitutional violations.
Step 2
The Commonwealth must prove you knowingly possessed the weapon — often a contestable point, especially in shared vehicles or homes.
Step 3
An unlawful search leads to a motion to suppress the weapon — which can end a case that otherwise carries a mandatory sentence.
Step 4
We pursue every avenue to avoid a mandatory minimum, and try the case when the evidence should be tested.
Actual results Attorney Reinhardt has obtained in matters like yours. Prior results do not guarantee a similar outcome — every case turns on its own facts.
The client was charged with possession of a gun, ammunition, and a high-capacity feeding device — carrying a minimum mandatory of seven years in prison. The gun was found in a car registered to the client and parked at a gathering near a South Boston housing development. At trial, Attorney Reinhardt raised significant doubt about the client's connection to the firearm and ammunition found in his vehicle. The jury returned verdicts of not guilty on all counts.
The client, a man in his thirties, had a good job, no recent record, and was the primary support for his young, disabled daughter. He was stopped on the Mass Pike, and a loaded firearm was found in the back of his truck; he could not afford the conviction and prison sentence it carried. Attorney Reinhardt had earlier succeeded in suppressing damaging statements, strengthening the case for trial. He kept harmful evidence from the jury and exposed the weakness of the prosecution with zealous cross-examination. After his closing argument, the jury deliberated less than ten minutes before acquitting the client of all charges.
The client was charged with possession of a dangerous weapon after police observed him carrying nunchucks. Attorney Reinhardt mounted a constitutional challenge to the law outlawing them, drafting a detailed memo arguing — under the Second Amendment and recent case law — that his client had a right to defend himself by possessing nunchucks. The argument was novel, but after persuasive argument the judge granted the motion and threw out the charges.
The client was charged with illegal possession of a handgun recovered from his person as he exited a bar; he had a very limited criminal history, a solid work history, and faced a mandatory 18-month jail sentence. Attorney Reinhardt filed a motion to suppress the gun, which led to a contested hearing. Through cross-examination of the arresting officer and legal argument, he successfully challenged the stop and seizure of the gun, resulting in dismissal of the charges.
Mandatory penalties make early defense critical. Call for a free, confidential consultation.
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