Possession of a Machine Gun or Sawed-Off Shotgun

Criminal Defense Law Office of John L. Calcagni, III

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In Massachusetts, it is also unlawful for a person to possess a machine gun, unless the person is allowed to do so by law, and to possess or carry on his or her person or under his control in a vehicle, a sawed-off shotgun. Under Massachusetts criminal law, these offenses may be found at Massachusetts General Laws, Chapter 269, Section 10(c). 

A machine gun is defined as a weapon, loaded or unloaded, for which multiple shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger. This also includes bump stock and trigger cranks. A bump stock is a device that attaches to a weapon and increases the rate of fire with repeated activation of the trigger.  A trigger crank is a device that attaches to a weapon and repeatedly activates the trigger of that weapon through the use of a lever or other part that is turned in a circular motion.  

A sawed-off shotgun is defined as a weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than eighteen inches in length, as modified or an overall length of less than twenty-six inches.  These definitions may be found under Massachusetts General Laws, Chapter 140, Section 121. 

Potential Punishment if Convicted of Possession of a Machine Gun or Sawed-Off Shotgun in Massachusetts

The punishment under Massachsuetts criminal law for possessing a machine gun or sawed off shot gun is state prison for life, or for any term of years provided that a sentence may not be for less than the mandatory minimum of 18 months.

If the machine gun or sawed-off shotgun is loaded, an additional sentence of not more than 2 ½ years in the house of corrections will be imposed consecutively to the original sentence for the underlying unlawful possession of a firearm charge. 

If you have been charged with Possession of a Machine Gun or Sawed-Off Shotgun call (508) 213-9113 to schedule your free consultation with experienced Massachusetts Gun Defense Attorneys of the Law Office of John L. Calcagni III.