It is unlawful for a person to knowingly possess a firearm without having a valid FID Card. Furthermore, under this law, the owning or transferring possession as well as possession is punishable, and is applicable to any firearm, rifle, shotgun or ammunition. Under Massachusetts criminal law, the crime of Possession of a Firearm without a Firearm Identification Card may be found at Massachusetts General Laws, Chapter 269, Section 10(h).
With a valid Firearms Identification Card, a person has the right to possess a firearm, rifle, shotgun, or ammunition within his residence or place of business, as well as the right to purchase such, but does not have the right to possess it outside of his or her home or business unless otherwise exempt. These exemptions may be found at Massachusetts General Laws, Chapter 140, Section 129C.
An FID Card does not entitle an individual to possess a large capacity firearm or large capacity feeding device. A firearm identification card also does not entitle an individual to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law. In other words, a firearm identification card may not be used to justify the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of a rifle or shotgun if such rifle or shotgun is a large capacity weapon. These restrictions may be found at Massachusetts General Laws, Chapter 140, Section 129B.
Legal Elements for Possession of a Firearm Without Firearm Identification Card
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In order to be found guilty of Possession of a Firearm without a Firearm Identification Card under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant possessed an item
- that item meets the legal definition of a firearm
- the defendant knew that he or she possessed that firearm
Again, under certain circumstances, there may be a fourth element that needs to be proven such as evidence of a valid FID Card or exemption from the FID Card requirement, if applicable in a given case.
Potential Punishment if Convicted of Possession of a Firearm Without Firearm Identification Card in Massachusetts
The potential consequences for Possession of a Firearm without a Firearm Identification Card, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 269, Section 10(h).
If convicted, a defendant may be imprisoned in a jail or house of correction for a term of not more than 2 years.
If you have been charged with Possession of a Firearm Without Firearm Identification Card call (508) 213-9113 to schedule a free consultation with top rated Massachusetts Gun Defense Lawyers of the Law Office of John L. Calcagni III.