Massachusetts law requires that firearms be stored in a locked container or equipped with a trigger lock when not in the owner’s immediate possession and control in their residence or place of business. A firearm left unsecured in a home — even in a bedroom drawer or on a high shelf — can give rise to an improper storage charge if it is accessible to persons in the household who do not have a license.
These charges arise frequently in situations where a firearm was found unsecured by police during the investigation of another matter, or where a child gained access to a firearm. Improper storage of a firearm is a misdemeanor offense, but a conviction carries real consequences, including potential licensing revocation and a mark on one’s record.
License Denial and Revocation: You Have Rights
The application for and denial of a firearms license is itself a process that involves legal rights and procedural requirements. Massachusetts chiefs of police have discretion to approve or deny LTC applications on “suitability” grounds — a broad standard that has generated significant litigation.
If you have been denied an LTC or FID, or if your license has been revoked, you have the right to appeal that determination. The appeal process involves specific deadlines and procedures, and an attorney familiar with firearms licensing law can be valuable in pursuing an appeal effectively.
Federal Firearms Charges
Federal firearms charges arise when conduct implicates federal law rather than or in addition to state law, and they are prosecuted in federal court with their own distinct penalty structure. Possessing a firearm as a prohibited person — a category that includes convicted felons, domestic violence misdemeanants, people subject to certain protective orders, and others — is a federal offense carrying up to ten years in federal prison.
Federal sentencing guidelines are often more severe than their state counterparts, and a case that begins as a state firearms matter can, in appropriate circumstances, become a federal prosecution.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
Watch our firm video: https://www.youtube.com/watch?v=jx-X_9CssZo&t=2s
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
