(978) 474-0054 
Numerous laws and regulations govern the use of firearms in Boston and other cities in Massachusetts. Potential weapons charges may involve illegal carrying of weapons, possession of a firearm without a license, carrying a loaded firearm while under the influence, and illegal discharge of weapons. As the possessor of firearms, you may know about these laws, and yet still have been unaware that you can be charged with a crime based on the failure to store a weapon properly to protect against its misuse. If you were charged with improper storage of a firearm pursuant to Massachusetts General Laws Chapter 140 § 131L, you should call the seasoned weapons crimes attorneys Murat Erkan and Ryan P. Sullivan for legal representation. A conviction carries significant consequences, including prison time, so the outcome of these charges puts your freedom at stake. To learn more about how the improper storage of a firearm in Lowell can lead to criminal charges that impact your rights and freedom, meet with us today.
Lawyer to Fight Improper Storage of a Firearm Charges
Under G.L. c. 140, § 131L, it is illegal to store a firearm, shotgun, or rifle, unless the weapon is kept securely in a locked container or has an engaged mechanical lock or other safety device that is tamper resistant. Firearms are revolvers, pistols, and other weapons, whether or not these weapons are loaded, from which you can discharge a bullet or shot. Under § 131L, large capacity weapons or machine guns must also be so stored and equipped. Securely locked containers are lock boxes, safes, and cases that can only be unlocked with a combination, key, or other similar means.
The purpose of the law is to make sure that someone other than an owner or authorized user of the gun cannot operate it. To establish the charge against you, a prosecutor must show: (1) you had a qualifying weapon stored, (2) you did not have the weapon under your immediate control, and (3) it was not adequately secured. Our gun defense attorneys will thoroughly review your case to identify potential weaknesses that prosecutors in Lowell may highlight to secure a conviction and leverage the most effective defense strategies to challenge the charges.
Penalties for Improper Firearm Storage
It is crucial to talk to an attorney about these charges. Typically, harsh consequences are imposed in Boston and elsewhere in Massachusetts for a conviction of this offense. If you are convicted of improper storage of a firearm, you could face 1.5 years in prison and $1000-$7,500 in fines, assuming the firearm in question is not a large capacity weapon or machine gun. If the weapon for which you are charged was a large capacity weapon or machine gun, you could face 1.5 – 12 years in prison, plus fines of $2,000 nor more than $15,000. Similarly harsh penalties, or even harsher ones, are imposed if you stored a weapon in a place where a minor younger than age 18, without a valid firearm identification card, could get to it without an unforeseeable trespass.
The penalties in Lowell may be steeper if you are charged with improper storage of a firearm, and you also weren’t licensed to possess the firearms in the first place.
Defenses
When it comes to charges involving the improper storage of a weapon in Lowell, you should never assume a conviction is assured. The government must prove every element of its case beyond a reasonable doubt, and a knowledgeable attorney can investigate and poke holes in the prosecution’s case. It may be appropriate to seek to exclude certain evidence, whether because it was obtained in violation of your rights or for another reason. In some cases, the witnesses the government relies upon are not fully credible—leaving room for us to raise reasonable doubt. There is also an exception for certain types of firearms manufactured in or before the year 1899.
When it seems prudent, our lawyers may be able to negotiate a plea deal in connection with the charges. Generally, it’s not wise to try to negotiate these yourself, as you may inadvertently compromise your rights. As criminal defense lawyers with impeccable reputations, we can protect your interests and secure the best available outcome in these sensitive talks.
Consult a Results-Oriented Lawyer About Improperly Storing a Firearm in Lowell
If you were charged with the improper storage of a firearm in Lowell, you should call seasoned criminal defense attorneys Murat Erkan and Ryan P. Sullivan. We have more than four decades of combined experience in Boston, Lawrence, Lowell and surrounding areas and will investigate every angle of your case in order to provide you with the best defense possible. Call us today at (978) 474-0054 or get in touch through our online form to schedule your consultation.
