Understanding the Charge
The unlawful carrying of a shotgun or rifle is prohibited by Massachusetts General Laws Chapter 269 Section 10(a). To convict you of this crime, the prosecutor first has to prove that you possessed a shotgun or rifle. Under Massachusetts law, a rifle is a weapon capable of discharging a bullet or shot, whether loaded or unloaded that has a barrel length of sixteen inches or more. A shotgun is a weapon capable of discharging a bullet or shot, whether loaded or unloaded that has a barrel length of eighteen inches or more and a total length of twenty-six inches or more. The prosecutor can satisfy this element by proving that you had a rifle or shotgun under your control in a vehicle. Next, the prosecutor will have to prove that you knew that you possessed the rifle or shotgun or that you knew that one was under your control in a vehicle.
There are five exemptions that may apply. For example, you will be exempted if you had a firearms ID card or if you had a license to carry a firearm. The burden will be on you to produce evidence that one of the exemptions apply, and then the prosecutor will have to persuade beyond a reasonable doubt that the exemption doesn’t apply.
If you’ve been charged with the unlawful carrying of a shotgun or rifle, call Francis T. O’Brien Jr. of O’Brien Law Boston. Attorney O’Brien is one of the best criminal defense attorneys in Massachusetts. He has more than 20 years of experience and is a well-regarded expert in the field.
Speak with a Boston Criminal Defense Lawyer Now 617-512-0939
To speak with a highly-experienced Boston defense attorney, click here, or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.