Quincy Gun Crimes Lawyer

The Quincy police (like cities throughout the state) and the Massachusetts State police have a zero-tolerance policy towards gun crimes, including possession of a firearm without a license.

A gun crime charge can result in serious penalties including imprisonment, fines, and a criminal record and so if you have been charged with a gun crime in Quincy (or elsewhere in Massachusetts) you need a skilled Quincy criminal defense lawyer with experience in gun crimes to represent you, protect your interests, and defend your future. The Law Offices of Daniel DeMaria has experience handling both State and Federal firearm offenses. We have the resources and knowledge necessary to suppress evidence whenever possible (for example, by challenging a motor vehicle stop, challenging a search warrant, or challenging a pat frisk). We also have considerable experience plea bargaining, and extensive trial experience.

Understanding Gun Crimes in Quincy, Massachusetts

In Quincy, Massachusetts, as in many neighboring states, gun crimes are taken very seriously. Those travelling from the Midwest or South can sometimes be in for a rude awakening. It is not uncommon for local law enforcement to work with federal law enforcement agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), the Drug Enforcement Agency (“DEA”), Homeland Securities Investigations (“HSI”), or the Federal Bureau of Investigations (“FBI”) to jointly investigate firearm crimes. It is also possible for state prosecutors to refer to a Quincy firearm case to federal authorities which can trigger serious penalties particularly for “career offenders” or those considered to be “armed career criminals”.

The most common gun crimes charged at the state level are:

Unlawful Possession of a Firearm/Rifle/Shotgun Outside of Home or Business (G.L. c. 269, § 10(a))

In Quincy, and throughout Massachusetts, unlawful possession of a firearm is a crime punishable by not more than two years in jail or the house of correction or by a fine of not more than $500.

Historically, this crime was referred to as “carrying” a firearm, and movement of the firearm was required as an element. Under current law movement is no longer an element.

To convict an individual of unlawful possession of a firearm, the Commonwealth must prove beyond a reasonable doubt that:

1. The individual possessed an item or had the item under their control
2. That the “item” met the legal definition of a firearm
3. That the individual knew that they possessed a firearm
4. That the individual was not licensed to possess a firearm.

In order to prove the second element, the Commonwealth must prove that the item was “capable of discharging a shot or bullet.” One complicating factor for a defendant in a Quincy gun case is that the law does not necessarily require expert evidence that the firearm was tested and found operable, nor does the firearm need to be introduced into evidence. Nevertheless a skilled criminal defense attorney can use these factors to persuade a jury the item in question is not actually a firearm.

The third and fourth elements are self-explanatory, though there are various technical defenses available. For example, “[i]t is not enough to place the defendant and the weapon in the same car.: Commonwealth v. Boone, 356 Mass. 85, 87 (1969). Similarly, “[p]resence alone cannot show the requisite knowledge, power or intention to exercise control over the firearm, but presence, supplemented by other incriminating evidence ‘will serve to tip the scale in favor of sufficiency.’ The defendant’s knowledge is personal to him; there is no substitute for personal knowledge.” Commonwealth v. Albano, 373 Mass. 132, 134 (1977).

Unlawful Possession of a Loaded Firearm/Rifle/Shotgun Outside of Home or Business (G.L. c. 269, § 10(n))

The preceding charge is far more serious if the Commonwealth can also establish that:

1. The firearm was loaded with ammunition
2. The defendant knew that the firearm which they possessed was loaded with ammunition.

A charge of possessing a loaded firearm carries a mandatory minimum jail or prison sentence of eighteen (18) months.

Unlawfully possessing a firearm/rifle/shotgun at home or business (G.L. c. 269, s. 10(h))

In Massachusetts it is also a crime to possess a firearm at home or at one’s place of business. The first four elements are the same as those set forth above, but the Commonwealth must also prove that a defendant did not qualify for one of the statutory exemptions set forth in G. L. c. 140, § 129C. These statutory exemptions include an exemption for those whose license to carry or firearm identification card became inadvertently invalid and who would not otherwise be disqualified from having a valid license or firearm identification card. A second exemption covers those who were found transporting a firearm through Massachusetts and where the person was legally permitted to possess the firearm under both the laws of the origin state and the destination state. For example, an individual travelling from Connecticut to New Hampshire (by travelling through Massachusetts) and who was permitted to possess the gun in both Connecticut and New Hampshire may not be guilty of a firearm offense.

Possession of ammunition (G.L. c. 269, s. 10(h))

Possession of ammunition is also a crime in Quincy, and the Commonwealth must prove each of the following beyond a reasonable doubt to obtain a conviction:

1. That the defendant possessed an item
2. That the “item” qualifies as ammunition
3. That the defendant knew that they possessed that ammunition
4. That the defendant did not have valid license to possess ammunition
5. That the defendant did not qualify for a statutory exemption

Discharging of a firearm within 500 feet of a building [G.L. c. 269, s. 12E]

In Quincy, it is a serious crime to discharge a firearm within 500 feet of a building. There are three elements to this crime.

1. That a person discharged a weapon
2. That the weapon met the legal definition of a firearm
3. That the discharge occurred within 500 feet of a dwelling or building in use

Improper Storage of a Firearm (G.L. c. 140, s. 131L)

Improper storage of a firearm is a crime under Massachusetts State Law and consists of the following three elements:

1. That the item in question was a firearm
2. That the defendant knowingly kept or stored the firearm
3. That the firearm was unsecured

Generally, a firearm is considered to be unsecured if it can be accessed by a person who is not authorized by law to handle a firearm. Conversely, a firearm is considered to be properly secured if it is stored in a lock box or if there is a tamper-resistant lock or other safety device which renders the firearm inoperable by unauthorized users.

Defending Against Gun Crime Charges

The Law Offices of Daniel DeMaria thoroughly investigates each case to implement a customized strategy with a view to securing a dismissal, acquittal, or favorable plea bargain. In some cases (and depending on the charges filed) we may be able to:

• Challenge an illegal search and seizure
• Argue that the “firearm” is not operable and does not meet the legal definition of a firearm
• Argue that an item does not qualify as “ammunition” under Massachusetts State Law
• Challenging possession
• Argue that an individual possessed a valid license or firearm identification card
• Argue that the discharge occurred more than 500 feet from a dwelling or building use
• Argue that a statutory exemption applies

While we do our utmost to secure a dismissal or acquittal in each case, Daniel DeMaria, Esq. is also skilled and knowledgeable in plea bargaining and Massachusetts sentencing law.

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Daniel DeMaria, Esq. Will Fight for You

If you are facing gun crime charges in Quincy, Massachusetts, the team at Daniel DeMaria, Esq. is here to protect your future. Contact our office today to schedule your initial consultation and take the first step toward protecting your rights against aggressive prosecution.