Charged With a Gun Crime in Massachusetts?
The Penalties Are Harsh—Let’s Fight Back.
Massachusetts has some of the strictest gun laws in the country, and prosecutors don’t hesitate to enforce them. If you're facing a firearms charge—even if it’s your first offense—you could be looking at mandatory minimum jail time, felony conviction, and a lifetime firearms ban.
At DeGiacomo & Mikhlin, P.C., we defend people across the Commonwealth against gun and weapons charges. Whether you’re accused of possessing a firearm without a license, transporting a firearm improperly, or using a weapon during an alleged crime, we’re here to challenge the case and protect your freedom.
Common Firearms Charges in Massachusetts
We defend clients facing charges such as:
- Unlawful possession of a firearm (G.L. c. 269 § 10)
- Carrying a firearm without an FID/LTC
- Possession of a loaded firearm outside the home or business
- Possession of a firearm during the commission of a felony
- Improper transport of a firearm in a vehicle
- Possession of a firearm with a prior violent or drug conviction
- Possession of ammunition without an FID card
- Carrying a firearm in a school or government building
Even if the gun was not used, fired, or brandished, the simple act of carrying it without proper licensing can trigger mandatory minimum sentences.
Penalties for Gun Crimes in Massachusetts
Massachusetts law imposes harsh penalties for firearms offenses, including:
- Mandatory minimum jail sentences (e.g., 18 months for unlawful possession)
- Felony record
- Lifetime firearms disqualification
- Probation, fines, and forfeiture of weapons
- Deportation consequences for non-citizens
Many of these penalties apply even if you legally purchased the gun in another state or did not realize your license had lapsed.
Defenses to Firearms Charges
We carefully investigate the circumstances of your arrest and often build your defense around:
- Unlawful search and seizure (car, home, or person)
- Lack of possession or control over the weapon
- Lack of knowledge that the weapon was present
- Improper traffic stop or Miranda violations
- Invalid or expired warrant
- Constitutional defenses or Second Amendment arguments
In some cases, we can negotiate diversion or reduced charges if you're eligible—but we also prepare every case to be trial-ready if needed.
FAQs – Massachusetts Gun Charges
Can I carry a gun if I have a license from another state?
No. Massachusetts does not honor out-of-state LTCs or concealed carry permits. You must have a valid Massachusetts LTC or FID card.
What’s the difference between an FID and an LTC?
An FID (Firearm Identification Card) is for non-large-capacity rifles and shotguns. An LTC (License to Carry) is required for handguns and large-capacity firearms.
Is jail time automatic for a gun charge?
Some charges carry mandatory minimums (e.g., 18 months for possession without an LTC). However, we may be able to fight the charge or negotiate an outcome that avoids jail.
Get Legal Help Before Your First Court Date
If you're facing a firearms charge, the stakes are too high to go it alone. We’ll work aggressively to defend your rights, challenge the evidence, and fight for the best possible outcome.
Call DeGiacomo & Mikhlin, P.C. now for a free consultation Or fill out our contact form and we’ll respond promptly
We represent clients facing gun charges in district and superior courts across Massachusetts.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court