Gun Crimes in Essex County | EssexCountyCriminalAttorney.com

Gun crimes in Essex County are the unlawful possession of firearms outside of the defendant’s place of residence or business and without a valid license to carry firearms. The crime is committed even where the firearm is not loaded. Possession of a firearm to commit a crime may be either actual or constructive. It is actual when the defendant has the gun on their person and constructive if it is in the defendant’s car. Both forms of possession may open the defendant to a criminal charge.

The second amendment to the United States Constitution guarantees the right to possess a firearm. The Supreme Court has recognized this right in District of Columbia v. Heller. However, states still regulate the right to possess firearms. Massachusetts has several laws that restrict the ownership and use of weapons in the state, and these laws apply to Essex County. Chapter 269, Section 10 of the Massachusetts General Law criminalizes carrying without a license.

The prosecution must prove these four elements of the offense beyond a reasonable doubt to secure a conviction

that the defendant had possession of a firearm. The firearm must have been found either on the defendant’s person or in the defendant’s car.
That the alleged firearm is indeed a firearm, the Massachusetts General Law states the weapons which shall be considered firearms under the law. These firearms include revolvers, pistols, rifles, or smoothbore arms from which a shot, bullet, or pellet can be discharged. The prosecutor must prove that the weapon in the defendant’s possession meets the definition of a firearm under the law to sustain a conviction.
The prosecution needs to show that the defendant had knowledge that they were in possession of the firearm. The mental element is necessary to establish guilt. Therefore, if another person hid a weapon in the defendant’s car or on their person, the defendant could avoid a conviction.
The prosecution should establish that the defendant did not have a valid license to carry the firearm. It would be lawful to carry the firearm if the defendant has a license to that effect.

Massachusetts regulates how firearms should be stored and used. A person may be guilty of any of a variety of offenses for carrying or storing a firearm. An individual involved in certain felonies would lose the right to carry a weapon and may face a criminal charge if found with a weapon in Essex County. Also, every firearm should have safety devices, owners must go through safety programs and be licensed, and firearms should be stored in locked and secure containers. A person who sells firearms may also be arrested and prosecuted if they break the law while selling firearms. Sellers must be licensed, must maintain records, and must check for licenses of buyers when they sell firearms.

There are several charges for gun crimes in Essex County with varying penalties. A defendant’s potential punishment is dependent on their charge.

Unlawful carrying of a firearm is punishable with imprisonment in state prison for two and a half years to five years, or imprisonment in a house of correction for between 18 months and two and a half years.
Unlawful possession of a firearm is punishable with imprisonment in state prison for a period between two and a half and five years, or imprisonment in a house of correction for a period between six months and two and a half years. If the defendant has not been previously convicted of a felony, they may be punished with a fine, not more than $50, or imprisonment in a house of correction for not more than two and a half years.
Defacing the serial number of a firearm or receiving such a firearm is punishable by a fine not more than $200 or imprisonment in a house of correction for a period between one month and two and a half years.
Sale of a firearm to an alien is punishable by a fine between $1,000 and $10,000, imprisonment in state prison for not more than ten years, imprisonment in a house of correction for not more than two and a half years, or by both fine and imprisonment.
Carrying a loaded rifle or shotgun on a public way is punishable with a fine between $500 and $5,000, imprisonment in a house of correction for not more than two and a half years, or both fine and imprisonment. Carrying an unloaded rifle or shotgun on a public way is punishable with a fine between $100 and $1,000.
Carrying a firearm on grounds of school premises is punishable with a fine not more than $1,000, imprisonment for a term not more than two years, or both.

How many Gun Crimes are Committed with a Legally Obtained Firearm in Essex County?

The Executive Office of Public Safety and Security (EOPSS) maintains records of gun crimes committed in Essex County. 206 gun crimes were recorded in Essex County in 2020. This included 10 homicide cases, 194 aggravated assault cases, and two sexual assault cases. This was an increase from the number of gun crimes recorded in Essex County in 2019. In 2019, the gun crimes included four homicide cases, 135 aggravated assault cases, and one sexual assault case.

Who Can Possess a Gun in Essex County?

Only persons with a license can possess a gun in Essex County. Massachusetts laws regulate gun ownership in Essex County. The license is issued by the Essex Police Department. There are two types of licenses that may be obtained. There is the License To Carry. The license authorizes buying, possessing, transporting, and carrying handguns, shotguns, and ammunition. The firearm should be concealed while carrying, whether loaded or unloaded. The second license is the Firearms Identification Card. The card permits buying, possessing, and transporting non-large capacity rifles, shotguns, and ammunition in Essex County.

Massachusetts General Law Chapter 140 Section 131 limits the persons who may obtain a license to carry a firearm. A person must be at least 21 years old to obtain a License To Carry. The license costs $100 to obtain and is valid for six years. It may be renewed. The Firearms Identification Card is available to persons 15 years old or older. However, persons younger than 18 years old need to obtain parental permission to obtain the license. Massachusetts General Law Chapter 140 Section 129B provides for the Firearms Identification Card. The Card costs $25 for individuals below 18 years old and $100 for persons 18 years old or older and is valid for six years. It is renewable and gives the holder the right to possess and keep firearms in their place of residence or business.

Certain individuals are not eligible to obtain the License To Carry or the Firearms Identification Card regardless of their age, including

A person who has been convicted as youthful offenders or delinquents for gun crimes, drug crimes, felonies, or a misdemeanor with a penalty exceeding imprisonment for two years.
A person who has been committed to a hospital for mental illness, alcohol abuse, or substance abuse.
An alien who does not maintain a lawful permanent residency.
A person that is currently the subject of an arrest warrant.
A person discharged from the armed forces of the United States under dishonorable conditions.
A fugitive from justice.
A person who renounces their United States citizenship.

What if my Gun is Stolen and Used in a Crime in Essex County?

If a person’s gun is used to commit a crime in Essex County, the result would depend on the circumstances. Gun owners are to store their guns in locked and secure containers. Furthermore, gun owners and gun dealers are to report the loss or theft of any firearm. If the gun owner abides by the obligation, they are not liable for any crime involving their stolen gun. However, failure to report a stolen gun is a crime. It may lead to the revocation of a License To Carry, Firearms Identification Card, or both. It is also punishable by a fine between $500 and $1,000 for a first offense. It is punishable by a fine between $2,500 and $7,500 upon a second offense. Subsequent offenses are punishable by a fine between $7,500 and $10,000, imprisonment for between one year and five years, or both a fine and imprisonment.

How Often is a Gun Used to Stop a Crime in Essex County?

Police officers in Essex County may use their guns to perform their duties, including using their guns to stop crimes in Essex County. However, the type of crime being committed and the circumstances also determine whether a gun should be used. A gun can only be used to stop a felony. It cannot be used to stop a misdemeanor. Even where a felony is being committed, the force used must be reasonable. The officer should have no other means to stop the commission of the crime.

A private person may also use their gun to stop the commission of a crime where it would qualify as self-defense, defense of property, or the defense of another. The force used should not be excessive, and the use of deadly force in such an instance should be the last resort; otherwise, the individual may be prosecuted.

Consequences for Immigrants with Gun Crime Convictions

A gun crime conviction involving an immigrant in Essex County may lead to deportation or removal. Therefore, the consequences can be very severe. The Court is required to inform a defendant making a guilty plea, a plea of nolo contendere, or an admission to sufficient facts of the potential consequences of a conviction. This law was recognized in Commonwealth v. Gordon. One of the grounds for deportation from the United States is being convicted for a firearm offense.

Essex County Weapons and Firearms Violation Attorneys

A weapons and firearms violation attorney is important when facing a firearm charge in Essex County. The attorney has an in-depth knowledge of Massachusetts firearms laws and substantial experience with cases concerning the laws. The defendant may choose to represent themselves in a firearm charge. However, a conviction for a firearm crime can have severe consequences. It may lead to a loss of a License To Carry or Firearm Identification Card, fines, and imprisonment. Therefore, it is important to consult with a trained professional to avoid extreme consequences.

A weapons and firearms lawyer in Essex County will help the defendant handle the necessary paperwork and inform the accused of the process involved. Firearms crimes may be prosecuted either at the Gloucester District Court or the Essex County Superior Court. Experienced attorneys are more familiar with the rules and procedures of the courts. The lawyer would also handle discussions with the prosecution and prepare defenses for the defendant.

Gun Charge Legal Defense in Essex County

The defendant has a right to defend the charge, and their attorney may raise defenses that may help the defendant escape liability for a gun charge either partially or entirely. The specific defense raised in court will be based on the peculiarities of each case.

A motion to suppress evidence. This motion may be moved if the evidence was gathered illegally. One common example is where the evidence was obtained in violation of the fourth amendment right of freedom from search and seizures without reasonable cause. The defendant can challenge whether the police officer had reasonable cause to stop or search their car. The police officer would need to submit proof that they had a reasonable suspicion of the commission of a crime. For this, the police officer would need to show that the defendant was doing something wrong. If a search warrant was granted by a magistrate, it would be necessary to establish that there was reasonable cause to grant the search warrant. In the absence of reasonable cause, the illegally obtained evidence would be suppressed and would be excluded during the trial regardless of its content.
Lack of possession. The defendant’s possession of the firearm is an essential element of the crime. Therefore, the defendant can avoid liability by showing that they did not have possession of the firearm. This defense may be used if there are multiple people in a vehicle and If the firearm belonged to another person in the vehicle.
Lack of knowledge. If the prosecution is unable to show that the defendant had knowledge that the firearm was on their person or vehicle, the defense may present evidence to show that the defendant could not have been aware of the presence of the firearm at the time they were accused of being in possession.
The weapon is not a firearm. The Massachusetts General Law defines what constitutes a firearm. Any weapon not included in the definition is not regarded as a firearm under the statute. The defendant may rely on the definition to show that the weapon found in their possession is not a firearm.
The defendant possessed a License To Carry or Firearm Identification Card. The defendant may use this to show that they had the right to carry or possess a firearm if the charge is based on whether or not the defendant had a right to possess or carry a gun.

Gun Enhancement Defenses

A convicted person might face increased penalties if they possessed a firearm during the commission of a crime. This is usually the case for felonies such as drug crimes. However, the defendant may avoid additional penalties by claiming

they did not commit the underlying felony. If the defendant successfully defends the underlying felony, the gun enhancement charges will become moot.
They were not in possession of the gun. Submitting evic=dence that questions the accusation that the defendant was in possession of the gun may be sufficient to quell the potentially enhanced punishment.
The enhanced charges were based on evidence collected in violation of the accused applicable constitutional rights.