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Experienced Boston Gun Possession Defense Lawyer

Massachusetts has the most uncompromising gun laws in the country. You need a license to carry (LTC) a handgun in this state. If you are caught in possession of a gun and do not have an LTC you are facing a mandatory 18 month house of correction sentence. Even if you are licensed to carry in another state if you do not have a Massachusetts LTC you can be found guilty of gun possession. Your right to carry in your state does not permit gun possession in Massachusetts.

If you are facing a gun charge in Massachusetts you need a good attorney. An experienced gun possession defense lawyer like Stephen Neyman can help you. We know the gun laws. We can help you with your case. We are prepared to challenge the constitutionality of the charges you are facing. For over 38 years we have successfully defended people charged with gun crimes in the greater Boston area. We work in Suffolk, Middlesex, Norfolk, Essex, Plymouth and Worcester Counties and throughout Massachusetts.

What Constitutes Illegal Possession of a Firearm

Felony possession of a firearm in Massachusetts is governed by G.L. c. 269 §10(a). A conviction for this crime is the mandatory 18 months sentence discussed above. This law requires that for the government to prove you guilty of unlawful gun possession five things must be proven beyond a reasonable doubt:

That you were in possession of the gun. The legal definition does not require you to actually carry the gun. It just needs to be in your control with your knowledge. You also need the intent and ability to control the gun;
The gun needs to meet the legal definition of a firearm. This is met if the gun can shoot bullets and its barrel is less than 16 inches;
You must know that the gun is in your possession;
That you did not have a valid LTC, and;
That you did not meet some other exception to the LTC requirement
If the gun was loaded you could be facing an enhancement. G.L. c. 269 section 10(n). If convicted the enhancement can result of a sentence to be served from and after the mandatory 18 months

There is also a misdemeanor version of this law. That statute, G.L. c. 269 section 10(h). This crime does not have a mandatory sentence. Reducing the 10(a) to a 10(h) is often a concession for people who are licensed in other states and simply forgot that they had their gun in their possession.

Examples Of Gun Possession Felonies Reduced to Misdemeanors:

An individual permitted to carry in a neighboring state gets pulled over. He forgot to leave his gun at home. He gets arrested or summonsed for a 269 section 10(a) violation. Acknowledging the mistake the district attorney’s office agrees to reduce the charge;
Another example is when someone has a travel bag in which they always carry a gun. They forget the gun is in the bag and they travel to Logan Airport to go on vacation. They put the bag on the TSA conveyor belt and get arrested or summonsed for a gun possession charge.

What Are Some Defenses to Gun Charges in Massachusetts?

Having an LTC is a valid defense to a gun charge
Lack of possession of the weapon. Was the gun in a place where you did not have access to it
Lack of knowledge that there was a weapon; i.e. you are using someone’s car and the gun was in the glovebox
Illegal search and seizure resulting in suppression of the gun
The gun is incapable of firing a bullet
The length of the barrel exceeds 16 inches
There is a 60 day grace period once you move into Massachusetts to get your LTC under G.L. c. 140 §129C(j) “new resident exemption”

Defending Against Firearm, Guns, and Weapons Charges

The Law Offices of Stephen Neyman has over 38 years experience defending individuals against a vast array of firearm, gun, and other weapon charges. When you are facing a gun or weapons charge, your entire future is at stake. These crimes carry harsh penalties and often mandatory jail time. You need to hire a reputable,respected and defense attorney to represent you. You need the best representation to provide you with the best chance at avoiding a conviction. Stephen Neyman provides unprecedented representation against weapons charges. Our team of skilled Massachusetts gun crime defense attorneys will expertly defend your case from the investigative stages all the way to trial, if that point is reached. Call us today at 617-263-6800 for a free phone consultation.

Gun Charge Questions and Answers FAQ

Should I Hire a Lawyer For a Gun Charge in Massachusetts?

You absolutely should hire a lawyer for any gun crime charge in Massachusetts. More importantly you should do so immediately;
Not everyone who gets caught with an illegal firearm in Massachusetts gets arrested. Sometimes people get summonsed to court for a clerk magistrate hearing. There are times when a magistrate does not issue a criminal complaint. For instance, if you are properly licensed in your state of residence and forgot that the firearm was in your car a compassionate magistrate might not issue the complaint. You need a lawyer to advocate this for you;
Other times you will receive a summons for an arraignment. At the arraignment your lawyer can oppose a request for bail. Similarly, your lawyer can object to any conditions the district attorney may ask for. A lawyer might ask for a continuance of the arraignment to properly establish reasons why you should not be prosecuted

Will I Go To Jail If I Am Charged With Gun Possession in Massachusetts?

There are many situations where people charged with unlawful possession of a firearm do not go to jail;
- If your constitutional rights were violated you can avoid jail
- If the gun was not in your possession you can avoid jail
- If you did not know that the gun was in your presence you can avoid jail
- If the gun crime crime you are charged with is a misdemeanor you can avoid jail
- If you lawfully owned the gun at any time you might be able to avoid jail
- If you just moved to Massachusetts you can avoid jail

There are countless scenarios to Massachusetts gun crime charges that enable you to avoid going to jail

Can A Gun Case Be Continued Without a Finding?

Gun cases in Massachusetts can be continued without a finding provided:
- The gun charge is a misdemeanor
- If the charge is a felony you can get a CWOF in the prosecutor agrees to reduce the felony to a misdemeanor;
- If you charged with a gun crime other than unlawful possession such as improper storage you can get a CWOF

Please call us at 617-263-6800 for a free phone consultation. We are happy to answer any questions you have about gun crimes in Massachusetts.

Case Results » Guns and Weapons Defense

Chargers of Unlawful Possession of an Assault Weapon and Discharging a Firearm Within 500 Feet of a Building and Failing to Register a Firearm Dismissed April 21, 2026 Our client is a young man who had a license to carry (LTC) a firearm in Massachusetts. However, he unlawfully owned an assault weapon that was not properly registered. Given the date that the weapon was purchased it was not grandfathered, meaning the possession, even with an LTC is still unlawful. He was not aware of this obligation under Massachusetts. Regardless however, unlawful firearm possession such as this is a crime. Additionally, while in possession of the gun our client accidentally discharged the gun in his apartment building. The bullet pierced the home of a neighbor leading to the police being called. The charges against him were as follows: Violation of G.L. c. 269 section 12E discharging a firearm within 500 feet of a building; Violation of G.L. c. 140 section 131M unlawful possession of an assault weapon, and; Violation of G.L. c. 140 section 121B failing to register a firearm. The case has superior court jurisdiction only regardless of the fact that it was initiated in the district court. Thus, in order to resolve this case in the district court the charges would have had to have been reduced. We hoped that to be the case. The matter was scheduled for a probable cause hearing six times. The government was never ready and thus today, the case was dismissed. The district attorney’s office can still indict the case should they elect to do so. Read More in Gun Charges

Charges of Unlawful Possession of Assault Weapon and Large Capacity Devices Dismissed March 25, 2026 The defendant owned a large company that developed cable network systems for large corporations and major cities. He was an avid gun collector. A couple of years ago he brandished a lawfully owned firearm to protect himself during a dispute where he was seriously physically threatened. Notwithstanding the lawfulness of his conduct local police revoked his license to carry. In doing so they went to his home and confiscated his firearms. When the police inventoried the weapons they observed several assault style guns and a good number of high capacity feeding devices. These weapons are illegal to possess in Massachusetts even though our client had a valid license to carry. He was charged with a dozen counts of unlawful possession of assault weapons in violation of G.L. c. 140 section 131. These are felonies in Massachusetts that carry a mandatory minimum prison sentence. Attorney Neyman was hired to defend him. We were able to show that the government was unable to prove that the weapons had been purchased after the date making such weapon possession unlawful. As a result, all charges were dismissed. Read More in Gun and Firearm Charges

Gun Charges Against City Youth Dismissed After Successful Motion to Suppress February 25, 2026 Several months ago Attorney Neyman prevailed on a motion to suppress an unlawful stop, search and seizure of a firearm. The police officer’s stop of our client was pretextual. He was charged with several firearm crimes including but not limited to large capacity G.L. c. 269 section 10(m) and G.L. c. 269 section 10(a). He was facing a mandatory minimum 18 month sentence and likely more for additional charges of improper storage, G.L. c. 140 section 131L and a loaded firearm under G.L. c. 269 section 10(n). The successful motion to suppress prevented the district attorney from continuing its prosecution of our client. As such, all charges were dismissed today. Read More in Gun Charges

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Phone: 617-263-6800 Fax: 888-266-1781

steve@neymanlaw.com

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