Charged with a firearms offense? You need a lawyer who has the knowledge and experience to help you assess your case and make informed decisions about how best to proceed. With many firearms-related charges carrying mandatory minimum sentences, and often subject to sentencing enhancements under the Armed Career Criminal Act (ie, ACC Level I, II, and III), you may find yourself in a situation between choosing to take a lengthy prison sentence at a plea or taking your case to trial. Knowing this, you need to select a trial lawyer who is experienced and unafraid to take your case the distance if need be. Attorney Bethany Rogers specializes in the defense of firearms cases and has a proven track record of success at trial. For a sampling of some of Attorney Rogers’ results, click here. 

Attorney Bethany Rogers wins many of her cases without her clients ever having to go to trial.  A good lawyer will recognize when police officers violate the constitutional rights of a client during an investigation and will know how to challenge the illegality in court. Attorney Rogers is well-versed in constitutional law and knows how to assess a case, and where to look for evidence of constitutional violations. More importantly, Attorney Rogers is skilled in challenging the conduct of police officers in the courtroom, which has lead to the dismissal of charges on behalf of many of her clients. When cases need to be tried because of the harsh penalty a client is facing, or where a client simply wants to go to trial to try to win their case, Attorney Rogers brings 19 years of trial experience to the table. For a sampling of some of Attorney Rogers’ results, click here. 

WHAT AM I CHARGED WITH AND WHAT ARE THE POTENTIAL PENALTIES?

In the Commonwealth of Massachusetts, unless otherwise exempt, it is illegal to possess a firearm without an FID Card (Firearms Identification Card) or to knowingly have in your possession; or knowingly have under your control in a vehicle; a firearm, loaded or unloaded, as defined in M.G.L. c. 144, s. 121, without either being present in or on your residence or place of business; or having in effect a license to carry firearms (LTC). 

Even if you have a valid FID Card or LTC, there are many restrictions on the types and sizes of firearms and magazines you are allowed to possess and/or carry in Massachusetts. The most common firearms offenses and their potential penalties are listed below.

POSSESSION OF A FIREARM OR AMMUNITION WITHOUT AN FID CARD — M.G.L. c. 269, s. 10(h):

• Misdemeanor Conviction
• Maximum sentence of 2 years in the House of Correction

CARRYING A FIREARM WITHOUT A LICENSE — M.G.L. c. 269, s. 10(a):

• Felony Conviction
• Mandatory Minimum sentence of 18 months in the House of Correction
• Maximum of 2.5 years in the House of Correction 

Or, if Indicted:

• Felony Conviction
• Mandatory Minimum of 2.5 years in State Prison
• Maximum of 5 years in State Prison

CARRYING A SAWED OFF SHOTGUN, OR MACHINE GUN — M.G.L. c. 269, s. 10(c):

• Felony Conviction
• Mandatory Minimum of 2.5 years in State Prison
• Maximum of State Prison for life or any term of years

CARRYING A LARGE CAPACITY FIREARM OR FEEDING DEVICE— M.G.L. c. 269, s. 10(m):

• • Felony Conviction
  • Mandatory Minimum of 2.5 years in State Prison
  • Maximum of 10 years in State Prison

CARRYING A LOADED FIREARM, SAWED OFF SHOTGUN, OR MACHINE GUN — M.G.L. c. 269, s. 10(n):

• Felony Conviction
• 2.5 years in the House of Correction to run from and after the expiration of the sentence imposed for the underlying offense (ie., the sentence imposed for the Carrying a Firearm offense (see above), or the Carrying a Sawed Off Shotgun or Machine Gun offense (see above).

NOTE: The statutory definition of loaded is: “that ammunition is contained in the weapon or within a feeding device attached thereto.” The statutory definition of ammunition is: “cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.”  See M.G.L. c. 269, s. 10(o).