Possession of Large Capacity Weapon or Feeding Device Charges Defense in Massachusetts
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It is unlawful for a person to possess or have under his or her control in a vehicle a Large Capacity Weapon or Large Capacity Feeding Device without a valid License to Carry. Under Massachusetts criminal law, the crime of Unlawful Possession of Large Capacity Weapon or Feeding Device may be found at Massachusetts General Laws, Chapter 140, Section 10(m).
Furthermore, now under Massachusetts criminal law, it is unlawful for a person to sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not already lawfully owned prior to September 13, 1994. This means possession any assault weapon, large capacity weapon, or large capacity feeding device which can accept and hold more than 10 rounds of ammunition or a rifle or shotgun which can hold more than 5 shells is illegal. This crime may be found at Massachusetts General Laws, Chapter 140, Section 131M.
What is a Large Capacity Weapon or Feeding Device?
Massachusetts law defines a “Large Capacity Weapon” as any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm or more than five shotgun shells in the case of a shotgun; or (iv) that is an assault weapon.
An “Assault Weapon” is defined as a semiautomatic assault weapon capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a separate pull of the trigger to fire each cartridge.
This includes any semiautomatic rifle that can accept a detachable magazine that holds more than 5 rounds of ammunition or any semiautomatic shotgun that can hold more than 5 rounds of ammunition in a fixed or detachable magazine.
A “Large Capacity Feeding Device” is a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells or a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act. These definitions may be found at Massachusetts General Laws, Chapter 140, Section 121.
Legal Elements of Unlawful Possession of a Large Capacity Weapon or Feeding Device
In order to be found guilty of Unlawful Possession of Large Capacity Weapon or Large Capacity Feeding Device under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant possessed or had under his or her control in a vehicle a large capacity weapon or feeding device
- that the defendant did so knowingly
- that the weapon meets the definition of a large capacity weapon or feeding device
- that the defendant did not have a valid license to carry such weapon or feeding device
Potential Punishment if Convicted of Unlawful Possession of Large Capacity Weapon or Large Capacity Feeding Device in Massachusetts
The potential consequences for Unlawful Possession of Large Capacity Weapon or Large Capacity Feeding Device if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 140, Section 10(m).
If convicted, a defendant shall be punished by imprisonment in a state prison for not less than 2 ½ years nor more than 10 years. However, if the defendant had a valid Firearms Identification Card at time, he or she would be subject to a lesser minimum mandatory sentence of not less than 1 year nor more than 10 years in state prison.
If the defendant was in possession of an assault weapon or large capacity feeding device, which was not lawfully owned prior to September 13, 1994, the defendant shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment.
The potential consequences for this crime if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 140, Section 131M. Items owned prior to September 13, 1994 are considered grandfathered in under the law and may be possessed.
If you have been charged with Unlawful Possession of Large Capacity Weapon or Large Capacity Feeding Device call (508) 213-9113 to schedule a free consultation with top rated Massachusetts Gun Defense Lawyers of the Law Office of John L. Calcagni III.