Criminal Defense Attorney | Firearms and Weapons Charges

Criminal Defense of Firearms and Weapons Charges

John L. Calcagni III is a Weapons and Firearm Criminal Charges Defense Attorney.
Contact him by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Firearms and Weapons Charges in Massachusetts

Discharge of a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; Assault and Battery with a Firearm.

Man charged with conducting a drive by shooting at a 7-Eleven gas station in New Bedford, MA. Police alleged the man exacted revenge on rival gang members at the 7-Eleven following a similar drive by shooting the day prior whereby the man’s brother sustained two gunshot wounds. The 7-Eleven shooting incident occurred in the early morning hours of November 10, 2009. It was witnesses by several parties and partially caught on a surveillance video. The police engaged in a high speed chase with the man after receiving reports of gun shots at the 7-Eleven and a description of the man’s white car fleeing the scene. During chase, police observed a passenger run from the fleeing vehicle and into a nearby housing project. Police lost sight of the vehicle for a brief period of time, and then discovered it abandoned on a dead end street near a rural cemetery. A posse of police officers and K9 police dogs searched the entire area to include the abandoned car, housing project and nearby cemetery. The search uncovered a firearm abandoned in the housing project; an empty magazine that matched this firearm in the abandoned car; and the Defendant hiding in the cemetery. He was subsequently arrested and charged with Discharging a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; and Assault and Battery with a Firearm. Defendant confessed to police that he had been shot at by hang rivals at the 7-Eleven and denied being involved in the shooting. Defendant also consented to gunshot residue testing, which came back negative. Also, no prints were uncovered from either the firearm or magazine. The police also developed no ballistic evidence that either the discovered firearm or magazine were connected to the charged incident. The case proceeded to trial lasted approximately one week. At the outset of trial, the Defense filed a series of motions in limine, many of which were granted. Thereafter, the Commonwealth presented its case, which involved video evidence; physical evidence; documentary evidence; and the testimony of eleven police and civilian witnesses. The Defense crossed examined each witness vigorously and offered various pieces of demonstrative evidence. After the close of the Commonwealth’s case, I moved for a directive verdict. The Court granted my motion with respect to count 3, defacing the serial number of a firearm. The Court denied the motion with respect to the remaining counts and allowed the matter to proceed to the jury. After 2.5 hours of deliberation, the jury rendered its verdict of not guilty on all remaining charges. Defendant was acquitted and released from the courthouse.

RESULT: Not Guilty After Jury Trial.

See more case Results

In the Commonwealth of Massachusetts there are serious repercussions and criminal charges for carrying a firearm or weapon without a FID, or Firearms Identification Card which is the form of licensing that permits someone to carry a firearm in MA. According to the Massachusetts Laws governing guns and other weapons, everything from the sale of a firearm, to storage and safety issues is covered by law. Everyone carrying any kind of firearm is subject to being required to also carry an FID card.

The 4th Amendment of the Constitution, as well as the Massachusetts Declaration of Rights does provide that citizens of the United States have the right to carry and bear arms, and an experienced weapons charge defense attorney will be able to file motions to suppress any evidence gained unlawfully, or convince the court that the possession of the firearm by their client was unintentionally and unknowingly illegal.

The Massachusetts General Laws, Chapter 269, Section 10(a) provides for the governing language concerning the illegal carrying and possession of firearms, which are defined as any weapon that can fire a bullet or shot with a barrel length of under sixteen inches. It does not matter if this is a loaded weapon or not, and this law applies to both handguns and shotguns or rifles. There are differences in the charges and sentencing guidelines for the unlawful carrying and illegal possession of a firearm.

Contact the Weapons and Firearms Criminal Defense Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Unlawful Carrying of a Firearm

In order to be convicted of the unlawful carrying of a firearm in MA, the defendant must be found to have had knowledge of the possession of the gun and the weapon must be under the defendant’s control. The only exemptions to this charge apply if the gun or rifle is found at a defendant’s residence or place of business, if the defendant has a license (FID card) to carry the firearm and has abided by all the provisions of the laws governing firearm control.

There are mandatory sentencing guidelines for the crimes involving handguns, rifles and other firearms. This means that the judge cannot issue a sentence that is below the guidelines for any of these crimes, and will impose even harsher sentences on repeat offenders or those who have other charges on their criminal records. The mandatory sentence for the unlawful carrying of a firearm is two and one half years in a state prison, with the minimum allowed reduction of 18 months, and no available probation or parole until the 18 months is served.

Illegal Possession of a Firearm in Massachsuetts

The illegal possession of a firearm is governed by MAGL Chapter 269 Section 10(h) which legally defines a firearm under the same terminology as that of unlawfully carrying a firearm, and requires that a defendant be found to be in possession of a firearm according to the definition, with the defendant being exempted only by virtue of ownership of a license to carry a firearm.

The mandatory sentence for illegal possession of a firearm carries a punishment of up to two years in prison, or a fine of up to $500.

Air rifles and pellet guns do not require licensing for either possession or carrying, however certain restrictions are outlined concerning where these air weapons can be discharged, who may own and carry them and the penalties for illegal use of air guns in general.

Contact Massachusetts Firearms Criminal Defense Lawyer John L. Calcagni by
Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Federal Firearms Laws - Rhode Island

Assault and Battery; Assault with a Dangerous Weapon; and Witness Intimidation: Dismissed

Serious domestic disturbance between husband and wife. Husband allegedly grabs wife by neck, throws her to floor, and punches her about the head and neck repeatedly. Husband then allegedly takes large kitchen knife and moves it over wife’s body up and down multiple times in a stabbing motion. As wife attempts to escape out front door, husband allegedly throws dining room chair striking her in the leg. As wife attempt to call 9-1-1, husband allegedly takes cell phone from her to prevent her from notifying police. Ultimately, the police are notified and husband is charged with Assault and Battery; 2 counts of Assault with a Dangerous Weapon (i.e. knife and chair); and Witness Intimidation.

RESULT:Successfully negotiated dismissal of all charges on the morning of trial.

See more case Results

Based upon the Federal Firearms Laws the use of firearms in violent crimes or drug-trafficking offenses carries a mandatory prison sentence of up to 20 years, with second offenses carrying life imprisonment terms. These laws are structured to apply to more violent criminal behavior including drug-trafficking, use of deadly weapons, assault with a firearm, discharging a firearm in public, and the illegal use of firearms by fugitives from justice.

Federal firearms laws also apply to the methods of shipping firearms from person to person, state to state, and country to country. It is important to note that if you are traveling from one state to another and transporting your firearm with you, you will need to be licensed to carry and possess that firearm in every state that you visit or travel through to be exempt from criminal charges relating to your carrying the firearm from one state to another.

To secure your rights, and gain the best understanding of the Massachusetts State as well as the Federal firearms laws that apply to Rhode Island, consult with an experienced illegal firearms defense attorney.

Contact Federal Firearms Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

ADMITTED TO PRACTICE IN:

Rhode Island         2003
Massachusetts       2003
Connecticut           2005
New York              2005
Florida                   2008
U.S. District Court for Northern District of New York         2004
U.S. District Court for Eastern District of New York            2010
U.S. District Court for Southern District of New York         2010
U.S. District Court for the District of Rhode Island              2008
U.S. District Court for the District of Massachusetts            2008
U.S. District Court for the District of Connecticut               2009
U.S. District Court for the District of Columbia                   2010
U.S. Court of Appeals for the First Circuit                           2004
U.S. Court of Appeals for the Second Circuit                       2011
U.S. Army Court of Criminal Appeals                                 2011
U.S. Court of Appeals for the Armed Forces                        2011
U.S. Supreme Court                                                             2009