Illegal Sale of Firearms or Ammunition

In Massachusetts, the illegal sale of firearms is a serious felony. There is a minimum mandatory state prison sentence associated with these charges, the length of which depends on the quantity of firearms involved.

MGL c. 269 s. 10E outlines the potential penalties based on the number of firearms involved in the illegal transaction:

• 3- 9 firearms, minimum mandatory of 3 years, up to 10 years in state prison and $50,000 fine
  
• 10- 19 firearms, minimum mandatory of 5 years, up to 10 years in state prison and $100,000 fine
• 20 or more firearms, minimum mandatory of 10 years, up to life in state prison and $150,000 fine

Under MGL c. 269 s. 10A, the illegal sale, keeping for sale, use, or providing of a silencer, except as otherwise authorized by law, is punishable by up to 5 years in state prison.

For purposes of s. 10A, a silencer is defined as any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the firing of any gun, revolver, pistol or other firearm.

Under MGL c. 269 s. 10F, the illegal sale, keeping for sale, offering, or transfer of any large capacity weapon or large capacity feeding device, except as authorized by MGL c. 140, to an adult 18 or older, carries up to 10 years in state prison. A subsequent offense under this statute carries a mandatory minimum 5 years, up to 15 years in state prison.

Under subsection (b), if you transfer provide a large capacity weapon or large capacity feeding device to a child under the age of 18, you face a mandatory minimum 5 years, up to 15 years in state prison.

“Large capacity Weapon” and “Large Capacity Feeding Device” are both defined by MGL c. 140 s. 121.

If you have been charged with illegal sale or distribution of a firearm, or any other gun crime in Massachusetts, contact our office immediately for your free initial consultation:

(617) 830- 2188