Unlawful Possession of a Machine Gun
Massachusetts Gun Crimes Laws
, Chapter 269, Section 10(c), prohibits the possession of a machine gun, except as provided by law (typically only to law enforcement).
Massachusetts Gun Laws define a "Machine Gun" as any weapon, loaded or unloaded, that is capable of rapidly or automatically discharging shots by one continuous activation of the trigger (including a sub-machine gun).
The penalty for violation of the crime of Unlawful Possession of a Machine Gun is imprisonment for not less than 18 months and for any term of years up to life.
All gun crimes are punished heavily, but the crime of unlawful possession of a machine especially so. This is because the legislature and the court's view the possession of a machine gun is likely to be associated with the commission of a very violent offense. Coupled with the fact that only law enforcement can obtain licenses to possess machine guns, a conviction for this offense is likely to be punished very heavily.
Like all gun crimes, there are certain criteria that must be met. The firearm must meet the definition of a "machine gun". Persons charged with this crime should consider the hiring of a ballistics expert to examine and test fire the weapon for the discovery of any defects, malfunctions or other issues that might raise the issue that the item does not meet the legal definition. In some cases, your best defense might be a very technical and scientific challenge to the item(s) or law at issue.Boston Criminal Lawyer Lefteris K. Travayiakis
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