The unlawful sale of firearms is a crime against the public peace in Massachusetts. The law prohibits knowingly or intentionally selling, distributing or transferring firearms, machine guns, shot guns or rifles to another person unlawfully. Among other things, it is unlawful to make such a sale when the purchaser does not have the required license, permit or card.

The punishments for this crime vary based on how many guns were unlawfully sold. The sale of three or more but fewer than ten firearms is punishable by a mandatory minimum prison sentence of three years and a fine of up to $50,000. The prison sentence may be for up to ten years. Sale of ten or more but fewer than twenty firearms carries a mandatory minimum prison sentence of five years and a fine of up to $100,000. This sentence too may range to up to ten years in state prison. The sale of twenty or more firearms is punishable by a mandatory minimum sentence of ten years and a fine of up to $150,000. It is possible to get life in prison for selling twenty or more firearms unlawfully. None of these sentences can be suspended or reduced until the mandatory minimum is served. Prosecutions for the unlawful sale of firearms cannot be continued without a finding or placed on file.

As these serious potential punishments and mandatory minimums illustrate, gun control is not taken lightly in Massachusetts. Our state is serious not only about the unlawful sale of firearms, but also about unlawful possession, defacement or serial numbers, and unlawful carrying of firearms. As such, prosecutors and law enforcement will forcefully seek convictions for these crimes. If you have been charged with unlawful sale of firearms, you should immediately contact a knowledgeable defense attorney. Kathleen M. McCarthy is a leading criminal defense attorney in Massachusetts. Her entire legal career has been focused on criminal law, and her expertise in that area is unsurpassed. McCarthy has built an outstanding track record of success in her more than twenty years’ experience, and her clients appreciate her not only for her skill and intelligence, but also for her careful attention to all of their concerns. If you or a loved one has been charged with the unlawful sale of firearms or any other crime, call the Law Offices of Kathleen M. McCarthy at (978) 975 8060 or contact her online today.