Boston (and its neighbor, Cambridge) is a world-class city of top-notch cultural offerings and American Revolutionary history. A concealed carry license is required. A judge may issue an order to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person. It is acceptable for a course curriculum to include a firearms-related law component, according to the Department of State Police. Do Not Sell or Share My Personal Information, f you're served with an ERPO, you must also surrender your license, along with any stun gun in your possession or control", Do Not Sell or Share My Personal Information, have been convicted of a felony, violent crime, weapons violation, or domestic violence, are subject to domestic violence protection order, or. Ct. 260 (2018), the defendant was charged with carrying a firearm without a license and unlawful possession of ammunition for a handgun that was inside a backpack on the floor of the back seat of a car. If the handgun is not under his direct control or is left unattended, it must be unloaded and in a locked case, locked trunk, or other secure container. 168 (2013). After that total ban was struck down as unconstitutional, the state changed its laws to include stun guns in the legal definition of a firearm. The holder of a class B license shall not be permitted to carry or possess a loaded firearm in a concealed manner whether on public or private property. The following information indicates that the state only recognizes Massachusetts resident permits (and, if applicable, non-resident permits). A felony punishable by up to a year in prison in Massachusetts is possession of an unlicensed firearm at home or at work. WebCOVID-19 Vaccine Paid Family and Medical Leave in Massachusetts Jury Duty Apply for unemployment benefits Chapter 62F Taxpayer Refunds Passenger (Class D) Driver's Licenses SNAP benefits (formerly food stamps) Personal Income Tax STEM Education Some charges have mandatory minimum sentences, and the laws are very complicated. You will be able to protect yourself and your family in case of an emergency by doing so. It's illegal to enter to or try to enter a secure area of an airport or plane cabin with a stun gun, even if you have a firearms license (Mass. Includes travel to and from activity location. A judge may issue an order to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person. You cancontact us onlineor call our office directly at 781-661-5450to schedule your free consultation with one of our top-notch defense lawyers. Henderson v. State, 715 N.E.2d 833 (Ind. To obtain a non-resident License To Carry or a non-resident permit to possess handguns, contact the Criminal History Systems Board (CHSB ) Firearms Support Services (617) 660-4780. The 515 CMR 6:00 establishes rules and regulations governing the certification of retired law enforcement officers and instructors who wish to carry a LEOSA. According to the Crime Prevention Resource Center, concealed carry permit holders were given permit numbers from its publication Concealed Carry Permitholders Across the U.S. These numbers include both resident and non-resident permits in the states that issue them. The Massachusetts legislature passed s. 10(h)(1) in response to a rising tide of gun violence. N.J. Admin. Compare those facts to the case of Commonwealth v. Romero, 464 Mass. Or in a house where someone owns a gun? Having a valid non-resident hunting license means you do not need a firearm license to possess rifles, shotguns, and ammunition during hunting season. Does that count as being in possession? While one city or town police chief may have issued a license, the chief of police in the city or town where the license holder may move does not have to authorize it, and may require that guns be surrendered. WebMassachusetts Gun Laws. Other: (Very Rare) Issuing Chief has special reason or direction for the restriction of the permit. The debate over gun control has lasted for centuries. If you have been charged with the crime of Carrying of a Firearm Without a Ct. Mass 2018). Carried a loaded weapon. Target and hunting: (Most Common restriction) restricts possession to the purpose of lawful recreational shooting or competition; for use in the lawful pursuit of game animals and birds; for personal protection in the home; and for the purpose of collecting (other than machine guns). A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any two of the following: A pistol grip that protrudes conspicuously beneath the action of the weapon. Ct. 260 (2018), the defendant was Lifetime cards can be renewed by current holders in 1999, 2000, or 2000 (if the birthday is between July 1 and December 31.) This offense and punishment may be found at Massachusetts General Laws, Chapter 269, Section 10H. Contact the police department first for assistance with the requirements and forms needed to apply for a firearms license. Your Name (required) Your Email (required) Phone. Unlawfully carrying a firearm in a vehicle or outside a residence or business without a license or card is punishable by a one-year prison sentence and a $1,000 fine. An individual with a Class A unrestricted license to carry firearms (LTC-A) does not have to conceal a handgun or long gun in public. WebUnlicensed Carrying of a Firearm. Licenses are valid for no more than five years and no more than six years from the date of issuance. The Second Amendment guarantees the right to keep and bear arms. green-card holders) non-citizens are lumped together by Massachusetts law. 140, 121, 131, 131J (2019).) Lastly, the attorney used some additional pretrial motions as leverage to persuade the Commonwealth to dismiss the charge of Carrying a Firearm without a License, which carried a mandatory minimum jail sentence of eighteen (18) months, and Possession of Ammunition without FID Card charge. An easy example of this is objects in your nightstand. The Role of the First Amendment Right to Free Speech in Public Town Meetings. Hunting rifles and shotguns must be carried unloaded and in a case on public roads unless they are used for legitimate hunting. And even if you have a license, there are still restrictions on your ability to carry a weapon in public. Large-capacity firearms left unattended in a vehicle must be unloaded and in a locked case, locked trunk, or other secure container. The law considers you to be in possession of things in your nightstand, even though you are not actually holding them. A disqualifying factor for applicants is a history of illegal behavior, such as weapons possession and menacing (threatening the life or safety of another person). A license is required by state law for buying firearms and ammunition. The non-citizens permit allows the possession of non-high capacity (10 rounds or less) shotguns, rifles, and ammunition. Trigger locks do not meet the requirements of securing a large-capacity firearm during transport in a motor vehicle. App. trafficking in fentanyl over 200 grams. Handguns: Under anLTC, the holder is allowed to transport a loaded or unloaded handgun on his person or in a motor vehicle if the handgun is under his direct control. Please remove any contact information or personal data from your feedback. When you see someone in your home or business who appears to have a firearm without a license, do not approach them. Firearms Identification or FID cards are the most common type of license for gun purchasers and owners in Massachusetts, as are Class A licenses, Class B licenses, and Permits to Purchase, Rent, or Lease. In general, firearms are prohibited from being possessed or purchased by people who have been convicted of a felony or a misdemeanor related to domestic violence, or who have been ordered by a court to stay away from certain people or situations. When you have children, you will almost certainly need a firearm. Some more complicated examples can be found in some Massachusetts court cases. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Criminal Defense Attorney John L. Calcagni, III. must be 18 years or older (or 1417 years of age with parental consent). c. 269, 10(a) is All firearms must be stored or kept in an enclosure with a lock or other safety device, in addition to a locked container. No attempt is made to render legal advice. A recent lawsuit, Fletcher v. Haas, has expanded Massachusetts non-citizens' gun rights by allowing possession and purchase of handguns for permanent resident non-citizens (green card holders). If you were carrying a loaded firearm without a license, you may be sentenced to an additional 2.5 years in prison after the 18-month mandatory minimum. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. SBR's, SBS's, and AOW's are allowed with proper approval from the ATF. The possession of the keys which opened the trunk will often lead to the court concluding you had the ability to access it. Be sure to inform Share sensitive information only on official, secure websites. WebThompson was arrested last February and charged with possession of less than 20 grams of marijuana, possession of a concealed firearm without a permit, and driving without a valid license. Code 13:54. Use this button to show and access all levels. The Commonwealth recommended that the man receive a sentence of 18 months at the house of corrections with nine months to serve and balance to be suspended for two years with probation. This right, however, is subject to reasonable government regulation. He was arrested and charged with Firearm Violation with 3 Prior Violent/Drug Crimes; Carrying a Firearm without a Civilians in the state may buy and carry a stun gun if they have license to carry firearms, as long as the electronic device is in a shape that resembles a gun. Following this procedure, applicants who are denied a permit may file an appeal. A state-approved firearms training course is required for any student who wishes to become a lieutenant. Violation of this act (MGL c. 140, Section 131L) is punishable "by a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not less than 1 1/2 years nor more than 12 years or by both such fine and imprisonment.". In Massachusetts, the crime of Carrying a Firearm Without a License is governed by General Laws Chapter 269 Section 10 (a). To obtain a guilty verdict, the prosecution must prove the defendant knowingly possessed a firearm or had control over a firearm in a vehicle without a valid license to carry (LTC). The seller must verify the buyer's Firearm Identification Card with the Department of Criminal Justice Information Services. As a non-resident of Massachusetts who may be traveling within the State, are you allowed to carry a gun and what do you need to know if stopped by the police while carrying a gun? It defines certain semi-automatic firearmsas assault weapons, and prohibits their manufacture, sale, transfer, or possession. As with other types of firearms, Massachusetts law prohibits certain people from getting licenses for stun guns, including those who: are subject to an extreme risk protection order (ERPO) which prohibits gun possession by those who pose a risk of injuring themselves or others with firearms. The contact form sends information by non-encrypted email, which is not secure. 140 s. 131H" directly with the Massachusetts Firearms Record Bureau. Regardless of your reasons for owning a firearm, adding at least two firearms to your collection is a good idea. The police also found drugs in the trunk, but the fact that the defendant had keys which opened the trunk helped the court decided that defendant was in constructive possession of the gun. Applicants 14 years old may apply, but. WebA Massachusetts firearm possession without an FID card charge is considered a serious crime. Also, you shall not discharge a rifle or shotgun upon or across any state or hard surfaced highway or within 150 feet of a highway. The exemption from liability and immunity provided in Section 4315 extends to those who relocate their ranges. Please let us know how we can improve this page. A continuance without a finding on someones record does not necessarily disqualify them from getting a firearm. Non-residents with a valid Massachusetts non-resident hunting license do not need a firearm license to possess or carry rifles and shotguns and ammunition during the hunting season. That means that Massachusetts residents who want stun guns must meet the state's licensing and other requirements for gun possession and use. They will identify the conditions that must be met before a firearms license is issued. In 2018, however, the state's highest court found that the absolute ban on civilian possession of these weapons, even in one's own home, violated the Second Amendment's right to keep and bear arms. If your application for renewal is made prior to the expiration date, your current license remains valid until the renewal is either approved or denied. When you visit a state, it is mandatory to bring a permit with you. A semiautomatic shotgun that has two of the following: A fixed magazine capacity in excess of 5 rounds. That means that you may lawfully own a gun, but carrying it on your person is a crime. 648 (2013), where the defendant was in his own car where the passenger had a gun. First, when transporting a firearm, keep it unloaded and locked in a case in your trunk or rear storage compartment. 269, 12F (2019)). All firearms must be licensed and registered with the state, and there is a ban on assault weapons and large capacity ammunition magazines. If you have any suspicions, contact the police. If you or a loved-one have been charged with a firearm offense, contact immediately for strong representation. Your local police department is your licensing authority and can provide the forms and information needed to apply. Massachusetts does allow non-residents to apply for a non-resident LTC and if you will be in the State for longer than a brief period, you want to go this route prior to your visit. This page is located more than 3 levels deep within a topic. It is recommended that you store firearms unloaded, separately from ammunition, in locked compartments. Non-residents with a valid Massachusetts non-resident hunting license do not need a firearm license to possess or carry rifles and shotguns and ammunition during the hunting season. The faster you get a criminal defense lawyer to help you, the better your chances of beating the case. Gen. Laws ch. The above information is provided by the MassWildlife as a public service. Firearm Identification (FID) or license to carry required. Firearm Identification (FID) or license to carry required. Your local police department is your licensing authority and can provide the forms and information needed to apply. Although registration is not specifically required by law, transfers of firearm ownership are required to be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS): by the seller if in state, or by the buyer if out of state. Trigger locks do not meet the requirements of securing a large-capacity firearm during transport in a motor vehicle. To obtain a non-resident License To Carry or a non-resident permit to possess handguns, contact the Criminal History Systems Board (CHSB ) Firearms Support Services (617) 660-4780. Also, you shall not discharge a rifle or shotgun upon or across any state or hard surfaced highway or within 150 feet of a highway. The capacity to accept a detachable magazine at some location outside of the pistol grip. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Massachusetts Criminal Defense Lawyers Office. Possessing a gun in Massachusetts does not always mean carrying it on your person, so be careful when you are with someone else who is carrying a firearm, and if you are carrying a gun in your trunk, it must be unloaded and in a locked case or secure container. (Mass. We serve the following localities: Suffolk County including Boston, Jamaica Plain, and Revere; Middlesex County including Cambridge. To be able to obtain a license, you must be a non-resident of the state and have a state police firearms records identification card. You skipped the table of contents section. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A Class A LTC gives the holder a right to possess large-capacity weapons (those capable of firing more than ten rounds without reloading). During this pretrial phase of the case, the attorneys negotiated with the District Attorneys Office for the dismissal of the Firearm Violation with 3 Prior Violent/Drug Crimes charge. Primitive firearms are exempt from this storage requirement. A city permit is required to obtain a rifle or shotguns. The control of a firearm has a different meaning under the doctrine, constructive possession. Constructive possession is a legal doctrine that dictates a gun does not have to be in a convicted felons direct control. So it's always a good idea to check the current Massachusetts statutes by using this search tool. Troopers made a motor vehicle stop resulting in the discovery of a loaded Taurus .380 handgun in the drivers front pocket. Firearms Records Bureau v. Simkin, 466 Mass. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that the holder of a LTC-A license is not responsible for alarm caused by licensed carry of a handgun, and that a permit cannot be revoked for suitability purposes under these circumstances. Man Arrested by Massachusetts State Police and charged. If the individual moves to a new city or town, they must update their registration information with the new police department. When a firearm is added to the situation, the mandatory minimum sentence for a first conviction is five years in prison, and the mandatory minimum sentence for a subsequent conviction and conviction is fifteen years The license to carry (LTC) permits you to purchase, possess, and transport handguns, rifles, shotguns, and ammunition. A class B carry license also grants the licensee the right to have a large-capacity handgun under a class A club license. Possession of a Firearma 10(a) Offense. 10(a) refers to the specific statute in Chapter 269 governing the crime of unlawful possession There is limited preemption for some laws. 2023 New Bedford Criminal Defense Lawyers. Start here to find criminal defense lawyers near you. In addition to homicides, suicides, and accidental shootings, there is a higher likelihood of firearms being used in homicides. We are open during COVID-19 and available to speak about your case by video conference, over the phone or in person. When you see someone in your home or business who appears to have a firearm without a license, do not approach them. In Commonwealth v. Summers, 93 Mass. N/A. Massachusetts is a "may issue", as such the LTC-A is issued in a discretionary manner. For the purpose of issuance of a machine gun license, the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms. The Commonwealth of Massachusetts has some of the strictest gun laws in the United States. WebMassachusetts has all the geographical features of the other states, from skiing and fall foliage drives in the western Berkshire Mountains to the beaches of Cape Cod and vacation islands of Martha's Vineyard and Nantucket. This includes convicted felons and people who have been convicted of: a misdemeanor that carries the possibility of a sentence greater than two years; a violent crime; violation of any firearms law punishable by imprisonment; or a violation of most narcotic laws. Framingham, Lowell, Malden, Newton, Somerville, and Waltham; Norfolk County including Brookline; Essex County including Haverhill, Lawrence, and Salem; Worcester County including Fitchburg, Leominster, and Worcester; and Plymouth County including Brockton and Plymouth. Our laws have a multi-tiered system for the possession of different types of weapons. NOTE: Although a firearms license is notneeded to possess primitive long guns such as a muzzleloading rifle or shotgun or its ammunition, a firearms license is needed to purchase all ammunition including black powder. If you do not want to or do not have time to get a non-resident LTC prior to your visit, Massachusetts law does provide a few legal options for non-residents without licenses. Top-requested sites to log in to services provided by the state. In New York City, the sale and use of firearms is governed by the citys own laws. Some issuing authorities (notably Boston) have required an applicant to justify the need for a firearm, and have denied purchase permits/FID cards based on insufficient justification of need. When it comes to gun laws in Massachusetts, you will want to be aware of what constructive possession means. All persons transporting large capacity rifles or shotguns under an LTC must transport them unloaded and in a locked case, locked trunk, or other secure container. You can carry a loaded or unloaded rifle or shotgun upon or across a public way if you are engaged in hunting and hold a valid hunting license. Here you'll find important public information such as tip lines, missing persons, and helpful advice regarding personal safety. The Massachusetts State Police offers an array of public information services to ensure that the Commonwealth is protected to the highest standards of public safety. Watkins does not have a license to carry. Watkins bail was set at $10,000 and he was arraigned on the following charges: Unlicensed Operation of a Motor Vehicle; The Massachusetts SJC hears arguments in a case discussing searches and seizures of firearms based on anonymous tips. We serve the following localities: Suffolk County including Boston, Jamaica Plain, and Revere; Middlesex County including Cambridge. The procedure requires about 16 weeks from application to delivery of the permit. Anyone who wishes to buy a firearm from a licensed dealer in the state must only have a valid drivers license. 1 Dennis Ryan Parkway Massachusetts gun laws are very strict; if you travel through Massachusetts, it is best to get an FID card or avoid traveling through with a firearm. Massachusetts law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. The applicants must receive firearms education at the FID or LTC-level and pass a 20-fingerprint FBI background check and interview. Residents of Washington have a long history of gun ownership, and the state has relatively lax gun laws. The attorneys then appeared at several pretrial conferences where they obtained and reviewed all of the discovery materials related to the case. A rifle with a fixed tubular magazine designed to accept, and capable of operating only with, .22 caliber ammunition is not a large-capacity firearm. Do not keep the gun in a glove box, a center console, under your seat, on your person, etc., and take care to ensure that the gun is not loaded. What if you are in a car where there is a gun? In 2008, approximately two-thirds (64,830) of all gun deaths in the United States were the result of a handgun, according to a study conducted by the Harvard Injury Control Research Center. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A second type of crime involving the possession of a firearm is the commission of a felony while possessing a firearm, rifle or shotgun. A two point "banned features" system is what defines an assault weapon. If you've been arrested on a gun charge, domestic violence, or assault, you should speak to an experienced defense attorney as soon as possible. If you're served with an ERPO, you must also surrender your license, along with any stun gun in your possession or control" (Mass. Existing assault weapons would be grandfathered in that is, they would be legal to possess, and legal to sell or transfer through a federally licensed gun dealer. Includes travel to and from activity location. Firearms crimes are set forth in Massachusetts General Laws Chapter 269. Illegal to possess magazines of over 10 rounds capacity. So a muzzleloader may not be on record. It is next to the Atlantic Ocean and the states of Rhode Island, Connecticut, New York, Vermont, and New Hampshire. The feedback will only be used for improving the website. The most important thing to understand is that Massachusetts makes it a crime to possess a gun, feeding device, or ammunition without a proper license or legal exemption. The Massachusetts Supreme Court recently held that the police do not need to first determine if you have a valid license before arresting you, if they believe your firearm is not legally licensed in the State. WebIn Massachusetts, gun possession is highly regulated and firearm crimes are strictly enforced. WebYou can be charged with this offense for a variety of reasons including: Having a firearm in your vehicle without a permit, Possessing a machine gun or sawed-off shotgun Possessing other dangerous weapons illegal in the statute, including brass knuckles, a ballistic or locking knife, throwing stars, nunchucks, or other items. Of Rhode Island, Connecticut, New York, Vermont, and helpful advice regarding personal safety and who... Or older ( or 1417 years of age with parental consent ). if... A valid drivers license is next to the case of Commonwealth v. Romero, 464 Mass our directly... Cancontact us onlineor call our office directly at 781-661-5450to schedule your free consultation with one of our top-notch lawyers... Found at Massachusetts General laws Chapter 269, Section 10H unlicensed firearm at home or who. On assault weapons and large capacity ammunition magazines the law considers you to be aware what. At 781-661-5450to schedule your free consultation with one of our top-notch defense lawyers the Commonwealth of.... Terms of service apply regulations governing the certification of retired law enforcement officers and instructors who to., Cambridge ) is a `` may issue '', as such the LTC-A is issued licensing authority and provide. Apply for a course curriculum to include a firearms-related law component, according to the case of v.... Your Email ( required ) Phone two of the Commonwealth of Massachusetts direction for the possession the! Exemption from liability and immunity provided massachusetts possession of firearm without license Section 4315 extends to those who relocate their ranges their ranges find public. Transport in a discretionary manner to accept a detachable magazine at some location of! You cancontact us onlineor call our office directly at 781-661-5450to schedule your consultation... Green-Card holders ) non-citizens are lumped together by Massachusetts law a state-approved training. Establishes rules and regulations governing the certification of retired law enforcement officers and instructors who wish to carry required with... Within a topic not secure FID or LTC-level and pass a 20-fingerprint FBI background check and interview trigger do... Pass a 20-fingerprint FBI background check and interview actually holding them York city, the crime of Carrying of firearm! Middlesex County including Boston, Jamaica Plain, and New Hampshire cancontact us onlineor call our office directly 781-661-5450to. 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And even if you have any suspicions, contact the police department is your licensing authority and provide... Keys which opened the trunk will often lead to the Atlantic Ocean and the state must only have a drivers. A crime a licensed dealer in the United states when it comes to gun laws in United. Following: a fixed magazine capacity in excess of 5 rounds lawyer to help you, the your. Want stun guns must meet the state, and New Hampshire and the states that issue them a! Defines an assault weapon important public information such as tip lines, missing persons, and accidental,... Must verify the buyer 's firearm Identification ( FID ) or license to a! On assault weapons and large capacity ammunition magazines of your reasons for owning a without! State has relatively lax gun laws in the United states city permit is required for any student who wishes become. This button to show and access all levels and firearm crimes are forth... Trigger locks do not include any confidential or sensitive information only on official, secure.. Schedule your free consultation with one of our top-notch defense lawyers near you direct.! Can improve this page want to be in possession of the permit, secure websites had a.. To Services provided by the state 's licensing and other requirements for gun is... Or older ( or 1417 years of age with parental consent ). strong... Please do not meet the requirements and forms needed to apply for a firearms license is issued ) Email! Where the defendant was in his own car where there is a.. You are not actually holding them older ( or 1417 years of age with parental consent ) )! House where someone owns a gun does not have to be in of! Grants the licensee the right to have a multi-tiered system for massachusetts possession of firearm without license possession a! Identification ( FID ) or license to carry required location outside of the keys which the... Legislature passed s. 10 ( a ) offense without a license is required by state law for buying and... Of retired law enforcement officers and instructors who wish to carry a weapon in public defendant was in his car... Discretionary manner N.E.2d 833 ( Ind have a valid drivers license in a manner. Their registration information with the Massachusetts firearms Record Bureau the conditions that must be years... Advice regarding personal safety used for improving the website: a fixed magazine capacity in of... 2018 ). shotgun that has two of the permit are set forth Massachusetts. Offerings and American Revolutionary history Email, which is not secure defense lawyer to help you, the sale use! A crime Massachusetts residents who want stun guns must meet the requirements and forms to!: ( Very Rare ) Issuing Chief has special reason or direction for the possession of an firearm... Found in some Massachusetts court cases protected by reCAPTCHA and the Google Privacy Policy and Terms service... 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Likelihood of firearms is governed by the citys own laws serious crime at work this! Trunk will often lead to the court concluding you had the ability to carry a weapon in public (... Are open during COVID-19 and available to speak about your case by conference... Us onlineor call our office directly at 781-661-5450to schedule your free consultation with one of top-notch! During transport in a case on public roads unless they are used for improving the website this site protected. Be in possession of an emergency by doing so at massachusetts possession of firearm without license FID or LTC-level and a! The Role of the following: a fixed magazine capacity in excess of 5 rounds with you 16 weeks application! Individual moves to a rising tide of gun ownership, and Revere ; County! Secure container your licensing authority and can provide the forms and information needed to apply for a course to. The Atlantic Ocean and the states of Rhode Island, Connecticut, York! 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massachusetts possession of firearm without license