Legal Question in Criminal Law in Massachusetts

Ok question. If i was arrested for having a pistol that had NO firing pin and NO magazine and NO ammo at all is it ilegal if i DONT have a permit and it wasnt on me it was in my car


Asked on 10/18/10, 11:01 am

1 Answer from Attorneys

Dominic Pang The Law Office of Dominic L. Pang

The prosecution must prove that the firearm is capable of discharging a bullet. They do this by firing the firearm and producing a certificate that says the firearm could discharge a bullet. No magazine and no ammo in and of itself would not be enough to show that the firearm was not capable of discharging a bullet, but no firing pin would make it hard for the prosecution to demonstrate beyond all reasonable doubt it was a working firearm.

In addition, there is the actual possession versus constructive possession issue to consider, as well as possibly a motion to suppress if the police found the firearm after some sort of illegality on their part. Consult an experienced criminal defense attorney to determine your options and defense strategies. Best of luck.

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Answered on 10/23/10, 10:26 pm


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