Legal Question in Criminal Law in Massachusetts

MA Firearms License

Here is the situation...

three men were traveling in a car to go target shooting. The car was pulled over by state police for a bad registration sticker and then the driver was arrested for driving without a license. The second man stepped out of the car and a blunt fell out of his lap and he was then arrested also. The third man (unaware that there was marijuana in the car) was then told he could drive the car to the owners house and that was the end of that. The third man later recieved a letter from the local police stating that his RTC was suspended and he was to surrender his firearms. The reason; possesion of the firearm in the presence of marijuana.

The question:

The third man would like to appeal this suspension. what is the best thing to do.

And gain a better understanding as to how a suspension works and affects him if the an appeal will not help/work.


Asked on 5/24/08, 5:25 pm

1 Answer from Attorneys

Re: MA Firearms License

This "third guy" (you?) has to do a few things.

1st, not be in possession of any firearms while this appeal is pending. DO NOT turn them in at the police station; give them to a friend who has a Firearms License OR bring them to a gun store and see if they will store them, OR have your attorney store them. Our office maintains a safe for this purpose. The reason for not turning them over to the police is simple... there is a short period of time that they will store them and then, by law, they have to turn them over to the State Police who auction them off and keep the cash - end of story.

2nd. This guy needs someone to represent him since the appeal will be in front of a judge and, believe it or not, many judges are inclined to side with the local police - this is a politically appointed office and newspapers love to pick on judges who uphold the law when the outcome is unpopular... that's life. So a judge needs something to hang his hat on, so to speak, and that's where the lawyer comes in.

Read more
Answered on 5/24/08, 6:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts