Articles Posted in Illegal Weapons Possession

Due to the recent surge in mass shootings and the resulting gun debate, the term “stand your ground” has frequently been in the news. In stand your ground states, such as Florida and Texas, an individual can use force, without retreating, to protect himself against a threat. In these states, shooting an attacker would generally be considered within your rights if you feared for your safety. Massachusetts, however, is not a stand your ground state.

MA is a “duty to retreat” state, which means that you cannot use deadly force—even in self-defense—if you can reasonably avoid harm by retreating (such as running away). If, however, you are cornered, or otherwise unable to retreat, you are legally allowed to use deadly force if your life is threatened. A MA defense attorney can help you protect your rights if you’ve been charged with a crime.

Castle Doctrine

Although MA is a duty to retreat state, that duty does not apply to home intruders. Due to a MA statute called Castle Doctrine, there is no duty to retreat when the intruder is in your home. Some states apply the Castle Doctrine to areas outside of the home, such as the driveway. In MA, when the killing takes place in the defendant’s driveway, or on a porch or outside staircase, the doctrine does not apply. Nor does it apply to invited guests, even if the guest threatens the defendant’s life. There are, however, some exceptions to this rule. For example, if an invited guest is asked to leave, pretends to leave, gets a gun from his car and comes back, his status as an invited “guest” will change to trespasser.

People are allowed—by law—to defend themselves against the threat of physical harm. In fact, many people charged with murder or another violent crime often cite self-defense as the reason for their action. However, in order for this defense to work, the defendant must be able to show that a real threat existed. A Boston defense attorney can help you determine how to proceed if you’ve been charged with any type of crime.

Was Your Action Proportionate to the Threat?

In both stand your ground and duty to retreat states, the type of self defense used against an intruder must not exceed the threat. For example, if you come downstairs for a midnight snack and find an unarmed burglar in your kitchen, shooting him ten times will likely be perceived as excessive. However, if you wake up to find an intruder standing over your bed, gun in hand, you will probably be justified if you grab a gun from your nightstand and shoot him. This would also be true if it was later discovered that the intruder was wielding a fake pistol. It’s the perceived threat, not the actual threat, that matters.

If your self defense is not proportionate to the threat, this is known as imperfect self defense. No state gives you the right to attack without cause, and within each stand your ground state, a person’s right to use lethal force varies. Continue reading

On Sunday, a Nevada man opened fire at a Las Vegas concert, killing 58 and wounding more than 500. Stephen Paddock used automatic weapons to shoot concertgoers from his room at the Mandalay Bay hotel. Following the massacre, police discovered .223 caliber and .308 caliber assault rifles, and other firearms that had been altered to operate as automatic weapons. Nevada had previously prohibited high-caliber automatic weapons under the 1994 Federal Assault Weapons Ban, however, that law expired more than 10 years ago.

The tragedy, which is the largest mass shooting in U.S. history, has everyone shocked, and baffled. According to his brother, Paddock wasn’t an avid gun guy. “Where the hell did he get automatic weapons,” said Eric Paddock. “He has no military background or anything like that. A MA defense attorney can help you protect your rights if you’ve been charged with a crime.

Where and how Paddock obtained these automatic weapons is as yet unknown. Some were probably purchased illegally. That being said, Nevada’s gun laws are some of the most relaxed in the nation. Gun owners are not required to register their firearms, or even to be licensed. In Massachusetts, gun laws are much stricter. In fact, MA’s gun laws are some of the most comprehensive in the country. Not surprisingly, MA’s violent crime rates are among the lowest in the country.

Are Gun Laws Really So Tough?

In order to purchase or carry a firearm in Massachusetts, a prospective buyer must be fingerprinted, receive safety training, take a test, and submit to a waiting period. In addition, law enforcement is involved in the entire process.

In MA, there are five different types of firearms licenses. These are:

• RFID – Permits an individual to carry pepper spray or mace
• FID – Permits an individual to carry pepper spray, mace, and long rifles
• Class B license – Permits an individual to purchase long rifles and hand guns with no more than 10 rounds (concealment is not allowed)
• Class A license – Permits an individual to purchase any firearm in MA, and includes concealment privileges
• The 5th license – Permits the purchase of automatic weapons (for law enforcement only)

If you want to purchase a gun, you must first obtain a license of ownership. In order to obtain a license, you will have to complete an application, pay applicable fees, and be interviewed and fingerprinted at the local police department. From start to finish, it takes about 30 days. By integrating law enforcement into the process, implementing waiting periods, and making the license application so rigorous, purchasing a gun in MA is not an easy task. A Boston defense lawyer can help you determine how to move forward if you’ve been charged with a gun crime.

MA is Tough on Gun Dealers

As hard as the purchasing process sounds, MA gun laws are even more rigorous for dealers. In fact, MA has the harshest gun store laws in the country. Dealers must be licensed, maintain regular communication with the state, keep detailed records, allow inspections, and follow a long list of security regulations. Continue reading

On Tuesday, five new trauma response teams are launching in an effort to help residents of Boston’s high-crime neighborhoods cope with violence. According to Mayor Martin Walsh, this initiative was created in response to residents’ concerns. The effort, which will consist of health centers and community organizations, will be led by Walsh and the Boston Public Health Commission.

Outreach organizations will be set up in Roxbury’s Whittier Street Health Center, Jamaica Plain’s Tree of Life, the Four Corners Actions Coalition of Dorchester, and North Suffolk Mental Health of East Boston. In addition, a mobile vendor will host a 24-hour crisis hotline.

“We spent May to August of last year hosting 14 community listening sessions and heard from over 350 residents and providers,” said Catherine Fine, the Division of Violence Prevention director. “We asked them what they’d like to see in their neighborhoods following a traumatic event. And this is what we heard they wanted.”

Even when a traumatic event occurred in the distant past, teams will provide assistance if requested. “Someone may, following an event, feel like they don’t want to connect to someone,” said Fine. “And they can take support or access teams at any time, a year later, two years later.”

What is a Traumatic Event?

For the purpose of this new initiative, a traumatic event includes gun-related homicides, shootings that affect anyone under age 18 or multiple victims, and any traumatic event involving a child. According to Fine, in addition to providing assistance to victims, the initiative aims to inform residents that just because an area has a high crime rate, criminal activity doesn’t go unnoticed. A Boston defense lawyer can help you determine how to proceed if you’ve been charged with a criminal offense.

“We want community members to know the city cares,” said Fine. “We want to connect with residents to let them know there are services that are available.” Those involved with the initiative will inform the community of ongoing efforts through community meetings, door-to-door informational campaigns, and healing sessions. “The fact that we are sort of knitting together more of a system connecting these entities together is unique,” she said. “We hope it’s the start of a very positive model.”

Gang Violence in Boston Neighborhoods

Although this new initiative is aimed at helping residents cope with any type of crime-related traumatic event, much of the violent crime in the Boston area is due to gang activity. One of the most notorious gangs in Boston is the MS-13, a violent gang whose motto is “mata, viola, controla’’ — kill, rape, control.

MS-13 targets public high school students, mostly immigrants, and often recruits kids as young as 14 years old. They pull from many Boston neighborhoods, but Chelsea, East Boston, and Everett are typically hardest hit. “Mentors” assist them throughout the initiation process, which usually involves a combination of illegal drug activity, theft, rape and other forms of violent crime. A MA defense attorney can help if your child has gotten caught up in gang activity. Continue reading