Unlawful Possession of an Assault Weapon in Massachusetts
Massachusetts strictly bans assault weapons under M.G.L. c. 140, §131M. A charge can carry up to 10 years in state prison. Attorney Adela Aprodu provides aggressive defense to protect your future.
Massachusetts has one of the most comprehensive assault weapons bans in the nation. Under M.G.L. c. 140, Section 131M, it is illegal to sell, transfer, or possess an assault weapon or large-capacity feeding device. This is a serious felony charge that demands experienced legal defense. Attorney Adela Aprodu provides aggressive representation for clients facing assault weapon possession charges.
What Is an Assault Weapon Under Massachusetts Law?
Massachusetts law defines assault weapons broadly. Under §131M, an assault weapon includes:
Semi-Automatic Rifles
Any semi-automatic rifle with a detachable magazine and at least one of the following features:
- Folding or telescoping stock
- Pistol grip that protrudes conspicuously beneath the action
- Bayonet mount
- Flash suppressor or threaded barrel designed for one
- Grenade launcher
Semi-Automatic Pistols
Any semi-automatic pistol with a detachable magazine and at least one of:
- Threaded barrel capable of accepting a flash suppressor or silencer
- Second handgrip
- Barrel shroud the shooter can use as a grip
- Manufactured weight of 50 ounces or more (unloaded)
- Semi-automatic version of a fully automatic weapon
Specifically Named Weapons
The statute also specifically lists weapons that qualify as assault weapons, including copies or duplicates of models such as the AR-15, AK-47, Uzi, and many others.
The 2016 “Copycat” Enforcement Notice
In 2016, then-Attorney General Maura Healey issued an enforcement notice clarifying that weapons which are “copies or duplicates” of banned models also fall under the assault weapon ban. This includes firearms with interchangeable parts or that are substantially similar in operation to listed weapons, even with cosmetic differences.
Penalties for Assault Weapon Possession
The consequences of an assault weapon conviction are severe:
| Charge | Penalty | Additional Consequences |
|---|---|---|
| Possession of assault weapon | Up to 10 years state prison; fine up to $10,000 | Felony record; license revocation |
| Large-capacity feeding device | Up to 10 years state prison; fine up to $10,000 | Felony record; license revocation |
| Sale or transfer of assault weapon | Up to 10 years state prison; fine up to $10,000 | Enhanced scrutiny; federal implications |
| Connected with other crime | Enhanced sentencing | Consecutive sentences possible |
Collateral Consequences
Beyond prison and fines, a felony assault weapon conviction results in permanent loss of firearms rights, difficulty finding employment, potential immigration consequences, and restrictions on housing and professional licensing.
Defense Strategies for Assault Weapon Charges
Attorney Aprodu uses multiple defense strategies to fight assault weapon charges:
Challenging Weapon Classification
The assault weapon definition involves technical specifications. Attorney Aprodu works with firearms experts to examine whether the weapon truly meets the statutory definition of an assault weapon, including whether it genuinely has the prohibited features.
Pre-Ban Exemption
Firearms lawfully possessed before the ban took effect may be exempt. Attorney Aprodu investigates the weapon’s manufacture date and ownership history to determine whether the pre-ban exemption applies.
Search and Seizure Challenges
If law enforcement discovered the weapon through an illegal search—without a valid warrant, probable cause, or recognized exception—the evidence can be suppressed, potentially resulting in dismissal of charges.
Lack of Knowledge
If the defendant did not know the weapon was classified as an assault weapon—for example, if it was purchased from a licensed dealer or inherited—this can form the basis of a defense.
Constructive vs. Actual Possession
In shared living situations, the prosecution must prove the defendant had knowledge and control of the weapon. Attorney Aprodu challenges assumptions about who actually possessed the firearm.
Key Takeaways: Assault Weapon Defense
- M.G.L. c. 140, §131M bans assault weapons defined by specific features and named models, including copies and duplicates.
- Penalties are severe—up to 10 years in state prison and $10,000 in fines for possession alone.
- The “copy or duplicate” rule expanded the ban to include weapons substantially similar to listed models.
- Pre-ban weapons may be exempt—but the exemption is narrow and requires careful analysis.
- Search and seizure challenges are often the strongest defense in these cases.
- Attorney Adela Aprodu fights aggressively to protect your rights and explore every possible defense.
Facing assault weapon charges? Contact Attorney Aprodu immediately for a free consultation.
Frequently Asked Questions About Assault Weapon Charges
Under §131M, an assault weapon includes any semi-automatic rifle or pistol with a detachable magazine and military-style features (folding stock, pistol grip, flash suppressor, etc.), plus specifically named weapons and their copies or duplicates.
Possession of an assault weapon is punishable by up to 10 years in state prison and fines up to $10,000. A conviction results in a felony record and permanent loss of firearms licenses.
Certain firearms manufactured before September 13, 1994 may qualify for a pre-ban exemption, but the 2016 enforcement notice significantly narrowed this exception. An attorney can evaluate whether the defense applies to your specific weapon.
Lack of knowledge about the weapon’s classification can be a defense. If you purchased from a licensed dealer or inherited the weapon, an attorney can argue you reasonably believed the firearm was lawfully configured.
The 2016 enforcement notice clarified that weapons with interchangeable parts or substantially similar operation to banned models also fall under the assault weapon ban, even with cosmetic differences.
Yes. Defense strategies include challenging the weapon’s classification, arguing the pre-ban exemption, contesting illegal searches, and negotiating with prosecutors. An experienced attorney evaluates which defenses are strongest for your case.
Related Firearms Defense Resources
Facing Assault Weapon Charges? Get a Free Consultation
These are serious felony charges that demand experienced legal defense. Attorney Adela Aprodu will fight for your rights and explore every possible defense strategy.