Defending Individuals Facing Firearms and Weapons Charges
Weapons charges are among the most seriously prosecuted criminal offenses in Rhode Island and Massachusetts, two states with some of the strictest firearms laws in the country. A single misstep can result in felony charges, mandatory minimum sentences, and consequences that follow a person for life.
At Corrao & Robles Law, attorney Nelson Robles represents individuals facing weapons charges throughout Rhode Island and Massachusetts, working to challenge the case, protect constitutional rights, and pursue the most favorable resolution available.
Common Weapons Charges
Weapons offenses encompass a wide range of charges involving firearms, ammunition, and other dangerous weapons. Common charges include:
Rhode Island Weapons Laws
Rhode Island requires individuals to obtain a license to carry a concealed firearm in public. Carrying without a valid license is a criminal offense and can result in felony charges depending on the circumstances. Rhode Island also prohibits certain categories of individuals — including those with felony convictions and those subject to domestic violence restraining orders — from possessing firearms entirely.
Rhode Island law imposes specific restrictions on certain types of weapons, including sawed-off shotguns and other modified firearms. The state also has provisions that enhance penalties when a firearm is used or displayed during the commission of another offense, adding significant sentencing exposure on top of whatever underlying charge is involved.
Massachusetts Weapons Laws
Massachusetts has some of the strictest firearms laws in the United States, and navigating them is genuinely complex. The state requires residents to obtain a Firearm Identification (FID) card to possess rifles, shotguns, and certain ammunition, and a License to Carry (LTC) to possess or carry handguns. Possessing a firearm without the appropriate license in Massachusetts is a felony carrying a mandatory minimum sentence of eighteen months.
Massachusetts also imposes strict regulations on large-capacity weapons and magazines, assault-style weapons, and specific firearm features. The state’s assault weapons ban and large-capacity restrictions mean that firearms that are entirely legal in neighboring states may result in serious criminal charges when brought into Massachusetts, even by otherwise law-abiding individuals who were unaware of the distinction.
Federal Weapons Charges
Some firearms offenses are prosecuted at the federal level, often carrying mandatory minimum sentences that significantly exceed what state law imposes. Federal weapons charges frequently arise in connection with other federal investigations and can involve:
Federal firearms cases are prosecuted by U.S. attorneys and often arise in the context of broader criminal investigations. The sentencing exposure in federal weapons cases can be severe, with mandatory minimums that leave little room for judicial discretion absent specific and carefully argued exceptions.
Common Defenses in Weapons Cases
Unlawful Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures, and weapons charges frequently depend on evidence obtained during a stop, search, or arrest. If a firearm or weapon was discovered during a search that lacked proper legal justification, a motion to suppress that evidence can significantly weaken or eliminate the prosecution’s case.
Lack of Knowing Possession
Many weapons charges require the prosecution to prove that a defendant knowingly possessed a firearm or weapon. If a weapon was found in a shared space, a borrowed vehicle, or a location where multiple people had access, the question of who actually possessed the weapon and whether they were aware of its presence can be a central issue in the defense.
Invalid or Improperly Issued Charges
Charges are sometimes brought based on a misreading or overly broad application of the applicable statute. Carefully examining whether the weapon at issue actually falls within the charged category, whether the defendant’s conduct actually constitutes the offense as defined by law, and whether proper procedures were followed throughout the investigation can reveal significant weaknesses in the prosecution’s case.
License and Authorization Defenses
In some cases, an individual may have had a valid license or authorization that was overlooked, misunderstood, or not properly considered during the arrest or charging process. Establishing that a defendant was lawfully authorized to possess or carry a weapon is a complete defense to many weapons charges.
Second Amendment Considerations
Constitutional challenges to certain weapons laws continue to evolve following significant developments in Second Amendment jurisprudence in recent years. Depending on the specific charge and circumstances, constitutional arguments may be available that were not viable in earlier years.
Weapons Charges and Prior Criminal Records
One of the most significant factors in a weapons case is the defendant’s prior criminal history. Individuals with prior felony convictions are generally prohibited from possessing firearms under both state and federal law, and weapons charges brought against individuals with prior records often carry dramatically enhanced penalties and mandatory minimum sentences.
For individuals with prior convictions who are facing weapons charges, understanding the full scope of sentencing exposure and identifying every available avenue of defense is especially critical.
Weapons Charges Connected to Other Offenses
Weapons charges frequently arise in connection with other criminal allegations, and prosecutors often use the presence of a weapon as leverage to increase overall sentencing exposure. In federal cases, the mere possession of a firearm during a drug trafficking offense can add a mandatory consecutive sentence on top of whatever penalty the underlying charge carries.
When weapons charges are layered on top of other allegations, the defense strategy must account for all of the charges together.
Consequences of a Weapons Conviction
A conviction on a weapons charge can carry lasting consequences that extend well beyond the sentence imposed, including:
When to Speak With a Weapons Charges Attorney
Contact an attorney as soon as possible if any of the following apply:
Having experienced legal counsel involved from the beginning of a case can make a significant difference in how it resolves.
Work With Corrao & Robles Law
Attorney Nelson Robles represents individuals throughout Rhode Island and Massachusetts facing firearms and weapons allegations, working to challenge the government’s evidence, protect constitutional rights, and pursue outcomes that protect each client’s future.
Corrao & Robles Law is prepared to evaluate the circumstances of your case and discuss the best path forward.