Fighting Firearms Charges in Massachusetts: Lessons from Commonwealth v. Ferrara
Introduction
Being charged with a firearms offense in Massachusetts is one of the most serious criminal matters a person can face. A conviction can lead to mandatory minimum jail sentences, probation restrictions, and a permanent criminal record that impacts your future. If you are arrested for carrying a firearm in Brockton, Boston, or anywhere in the Commonwealth, you need a skilled Massachusetts criminal defense lawyer for a firearms charge who understands the rapidly evolving law.
A recent Supreme Judicial Court decision, Commonwealth v. Erik A. Ferrara (SJC-13711, August 26, 2025), illustrates just how complicated these cases can be. The court’s ruling reversed one conviction outright and ordered a new trial on others, based on both constitutional protections and the prosecution’s burden of proof.
This case shows why anyone facing gun charges should immediately consult a Brockton firearms charge lawyer or a Boston gun charge lawyer who knows how to attack weaknesses in the Commonwealth’s case.
The Ferrara Case: Background
On July 4, 2021, East Bridgewater police stopped a moped carrying two men, including Erik Ferrara as a passenger. The officer learned that the driver had a suspended license and an outstanding warrant. Because neither man was licensed to operate the moped, the officer decided to impound it.
Before towing, the officer conducted an inventory search—a procedure allowed under certain circumstances to protect property and shield police from claims of theft. Inside the unlocked storage compartment, he found a backpack. When he picked it up, he felt what he believed was a firearm. Upon opening the backpack, he discovered a loaded handgun with its serial number removed, along with Ferrara’s Massachusetts identification card and other belongings.
Ferrara denied ownership of the gun, though he admitted ownership of some items in the backpack. Nevertheless, prosecutors charged him with:
Carrying a firearm without a license (G.L. c. 269, § 10[a])
Carrying a loaded firearm without a license (G.L. c. 269, § 10[n])
Defacement of a firearm’s serial number (G.L. c. 269, § 11C)
At trial in Brockton District Court, Ferrara was convicted on all three charges. He appealed, arguing that the motion to suppress should have been granted and that there was insufficient evidence for the defacement charge.
The Motion to Suppress: Search and Seizure Issues
One of the key issues in firearms cases is whether the gun was lawfully discovered. In Ferrara’s case, the officer impounded the moped and searched the storage compartment.
Ferrara argued that the impoundment violated departmental policy because the moped wasn’t illegally parked or blocking traffic. He also claimed the officer should have let him remove his belongings before the search.
The SJC disagreed. The court held:
Police may impound a vehicle if it cannot be secured and there’s risk of theft or vandalism.
Inventory searches are valid if they follow standardized policies.
Officers aren’t constitutionally required to offer alternatives such as third-party removal or returning personal items before the search.
This ruling reaffirms that motions to suppress in firearms cases are fact-specific. A strong Massachusetts firearm suppression motion lawyer can still win suppression if police deviate from written policies or use “inventory” as a pretext for investigation. But Ferrara’s suppression claim did not succeed.
The Game-Changer: Burden of Proof After Bruen and Guardado
The most significant part of the SJC’s ruling concerns the possession charges.
Traditionally in Massachusetts, once prosecutors proved someone had a firearm, the defendant had the burden of showing they were licensed. But in 2022, the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen changed the landscape. Then, in Commonwealth v. Guardado (2023), the SJC held that the Commonwealth must prove beyond a reasonable doubt that a defendant did not have a license.
That shift meant Ferrara should have received a jury instruction clarifying that the prosecution had to prove lack of a license. He didn’t. As a result, the SJC ordered a new trial on the carrying and carrying a loaded firearm charges.
This development is crucial. It means that in any Massachusetts gun trial after Bruen, the Commonwealth cannot simply assume lack of a license. They must present evidence—such as testimony from licensing authorities—that the defendant was unlicensed. Without it, convictions may not stand.
The Defacement Charge: Insufficient Evidence
The SJC also reviewed Ferrara’s conviction for defacing a firearm’s serial number. Under Massachusetts law, prosecutors must prove either that the defendant:
Personally removed or altered the serial number, or
Knowingly received a gun that had already been defaced.
At trial, the judge only instructed the jury on the first theory: that Ferrara intentionally removed the number. But the Commonwealth presented no evidence that Ferrara actually did so. They simply relied on the fact that he possessed the backpack containing the defaced gun.
Because jurors weren’t instructed on the “knowing receipt” theory, and because no evidence showed Ferrara himself defaced the weapon, the SJC reversed this conviction outright and entered a judgment of not guilty.
What This Means for Firearms Defendants in Massachusetts
The Ferrara decision carries major lessons for anyone facing a gun case in Brockton, Boston, or elsewhere in Massachusetts:
1. Suppression Motions Are Critical
While Ferrara lost on suppression, many cases turn on whether police followed strict procedures. A skilled Massachusetts firearms defense attorney will scrutinize every step of the stop, impoundment, and search. If police cut corners, evidence may be thrown out.
2. The Commonwealth Bears the Burden of Proof
After Bruen and Guardado, prosecutors must prove you lacked a license. If they fail to present evidence, your conviction cannot stand. This is a powerful tool for the defense.
3. Jury Instructions Matter
Trials often hinge on the instructions jurors receive. In Ferrara, the wrong instruction meant an entire conviction was overturned. Defense lawyers must fight for precise instructions that reflect current law.
4. Defacement Requires Proof of Intent
Mere possession of a defaced gun isn’t enough for a conviction under the “intentional defacement” theory. Prosecutors need evidence of actual alteration. A Boston gun charge lawyer can highlight this gap.
Penalties for Firearms Charges in Massachusetts
Massachusetts has some of the strictest gun laws in the country. Penalties include:
Carrying a firearm without a license (G.L. c. 269, § 10[a]): Minimum mandatory 18 months in jail, up to 5 years in state prison.
Carrying a loaded firearm (G.L. c. 269, § 10[n]): Additional 2½ years, often consecutive.
Defacement of a serial number (G.L. c. 269, § 11C): Up to 2½ years in jail or 5 years in state prison.
Given these harsh consequences, anyone charged must act quickly to secure an experienced Brockton criminal defense lawyer for gun charges.
Defense Strategies in Firearms Cases
Every case is unique, but common strategies include:
Challenging the Stop and Search – Was the traffic stop valid? Was the impoundment necessary? Did police follow written policy?
Ownership and Possession Defenses – Was the gun actually yours? Did you even know it was there? Constructive possession can be fought.
Lack of License Proof – Did the Commonwealth prove beyond a reasonable doubt that you lacked a license?
Challenging Forensic Evidence – Was the firearm operable? Was it really loaded? Were fingerprints or DNA tested?
Defacement Challenges – Did prosecutors prove intent to deface, or just possession of a defaced gun?
Suppression Motions – If evidence was unlawfully obtained, the case may collapse.
A seasoned Massachusetts criminal defense lawyer for a firearms charge will deploy these strategies and more.
Why Hire a Brockton Firearms Charge Lawyer?
If you’re arrested in Brockton, you’ll likely appear in the Brockton District Court or Plymouth Superior Court. Local experience matters. A Brockton firearms charge lawyer understands how local judges, clerks, and prosecutors handle gun cases.
Similarly, in Suffolk County, a Boston gun charge lawyer can anticipate how Boston Police, State Police, and Suffolk prosecutors build firearms cases.
The Ferrara case shows that even when evidence looks overwhelming, appellate courts can overturn convictions if the trial wasn’t handled correctly. But you need a defense team that spots these issues from the start.
Frequently Asked Questions (FAQ)
Q: Can I be convicted of carrying a firearm if I didn’t know it was in the car or backpack?
A: Not necessarily. Prosecutors must prove knowing possession. A defense attorney can argue lack of knowledge or control.
Q: What if the police say the gun was in “plain view”?
A: Plain view doctrine has strict limits. If police crossed the line, your lawyer can move to suppress the evidence.
Q: Do I have to testify to prove I had a license?
A: No. After Guardado, the Commonwealth must prove you did not have a license.
Q: What if the serial number was missing when I got the gun?
A: Unless prosecutors can prove you defaced it—or instructed someone else to—you should not be convicted of intentional defacement.
Q: What’s the first thing I should do if arrested?
A: Call a Massachusetts firearms charge lawyer immediately. Do not answer questions without your attorney present.
Conclusion: Protect Your Rights Immediately
Commonwealth v. Ferrara underscores that firearms cases in Massachusetts are anything but straightforward. Between constitutional challenges, shifting burdens of proof, and complex statutes, the outcome often depends on the skill of your defense attorney.
If you are facing a gun case in Plymouth County, Suffolk County, or anywhere in Massachusetts, don’t wait. Contact a Brockton firearms charge lawyer, a Boston gun charge lawyer, or an experienced Massachusetts criminal defense lawyer for a firearms charge right away.
Your freedom, your record, and your future are on the line.
Call to Action
At Benzaken, Maguire, Sheehan & Wood, LLP, we defend individuals accused of the most serious charges in Brockton, Boston, and across Massachusetts. We have successfully challenged firearms cases at every stage—from motions to suppress to appeals before the Supreme Judicial Court.
If you or a loved one is charged with unlawful possession of a firearm, carrying a loaded gun, or defacement of a serial number, call us today for a confidential consultation.
Don’t face these charges alone. Call (508) 897-0001, or fill out a web inquiry form, now to speak with a dedicated Massachusetts gun defense attorney.