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May 18, 2024

The Defense of a Large Capacity Feeding Device Charge

If you own a gun in Massachusetts, then you must follow a number of rules and restrictions. Those restrictions include what type of ammunition and accessories you can use. The Commonwealth takes violations of these laws seriously. One such offense is the crime of unlawful possession of a large capacity feeding device (LCFD). In order to be convicted of this offense you must have known that the device you possess meets the legal definition of an LCFD. However, not knowing that you possessed the device is often an excellent defense to this charge.

The law defines an LCFD as any magazine, box, drum, feed strip or other similar device capable of holding more than 10 rounds of ammunition for rifles and shotgun shells. It also includes the fixed magazines for semiautomatic assault weapons and machine guns as well as semiautomatic rifles and shotguns with a removable, detachable magazine. However, the LCFD prohibition doesn’t apply to persons that have been legally authorized to possess or carry such devices. Additionally, a person may temporarily possess an LCFD while at a shooting competition sponsored by a licensed organization.

There are several lines of defense to a LCFD charge, but they all require the help of an experienced criminal lawyer. For example, the LCFD statute includes a knowledge requirement that isn’t present in many other criminal charges. A person must know that a weapon or feeding device meets the legal definition of an LCFD in order to be charged. However, not everyone knows that a device meets the legal definition of an LCFD, especially those who aren’t familiar with the law.

Other ways to defend against a LCFD charge can center on how the search for the weapon or feeding device was conducted. If the police lacked probable cause to search your person, home or car then they did so illegally and any evidence gathered during that search could be inadmissible. This could result in the dismissal of any charges against you.

The consequences of a LCFD conviction can be severe and the penalty may include jail time. Moreover, a criminal record will have a negative effect on your career, educational opportunities and other aspects of your life. A skilled attorney who has successfully defended clients against gun crimes and other serious offenses can provide you with the best possible outcome for your case. Contact the experienced attorneys at the Law Offices of Stephen Bilkis & Associates for a free consultation today. We have offices in New York City, White Plains, and Suffolk County, and we represent clients in a wide range of matters, including gun crimes, grand larceny and white collar crimes. We offer free initial consultations, and we have weekend and evening hours available by appointment. We also accept all major credit cards. We offer flexible payment plans. Call us now at 1-800-NY-NY-LAW or fill out our online form to set up your consultation. We look forward to hearing from you.