Massachusetts § 10E - Firearms sales, distributions or transfers; penalties; eligibility for probation, parole, furlough or work release

§ 10E. Firearms sales, distributions or transfers; penalties; eligibility for probation, parole, furlough or work release

Section 10E. Whoever, except as provided by law, in a single transaction or occurrence or in a series of transactions within a 12 month period, knowingly or intentionally distributes, sells, or transfers possession of a quantity of firearms, as defined in section 121 of chapter 140, shall, if the quantity of firearms is:

(1) 1 or more, but less than 3, be punished by a term of imprisonment of not more than 10 years in the state prison or by a fine of not more than $50,000, or by both such imprisonment and fine;

(2) 3 or more, but less than 10, be punished by a term of imprisonment, not to exceed 20 years in the state prison; provided, however, that said sentence shall not be less than a mandatory minimum term of imprisonment of 5 years; and provided further, that said sentence may include and a fine of not more than $100,000, which shall not be in lieu of the mandatory minimum term of imprisonment;

(3) 10 or more, be punished by a term of imprisonment up to life imprisonment in the state prison; provided, that said sentence shall not be less than a mandatory minimum term of imprisonment of 10 years; and provided further, that said sentence may include a fine of not more than $150,000, which shall not be in lieu of the mandatory minimum term of imprisonment.

A prosecution commenced under this section shall not be placed on file or continued without a finding and the sentence imposed upon a person convicted of violating this section shall not be reduced to less than the mandatory minimum term of imprisonment, as established in the first paragraph, nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory minimum term of imprisonment.

A person convicted of violating this section shall not, until the individual has served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections 129C or 129D of chapter 127; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent or other person in charge of the correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of a relative, to visit a critically ill relative or to obtain emergency medical or psychiatric services unavailable at said institution. Section 87 of chapter 276 shall not apply to any person, 18 years of age or over, charged with a violation of this section, or to any child between the age of 14 and 18, so charged, if the court is of the opinion that the interests of the public require that the child be tried for such offense instead of being dealt with as a child.