Massachusetts G.L. c. 269, § 10: Carrying a Firearm Without a License
If your charging documents reference G.L. c. 269, § 10, you are facing firearms charges in Massachusetts — which carries some of the most severe penalties in the nation. Massachusetts has a mandatory minimum sentence of 18 months for carrying a firearm without a license.
Understanding the specific subsection under which you are charged is critical because different sections carry different penalties and mandatory minimums.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being charged with a firearms offense in Massachusetts is terrifying because of the mandatory minimum sentences involved. We understand that many people facing these charges are not criminals — they may have been licensed in another state, inherited a firearm, or made an honest mistake about Massachusetts law. For nearly 30 years, we have helped people facing firearms charges work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 269, § 10 Prohibit?
Massachusetts G.L. c. 269, § 10 contains multiple subsections governing different firearms offenses. Section 10(a) makes it a crime to carry a firearm outside your home or place of business without a valid license to carry. This carries an 18-month mandatory minimum sentence.
Section 10(h) makes it illegal to possess a firearm, rifle, shotgun, or ammunition without complying with Massachusetts licensing requirements — even in your home. This is a less serious offense without a mandatory minimum.
Other subsections address carrying loaded firearms, possessing large capacity weapons, and various aggravating circumstances. The specific subsection charged dramatically affects potential penalties.
Massachusetts law is among the strictest in the nation. Being properly licensed in another state does not make you legal in Massachusetts. Moving to Massachusetts with firearms requires compliance with state licensing requirements.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Possession or Carrying — You possessed or carried a firearm. This can include having a firearm on your person, in your vehicle, or under your control.
Item Meets Definition of Firearm — The item meets the legal definition of a "firearm" — a weapon capable of discharging a shot or bullet with a barrel less than 16 inches.
Knowledge — You knew you possessed the firearm or had control over it. You do not need to know it met the statutory definition of a firearm.
Lack of Valid License (for Section 10a) — You did not have a valid Massachusetts license to carry the firearm outside your home or office.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Possession or Carrying — You possessed or carried a firearm. This can include having a firearm on your person, in your vehicle, or under your control.
Item Meets Definition of Firearm — The item meets the legal definition of a "firearm" — a weapon capable of discharging a shot or bullet with a barrel less than 16 inches.
Knowledge — You knew you possessed the firearm or had control over it. You do not need to know it met the statutory definition of a firearm.
Lack of Valid License (for Section 10a) — You did not have a valid Massachusetts license to carry the firearm outside your home or office.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Penalties Under Massachusetts Law
Massachusetts firearms penalties are among the harshest in the nation, with mandatory minimum sentences for most offenses.
Carrying Without License — Section 10(a)
● Mandatory minimum: 18 months imprisonment
● Maximum: 2.5 years house of correction OR up to 5 years state prison
● Cannot be suspended — must serve at least 18 months
● Not eligible for probation, parole, furlough, or work release until minimum served
● Maximum: 2.5 years house of correction OR up to 5 years state prison
● Cannot be suspended — must serve at least 18 months
● Not eligible for probation, parole, furlough, or work release until minimum served
Unlawful Possession — Section 10(h)
● Up to 2 years in house of correction, OR
● Fine up to $500
● No mandatory minimum
● Second offense: Up to 2 years and/or $1,000 fine
● Fine up to $500
● No mandatory minimum
● Second offense: Up to 2 years and/or $1,000 fine
Carrying Loaded Firearm — Section 10(n)
● Mandatory minimum: 18 months
● Maximum: 2.5 years house of correction
● Often charged alongside Section 10(a)
● Maximum: 2.5 years house of correction
● Often charged alongside Section 10(a)
Collateral Consequences
● Permanent criminal record for firearms offense
● Loss of right to possess firearms in Massachusetts and federally
● Employment difficulties (especially law enforcement, security, government)
● Immigration consequences for non-citizens (deportable offense)
● Loss of professional licenses
● Impact on child custody determinations
● Loss of right to possess firearms in Massachusetts and federally
● Employment difficulties (especially law enforcement, security, government)
● Immigration consequences for non-citizens (deportable offense)
● Loss of professional licenses
● Impact on child custody determinations
Related Criminal Charges
● G.L. c. 140, § 131L: Improper Storage of a Firearm — Often charged alongside possession
● G.L. c. 140, § 131M: Possession of Assault Weapon or Large Capacity Device
● G.L. c. 269, § 10(m): Possession of Large Capacity Firearm
● G.L. c. 269, § 10H: Carrying Loaded Firearm While Intoxicated
● G.L. c. 265, § 18B: Possession of Firearm During Commission of Felony
● G.L. c. 140, § 131M: Possession of Assault Weapon or Large Capacity Device
● G.L. c. 269, § 10(m): Possession of Large Capacity Firearm
● G.L. c. 269, § 10H: Carrying Loaded Firearm While Intoxicated
● G.L. c. 265, § 18B: Possession of Firearm During Commission of Felony
Defending Against Carrying a Firearm Charges
Despite the mandatory minimum sentences, firearms cases are often defensible. Common defenses include challenging whether you actually possessed the firearm, whether the item meets the legal definition of a firearm, and whether the search that discovered the weapon was constitutional.
Many firearms cases are discovered during traffic stops or searches. If police violated your constitutional rights in conducting the search, the evidence may be suppressed and the case dismissed. We carefully examine all police activity for constitutional violations.
For out-of-state residents with valid licenses from other states, or individuals who inherited firearms, there may be factual defenses related to knowledge and intent. First-time offenders may qualify for pre-arraignment diversion in some circumstances.
Every case is different. The specific facts, the circumstances of how the firearm was discovered, and your background all affect what defenses and options may be available.
Many firearms cases are discovered during traffic stops or searches. If police violated your constitutional rights in conducting the search, the evidence may be suppressed and the case dismissed. We carefully examine all police activity for constitutional violations.
For out-of-state residents with valid licenses from other states, or individuals who inherited firearms, there may be factual defenses related to knowledge and intent. First-time offenders may qualify for pre-arraignment diversion in some circumstances.
Every case is different. The specific facts, the circumstances of how the firearm was discovered, and your background all affect what defenses and options may be available.
What To Do Right Now
If you have been charged under G.L. c. 269, § 10, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Massachusetts firearms charges carry mandatory minimum sentences that cannot be suspended. Experienced legal representation is essential to explore every possible defense and option. For nearly 30 years, we have defended firearms charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
