What is the mandatory minimum for carrying a gun in Massachusetts?

Carrying a firearm without a license under G.L. c. 269, § 10(a) carries an 18-month mandatory minimum sentence. This sentence cannot be suspended, and you are not eligible for probation, parole, or work release until the minimum is served.

Is carrying a firearm a felony in Massachusetts?

Yes. Carrying a firearm without a license can be prosecuted as a felony with up to 5 years in state prison. The 18-month mandatory minimum applies regardless of whether it is prosecuted as a felony or misdemeanor.

Can I carry a firearm in Massachusetts with an out-of-state license?

No. Massachusetts does not recognize firearms licenses from other states. Carrying a firearm with only an out-of-state license subjects you to the same penalties as carrying without any license, including the 18-month mandatory minimum.

Can firearms charges be dismissed in Massachusetts?

Yes. Firearms cases may be dismissed if evidence was obtained through an unconstitutional search, if the Commonwealth cannot prove all elements, or through pre-arraignment diversion in some circumstances. An experienced attorney can evaluate potential defenses.

Charged With G.L. c. 269 § 10? MA Firearm Defense Lawyer

Understanding Your Charges and Your Options

Being charged with a firearms offense in Massachusetts is terrifying because of the mandatory minimum sentences involved. Many people facing these charges are not criminals. They may have been licensed in another state, inherited a firearm, or misunderstood Massachusetts law. For more than 30 years, we have helped people facing firearms charges work toward the best possible outcome.

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 knowingly possess a firearm, or have one under your control in a vehicle, outside your residence 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.

A license from another state is not a Massachusetts license. Narrow exceptions exist, such as transporting an unloaded firearm that is not readily accessible through Massachusetts between two places where you may lawfully have it.

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 a firearm, or had it under your control in a vehicle. Being near a gun, even knowing it is there, is not enough. The Commonwealth must prove you knew about it and had both the ability and the intent to control it.

‍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 item and knew it was a firearm in the ordinary sense of the word. For a conventional firearm, you do not need to know it met the statutory definition.

‍Lack of Valid License (for Section 10a) — You did not have a valid license to carry. Since 2023, the Commonwealth must prove this; it is no longer up to you to produce a license.

The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense. The District Court's model jury instruction for this charge is Instruction 7.600.

Penalties Under Massachusetts Law

Penalties depend on the subsection charged, and several carry mandatory minimum sentences.

Possession Without a License — Section 10(a)

● Mandatory minimum: 18 months imprisonment
● Range: 18 months to 2½ years in a house of correction, or 2½ to 5 years in state prison
● Cannot be suspended — must serve at least 18 months
● Not eligible for probation, parole, work release, or furlough until 18 months are served, and the case cannot be continued without a finding or placed on file

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

Loaded Firearm — Section 10(n)

● An additional sentence of up to 2½ years in a house of correction, served after the sentence for the 10(a) or 10(c) charge
● Applies when the firearm was loaded, meaning ammunition was in the weapon or in a feeding device attached to it

Large Capacity Firearm — Section 10(m)

● 2½ to 10 years in state prison, with a mandatory minimum of one year, for possessing a large capacity firearm or feeding device without a license to carry. A firearm identification card is not a defense, but a person holding a valid FID card is not subject to the mandatory minimum. The case cannot be continued without a finding or placed on file.

Repeat Offenses — Section 10(d)

● After a prior conviction under 10(a), (b), or (c): 5 to 7 years in state prison for a second offense, 7 to 10 years for a third, and 10 to 15 years for a fourth. These sentences cannot be suspended, and probation is not available.

Related Criminal Charges

● G.L. c. 140, § 131L: Improper Storage of a Firearm
● 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 visitors, there may be a defense if the firearm was being transported through Massachusetts unloaded and not readily accessible, between two places where you could lawfully have it. Someone whose Massachusetts license had expired may also have a defense in some circumstances. Not knowing that Massachusetts requires a license, however, is not a defense on its own. 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.

Common Questions About Firearm Possession Charges

Can I be charged just because a gun was in the car I was in?

Being in the same car is not enough. The Commonwealth must prove you knew the gun was there and had both the ability and the intent to control it. Being near a gun, even knowing about it, does not by itself prove possession.

Does it matter that I did not know Massachusetts required a license?

Not on its own. The Commonwealth does not have to prove you knew the law required a license. But other defenses may apply, such as lawful transport through the state or an expired license that was never revoked.

Is a firearm identification card the same as a license to carry?

No. A firearm identification card lets you possess a firearm in your home or place of business. It does not allow you to have a firearm outside them, though it can be a defense to possessing a rifle or shotgun.

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.

Massachusetts G.L. c. 269, § 10: Carrying a Firearm Without a License