MGL Chapter 269, Section 10(c):
Possession of a Machine Gun

Section 10(c) of MGL Chapter 269^[1] criminalizes unlawful possession of machine guns and sawed-off shotguns. Chapter 135 of the Acts of 2024^[2] significantly expanded its scope.

Chapter 135 Expansion

Section 115 of Chapter 135 expanded Section 10(c) to additionally cover:

• Bump stocks
• Automatic parts (including Glock switches and auto sears)
• Rapid-fire trigger activators
• Trigger modifiers

The expanded "machine gun" definition in Section 121 includes weapons modified to alter or increase rate of fire to "mimic automatic fire."

Federal vs Massachusetts Law

Federal law and Massachusetts law treat bump stocks differently. Effective May 6, 2026, an ATF final rule^[3] removed the language in 27 CFR 478.11 and 479.11 that had classified bump stocks as "machine guns" under federal law. The rescission implemented the Supreme Court's decision in Garland v. Cargill (2024)^[4], which held that a bump stock does not convert a semiautomatic rifle into a machine gun within the meaning of the National Firearms Act. Bump stocks are no longer regulated as machine guns at the federal level.

Massachusetts independently prohibits bump stocks at the state level under Chapter 135's expansion of Section 10(c) and the corresponding definitional changes in MGL Chapter 140, Section 121. Possession of a bump stock in Massachusetts remains a felony regardless of federal classification. The state-law prohibition is not affected by the federal rescission, and federal lawfulness is not a defense to a Massachusetts Section 10(c) charge. The Chapter 135 expansion is itself subject to the November 2026 referendum (see Referendum Status below); if the law is repealed by voters, the bump-stock ban would revert to the pre-2024 framework.

Penalties

Imprisonment in state prison for life, or for any term of years, subject to the mandatory minimum requirements of paragraph (a): 18 months minimum that cannot be reduced or suspended. Defendant is ineligible for probation, parole, work release, or furlough until 18 months are served. Prosecutions cannot be continued without a finding or placed on file.

Exceptions

Possession with permission under Section 131 (extremely rare, typically limited to licensed dealers and collectors) and law enforcement or military exemptions.

Related Provisions

Section 10(d) provides second and subsequent offense enhancement. Section 10(n) provides the loaded weapon enhancement. Section 10G provides the armed career criminal enhancement. MGL Chapter 265, Section 18B imposes a 10-year mandatory minimum for machine gun possession during a felony.

Referendum Status

The expanded scope covering bump stocks, automatic parts, and trigger modifiers is subject to the November 2026 referendum.