MGL Chapter 269, Section 10(d):
Enhanced Penalties for Repeat Offenses

Section 10(d) of MGL Chapter 269^[1] provides escalating mandatory sentences for persons previously convicted under Section 10(a), (b), or (c) who commit subsequent offenses.

Escalating Penalties

• Second offense: 5 to 7 years state prison (5-year mandatory minimum)
• Third offense: 7 to 10 years (7-year minimum)
• Fourth offense: 10 to 15 years (10-year minimum)

Sentences cannot be suspended. No probation eligibility. No good conduct deductions.

Chapter 135 Impact

Section 10(d) was not directly amended by Chapter 135 of the Acts of 2024^[2]. However, it is indirectly affected by the broadened definition of "firearm." More individuals may be convicted under Section 10(a) or Section 10(c), feeding into Section 10(d) enhancements.

Silencer and Suppressor Prohibitions

The silencer and suppressor topic commonly associated with this subsection is actually found in Section 10A, a separate section comprehensively prohibiting the sale, possession, use, and disposal of firearm silencers and suppressors. Section 10A penalties include state prison up to 5 years or house of correction up to 2.5 years (no mandatory minimum). Mandatory confiscation and destruction upon conviction. Chapter 135, Sections 128-129, expanded Section 10A's scope to include component parts and unassembled silencer kits, closing the "solvent trap" loophole. Exceptions exist for federally licensed manufacturers (for law enforcement sales), Municipal Police Training Committee agents, and sworn law enforcement officers acting under authorization.

Related Provisions

Sections 10(a), 10(b), and 10(c) are the underlying offenses that trigger Section 10(d) enhancements. Section 10A is the separate silencer/suppressor prohibition. Section 10G provides additional armed career criminal enhancements.