Section 10(h) of MGL Chapter 269[1] criminalizes owning, possessing, or transferring a firearm or ammunition without complying with Chapter 140, Section 129C[2] (FID card requirements).
Penalties
- First offense: Imprisonment up to 2 years or fine up to $500. No mandatory minimum (a critical distinction from Section 10(a))
- Second or subsequent offense: Imprisonment up to 2 years or fine up to $1,000, or both
- Section 10(h)(2), leaving a firearm or ammunition unattended intending to transfer it to an unlicensed person for the purpose of committing or concealing a crime: House of correction up to 2.5 years or state prison up to 5 years
Chapter 135 Changes
Chapter 135 of the Acts of 2024[3], Section 118, updated terminology from "firearm, rifle, shotgun" to "firearm" in the lines it names, so subsection (h)(1) now reads "a firearm or ammunition", reflecting the expanded definition in Section 121.
Felony Possession
The felony-possession offense commonly confused with Section 10(h) is actually MGL Chapter 265, Section 18B, which imposes an additional sentence for possessing a firearm during commission of a felony. First offense with a firearm: 5-year mandatory minimum (in addition to the felony sentence). With a large capacity firearm or machine gun: not less than 10 years. Second offense with a firearm: not less than 20 years. Second offense with a large capacity semiautomatic firearm or machine gun: not less than 25 years. Each is a mandatory minimum added to the sentence for the underlying felony.
Related Provisions
Section 10(a) establishes the base unlicensed carrying offense with mandatory minimums. Section 129C establishes the FID card requirements that define compliance. MGL Chapter 265, Section 18B governs felony possession enhancements.
Referendum Status
The Chapter 135 terminology amendments are subject to the November 2026 referendum.
See also: MGL Chapter 269, Section 10(c): Possession of a Machine Gun
Verification
8 of 8 factual claims on this page were matched to their source text as of 2026-10-07.
Show the claims
| Claim | Type | Status | Source | Checked |
|---|---|---|---|---|
| MGL Chapter 269, Section 10(h)Source text: # § 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punish | STAT | verified against source | None | 2026-10-07 |
| Chapter 140, Section 129CSource text: # § 129C Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to commissioner; exemptions; exhibiting license to carry | STAT | verified against source | None | 2026-10-07 |
| Chapter 135 of the Acts of 2024Source text: # St. 2024, c. 135: An Act Modernizing Firearm Laws ## SECTION 1. Section 172M of chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is | SESSION_LAW | verified against source | None | 2026-10-07 |
| MGL Chapter 265, Section 18BSource text: # § 18B Use of firearms while committing a felony; second or subsequent offenses; punishment Section 18B. Whoever, while in the commission of or the attempted | STAT | verified against source | None | 2026-10-07 |
| MGL Chapter 269, Section 10(c)Source text: ## (c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without | STAT | verified against source | None | 2026-10-07 |
| MGL Chapter 269, Section 10(a)Source text: # § 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punish | STAT | verified against source | None | 2026-10-07 |
| MGL Chapter 269, Section 10(k)Source text: # § 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punish | STAT | verified against source | None | 2026-10-07 |
| MGL Chapter 269, Section 10(j)Source text: ## (j) For the purposes of this paragraph, "firearm'' shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be disch | STAT | verified against source | None | 2026-10-07 |
Sources
[1] Massachusetts Legislature. MGL Chapter 269, Section 10
Chapter 269, Section 10
[2] Massachusetts Legislature. MGL Chapter 140, Section 129C
Chapter 140, Section 129C
Related
- MGL Chapter 269, Section 10(j): Carrying a Firearm in a School Zone
- MGL Chapter 269, Section 10G: Armed Career Criminal Enhanced Penalties
- MGL Chapter 269, Section 10(c): Possession of a Machine Gun
- MGL Chapter 269, Section 10(d): Enhanced Penalties for Repeat Offenses
- MGL Chapter 269, Section 11C: Untraceable Firearm Prohibition
- Boston Assault Weapons Act: Registration and License