Massachusetts permits LTC holders to carry loaded handguns in vehicles, subject to specific conditions under MGL c. 140, Section 131C[1]. The statute does not mention passengers. An unlicensed passenger can be charged under MGL c. 269, Section 10(a)[2] on a theory of constructive possession.
MGL c. 140, Section 131C: The Vehicle Carry Statute
Section 131C[1], as amended by Chapter 135 of the Acts of 2024[4], governs firearms in vehicles.
Subsection (a) (loaded handguns): No person carrying a loaded firearm under a license issued pursuant to Section 129B, 131, or 131F, or through an exemption under Section 129C, shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person. Penalty: $500 fine. Chapter 135 expanded this to include FID card holders and exempted persons, not just LTC holders.
Subsection (b) (large capacity rifles and shotguns): These must be unloaded and secured in a locked container as defined in Section 121. Penalty: fine of $500 to $5,000.
Subsection (d): The licensing authority must immediately revoke the firearm identification card or license of a person convicted of a violation, and no new card or license may be issued until 1 year after the date of revocation.
In Commonwealth v. Reyes (2013)[9], where the driver carried his firearm in a holster, the SJC found no evidence that the firearm was out of his control while he traveled in the vehicle. Section 131C does not define direct control. Section 131C(a) does not require a locked container for a loaded firearm under the licensee's direct control. Section 131C(b) separately requires a large capacity firearm in a vehicle to be unloaded and secured in a locked container as defined in Section 121. Large capacity rifles and shotguns face a stricter standard, because they must be unloaded and secured in a locked container whenever they are in a vehicle.
Non-LTC Passengers: Constructive Possession
Section 131C does not mention passengers. Section 131C addresses only the licensed person's obligations.
A non-LTC passenger can be charged with constructive possession of a firearm in the vehicle under Section 10(a)[2]. The Commonwealth must prove three elements: (1) knowledge of the firearm's presence, (2) ability to exercise dominion and control over the firearm, and (3) intent to exercise control[5].
Commonwealth v. Romero (2013)[5]: A defendant driving his own car was found not in constructive possession of a passenger's gun. The SJC held that "presence alone cannot show the requisite knowledge, power, or intention to exercise control" and that presence must be "augmented by additional inculpatory evidence."
Commonwealth v. Boone (1969)[6]: Insufficient proof of knowledge where the defendant was a passenger in a car with a gun under the driver's seat.
Commonwealth v. Almeida (1980)[7]: Insufficient proof of knowledge where a gun was inside a covered console of a borrowed vehicle.
Commonwealth v. Summers (2018)[8]: Constructive possession was established where the defendant was the sole backseat occupant and a backpack holding a handgun sat on the floor two to three feet away, within his reach. The court also relied on the excuse he gave to leave the stop, his flight and his statements after arrest. Three judges dissented, finding no proof that he intended to control the gun.
Concealed vs. Open Carry in a Vehicle
Section 131C does not distinguish between concealed and open carry inside a vehicle. Section 131C requires only that a loaded firearm be "under the direct control" of the licensed person. That condition is the same whether the firearm is concealed (in a holster under clothing) or visible (in a hip holster). Section 131 entitles an LTC holder to "possess and carry firearms" and does not separate concealed from open carry.
Vehicle Storage Requirements
| Situation | Requirement |
|---|---|
| Loaded handgun, LTC holder present | Must be under the LTC holder's "direct control" (the statute does not define the term) |
| Handgun, not under direct control | While it is carried in the vehicle, it cannot be loaded under Section 131C(a). Section 131C(a) does not apply once the person leaves the vehicle with the firearm in it. Section 131L's storage rule applies separately, and Section 10(k)(4) of Chapter 269 refers to both sections for the vehicle-storage defense |
| Non-large-capacity rifle or shotgun | Section 131C(b) does not impose its large-capacity locked-container rule. Any loaded vehicle carriage remains subject to Section 131C(a), including its license and direct-control conditions. |
| Large capacity rifle or shotgun | Must be unloaded AND in a locked container (Section 131C(b)) |
Chapter 135[4] added to MGL c. 140, Section 121 a definition of "secured in a locked container" as secured in a container that is capable of being unlocked only by means of a key, combination or similar means, "including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox." Before that definition, in Commonwealth v. Reyes (2013)[9], the SJC said a locked glove compartment might be adequate under the storage statute depending on the particular factual circumstances.
Rideshare Drivers
Section 131C does not mention rideshare driving. A person who carries a loaded firearm under a license or exemption while driving for a rideshare service must keep it under the person's direct control while it is carried in the vehicle, as Section 131C(a) requires of anyone carrying a loaded firearm in a vehicle.
Taxi Drivers and Commercial Vehicle Operators
Section 131C does not mention taxi drivers or commercial vehicle operators. The same rules under Section 131C apply. MGL c. 269, Section 10H makes it a crime for a person with a license to carry to carry a loaded firearm, on the person or under their control in a vehicle, while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances, from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors, or with a blood alcohol level of 0.08 percent or higher. In Commonwealth v. Jackson (October 16, 2026), the Appeals Court held that the Commonwealth must also prove the person knew the firearm was loaded.
Federal FOPA Safe Passage
The federal interstate-transportation safe harbor at 18 USC Section 926A[3], commonly associated with the Firearm Owners' Protection Act, entitles a person who is not otherwise prohibited by federal firearms law from transporting, shipping, or receiving a firearm to transport a firearm for any lawful purpose from any place where the person may lawfully possess and carry it to any other place where the person may lawfully possess and carry it. During the transportation the firearm must be unloaded, and neither the firearm nor any ammunition being transported may be readily accessible or directly accessible from the passenger compartment of the vehicle. In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be contained in a locked container other than the glove compartment or console.
Travelers should exercise caution. Section 926A applies notwithstanding any state law, so a firearm that Massachusetts bans can fall within it on a trip through Massachusetts when the traveler may lawfully possess and carry it at the origin and the destination and the other conditions are met. It does not protect a trip that ends where the traveler may not lawfully possess the firearm, and it speaks of a firearm, not accessories such as feeding devices. A stop during which the firearm or ammunition is readily accessible takes a traveler outside Section 926A. In Revell v. Port Authority of New York and New Jersey (2010)[10], the Third Circuit held that Section 926A did not apply because the traveler's firearm and ammunition were readily accessible to him during an overnight hotel stay.
Chapter 135 Changes Affecting Vehicle Carry
Chapter 135[4] made several targeted changes to vehicle carry law:
- Section 131C(a) was expanded to cover FID card holders and exempt persons, not just LTC holders
- Section 131C(b) was updated to reference the new statutory definition of "secured in a locked container" in Section 121
- The new definition in Section 121 includes, in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox
- Section 10(k) covers specified government, judicial, correctional, and voting locations. Schools are separately governed by Section 10(j), which also covers transport used for students of a school, college or university. Each provision has its own exceptions. Only Section 10(k) provides a defense for a firearm securely stored in a vehicle in accordance with Sections 131C and 131L.
- Under Chapter 90B, Section 26(g), a person who carries a firearm in or on a snow vehicle or recreation vehicle must hold the required license or card and carry the firearm in compliance with Section 131C
Sources
[5] Supreme Judicial Court. Commonwealth v. Romero, 464 Mass. 648 (2013)
[6] Supreme Judicial Court. Commonwealth v. Boone, 356 Mass. 85 (1969)
[7] Supreme Judicial Court. Commonwealth v. Almeida, 381 Mass. 420 (1980)
[8] Appeals Court. Commonwealth v. Summers, 93 Mass. App. Ct. 260 (2018)
[9] Supreme Judicial Court. Commonwealth v. Reyes, 464 Mass. 245 (2013)
[10] Third Circuit. Revell v. Port Authority of New York and New Jersey, 598 F.3d 128 (2010)
Related
- Massachusetts Concealed Carry Reciprocity Guide
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- Massachusetts Firearms Registration Deadline: What to Do Before October 28, 2026
- Self-Defense Law in Massachusetts: Duty to Retreat and Castle Doctrine
- Home Defense by Unlicensed Residents in Massachusetts
- Marijuana and Firearms in Massachusetts: The Federal-State Conflict