MGL Chapter 269, Section 10(a):
Carrying Without a License

MGL Chapter 269, Section 10^[1] contains several distinct weapon-possession and carrying offenses. The applicable subsection, authorization route, exceptions, and penalty tier must be evaluated separately.

The Base Offense

Except as the statute provides otherwise and outside the person's own residence or place of business, Section 10(a) reaches a person who knowingly possesses a loaded or unloaded firearm, rifle or shotgun or knowingly has one under their control in a vehicle without a license in effect under Section 131 or 131F or another current statutory authorization. The sentencing alternatives are 2.5 to 5 years in state prison or 18 months to 2.5 years in a jail or house of correction. A sentence imposed under the subsection generally may not be reduced below 18 months. Chapter 140 licensing requirements may still apply inside the person's residence or place of business.

Mandatory Minimum Details

For a conviction under the cited first-offense provision, the statute says the sentence may not be reduced below 18 months or suspended and restricts probation, parole, work release, and furlough. Charging, available defenses, and the statute of conviction still matter in an individual case. Subsequent offenses carry different enhanced provisions.

How Section 10 Subsections Relate

Section 10 contains multiple subsections addressing distinct offenses. Subsection (c) covers a machine gun, sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator, or trigger modifier. Subsection (d) enhances penalties after a prior conviction under subsection (a), (b), or (c). Subsection (h) covers noncompliance with Chapter 140, Section 129C. Subsection (j) generally prohibits carrying a firearm or dangerous weapon in any building or on the grounds of an elementary or secondary school, college or university, including transport used for students, but exempts specified law-enforcement officers and written authorization from the responsible board or officer. Subsection (k) establishes other prohibited areas for firearms, and subsection (n) adds a loaded-firearm enhancement for violations of subsection (a) or (c).

Exceptions

Subsection (a) itself excludes several situations. It does not reach a person present in or on their own residence or place of business, a person with a license to carry in effect under Section 131 or 131F of Chapter 140, or a person covered by another current statutory authorization. An FID under Section 129B covers qualifying non-large-capacity, nonsemiautomatic rifles and shotguns. Section 129C^[5] separately provides limited exemptions. Possession in one's own residence or place of business still requires compliance with the Chapter 140 licensing rules unless an exemption applies.