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

MGL Chapter 269, Section 10^[1] is the primary criminal statute governing the unlawful carrying of firearms in Massachusetts. Subsection (a) establishes the base offense and penalty for carrying a firearm without a license. It is one of the most consequential firearms statutes in the Commonwealth and imposes some of the most severe penalties in the nation.

The Base Offense

Any person who carries on their person, or carries under their control in a vehicle, any firearm (loaded or unloaded) without being licensed under Section 131^[2] of Chapter 140 shall be punished by imprisonment in the state prison for not less than 2.5 years nor more than 5 years. This sentence is mandatory. It shall not be reduced to less than 18 months, nor shall the person be eligible for probation, parole, or furlough until 18 months of the sentence have been served.

Mandatory Minimum Details

The 18-month mandatory minimum is absolute for first offenses. Courts have no discretion to impose a lesser sentence. Subsequent offenses carry enhanced mandatory minimums. The mandatory minimum provisions have been consistently upheld against constitutional challenges in Massachusetts appellate courts.

How Section 10 Subsections Relate

Section 10 contains multiple subsections that address distinct firearms offenses. Subsection (a) is the base carrying offense. Subsection (b) criminalizes carrying dangerous non-firearm weapons (dirk knives, metallic knuckles, slung shots, etc.). Subsection (c) covers possession of a machine gun, sawed-off shotgun, bump stock, or rapid-fire trigger activator. Subsection (d) provides enhanced penalties for a subsequent offense after a prior conviction under subsection (a), (b), or (c). Subsection (h) covers FID non-compliance -- unlawful possession of a firearm or ammunition in violation of Chapter 140, Section 129C. Subsection (j) prohibits carrying firearms in school buildings and on school grounds. Subsection (k), added by Chapter 135 of the Acts of 2024^[3], establishes new prohibited areas. Subsection (n) provides a loaded firearm enhancement for violations of subsections (a) or (c).

Exceptions

The statute provides exceptions for law enforcement officers, active duty military personnel, and persons licensed under Sections 129C^[5] and 131 of Chapter 140. The exception applies only when the person is carrying in accordance with the terms and conditions of their license.

Untraceable Firearm and Covert Firearm Penalties

Chapter 135 added additional penalties for the possession, sale, or manufacture of untraceable firearms (commonly known as ghost guns) and covert firearms (firearms disguised as everyday objects). These offenses carry their own penalty structures under newly added provisions in Chapters 140 and 269.