MGL Chapter 269, Section 10(b):
Carrying Dangerous Weapons

Section 10(b) of MGL Chapter 269^[1] criminalizes carrying specified dangerous weapons. Carrying a weapon in the enumerated list is prohibited without a separate arrest or public-disturbance condition. A different branch reaches a "billy or other dangerous weapon" not otherwise listed only when the person is arrested on a warrant or while committing a breach or disturbance of the public peace. In Commonwealth v. Canjura, 494 Mass. 508 (2024), the Supreme Judicial Court held the switch-knife prohibition unconstitutional. The decision did not invalidate the remaining list.

Penalties

• Standard penalty: State prison for 2.5 to 5 years, or jail/house of correction for 6 months to 2.5 years
• First-time felony exception: If the court finds no prior felony conviction, the penalty may be reduced to a fine up to $50 or imprisonment up to 2.5 years in house of correction

Chapter 135 Impact

Section 10(b) was not directly amended by Chapter 135 of the Acts of 2024^[2].

Loaded Firearm Enhancement

The loaded firearm enhancement that is commonly associated with this subsection is actually found in Section 10(n), which provides an additional consecutive sentence of up to 2.5 years for anyone violating Section 10(a) (unlicensed carrying) or Section 10(c) (machine gun possession) with a loaded firearm. Chapter 135, Section 126, simplified the 10(n) language by removing separate references to "loaded sawed off shotgun" and "loaded machine gun" because the expanded "firearm" definition now encompasses those. Key case law: Commonwealth v. Brown, 479 Mass. 600 (2018), addressed Section 10(n) and held that the Commonwealth must prove the defendant knew the firearm was loaded. Brown does not address the knowledge requirement for dangerous weapons under Section 10(b).

Related Provisions

Section 10(a) establishes the base unlicensed carrying offense for firearms. Section 10(n) provides the loaded firearm enhancement. Section 10(d) covers enhanced penalties for repeat offenses under this and other subsections.