Section 10(b) of MGL Chapter 269[1] criminalizes carrying certain enumerated dangerous weapons other than firearms. The prohibited items include stilettos, daggers, dirk knives, double-edged blades, switch knives (blade over 1.5 inches), ballistic knives, slung shots, blowguns, blackjacks, metallic knuckles, nunchaku, shuriken (throwing stars), leather armbands with metallic spikes, cestus, and manrikigusari. The offense applies to carrying these weapons during arrest or breach of peace.
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.
Sources
[1] Massachusetts Legislature. MGL Chapter 269, Section 10
Chapter 269, Section 10
Related
- MGL Chapter 269, Section 10(h): Possession Without FID Compliance
- 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