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
• No prior felony conviction: If the court finds that the defendant has not been previously convicted of a felony, the penalty may be a fine of not more than $50 or imprisonment for not more than 2.5 years in a jail or 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 is found in Section 10(n), not in Section 10(b). Section 10(n) provides an additional sentence of imprisonment in the house of correction for not more than 2.5 years, which begins after the sentence for the underlying violation, for anyone who violates Section 10(a) (unlicensed possession) or Section 10(c) (possession of a machine gun, sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator or trigger modifier) by means of a loaded firearm. Chapter 135, Section 126, struck the words "loaded sawed off shotgun or loaded machine gun" from Section 10(n), and Chapter 135, Section 127, provides that "firearm" in Section 10 has the meaning defined in section 121 of chapter 140. 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 offense of knowingly possessing a firearm, or having it under control in a vehicle, without a license or other statutory exemption. Section 10(n) provides the loaded firearm enhancement. Section 10(d) covers enhanced penalties for repeat offenses under this and other subsections.