MGL Chapter 269, Section 10G:
Armed Career Criminal Enhanced Penalties

Section 10G of MGL Chapter 269^[1] is the Massachusetts Armed Career Criminal (ACC) statute. It imposes dramatically enhanced mandatory minimum sentences on persons who violate Section 10(a), (c), or (h) and have prior convictions for violent crimes or serious drug offenses.

Three-Tiered Penalties

• Level 1 (one prior qualifying conviction): State prison for 3 to 15 years
• Level 2 (two prior qualifying convictions from separate incidents): 10 to 15 years
• Level 3 (three or more from separate incidents): 15 to 20 years

Sentences cannot be reduced below the minimum or suspended. No probation, parole, furlough, work release, or good conduct deductions until the minimum term has been served. Prosecutions cannot be continued without a finding or placed on file.

Definitions

• "Violent crime": A crime punishable by more than one year that also has a force-or-deadly-weapon element, is burglary, extortion, arson, or kidnapping, involves explosives, or otherwise presents a serious risk of physical injury. A felony is not automatically a violent crime merely because its maximum exceeds one year.
• "Serious drug offense": Includes federal controlled substance offenses with 10-year or greater maximums and Chapter 94C offenses involving manufacture or distribution with 10-year or greater maximums

Chapter 135 Impact

Section 10G was not directly amended by Chapter 135 of the Acts of 2024^[2], but is significantly affected. The expanded "firearm" definition means Section 10(a) violations now cover a much broader range of weapons, and the expanded Section 10(c) (now covering bump stocks and trigger modifiers) creates new trigger offenses for Section 10G enhancements.

Large Capacity Feeding Device Penalties

The large capacity feeding device penalties commonly associated with this section number are actually found in Section 10(m)^[3]. Section 10(m) penalties include state prison for not less than 2.5 years nor more than 10 years (a 2.5-year mandatory minimum that may not be suspended). A valid FID cardholder charged under Section 10(m) is not subject to the 2.5-year mandatory minimum, but the sentence imposed may not be reduced below one year or suspended. Chapter 135 updated terminology from "large capacity weapon" to "large capacity firearm."

Related Provisions

Section 10(a) establishes the base unlicensed carrying offense. Section 10(c) covers machine gun and sawed-off shotgun possession. Section 10(h) covers possession without FID compliance. MGL Chapter 265, Section 18B imposes a separate 10-year mandatory minimum for machine gun possession during a felony.

See also: MGL Chapter 269, Section 10(d): Enhanced Penalties for Repeat Offenses