Section 10(h) of MGL Chapter 269[1] criminalizes owning, possessing, or transferring a firearm or ammunition without complying with Chapter 140, Section 129C[2] (FID card requirements). This is often referred to as the "home possession" charge.
Penalties
- First offense: Imprisonment up to 2 years or fine up to $500. No mandatory minimum (a critical distinction from Section 10(a))
- Second or subsequent offense: Imprisonment up to 2 years or fine up to $1,000, or both
- Section 10(h)(2), leaving firearms unattended for unlawful transfer: House of correction up to 2.5 years or state prison up to 5 years
Practical Significance
Defense attorneys frequently negotiate Section 10(a) charges (18-month mandatory minimum) down to Section 10(h) because of its absence of a mandatory minimum. This makes Section 10(h) one of the most practically important subsections in Massachusetts firearms criminal practice.
Chapter 135 Changes
Chapter 135 of the Acts of 2024[3], Section 118, updated terminology from "firearm, rifle, shotgun" to "firearm" throughout, reflecting the expanded definition in Section 121.
Felony Possession
The felony-possession offense commonly confused with Section 10(h) is actually MGL Chapter 265, Section 18B, which imposes an additional consecutive sentence for possessing a firearm during commission of a felony. First offense with a firearm: 5-year mandatory minimum (consecutive to the felony sentence). With a large capacity firearm or machine gun: 10 years. Second offense with a firearm: 20 years. Second offense with large capacity or machine gun: 25 years. Section 18B is commonly charged alongside drug distribution offenses.
Related Provisions
Section 10(a) establishes the base unlicensed carrying offense with mandatory minimums. Section 129C establishes the FID card requirements that define compliance. MGL Chapter 265, Section 18B governs felony possession enhancements.
Referendum Status
The Chapter 135 terminology amendments are subject to the November 2026 referendum.
See also: MGL Chapter 269, Section 10(c): Possession of a Machine Gun
Sources
[1] Massachusetts Legislature. MGL Chapter 269, Section 10
Chapter 269, Section 10
[2] Massachusetts Legislature. MGL Chapter 140, Section 129C
Chapter 140, Section 129C
Related
- 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
- Boston Municipal Ordinance: Assault Weapons Registration