MA Prohibited Carry Areas Under Chapter 135 (2024)

Chapter 135 of the Acts of 2024^[1] added subsection (k) to MGL Chapter 269, Section 10^[2], establishing a list of locations where carrying a firearm is prohibited even for licensed holders. This provision was enacted in the wake of the Supreme Court's Bruen decision, which prompted states to codify location-based restrictions that had previously existed through regulation or practice.

Prohibited Areas

Section 10(k)(2) defines a "prohibited area" narrowly. There are two categories:

Government administrative, judicial, or correctional locations: a place owned, leased, or under the control of state, county, or municipal government and used for government administration, judicial or court administrative proceedings, or correctional services, including the buildings, grounds, and parking areas. State-owned public hunting land is excluded, and a municipality may vote to exclude its own administrative buildings.
Election locations: a location in use for the storage or tabulation of ballots during the hours voting or tabulation is occurring, or a polling place or early voting site while open for voting, or any location within 150 feet of the entrance door to such a building.

Section 10(k) does not list places of worship, hospitals or other healthcare facilities, police stations, juvenile detention facilities, or licensed child care facilities. Schools are addressed separately under Section 10(j), not Section 10(k).

Penalties

Section 10(k)(1) establishes a single penalty. Whoever possesses a firearm, loaded or unloaded, in a prohibited area, and knows or reasonably should know that the location is a prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2.5 years, or both.

The offense requires that the person knew or reasonably should have known the location was a prohibited area. Section 10(k) does not impose a tiered or heightened penalty for repeat violations.

Defense and Exemptions

Section 10(k)(4) provides a defense: it is a defense to a violation that a person holding the necessary license or card under sections 129B, 131, or 131F of chapter 140 securely stored the firearm in a vehicle while within the prohibited area, in accordance with sections 131C and 131L of chapter 140.

Section 10(k)(5) exempts certified law enforcement officers, qualified retired law enforcement officers under the federal Law Enforcement Officers Safety Act (18 U.S.C. 926B and 926C), and security guards employed at the prohibited location during their work hours.

Interaction with Section 10(j) School Zones

Schools were already designated as restricted areas under Section 10(j), which prohibits carrying a firearm in any building or on the grounds of elementary and secondary schools, colleges, and universities. Section 10(k) reinforces this by including schools in the broader prohibited areas list. The penalty structure under 10(j) remains separate and may be more severe for school zone violations. Note: The broader 1,000-foot school zone restriction is a feature of the federal Gun-Free School Zones Act (18 U.S.C. s.922(q)), not state law.

Signage and Notice

The statute does not require specific signage at prohibited locations. Licensees are expected to know the law. The absence of a "no firearms" sign at a government building does not constitute a defense to a charge under section 10(k).

MGL Chapter 269, Section 10(k):
Prohibited Areas Under Chapter 135