Massachusetts has some of the most comprehensive and strictly enforced firearms laws in the country, and the consequences of violating those laws are severe. This article is designed to help you understand what the law requires, what the charges you may be facing actually mean, and why experienced legal representation is so critical in firearms cases.
The Foundation: Massachusetts Requires Licensing
The foundation of Massachusetts firearms law is the licensing requirement. Under Massachusetts General Laws Chapter 140, Sections 121 through 131P, the possession, carrying, or transportation of most firearms requires a license.
There are two primary types of firearms licenses available to Massachusetts residents:
Firearm Identification Card (FID) — generally covers non-large-capacity rifles, shotguns, and certain non-large-capacity handguns under specific circumstances.
License to Carry (LTC) — covers handguns, large-capacity firearms, and the carrying of firearms in public.
Unlicensed Possession: The Mandatory Minimums
Unlicensed possession of a firearm carries a mandatory minimum sentence of eighteen months in a house of correction for a first offense, and mandatory minimums of two and a half years for subsequent offenses. These are mandatory minimums — the court is not permitted to impose a lighter sentence, regardless of mitigating circumstances.
Carrying a firearm without a license — possessing a handgun outside your home or place of business without a valid LTC — carries a mandatory minimum of eighteen months in a house of correction and potential sentences of up to five years in state prison. The act of “carrying” under Massachusetts law has been interpreted broadly and can include having a firearm accessible in a vehicle even without actively carrying it on one’s person.
Large-Capacity Weapons and Feeding Devices
Large-capacity weapons and large-capacity feeding devices have their own licensing requirements and prohibitions under Massachusetts law. A large-capacity weapon is generally defined as one that accepts a magazine or feeding device capable of accepting more than ten rounds.
Possessing, carrying, or transferring a large-capacity weapon without the appropriate LTC, or possessing a large-capacity feeding device that was not lawfully possessed before the effective date of Massachusetts’ assault weapons ban, is a separate serious offense. The interaction between Massachusetts’ assault weapons restrictions and federal law is an area of genuine legal complexity that requires current expertise.
Unlicensed Ammunition Possession
This surprises many people: possession of ammunition without a valid FID or LTC is a separately charged offense under Massachusetts General Law Chapter 269, Section 10(h).
Unlike unlicensed firearm possession (which carries an eighteen-month mandatory minimum), unlicensed ammunition possession does not carry a mandatory minimum — it is punishable by up to two years in a house of correction. That distinction matters, but it should not be taken to minimize the charge. When a person is found with both an unlicensed firearm and ammunition, the two charges are routinely brought together, and the cumulative exposure can be significant.
Even standing alone, an ammunition charge carries collateral consequences — including potential impact on future licensing eligibility. Many people assume that possession of ammunition, without a firearm, would be treated as a minor matter. In Massachusetts, it is not.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
