Massachusetts has some of the most comprehensive firearms laws in the country, and the consequences of running afoul of those laws can be severe. Whether you are a lawful gun owner who made an unintentional misstep or someone facing a serious criminal charge, understanding what the law requires is the first step toward protecting yourself and your rights. At Milligan & Higgins, we work with clients throughout Massachusetts who are navigating the complexities of the state’s firearms statutes, and we believe that an informed client is always in a stronger position.
The primary statute governing firearms offenses in Massachusetts is General Laws Chapter 269, Section 10. This law covers a wide range of conduct, from carrying a firearm without a license to improperly storing a weapon in a home where a minor may have access. The penalties attached to these offenses vary depending on the nature of the violation, but in many cases they include mandatory minimum sentences that give a judge no discretion to impose a lighter punishment. That reality alone underscores why anyone charged under this statute should seek experienced legal counsel without delay.
Unlawful Possession of a Firearm
Under G.L. ch. 269, § 10(a), it is a crime to carry a firearm, loaded or unloaded, on your person or in a vehicle without a license to carry issued by a Massachusetts licensing authority. Massachusetts is a “may-issue” state, meaning that a local licensing authority has discretion in granting or denying a License to Carry (LTC). Simply owning a firearm legally in another state does not authorize you to carry it in Massachusetts, and visitors to the Commonwealth who are unfamiliar with this requirement have found themselves facing serious criminal exposure.
A first offense under Section 10(a) carries a mandatory minimum sentence of 18 months in a house of correction, with a maximum of five years in state prison. A second or subsequent offense raises the mandatory minimum to five years in state prison. These are not guidelines or suggestions — they are floors below which a sentencing judge cannot go, even in cases where the circumstances seem sympathetic or where the defendant has no prior criminal history. The Massachusetts Supreme Judicial Court has consistently upheld these mandatory minimums, and prosecutors have broad authority to charge under this section.
It is worth understanding that the definition of “firearm” under Massachusetts law is narrower than what many people assume. G.L. ch. 140, § 121 defines a firearm as a pistol, revolver, or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged, and of which the length of the barrel or barrels is less than 16 inches or overall length is less than 26 inches. Rifles and shotguns meeting certain length thresholds fall under separate provisions. Anyone who owns or carries any such weapon should confirm that their licensing status is current and valid under Massachusetts law before doing so.
Unlawful Possession of a Large Capacity Feeding Device
Massachusetts law places strict limits on large capacity weapons and the feeding devices associated with them. Under G.L. ch. 269, § 10(m), it is unlawful to possess a large capacity feeding device that was not lawfully possessed on September 13, 1994. A “large capacity feeding device” is defined under G.L. ch. 140, § 121 as a fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition for a rifle or shotgun, or more than five rounds for a pistol or revolver.
The offense under Section 10(m) carries a punishment of up to two and one-half years in a house of correction or up to five years in state prison, along with a fine of not less than $1,000. Possession of a large capacity weapon itself, meaning a semiautomatic pistol, rifle, or shotgun capable of accepting a large capacity feeding device, is separately regulated and requires a specific license to carry or a firearms identification card, depending on the circumstances.
One of the more common situations we see at Milligan & Higgins involves clients who purchased a firearm legally in another state, brought it into Massachusetts, and were unaware that the magazine accompanying that firearm violated Massachusetts law. Good intentions are not a defense under the statute. If the feeding device has a capacity exceeding the legal limit and was not lawfully possessed in Massachusetts prior to the 1994 cutoff date, possession of it alone can result in criminal charges.
Improper Storage of a Firearm
Massachusetts takes the safe storage of firearms seriously, particularly in homes where children may be present. Under G.L. ch. 140, § 131L — which is enforced and referenced in connection with Chapter 269 — it is unlawful to store or keep a firearm, rifle, shotgun, or machine gun in any place unless that weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device. The purpose of this requirement is straightforward: to prevent unauthorized access, particularly by minors.
A violation of the safe storage law is a criminal offense. If a person under the age of 18 gains access to an improperly stored firearm and either possesses it, exhibits it in a public place, or uses it to cause injury or death, the penalties become substantially more serious. In cases where a child gains access to an unsecured firearm and someone is injured or killed, a gun owner may face charges well beyond a storage violation, including involuntary manslaughter in the most tragic circumstances.
For lawful gun owners, compliance with the storage requirements is not merely a legal obligation — it is a matter of personal responsibility. Trigger locks, gun safes, and locked storage cabinets are all acceptable means of compliance, provided they effectively prevent unauthorized access. It is also worth noting that a firearm kept on one’s person or within immediate reach for self-defense purposes in the home is treated differently from a weapon left unattended, though the contours of that distinction can be nuanced and fact-specific.
Carrying a Firearm Under the Influence of Alcohol or Drugs
Carrying a firearm while under the influence of alcohol or drugs is a distinct and serious offense under Massachusetts law. G.L. ch. 269, § 10H makes it unlawful for any person to carry a firearm, rifle, or shotgun while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants, stimulant substances, or the vapors of glue. The statute applies regardless of whether the person holds a valid License to Carry. Holding a lawful LTC is not a shield against this charge — a licensed carrier who drinks and carries is just as exposed to prosecution as an unlicensed one on this particular issue.
A conviction under Section 10H is punishable by imprisonment for not more than two and one-half years in a house of correction, a fine of not more than $5,000, or both. Beyond the criminal penalties, a conviction for this offense can serve as a basis for revocation of an existing License to Carry. Massachusetts licensing authorities have broad discretion to revoke an LTC when a licensee is deemed unsuitable, and a conviction for carrying under the influence would almost certainly trigger that review.
The practical lesson here is an important one. The rights that come with a License to Carry are accompanied by significant responsibilities, and one of those responsibilities is ensuring that alcohol or controlled substances never mix with the carrying of a firearm. Even in a state where recreational marijuana is legal, that legality does not extend to being armed while under its influence.
Why These Charges Demand Serious Legal Attention
The common thread running through all of these offenses is that Massachusetts enforces its firearms laws with real consequences. The mandatory minimum provisions in Chapter 269 remove much of the flexibility that normally exists in criminal sentencing, and the collateral consequences of a conviction — including loss of the right to possess firearms, impact on employment, and potential immigration consequences for non-citizens — extend well beyond whatever sentence a court may impose.
A skilled criminal defense attorney can examine whether a stop, search, or seizure was conducted in compliance with constitutional requirements, whether the facts alleged by the prosecution actually satisfy every element of the charged offense, and whether any procedural defects exist that could affect the outcome of your case. These are not simple charges to defend, but they are charges that can and should be defended vigorously by counsel who understands the law.
Contact Milligan & Higgins
If you or someone you care about is facing a firearms charge in Massachusetts, the time to act is now. The attorneys at Milligan & Higgins are available to discuss your situation, explain your rights, and help you understand your options. This blog post is intended for general informational purposes only and does not constitute legal advice. Every case is different, and the facts of your particular situation will determine the options available to you.
Contact Milligan & Higgins today to schedule your free consultation. Call us at 781-878-1231 or reach us by email at intake@milliganhiggins.com. We are here to help.
Disclaimer: This blog post is provided for general educational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Milligan & Higgins. Laws change frequently, and you should consult a qualified Massachusetts criminal defense attorney regarding the specific facts of your case.
