Understanding Massachusetts Gun Charges Under Chapter 269: A Complete Guide
Massachusetts has some of the strictest firearm laws in the country. Gun charges under G.L. c. 269 can carry mandatory minimum sentences, long periods of probation or incarceration, and—perhaps most devastating—lasting consequences for employment, housing, immigration, and professional licensing.
If you or a loved one is facing a gun charge, understanding how Chapter 269 works is essential. This guide breaks down the major firearm offenses, what the Commonwealth must prove, the penalties involved, and the defenses an experienced criminal-defense attorney may pursue.
1. Why Massachusetts Gun Laws Are So Strict
Massachusetts treats unlawful firearm possession as a public-safety offense, not a paperwork violation. Prosecutors and judges are required to impose mandatory minimum jail time for many offenses, particularly those involving unlicensed carrying, high-capacity weapons, and possession in vehicles.
The result is that even otherwise law-abiding people—visitors from out of state, new residents, or those who inherited a firearm—can suddenly find themselves facing years in state prison for what they thought was lawful possession.
2. The Most Common Gun Charges Under Chapter 269
Below are the firearm offenses most frequently charged in District and Superior Court.
Carrying a Firearm Without a License (G.L. c. 269, § 10(a))
This is the most commonly charged gun offense in Massachusetts.
To convict, the Commonwealth must prove:
You possessed a firearm,
It was operable,
It met the statutory definition (barrel under 16 inches), and
You were outside your home or place of business without a valid MA LTC.
Penalties:
Mandatory minimum 18 months in the House of Correction.
Mandatory minimum 2 years in State prison, if State prison sentence is imposed.
Up to 5 years in state prison.
No probationary alternative.
Even first-time offenders with no criminal record face incarceration (usually just the 18 month house of correction sentence).
Possession of a Firearm Without an FID Card (G.L. c. 269, § 10(h))
This applies to firearms kept in a home or vehicle without the required Firearm Identification Card.
Penalties:
Up to 2 years in the House of Correction.
No mandatory minimum.
While less severe than § 10(a), this charge still carries the risk of jail time and collateral consequences.
Improper Storage of a Firearm (G.L. c. 140, § 131L)
A firearm must be stored in a locked container and secured with a device that renders it inoperable.
Penalties vary depending on whether the gun was a large-capacity weapon and whether a minor could access it. Some improper-storage cases result in probation; others result in mandatory minimum sentences.
Possession of a Large-Capacity Firearm or Feeding Device (G.L. c. 269, § 10(m))
To convict, the Commonwealth must show:
The weapon or magazine meets the statutory definition of “large capacity,” and
You knowingly possessed it.
Penalties:
Up to 10 years in state prison.
Mandatory minimum 1 year in the House of Correction.
Whether a magazine is “large capacity” often requires technical proof and expert testimony.
Firearm in a Motor Vehicle (G.L. c. 269, § 10(a) & (d))
If a firearm is found in a car, prosecutors often charge both:
Carrying without a license, and
Possession of a firearm in a motor vehicle.
The law allows the Commonwealth to attribute joint possession to passengers depending on where the gun is located and the surrounding circumstances.
Penalties:
Up to 2 years in the House of Correction.
Vehicle gun cases often rise or fall on Fourth Amendment suppression issues—traffic stops, patfrisks, searches, and inventory procedures.
Armed Career Criminal (ACC) Enhancements (G.L. c. 269, § 10G)
If a defendant has qualifying prior convictions, the Commonwealth can seek significant sentencing enhancements:
Level 1: Mandatory minimum 3 years
Level 2: Mandatory minimum 10 years
Level 3: Mandatory minimum 15 years
Whether a prior offense “counts” as an ACC predicate is frequently litigated and highly technical.
3. What the Commonwealth Must Prove in Gun Cases
Massachusetts gun cases require the prosecution to establish:
1. Knowing Possession
The Commonwealth must show you knew the firearm was present and had the ability and intention to control it. Constructive possession—knowledge + ability to access—is often the central issue.
2. Operability
The gun must be capable of firing. If the firearm is broken or missing essential components, the Commonwealth must prove operability beyond a reasonable doubt.
3. Licensing Status
The prosecution is required to introduce certified records demonstrating:
You were not licensed;
The gun had no valid registration;
You lacked the appropriate FID or LTC at the time of the offense.
4. Location and Circumstances
Whether the gun was:
In a waistband,
Under a car seat,
Inside a bag, or
In the trunk
affects both charges and defenses.
4. Defenses to Gun Charges in Massachusetts
Every case is unique, but common defense strategies include:
Fourth Amendment Suppression
If police violated your constitutional rights—unlawful stop, improper exit order, illegal patfrisk, invalid warrant, or flawed inventory search—the gun may be suppressed. A successful motion to suppress often results in dismissal.
Lack of Knowledge or Possession
The Commonwealth must prove you knew the gun was there. This is often the key issue in:
Multi-occupant vehicles
Shared homes or apartments
Borrowed cars
Hidden weapons
Operability Challenges
If the gun cannot fire or lacks essential parts, it may not meet the statutory definition of a “firearm.”
Licensing and Reciprocity Issues
Visitors from other states often believe their home-state permit applies here. It does not. But lack of knowledge is relevant to negotiations, mitigation, and sometimes to “innocent possession” theories in rare circumstances.
Improper Storage Defenses
The Commonwealth must prove the firearm was not secured according to statute. If the gun was in a locked case, safe, or secured with a trigger lock, the charge may fail.
5. Consequences of a Firearm Conviction
A gun conviction under Chapter 269 can trigger:
Mandatory minimum jail or prison time
Immigration consequences (including removal)
Loss of your right to possess firearms
Ineligibility for certain jobs or licenses
Problems with housing and background checks
Lifetime collateral consequences in CORI records
This is why immediate representation is essential.
6. How a Criminal-Defense Attorney Can Help
Good outcomes often depend on early, aggressive investigation and litigation.
An experienced Massachusetts defense lawyer will:
Challenge the legality of the stop, search, or seizure
Examine the operability of the firearm
Review forensic and fingerprint evidence
Analyze licensing issues
Build mitigation for negotiations
Present defenses to possession and knowledge
Fight for dismissal, reduction, or acquittal
Gun cases are winnable—but only with meticulous preparation.
Conclusion: Chapter 269 Charges Are Serious—But You Have Defenses
Massachusetts gun laws are unforgiving, and a conviction can alter the course of your life. But the Commonwealth must still prove every element beyond a reasonable doubt, and many gun cases turn on constitutional violations or weak evidence of possession.
If you or someone you love has been charged under Chapter 269, do not navigate the system alone. A strong defense, informed strategy, and early intervention can make all the difference.