M.G.L. c. 269, Section 10H is the controlling provision on firearm carry while impaired in Massachusetts. The statute makes it unlawful for any person...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
M.G.L. c. 269, Section 10H is the controlling provision on firearm carry while impaired in Massachusetts. The statute makes it unlawful for any person holding a valid LTC under M.G.L. c. 140, Section 131 or Section 131F to carry a loaded firearm on the person or have one under control in a vehicle while:
The statute applies to LTC holders. An unlicensed person carrying a firearm is already in violation of M.G.L. c. 269, Section 10(a) and does not need an additional impairment offense for the carry itself; the impairment is a sentencing factor.
c. 269, Section 10H is violated on either of two grounds:
A blood alcohol content of 0.08 percent or greater while carrying a loaded firearm or having one under control in a vehicle is per se a violation, regardless of observable impairment. The 0.08 threshold mirrors the Operating Under the Influence (OUI) threshold under M.G.L. c. 90, Section 24.
A breathalyzer or blood test result above 0.08 is sufficient evidence for conviction.
The "under the influence" prong does not require a specific BAC measurement. It requires evidence that the carrier's mental or physical faculties were impaired by a controlled substance, alcohol, or toxic vapor substance to the degree that the carrier could not handle the firearm safely.
The "under the influence" prong covers:
Violation of c. 269, Section 10H is punishable by:
In addition to the criminal penalty, a c. 269, Section 10H conviction is almost always grounds for revocation of the LTC under M.G.L. c. 140, Section 131. The licensing authority will treat the conviction as evidence of unsuitability.
The c. 269, Section 10H prohibition applies only to a loaded firearm. M.G.L. c. 140, Section 121 defines a firearm as loaded when a live round is in the chamber or a loaded magazine is inserted. An unloaded firearm in a locked case, even while the carrier is impaired, does not violate c. 269, Section 10H - but it may violate the c. 140, Section 131L safe-storage rule and may give rise to other liability.
The "under the control" prong of c. 269, Section 10H reaches the loaded firearm in the center console, glove box, or other location accessible to the impaired LTC holder while in a vehicle. The vehicle context expands the offense beyond on-person carry.
Massachusetts legalized recreational marijuana under Question 4 of 2016 (codified at M.G.L. c. 94G). Legal personal use of marijuana does not change the c. 269, Section 10H prohibition. An LTC holder who consumes marijuana and then carries a loaded firearm violates c. 269, Section 10H if observable impairment is shown, even though the marijuana consumption itself was legal.
Federal law has a parallel issue: 18 U.S.C. 922(g)(3) bars firearm possession by "an unlawful user of, or addicted to, any controlled substance." ATF Form 4473 still classifies marijuana use as a federal disqualifier despite state legalization. The federal rule is independent of the state c. 269, Section 10H impairment offense.
Most prescription medications are not "controlled substances" within the c. 94C, Section 1 reference, but Schedule II-V prescription drugs (opioids, certain stimulants, certain sedatives) are. An LTC holder on a Schedule II-V prescription is not categorically barred from carry, but the c. 269, Section 10H impairment offense applies if the medication produces observable impairment.
A c. 269, Section 10H investigation typically begins with a traffic stop, a domestic incident response, or another police contact that gives officers reason to suspect impairment. The officer may:
Evidence of impairment combined with evidence of a loaded firearm on the person or under control in a vehicle establishes the offense.
A defense to c. 269, Section 10H typically argues one or more of:
Massachusetts criminal practice on c. 269, Section 10H cases mirrors OUI defense practice in many respects, with the additional firearm-specific evidence layer.
A c. 269, Section 10H prosecution may run alongside:
For LTC holders, the practical rule is straightforward:
| Statute | Subject |
|---|---|
| M.G.L. c. 269, Section 10H | Carrying loaded firearm while intoxicated (operative statute) |
| M.G.L. c. 140, Section 121 | Definition of "loaded firearm" |
| M.G.L. c. 140, Section 131 | LTC scope including revocation grounds |
| M.G.L. c. 140, Section 131F | Non-resident LTC |
| M.G.L. c. 90, Section 24 | OUI (driving under influence) - same 0.08 BAC |
| M.G.L. c. 94C, Section 1 | Controlled substances definitions |
| M.G.L. c. 270, Section 18 | Toxic vapor substances |
| M.G.L. c. 94G | Recreational marijuana statute |
| 18 U.S.C. 922(g)(3) | Federal unlawful-user prohibition |
c. 269, Section 10H makes Massachusetts one of the stricter states on impaired carry. The 0.08 BAC per se rule and the broad "under the influence" alternate, combined with the severe penalty and near-automatic LTC revocation, leave no meaningful margin for an LTC holder to consume any impairing substance while carrying.
This page covers one part of our Massachusetts concealed carry guide.
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