Constitutional Carry in Massachusetts: What the Law Allows

Constitutional Carry in Massachusetts

How Massachusetts Frames the Question

Massachusetts answers the permitless-carry question through a criminal prohibition rather than a grant. MGL c. 269, s. 10(a) reaches knowing possession and knowing in-vehicle control of a firearm, then enumerates the alternatives that take a person outside the offense. Each alternative is presence at a named place, a credential issued under chapter 140, or compliance with a named exemption section. Read against MGL c. 140, ss. 121F, 129B, 129C, 131 and 131F, the answer follows: carrying in the commonwealth runs on a license to carry, and carrying outside the enumerated authorities is the s. 10(a) offense with its mandatory floor.

The Offense: MGL c. 269, s. 10(a)

Section 10(a) opens on "[w]hoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:"

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or

(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B

Clause (1) stands on its own. The list is disjunctive, so a person present in or on his residence or place of business is outside the reach of the s. 10(a) carrying charge without holding anything. The routes that do not run through a license to carry are that presence, compliance with section 129C, and the air rifle or BB gun route under section 12B. Clause (4) carries a dangling cross-reference: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," leaving section 129C as the surviving half of that route.

Section 10(a) then sets a second, parallel enumeration keyed to "a rifle or shotgun, loaded or unloaded," and that list is not identical:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or

(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of not semiautomatic rifles and shotguns; or

(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B

The divergence sits at clause (4). On the firearm branch it is compliance with sections 129C and 131G. On the rifle and shotgun branch it is a firearms identification card in effect under section 129B, and section 129C reappears at clause (5) tied to ownership or possession of rifles and shotguns that are not semiautomatic. An FID is named on the long-gun branch, not the firearm branch.

The residence and place of business route is a carrying defense, not a licensing exemption, and the subsection says so directly: "The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business." Section 10(a) also states the license defense directly: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."

Grading and the Mandatory Floor

The penalty clause closing s. 10(a) reads:

shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence

The only relief the subsection states from that floor is a narrow custodial temporary release, granted by the commissioner of correction, to attend a relative's funeral, visit a critically ill relative, or obtain emergency medical or psychiatric service unavailable at the institution. The subsection adds that "Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file," and that the probation authority of MGL c. 276, s. 87 does not apply to a person 18 years of age or older charged under it.

Related gradings sit in the same section. Under s. 10(n), violating paragraph (a) or (c) by means of a loaded firearm draws a further term of not more than 2 1/2 years in the house of correction, from and after the underlying sentence. Under s. 10(m), knowing possession or in-vehicle control of a large capacity firearm or feeding device by a person not exempted by statute, without a valid license under section 131 or 131F, and "except as permitted or otherwise provided under this section or chapter 140," draws state prison for not less than two and one-half years nor more than ten years, with a one year floor on reduction; an FID is not a defense, though a charged holder is not subject to that mandatory minimum. Under s. 10(h)(1), owning, possessing or transferring a firearm or ammunition without complying with section 129C draws not more than 2 years in a jail or house of correction or a fine of not more than $500, and a second or subsequent violation not more than 2 years in a house of correction or a fine of not more than $1,000, or both.

"Firearm" Includes Rifles and Shotguns

Section 10(a) borrows its definition from MGL c. 140, s. 121, which defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," together with the frame or receiver, and excluding antique and permanently inoperable firearms. The term is not confined to handguns, so the firearm branch of s. 10(a) reaches long guns too.

The Licenses Section 10(a) Points To

License to carry, MGL c. 140, s. 131. St. 2024, c. 135, SECTION 49 struck out section 131 and inserted a replacement, which runs only from (a) through (h). Eligibility, denial, suitability, appeals, fees and renewal now live in section 121F, inserted by SECTION 32 of the same act. Chapter 135 was approved July 25, 2024.

Section 131(a) provides that a license "shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," while withholding large capacity feeding devices and assault-style firearms unless permitted under section 131M. Machine guns are named in the section 121 definition of "Firearm" quoted above, but they sit outside what an ordinary license reaches: section 131(f) provides that "No person shall be issued a license to carry a machine gun in the commonwealth," subject to narrow exceptions for a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel, and for a bona fide collector as defined in section 121. Under s. 131(e) a license is valid, unless revoked or suspended, for not more than 6 years from the date of issue, expiring on the anniversary of the licensee's date of birth occurring not less than 5 nor more than 6 years from the date of issue.

Section 131(d) does more than set a residency route. It opens the application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town." The law enforcement route and the exclusive federal jurisdiction route do not depend on residing in the licensing authority's jurisdiction. The licensing authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F," and an initial application requires a personal interview. Section 131(b) adds an independent condition: no license issues unless the applicant submits a basic firearms safety certificate meeting the requirements of section 131P.

Disqualification, MGL c. 140, s. 121F. Section 121F(j) requires denial to a prohibited person, a category built on disqualifying convictions and adjudications, specified mental health and substance use commitments, listed protective and extreme risk orders, an outstanding arrest warrant, absence of citizenship or nationality without lawful permanent residency, and dishonorable discharge. St. 2024, c. 135, SECTION 32, the act that inserted section 121F, ends that enumeration with "(vii) is a fugitive from justice." The codified text of s. 121F(j) stops at clause (vi). Section 121F(k) requires denial to a person the authority determines to be unsuitable, on "reliable, articulable and credible information" that the applicant's behavior suggests they "may create a risk to public safety or a risk of danger to themselves or others."

Firearm identification card, MGL c. 140, s. 129B. Under s. 129B(a), "[a]ny lawful resident 18 years of age or older residing within the jurisdiction of the licensing authority or residing in an area of exclusive federal jurisdiction located within a city or town" may apply. The authority "shall issue pursuant to section 121F if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a card as set forth in said section," which is the same pair of conditions section 131(d) states for the license to carry. A person aged 15 or older but under 18 may be issued a card only on meeting section 121F and submitting a parent's or guardian's certificate of permission; a person 14 years of age may apply but is not issued the card until reaching 15. Section 129B(b) requires a certificate meeting section 131P, and s. 129B(c) caps the entitlement at rifles and shotguns that are not large capacity or semi-automatic, and their ammunition.

Nonresident temporary license, MGL c. 140, s. 131F. A temporary license to carry firearms or feeding devices or ammunition within the commonwealth "shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority," on the same section 121F test. It runs for one year in the ordinary case, subject to renewal by the colonel where renewal is necessary, and carries a $100 fee. One year is not a ceiling. A license issued to a non-resident employed by a bank, a public utility corporation, a firm in the business of transferring monies or a business of similar nature, or a firm licensed as a private detective under chapter 147, whose application is endorsed by the employer, and a license issued to a member of the armed services stationed within the commonwealth who has the written consent of a commanding officer, "may be issued for any term not to exceed two years." A separate track for a non-resident employee of a federally licensed Massachusetts machine gun manufacturer likewise "may be issued for any term not to exceed two years."

Possession Without a License Under MGL c. 140, s. 129C

Section 129C is the exemption section that s. 10(a) clause (4) incorporates. Subsection (a) permits possession of a firearm or ammunition "for a particular purpose and limited time without being duly issued a license, permit or card under sections 129B, 131, 131A or 131F" by a person voluntarily surrendering to the colonel under section 131O; by a resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any new resident moving to the commonwealth, limited to what was held before the move or return and only for 60 days; and by an heir or devisee for not more than 60 days after transfer, who may also transfer to a duly licensed person under section 128A.

Section 129C(b) covers possession under the direct supervision of a license or card holder, "and only for a particular purpose and limited time," by a retail customer for the purpose of firing at duly licensed target concessions at amusement parks, piers and similar locations; by a professional photographer or writer for examination purposes while in the pursuit of their profession or during the course of a television, movie, stage or other similar theatrical production; and by a person in the presence of a holder of the necessary license or card for the purpose of examination, trial or instruction. Section 129C(f) exempts a person in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction, as to non-large capacity firearms and ammunition, "while in the performance of their official duty or when duly authorized to possess them by their employing agency." Section 129C(g) permits furnishing a minor or person under 21 with a firearm and ammunition for hunting, instruction, recreation and shooting sports where the person furnishing holds the appropriate license, permit or card or is a commissioned, noncommissioned or enlisted member of the listed services in performance of duty.

Nonresidents Under Section 129C

Section 129C(i) permits a nonresident at least 18 years of age to possess rifles and shotguns that are not large capacity or semi-automatic, and ammunition, where the nonresident holds a permit, card or license from their state of residence with requirements substantially similar to those of the commonwealth for a firearm identification card, as determined by the colonel under s. 129C(l).

Section 129C(j) permits a nonresident at least 18 years of age to possess the same class of long guns to hunt in season with a nonresident hunting license or a substantially similar license from the state of residence, while on a firing or shooting range, while traveling in or through the commonwealth with the firearms unloaded and in a locked container under sections 131C and 131L, or at a showing organized by a regularly existing gun collectors' club or association.

Section 129C(k) states the in-vehicle carry allowance: "A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C." That route states no out-of-state license precondition.

Age Floors

The Expired-License Carve-Out

Section 121F(t) switches off the carrying offense in a narrow case. A person holding a section 131 license or a section 129B card that is invalid for the sole reason that it expired, "not including licenses and cards that remain valid under subsection (s)," and who is not otherwise disqualified from renewal upon application, "shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." It does not reach a credential revoked or suspended, subject to a pending revocation or suspension, or denied on renewal, except where the revocation or suspension was for failure to give notice of a change of address. It does not apply to section 131F temporary licenses.

Bottom Line

Public carry in Massachusetts runs on the license to carry under MGL c. 140, s. 131 or the temporary license under s. 131F, with the FID under s. 129B covering rifles and shotguns that are not large capacity or semi-automatic. Outside those credentials, s. 10(a) leaves presence in or on a residence or place of business, the section 129C exemptions including the nonresident in-vehicle route at s. 129C(k), and the section 12B air rifle and BB gun route. Carrying outside those authorities is the s. 10(a) offense. This section states what the statutes provide and is not legal advice.