If you’re facing gun charges in Massachusetts, one question can shape your entire case: where your gun is found? The difference between having an unlicensed gun in your home versus carrying one outside could mean the difference between probation and mandatory prison time.
Possession in Your Home or Business: A Misdemeanor
Under Massachusetts law, possessing a firearm without proper licensing in your home or place of business is charged under Chapter 269, Section 10(h). This offense is a misdemeanor. The maximum penalty is up to two years in the House of Corrections and a $500 fine. For a second offense, the fine increases to $1,000.
The key distinction here is that there is no mandatory minimum sentence. A judge has discretion in sentencing. This means alternatives like probation, suspended sentences, or even dismissal of charges remain possible depending on the circumstances of your case.
A conviction under Section 10(h) is a misdemeanor. While any criminal conviction is serious, this classification carries different long-term consequences than a felony conviction.
Possession Outside Your Home or Business: A Felony with Mandatory Jail Time
The stakes change dramatically when an unlicensed firearm is found anywhere outside your home or business. This includes your car, on your person while walking down the street, or anywhere else in public.
This offense falls under Chapter 269, Section 10(a). If convicted, you face a mandatory minimum sentence of 18 months in jail. This sentence cannot be suspended. You cannot be placed on probation instead. You must serve the full 18 months day-for-day before becoming eligible for release.
Beyond the mandatory minimum, this charge can be prosecuted as either a felony or a misdemeanor, with a maximum sentence of two and a half years in the House of Corrections or state prison time for more serious cases.
If the firearm is loaded, you face an additional mandatory two and a half years on top of the initial 18-month sentence. While this additional time can potentially be suspended for probation, the underlying 18-month minimum cannot.
Why the Distinction Matters
These two charges represent fundamentally different paths through the criminal justice system. With a Section 10(h) home possession charge, your defense attorney has room to negotiate. The prosecutor might agree to a continuance without a finding, probation, or other dispositions that could keep you out of jail entirely.
With a Section 10(a) charge for possession outside your home, the prosecutor’s hands are tied by the mandatory minimum unless they agree to amend the charge down to a Section 10(h). This requires convincing the prosecution that the circumstances warrant the reduction, or successfully arguing at trial that the firearm was actually in your residence or place of business.
Factors That Increase Penalties
Several circumstances can make gun charges even more serious regardless of location. If the firearm is a large capacity weapon, meaning it holds more than ten rounds of ammunition, penalties escalate significantly. Prior convictions for violent crimes or drug offenses can trigger armed career criminal charges with much longer mandatory sentences. Possession during the commission of another felony adds a mandatory five-year prison sentence.
What Should You Do?
If you’re thinking about possessing a firearm in Massachusetts, the best path forward is obtaining proper licensing. Apply through your local police department for a License to Carry. If you’ve recently moved to Massachusetts from another state, understand that your out-of-state license does not transfer. You need a Massachusetts license.
If you’ve been wrongfully denied a license, an attorney can help you appeal that decision. The licensing process has changed significantly in recent years, and police departments no longer have unlimited discretion to deny applications.
If you’re already facing gun charges, the location where the firearm was found will be central to your defense strategy. An experienced Boston criminal defense attorney can evaluate whether the evidence supports where prosecutors claim the gun was located, whether any constitutional violations occurred during the search, and what options exist for resolving your case.
Contact the Law Office of Matthew W. Peterson at 617-295-7500 to set up a strategy session today. We represent clients throughout Eastern Massachusetts facing firearms charges.
