Yes, drinking while carrying a firearm can result in criminal charges in Massachusetts. Under MGL c. 269, § 10H, carrying a loaded firearm while intoxicated is a misdemeanor offense punishable by up to two and a half years in jail and a $5,000 fine.
This law applies even if you hold a valid License to Carry (LTC), and a charge can also trigger the suspension of your firearms license — with a strict 90-day deadline to appeal.
It's a Criminal Charge, Not Just a Rule
Many gun owners assume that having a valid LTC means they can carry their firearm wherever they go, however they see fit. That’s not the case. Massachusetts treats carrying a loaded firearm while under the influence as a standalone criminal offense. You don’t need to commit any other crime. You don’t need to be driving. If you’re carrying a loaded firearm on your person or have one under your control in a vehicle while intoxicated, you can be arrested and charged.
The Elements of the Offense
To convict someone under § 10H, the Commonwealth must prove three things beyond a reasonable doubt.
- First, the person had a valid license to carry firearms.
- Second, the person carried a loaded firearm on their person or had a loaded firearm under their control in a vehicle.
- Third, the person was under the influence of alcohol, marijuana, narcotic drugs, depressants, or stimulant substances — or had a blood alcohol concentration (BAC) of .08% or greater.
That third element is worth paying close attention to.
The .08 BAC Threshold — The Same Number as OUI
The statute uses the same .08% BAC per se limit that Massachusetts applies to Operating Under the Influence (OUI) charges. If your BAC is .08% or higher, the Commonwealth can use that number alone to establish that you were intoxicated while carrying.
Even below .08%, you’re not necessarily safe. The prosecution can still argue that your consumption of alcohol diminished your ability to safely carry a firearm — the same way an OUI case can proceed without a breath test. Courts have noted that factors like mental clarity, self-control, and reflexes are all fair game for a jury to consider when deciding whether someone was too impaired to carry.
The bottom line: the practical standard for intoxication closely mirrors what you’d face in an OUI case.
This Applies to Licensed Carriers
This is the part that surprises people. Section 10H specifically targets people who hold a valid LTC. The whole point of the statute is to ensure that even those who are lawfully permitted to carry firearms do so responsibly. Having a license to carry does not give you a license to carry while impaired.
Your LTC Could Be Suspended
Beyond the criminal penalties, a charge under § 10H can lead to the suspension of your License to Carry. In Massachusetts, licensing authorities routinely suspend an LTC when the holder faces criminal charges — often before the case is even resolved.
This is where many people make a costly mistake. They assume they should wait until their criminal case is over before dealing with the license suspension. That thinking can permanently cost you your firearms license.
The 90-Day Appeal Deadline
Under Massachusetts law, you have only 90 days from the date you receive notice of the suspension to file a petition for judicial review in district court. That deadline does not pause because you have a pending criminal case. If you miss the 90-day window, you lose the right to appeal your suspension — even if you’re later found not guilty of the criminal charge.
This means you need to take action on two fronts at the same time: defending the criminal case and appealing the license suspension. It’s a delicate process because anything said during the license appeal hearing could potentially be used in the criminal case, which is why having an experienced Massachusetts firearms attorney matters.
What You Should Do
If you’ve been charged with carrying a firearm while intoxicated, or if your LTC has been suspended as a result of criminal charges, don’t wait. The criminal case and the license suspension are two separate battles, and both have their own deadlines and strategies.
Attorney Matthew Peterson and the team at the Law Office of Matthew W. Peterson represent gun owners across Eastern Massachusetts in firearms defense and LTC appeals. Call or text 617-391-0060 to set up a consultation.
Although I am an attorney, I am not your attorney. Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
