Possession of a Firearm or Ammunition Without an FID Card in Massachusetts: G.L. c. 269, § 10(h)

A person found with a gun in their home, or with ammunition anywhere, without a Massachusetts firearm identification card or a license to carry, is charged with possession of a firearm or ammunition without an FID card. The charge is brought under G.L. c. 269, § 10(h)(1). The complaint reads “FIREARM WITHOUT FID CARD, POSSESS c269 §10(h)” or “AMMUNITION WITHOUT FID CARD, POSSESS c269 §10(h)(1).” The police commonly add the ammunition count to a charge of carrying a firearm without a license, because the rounds inside an unlicensed gun are ammunition.

The charge is a misdemeanor. A defendant who is convicted can be punished by up to two years in a house of correction or a fine of up to $500. For a second offense, the possible penalties are up to two years, a fine of up to $1,000, or both. The statute sets no mandatory minimum sentence. A judge may continue the case without a finding.

This page explains the two situations the statute covers, what the Commonwealth must prove, and what counts as ammunition. This page also covers how the Commonwealth proves that the defendant had no FID card, the exemptions, the penalties, the defenses, and how a conviction affects firearms rights and the criminal record. Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa defends § 10(h) charges in the Boston Municipal Court and the District Courts of Greater Boston.

The Two Charges Under § 10(h)

The statute punishes two kinds of possession. The first kind of possession is possession of a firearm without an FID card or a license to carry. Carrying a firearm outside the home or business without a license is a felony under § 10(a). The firm’s page on carrying a firearm without a license covers the § 10(a) charge. Possession of a firearm in the home or business without a card or a license is a misdemeanor under § 10(h).

The typical case begins with a search of an apartment, a call to the house, or a 209A restraining order (abuse prevention order) that requires the person to surrender firearms. The police find a gun that no one in the home is licensed to possess.

The second kind of possession is possession of ammunition, anywhere, without an FID card or a license to carry. The rounds in the magazine of an unlicensed handgun, a box of cartridges in a closet, and a single bullet in a jacket pocket are each ammunition under the statute. The police usually bring a § 10(h) ammunition charge together with a § 10(a) or § 10(n) charge rather than by itself.

Since October 2, 2024, a firearm identification card allows the holder to possess only rifles and shotguns that are not large capacity and not semiautomatic, and the ammunition for those guns. G.L. c. 140, § 129B(c). A person needs a license to carry to possess a handgun, even inside the home. Under the earlier statute, the Appeals Court also held that a defendant with an FID card “was not authorized to possess a handgun anywhere, even in his home.” Commonwealth v. Ewan, 105 Mass. App. Ct. 42 (2024). A person with only an FID card and a handgun in the bedroom is charged under § 10(h)(1).

The Elements

To convict a defendant under § 10(h)(1), the Commonwealth must prove four elements beyond a reasonable doubt. First, the defendant possessed an item. Second, the item was a firearm, or ammunition, as G.L. c. 140, § 121 defines “firearm” and “ammunition.” Third, the defendant knew that they possessed the item.

Fourth, the defendant had neither a valid license to carry nor a valid firearm identification card. The District Court’s model jury instructions, Instruction 7.620 for a firearm and Instruction 7.625 for ammunition (both revised July 2023), list the same elements. The Commonwealth must also prove that a statutory exemption does not apply if the defendant offers some evidence that the exemption applies.

The Commonwealth must prove that the defendant knew they possessed ammunition. “To convict the defendant of unlawful possession of ammunition, the Commonwealth was required to prove that the defendant knowingly possessed ammunition that met the legal definition of ammunition.” Commonwealth v. Johnson, 461 Mass. 44, 53 (2011). A defendant who did not know that rounds were in a borrowed bag, or in the gun, has a defense, because the Commonwealth cannot prove knowledge.

What Counts as Ammunition

Ammunition means “cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.” The definition also includes tear gas cartridges. G.L. c. 140, § 121. Each item in the statutory definition, such as a single primer or a single bullet, is ammunition by itself. A spent shell casing is a cartridge case and therefore ammunition. Commonwealth v. Truong, 78 Mass. App. Ct. 28, 32 (2010). The court in Truong did not decide whether the statute applies to a person who keeps a casing as a souvenir or for scrap. Truong, 78 Mass. App. Ct. at 32 n.6. The Commonwealth can prove the charge with a single live round.

The Commonwealth does not have to prove that a round could be fired. The Commonwealth must prove that the item was designed for use in a firearm. Commonwealth v. Mendes, 44 Mass. App. Ct. 903, 904 (1997).

Jurors may decide whether the item was designed for use in a firearm from the item itself and from their own experience, without expert testimony. Commonwealth v. Velez, 82 Mass. App. Ct. 12, 18 (2012). The analyst must testify if the Commonwealth offers a certificate of analysis to prove that the item is ammunition, because the defendant has the right to cross-examine the analyst. Commonwealth v. Muniz, 456 Mass. 166, 169-170 (2010).

Proving That the Defendant Had No FID Card

The absence of a firearm identification card is an element of the crime that, like all elements, the Commonwealth must prove beyond a reasonable doubt. Commonwealth v. Guardado, 491 Mass. 666, 692-693 (2023). In Commonwealth v. Robinson, SJC-13756 (Feb. 13, 2026), the Supreme Judicial Court ordered a judgment of not guilty on the ammunition count because the Commonwealth “presented no such evidence” that the defendant lacked an FID card.

A license to carry and an FID card are different documents. Evidence about a license to carry is not evidence about an FID card. A defendant who tells the police that they have no license to carry has admitted nothing about an FID card.

In Commonwealth v. Encarnacion, 105 Mass. App. Ct. 46, 55 (2024), the defendant’s only admission about licensing was that he had no license to carry. The Appeals Court reversed the ammunition conviction and entered judgment for the defendant on the ammunition charge. The Appeals Court upheld the § 10(a) conviction. In Commonwealth v. Ferreira Artur, No. 24-P-235 (Mass. App. Ct. May 15, 2025), the judge never told the jury that the Commonwealth had to prove that the defendant had no FID card. The only evidence about licensing was an admission that the defendant had no license to carry. The Appeals Court set aside the conviction for possessing ammunition without an FID card and sent the ammunition charge back to the trial court.

The Commonwealth ordinarily proves that the defendant had no FID card through a witness from the Department of Criminal Justice Information Services (“DCJIS”). The witness searches the licensing database under the defendant’s name and date of birth and finds no card. The witness must have run the search personally.

The Commonwealth must also prove that the date of birth used in the search was the defendant’s. Commonwealth v. Smith, 496 Mass. 304, 317-318 (2025). The judge must enter a finding of not guilty if the Commonwealth does not prove that the witness ran the search personally and that the date of birth was the defendant’s.

A person questioned by the police about a gun or ammunition should decline to answer questions about licenses or cards and should ask for a lawyer. The firm’s page on the right to remain silent explains how to exercise the right to remain silent.

The Firearm Identification Card and the License to Carry

The licensing authority, which is usually the local police chief, issues a firearm identification card to a resident 18 or older. The licensing authority cannot issue a card to a resident whom G.L. c. 140, § 121F(j) bars from holding a card, such as a person with certain criminal convictions.

The licensing authority can also deny a card to a resident who is unsuitable. A resident is unsuitable when reliable information shows that the resident may create a risk to public safety or a risk of danger to the resident or to others. A resident aged 15 to 17 who meets the same conditions may also receive a card with a parent’s or guardian’s written permission. G.L. c. 140, § 129B(a).

The card covers rifles and shotguns that are not large capacity and not semiautomatic, and the ammunition for those guns. G.L. c. 140, § 129B(c). The licensing authority issues a license to carry to a resident 21 or older. G.L. c. 140, § 131(d). The license covers all firearms and their ammunition. G.L. c. 140, § 131(a). “Under our statutory scheme, an FID card and a license to carry are distinct items with distinct privileges.” Commonwealth v. Gouse, 461 Mass. 787, 799-800 n.14 (2012).

An expired card remains valid while a timely renewal application is pending, during active military service and for 180 days after release, and for 90 days after the expiration date. G.L. c. 140, § 121F(s). A person whose card expired, and who is past every period in which the expired card remains valid, faces a fine of $100 to $5,000 if the person could still renew the card.

The statute provides that “section 10 of chapter 269 shall not apply” to a person whose card lapsed only because the card expired. G.L. c. 140, § 121F(t). Defense counsel should obtain the licensing record in every § 10(h) case. A defendant whose card had only expired may face a fine instead of the criminal charge.

The Statute After October 2, 2024

Section 10(h)(1) punishes possession “without complying with the provisions of section 129C of chapter 140.” Before October 2, 2024, § 129C began with the rule that no person may own or possess a firearm, rifle, shotgun, or ammunition without an FID card unless the person was licensed or exempt. In St. 2024, c. 135, the Legislature rewrote § 129C. The new § 129C lists the persons and situations exempt from licensing and no longer states the rule requiring an FID card.

Under the Superior Court’s model instruction on possession of ammunition (July 14, 2026), a person needs a license to carry to possess handgun ammunition, and a license to carry or an FID card to possess rifle and shotgun ammunition. The Superior Court’s model instruction is the court system’s commentary, not an appellate decision.

No appellate court has decided what § 10(h)(1) requires for possession on or after October 2, 2024. In any case involving possession on or after October 2, 2024, defense counsel should ask the judge to decide what § 10(h)(1) requires. Under the rule of lenity, courts resolve an unclear criminal statute in the defendant’s favor.

Exemptions

Section 129C lists the persons who may possess a firearm or ammunition without a card or license. A person who moves into Massachusetts, or who returns after an absence of 180 days or more, may possess the firearms and ammunition they brought with them for 60 days. G.L. c. 140, § 129C(a)(ii). An heir may possess an inherited firearm for 60 days and may transfer the firearm to a licensed person in that time. G.L. c. 140, § 129C(a)(iii). The statute also exempts a person surrendering a firearm to the State Police and a person handling a firearm under the direct supervision of a license holder for examination, trial, or instruction. A nonresident carrying a firearm in a vehicle while traveling through the state is also exempt. G.L. c. 140, § 129C(a)(i), (b)(iii), (k).

An exemption is an affirmative defense, which means the defendant must first produce some evidence that the exemption applies. The Commonwealth must then prove beyond a reasonable doubt that the exemption does not apply. Guardado, 491 Mass. at 682. In Commonwealth v. Harris, 481 Mass. 767, 781-782 (2019), the evidence suggested that the defendant was a new resident.

The judge properly instructed the jury on the 60-day exemption and told the jurors that the Commonwealth had to prove residency of more than 60 days. The exemption for handling a firearm under a license holder’s supervision covers only temporary possession for examination, trial, or instruction. The Appeals Court held that the supervision exemption did not apply to a defendant who kept his own guns, because the defendant’s possession was not temporary and was not for examination, trial, or instruction. Commonwealth v. Bachman, 41 Mass. App. Ct. 757 (1996).

Possession in a Shared Home

The Commonwealth must prove constructive possession when the police find a firearm or ammunition in an apartment or house that the defendant shares with others. Constructive possession means that the defendant knew the item was there and had both the ability and the intention to control the item. Being in the home, or even living in the home, is not enough by itself to prove that the defendant possessed an item found in the home. In Commonwealth v. Boria, 440 Mass. 416, 418-421 (2003), the police found bags of cocaine hidden inside a VCR in the living room where the defendant was.

The defendant’s benefits application was in the closet. The Supreme Judicial Court held that the evidence was not enough to prove that the defendant possessed the cocaine. The Supreme Judicial Court listed the evidence that the Commonwealth did not offer, including evidence of who leased the apartment, who paid the bills, and whether the defendant did anything that showed he knew he was guilty. Boria, 440 Mass. at 420 n.5.

In firearms cases, the Appeals Court also holds that being in a home, or even living in a home, is not enough by itself to prove that the defendant possessed a gun found in the home. In Commonwealth v. Frongillo, 66 Mass. App. Ct. 677, 683-685 (2006), guns and ammunition were in two closets of the apartment of the defendant’s fiancée, where he often stayed. The Appeals Court held that the evidence was not enough to prove possession, because no personal effects, fingerprints, or statements connected the defendant to the closets. In Commonwealth v. Delarosa, 50 Mass. App. Ct. 623, 628 (2000), a gun sat in a hidden compartment of a closet. The court wrote that the defendant likely knew the gun was there, but knowledge alone did not prove that he intended to control the gun. The Appeals Court set aside the § 10(h) conviction.

By contrast, in Commonwealth v. Clarke, 44 Mass. App. Ct. 502, 505-506 (1998), the defendant’s Social Security card and birth certificate were in the bedroom where the handguns and ammunition were found. The defendant ran from the bedroom when the police arrived. The Appeals Court held that the evidence was sufficient. In Commonwealth v. McCollum, 79 Mass. App. Ct. 239, 246 (2011), the defendant told the police where the gun and ammunition were. The Appeals Court held that the defendant’s knowledge of where the gun and ammunition were proved the defendant’s ability to control the gun and the ammunition.

Penalties and How the Case Proceeds

A defendant convicted under § 10(h)(1) can be punished by up to two years in a house of correction or a fine of up to $500. For a second or later offense, the possible penalties are up to two years in a house of correction, a fine of up to $1,000, or both.

The statute sets no mandatory minimum sentence. A judge may continue the case without a finding if the defendant admits that the Commonwealth has enough evidence for a guilty finding. A judge may also place the defendant on probation or order pretrial probation under G.L. c. 276, § 87. The firm’s page on continuances without a finding and pretrial probation explains how a continuance without a finding and pretrial probation work.

The Commonwealth cannot ask a judge to hold a defendant without bail as dangerous, under G.L. c. 276, § 58A(1), on a § 10(h) charge alone, except in two situations. The Commonwealth can ask for detention if the § 10(h) charge involves abuse as defined in G.L. c. 209A, § 1.

The Commonwealth can also ask for detention if the defendant was arrested and charged while a 209A restraining order (abuse prevention order) was in effect against the defendant. Section 58A(1) lists § 10(a), (c), and (m) and § 10G, but not § 10(h).

Section 10(h)(1) allows a police officer to arrest a person without a warrant when the officer has probable cause to believe that the person violated § 10(h)(1). The charge is a misdemeanor, so the person has a right to a clerk-magistrate hearing if the police apply for a complaint without arresting the person.

The clerk-magistrate may issue the complaint without a hearing if there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the Commonwealth by the person. The clerk-magistrate holds the hearing before deciding whether to issue the complaint. G.L. c. 218, § 35A. The Commonwealth must bring the charge within six years of the offense. G.L. c. 277, § 63.

A defendant with a prior conviction for a violent crime or a serious drug offense faces a longer sentence under the armed career criminal statute, G.L. c. 269, § 10G. Section 10G applies to § 10(h) as well as to § 10(a) and § 10(c). For a defendant convicted under § 10G with one qualifying prior conviction, the sentence is 3 to 15 years in state prison. The judge cannot continue the case without a finding, suspend the sentence, or order probation. The firm’s firearms defense page explains § 10G.

Defenses

Suppression. Most § 10(h) cases begin with a search of a home or a car. The judge suppresses the firearm and the ammunition if the police entered a home without a warrant, valid consent, or an emergency. The judge also suppresses the evidence if the police searched beyond the scope of a warrant or a consent. The Commonwealth cannot use the firearm or the ammunition as evidence after the judge suppresses them. The firm’s page on illegal searches and seizures explains the motion to suppress.

Knowledge and possession. The Commonwealth must prove that the defendant knew the ammunition or the firearm was there and intended to control the item. In a shared home, the court applies the constructive possession cases described above. In a car with several people in it, the rules described on the § 10(a) page apply to the ammunition count in the same way.

No FID card. Defense counsel insists that the Commonwealth prove that the defendant had no firearm identification card, not merely that the defendant had no license to carry. Counsel also challenges whether the DCJIS witness ran the search personally and whether the search used the defendant’s date of birth.

An exemption or an expired card. A new resident within 60 days, an heir within 60 days, or a person handling a firearm under supervision has a defense to the charge. A person who possessed the firearm or ammunition within 90 days after the card’s expiration date, or who qualifies for the fine under § 121F(t), also has a defense.

Two charges for the same ammunition. Possession of ammunition without an FID card is a lesser included offense of possession of a loaded firearm under § 10(n), which means that the ammunition charge is part of the loaded firearm charge.

A defendant cannot be convicted of both the ammunition charge and the loaded firearm charge if the only ammunition was inside the gun. Johnson, 461 Mass. at 53-54. See also Commonwealth v. Galarza, 93 Mass. App. Ct. 740, 748 (2018). The Commonwealth cannot retry the loaded firearm count if the jury finds the defendant not guilty on the ammunition count. Commonwealth v. Charles, 81 Mass. App. Ct. 901, 902 (2012).

The statute’s wording after October 2, 2024. For possession on or after October 2, 2024, defense counsel raises the unresolved question of what § 10(h)(1) requires.

Firearms Rights, Immigration, and the Record After a Conviction

A conviction under § 10(h)(1) is a conviction for a firearms offense that can be punished by imprisonment. Under G.L. c. 140, § 121F(j), a person convicted under § 10(h)(1) can never hold a license to carry. A person convicted under § 10(h)(1) also cannot hold a firearm identification card for five years after the conviction or the release from confinement, probation, or parole, whichever is later.

A continuance without a finding that ends in a dismissal is not a conviction under the firearms licensing statute, G.L. c. 140, § 121. G.L. c. 140, § 121F(j) therefore does not bar a person from holding a license to carry or a firearm identification card because the person’s case ended with a continuance without a finding and a dismissal. The federal ban on possessing a firearm after a conviction, 18 U.S.C. § 922(g)(1), does not apply to a state misdemeanor punishable by two years or less. 18 U.S.C. § 921(a)(20)(B). Federal law therefore does not bar a person from possessing firearms because of a § 10(h)(1) conviction alone.

Federal immigration law imposes its own consequences on a firearms case. A conviction or a continuance without a finding on a charge of possessing a firearm without an FID card can make a noncitizen deportable under 8 U.S.C. § 1227(a)(2)(C). An immigration form or an immigration officer may ask the noncitizen about the arrest or the police report, even when a possession case ends in a dismissal. The immigration officer can delay or deny the noncitizen’s application because of the noncitizen’s answers about the arrest.

An immigration lawyer should review the exact question on the form, the client’s immigration status, and the court record before the client files a petition or sits for an interview. The firm’s immigration consequences pages describe how an immigration lawyer reviews a criminal case.

After arraignment, the charge appears on the defendant’s criminal record, whatever the outcome. The Commissioner of Probation can seal a § 10(h)(1) conviction under G.L. c. 276, § 100A, three years after the case ends and after any time in custody, if the person has no new conviction during the three-year waiting period. A judge can seal a dismissal after a continuance without a finding under § 100C, with no waiting period.

Attorney Serpa’s Representation in FID Card Cases

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa defends § 10(h) charges in the Boston Municipal Court and the District Courts of Greater Boston. In some cases, the police bring a § 10(h) charge together with a felony charge of carrying a firearm without a license. In other cases, the police bring a § 10(h) charge by itself, as a misdemeanor, after a search of a home. In every § 10(h) case, Attorney Serpa reviews the search, the evidence connecting the client to the item, the licensing record, and the Commonwealth’s evidence that the client had no FID card. Attorney Serpa then advises the client on a motion to suppress, a trial, or a continuance without a finding.

Frequently Asked Questions About Possession Without an FID Card

Related Serpa Law Office Resources

• Carrying a Firearm Without a License in Massachusetts: G.L. c. 269, § 10(a)
• Massachusetts Criminal Defense of Firearms Offenses
• Improper Storage of a Firearm in Massachusetts: G.L. c. 140, § 131L
• Possession of a Large Capacity Firearm or Feeding Device in Massachusetts: G.L. c. 269, § 10(m)
• Carrying a Loaded Gun During an OUI Stop or While Drunk in Massachusetts Under G.L. c. 269, § 10H
• Untraceable Firearms, Ghost Guns, and Defaced Serial Numbers in Massachusetts: G.L. c. 269, § 11C
• Firearms Offenses for Massachusetts Visitors or Out-of-State Travelers
• Illegal Searches and Seizures in Massachusetts
• The Right to Remain Silent in Massachusetts
• Massachusetts Clerk-Magistrate (Show Cause) Hearings
• Continuances Without a Finding, Pretrial Probation, and Diversion
• Felonies and Misdemeanors in Massachusetts
• Who Can See Your Massachusetts Criminal Record
• Sealing and Expunging a Massachusetts Criminal Record
• Criminal Records and the Massachusetts Firearms License Application
• Immigration Consequences of Massachusetts Criminal Charges