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 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 ammunition count is commonly added to a charge of carrying a firearm without a license, because the rounds inside an unlicensed gun are ammunition. The charge is a misdemeanor. If a defendant is convicted, the possible penalties are 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. There is no mandatory minimum, and 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. It covers how the Commonwealth proves that the defendant had no FID card, the exemptions, the penalties, the defenses, and what a conviction means for firearms rights and the criminal record. Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995 and defends these charges in the Boston Municipal Court and the District Courts of Greater Boston.

The Two Charges Under § 10(h)

The statute punishes two things. The first 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 the felony under § 10(a), which the firm’s page on carrying a firearm without a license covers. Possession of a firearm in the home or business without a card or a license is the misdemeanor under § 10(h). The typical case begins with a search of an apartment, a call to the house, or a firearm surrender order under a 209A abuse prevention order. The police find a gun that no one in the home is licensed to possess.

The second is possession of ammunition without an FID card or a license to carry, anywhere. 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 charge commonly appears as a companion count to a § 10(a) or § 10(n) charge rather than on its own.

Since October 2, 2024, a firearm identification card entitles the holder to possess only rifles and shotguns that are not large capacity and not semiautomatic, and the ammunition for them. G.L. c. 140, § 129B(c). A handgun requires a license to carry even inside the home. The Appeals Court held the same under the earlier statute, ruling 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 those words. Third, the defendant knew that they possessed it. 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), state the elements in that form. Where the evidence raises a statutory exemption, the Commonwealth must also prove that the exemption does not apply.

The knowledge element applies to the ammunition itself. “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 on this element.

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,” and the definition includes tear gas cartridges. G.L. c. 140, § 121. Each listed item counts on its own. 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 left open 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. A single live round is enough to support the charge.

The Commonwealth does not have to prove that a round could be fired. It 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 that question from the item itself and from their own experience, and the Commonwealth needs no expert. Commonwealth v. Velez, 82 Mass. App. Ct. 12, 18 (2012). Where a certificate of analysis is offered to prove the point, the analyst must testify, because the certificate is testimonial. 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, and the Commonwealth must prove it. 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, and evidence about one is not evidence about the other. 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 admission concerned only a license to carry, so the Appeals Court reversed the ammunition conviction and entered judgment for the defendant while affirming the § 10(a) conviction. The Appeals Court held the same in Commonwealth v. Ferreira Artur, No. 24-P-235 (Mass. App. Ct. May 15, 2025), where the judge never told the jury that the Commonwealth had to prove the absence of an FID card and the only evidence was an admission about a license to carry.

The Commonwealth ordinarily proves the element through a witness from the Department of Criminal Justice Information Services (“DCJIS”) who searched the licensing database under the defendant’s name and date of birth and found no card. The witness must have run the search personally, and the Commonwealth must prove that the date of birth used in the search was the defendant’s. Commonwealth v. Smith, 496 Mass. 304, 317-318 (2025). Where the Commonwealth fails on either point, the judge enters a required finding of not guilty. 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.

The Firearm Identification Card and the License to Carry

A firearm identification card is issued to a resident 18 or older, and to a resident aged 15 to 17 with a parent’s or guardian’s written permission, who is neither a prohibited person nor unsuitable. G.L. c. 140, § 129B(a). It covers rifles and shotguns that are not large capacity and not semiautomatic, and the ammunition for them. G.L. c. 140, § 129B(c). A license to carry is issued to a resident 21 or older, G.L. c. 140, § 131(d), and 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). After that, a person whose card is invalid only because it expired, and who could still renew it, is subject to a fine of $100 to $5,000, and “section 10 of chapter 269 shall not apply.” G.L. c. 140, § 121F(t). Counsel should obtain the licensing record in every § 10(h) case, because an expired card converts the criminal charge into a fine.

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 opened with the rule that no person may own or possess a firearm, rifle, shotgun, or ammunition without an FID card unless licensed or exempt. St. 2024, c. 135 rewrote § 129C so that it now lists the persons and situations exempt from licensing and no longer states that rule. The Superior Court’s model instruction on possession of ammunition (July 14, 2026) reads the current statute to require a license to carry for handgun ammunition and a license to carry or an FID card for rifle and shotgun ammunition. That reading is the court system’s commentary, and the appellate courts have yet to decide what § 10(h)(1) requires for possession on or after October 2, 2024. Counsel should raise the question in any case charging possession after that date, because a criminal statute that does not state its own requirement is construed 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 it to a licensed person in that time. G.L. c. 140, § 129C(a)(iii). 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 each fall within their own exemption. So does a nonresident carrying a firearm in a vehicle while traveling through the state. G.L. c. 140, § 129C(a)(i), (b)(iii), (k).

An exemption is an affirmative defense. The defendant must produce some evidence that it applies, and the Commonwealth must then prove beyond a reasonable doubt that it does not. 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, so the judge properly instructed the jury on the 60-day exemption and told them that the Commonwealth had to prove residency of more than 60 days. The supervised-handling exemption covers only temporary possession for the stated purpose. A defendant who kept a firearm in his own possession could not rely on his mother’s card. Commonwealth v. Bachman, 41 Mass. App. Ct. 757 (1996).

Possession in a Shared Home

Where the police find a firearm or ammunition in an apartment or house that the defendant shares with others, the Commonwealth must prove constructive possession. Constructive possession means knowledge of the item together with the ability and the intention to exercise control over it. Presence in the home, and even living there, is not enough by itself. In Commonwealth v. Boria, 440 Mass. 416, 418-421 (2003), the defendant was present in the living room where contraband was hidden and her benefits application was in the closet, and the Supreme Judicial Court held the evidence insufficient. The court listed what was missing, including evidence of who held the lease, who paid the bills, and whether the defendant showed consciousness of guilt. Boria, 440 Mass. at 420 n.5.

The firearms cases apply the same rule. 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 the evidence insufficient because no personal effects, fingerprints, or statements tied him 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 it, and it vacated 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, and he ran from that room when the police arrived, so 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, and that knowledge of their location proved his ability to control them.

Penalties and How the Case Proceeds

If a defendant is convicted under § 10(h)(1), the possible penalties are 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 contains no mandatory minimum. A judge may continue the case without a finding after an admission to sufficient facts or place the defendant on probation, and pretrial probation under G.L. c. 276, § 87 is available. The firm’s page on continuances without a finding and pretrial probation explains those dispositions.

A § 10(h) charge standing alone is not a predicate for a dangerousness hearing under G.L. c. 276, § 58A(1), which lists § 10(a), (c), and (m) and § 10G. The statute authorizes the police to arrest without a warrant on probable cause, and most of these cases begin with an arrest. Where the police apply for a complaint without an arrest, the person has the right to a clerk-magistrate hearing before the complaint issues, because the charge is a misdemeanor. 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 the armed career criminal enhancement under G.L. c. 269, § 10G, which applies to § 10(h) as well as § 10(a) and (c). If a defendant is convicted under § 10G with one qualifying prior, the sentence is 3 to 15 years in state prison, with no continuance without a finding, no suspended sentence, and no 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. Where the police entered a home without a warrant, without valid consent, and without an emergency, or searched beyond the scope of a warrant or a consent, the judge suppresses the firearm and the ammunition. The firm’s page on illegal searches and seizures covers 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 it. In a shared home, the cases above govern. In a car with several occupants, the rules described on the § 10(a) page apply to the ammunition count in the same way.

The FID element. Counsel holds the Commonwealth to its burden of proving that the defendant had no firearm identification card, as distinct from a license to carry. Counsel also challenges the DCJIS witness’s personal knowledge and the date of birth used in the search.

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. So does a person whose card expired within the last 90 days or who qualifies for the fine under § 121F(t).

Duplicative counts. Possession of ammunition without an FID card is a lesser included offense of possession of a loaded firearm under § 10(n). Where the only ammunition was inside the gun, a defendant cannot be convicted of both. Johnson, 461 Mass. at 53-54. See also Commonwealth v. Galarza, 93 Mass. App. Ct. 740, 748 (2018). Where the jury acquits on the ammunition count, the Commonwealth cannot retry the loaded firearm count. Commonwealth v. Charles, 81 Mass. App. Ct. 901, 902 (2012).

The statute’s wording after October 2, 2024. For possession after that date, counsel raises the question described above of what § 10(h)(1) now requires.

Firearms Rights, Immigration, and the Record After a Conviction

A conviction under § 10(h)(1) is a conviction for a violation of a law regarding the possession of firearms or ammunition for which a term of imprisonment may be imposed. It makes the person a prohibited person under G.L. c. 140, § 121F(j), which bars a license to carry with no time limit and bars 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 that statute, so the disposition of the case determines whether the person can hold a card or a license again. Federal law treats the offense differently. The federal prohibition on possessing a firearm after a conviction, 18 U.S.C. § 922(g)(1), excludes a state misdemeanor punishable by two years or less, 18 U.S.C. § 921(a)(20)(B), so a § 10(h)(1) conviction standing alone does not make the person a federally prohibited person.

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), and questions at an immigration interview about the arrest or the police report can create obstacles of their own. 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 the review.

The arraignment creates an entry in the defendant’s criminal record, whatever the outcome. A misdemeanor conviction under § 10(h)(1) can be sealed under G.L. c. 276, § 100A three years after the disposition and any period of incarceration, with no new conviction in that time. A dismissal after a continuance without a finding can be sealed sooner under § 100C.

Attorney Serpa’s Representation in FID Card Cases

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He defends § 10(h) charges in the Boston Municipal Court and the District Courts of Greater Boston, both as companion counts to a felony carrying charge and as stand-alone misdemeanors after a search of a home. In every case he reviews the search, the evidence tying the client to the item, the licensing record, and the Commonwealth’s evidence on the FID element before advising 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
• 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