Possession of a Firearm Without an FID Card (M.G.L. c. 269 § 10): What You Need to Know in Massachusetts

Firearm ownership is a right under the Constitution. However, the states have different laws about firearms, including whether you need a license and what type of license you need to carry a specific type of firearm. 

Some states are relatively lax. Florida and Texas are two good examples here. On the other extreme is Massachusetts. The state has two types of license: an FID for average home and business needs (manual-action rifles and shotguns, for instance) and an official License to Carry (LTC) for most other firearms.

Possessing a firearm without a Firearms Identification (FID) Card in Massachusetts is a serious offense, even though getting an FID is a “shall-issue” process.

Massachusetts has one of the strictest licensing regimes in the country, and Chapter 135 of the Acts of 2024 and NYSRPA v. Bruen have changed a lot of things. While the state must issue an FID to qualified applicants, penalties for possession without one are still severe, and “Class B” licenses are now abolished. They’re mentioned in this guide only to clarify that they no longer exist.

Note that “failure to produce” and “unlawful possession” are not the same thing. 

• Failure to produce means that you have an FID, but don’t have it on your person, so you cannot produce it when the officer demands it. This is technically a crime under Massachusetts law, but it’s the state’s burden to prove that you don’t have an FID if you tell the officer you have one but simply don’t have it on your person.

• Unlawful possession means that you were found in possession of a firearm but have not been issued an FID (or LTC). Note that unlawful possession is the more serious of the two.

For more information on both, review our gun licensing statutes overview.
Cited for no FID during a stop? Call (508) 425-6330 for a free consultation.

What Is an FID Card and Who Must Have One to Possess Firearms in MA?

An FID card lets you legally possess manual-action rifles and non-large capacity shotguns, but certain semi-automatic rifles and “assault-style” firearms now require an LTC under Chapter 135.

The FID is primarily for home and sporting use of rifles and shotguns, and it’s issued for “not more than six years”, expiring on your birthday. Disqualified persons (those convicted of certain crimes, subject to restraining orders, or adjudicated mentally incompetent) cannot obtain an FID.

Because of the 2024–2025 updates, some firearms that were previously compliant under an FID may now require an LTC. This includes many semi-automatic rifles with detachable magazines of over 10 rounds or firearms that meet the statutory definition of “assault-style.”

The chart below shows FID vs. LTC eligibility to help you understand licensing requirements for different firearms. 

• Visual Aid Requirement: A comparison chart image showing “FID vs. LTC” eligibility. Purpose: To visually distinguish which guns require which license under the new 2024/2025 rules.

FIDs and LTCs are not the same. If you already have an LTC issue, see our guide on LTC suspension appeals.

How Does M.G.L. c. 269 § 10(h) Define Possession Without an FID Card?

Possession without an FID occurs when you have actual or constructive control of a rifle or shotgun without a valid license, and the Commonwealth can prosecute under § 10(h).

The statute criminalizes failure to produce your FID upon request, but Commonwealth v. Guardado (2023) clarified that it’s not strict liability. If you assert that you had a valid license at the time, the burden shifts to the Commonwealth to prove you didn’t.

While an affirmative defense of licensure can prevent a conviction, the Commonwealth may still try to prove constructive possession if you were near a firearm without authorization. For a deeper dive on this, explore our guide to constructive possession definitions.

What Penalties Apply for Violating the FID Production Law in 2025?

Penalties for violating the FID production law in 2025 depend on your history, but a first offense is a misdemeanor with up to 2 years in jail and up to $500 in fines and subsequent offenses mean higher fines and longer jail times.

It’s important to note that the state doesn’t go after people whos FID has expired the same way it does those who never had a license in the first place. If your FID has expired but is otherwis legal, you’ll likely only be on the hook for a fine and a warning to get it renewed. If you have no FID at all, you’ll be charged with a crime.

Criminal violations go deeper than fines and potential jail time. They can also trigger Chapter 276 § 58A dangerousness hearings, CWOFs, or pretrial probation. If you’re concerned about jail time, call (508) 425-6330 immediately for a penalty assessment.

How Is Possession Without FID Different from Carrying Without LTC?

If you have an FID but it’s not on you, you’ll be charged with a misdemeanor but carrying without an LTC is usually a felony and carries serious jail time.

Possession without an FID is treated as a misdemeanor under § 10(h), while carrying without an LTC under § 10(a) applies to handguns or large-capacity weapons in public and carries a mandatory minimum sentence of 18 months, often as a felony.

There’s more to understand here than felony vs. misdemeanor. The laws are different and don’t apply to the same situations: § 10(h) generally applies to rifles and shotguns at home or on your property, and offenses rarely result in mandatory minimum sentencing, but the logic of constructive possession (Commonwealth v. Romero) still applies if a firearm is within your reach, even if you’re not physically holding it.

If you face carrying charges, see our guide on carrying without license defenses.

What Defenses Can Beat a Failure-to-Produce FID Charge?

Several defenses can beat a failure-to-produce FID charge, including having a valid license (but not having it on you), being exempt, suppressing evidence from unlawful searches, or not actually being in possession of a firearm.

Let’s look at those defenses in a little more detail:

1. Valid License Existed: You had a valid FID, but didn’t have it physically with you. Chances are good that you’ll get a fine or maybe even have the charge dismissed.
   
2. Exemptions: New resident grace period under Chapter 140 § 129C, or transporting firearms through the state under 18 U.S.C. § 926A (FOPA).
   
3. Suppression: The police stop or search was illegal under the Fourth Amendment, and the evidence can’t be admitted.
   
4. No Possession: Just being near a firearm doesn’t prove constructive possession, as confirmed in Commonwealth v. Indrisano.
   

Most of these defenses require filing a motion to suppress. It’s also important to understand that you can also find yourself in legal trouble even if you don’t have a firearm in hand. Just storing your weapons improperly could trigger charges. See our guide on how improper storage links to FID issues.

Valid FID, but couldn’t produce? Call (508) 425-6330 for defense options.