Attorney
What Are Machine Gun Possession Charges in Massachusetts for Worcester Residents?
Machine gun possession charges in Massachusetts are some of the strictest firearm offenses you can face, and they criminalize any possession of automatic weapons or modified firearms in Worcester.
These charges apply under M.G.L. Chapter 269 Section 10, and they’re aggressively enforced during Worcester Police Department raids, joint ATF operations, and regional task force investigations. Because the law treats machine guns and automatic-fire devices as uniquely dangerous, you can face immediate felony indictments even if the weapon was never fired.
Have you been contacted by investigators, or do you already have an arraignment scheduled? Make sure you understand how the law defines a machine gun, what devices qualify, what penalties apply, and what assault weapons defense might protect you.
How Is a Machine Gun Defined Under MA Law?
A machine gun is defined under Massachusetts law as any weapon capable of firing multiple shots automatically with a single trigger pull, and this definition applies to both traditional automatic firearms and devices like bump stocks under the Commonwealth’s 2018 ban.
This definition aligns with federal ATF standards and treats any weapon or accessory that enables automatic fire as a prohibited device. Massachusetts laws cover continuous firing, and they do so strictly.
If a device creates equivalence with automatic fire, like a bump stock, forced-reset trigger, or other rapid-fire mechanism, the law classifies those devices as machine gun components. The statutes ban auto mechanisms, whether permanently installed or temporarily attached.
What Devices Count as Machine Guns in MA?
Devices count as machine guns in Massachusetts when they enable burst or automatic firing, and this includes standard machine guns, converted semiautomatic weapons, and auto-sears.
The law treats these devices harshly because they enable burst firing, alter standard guns, and include functional equivalents even when the base firearm originally complied with Massachusetts capacity and model restrictions.
Under M.G.L. Chapter 269 Section 10, machine gun classification applies to:
- Fully automatic rifles or pistols
- Semiautomatic rifles converted to automatic fire
- Auto-sears, “Glock switches,” and other conversion chips
- Bump stock–equivalent mechanisms
- Forced-reset triggers that produce continuous or near-continuous fire
- Any improvised device enabling multi-shot discharge per trigger pull
Since these items are treated as inherently dangerous, simply possessing one can lead to felony prosecution even without ammunition.
How Do 2025 Updates Affect Machine Gun Definitions?
The 2025 updates didn’t significantly change machine gun definitions in Massachusetts, but they preserved strict bans while ongoing Bruen-based challenges continue moving through the courts.
State appellate rulings in 2025 maintain bans, test definitions through historical-tradition analysis, and uphold restrictions as consistent with public-safety interests.
However, pending 2025 lawsuits might affect 3D-printed receiver plates, DIY auto-sears, or other home-built machine gun components for Worcester gun owners. As of now, none of these challenges has weakened the ban, and possession still exposes you to criminal liability even if it’s unfinished.
What Exceptions Exist for Machine Gun Possession in MA?
Exceptions for machine gun possession in Massachusetts apply only to heavily regulated groups such as Class 3 dealers, manufacturers, and law enforcement officers; no general civilian exceptions exist.
These narrow exceptions permit licensed dealings, apply to officials, and do not allow civilian ownership under ordinary circumstances. The key exemptions include:
- Class 3 dealer licenses for selling or demonstrating automatic weapons
- Law enforcement officer exemptions for departmental use
- Military or federal-authorized testing
For everyone else, possession of a machine gun is a felony.
You can read more about how Massachusetts governs licensing through the Executive Office of Public Safety and Security (EOPSS).
What Violations and Penalties Apply to Machine Gun Charges in MA?
Violations involving machine gun possession in Massachusetts include possessing, transporting, storing, or transferring any automatic-fire weapon or device, and these violations are classified as felonies.
These violations involve unauthorized holdings, penalties escalate with contexts, and mandate minimum sentences under M.G.L. Chapter 269 Section 10. Base penalties include:
- Mandatory minimum of 2.5 years in state prison
- Up to 10 years for possession
- Weapon forfeiture
- Permanent firearm disqualification
- Felony record on your CORI
Penalties increase sharply when the machine gun is used or displayed during another crime.
How Do Penalties Increase for Use During Crimes?
Penalties increase for machine gun use during crimes because the law treats automatic fire as a heightened threat, and any use during an assault or felony can result in 10+ years in state prison.
These increases apply to violent uses, terms require consecutive sentences, and enhancements reflect dangers associated with automatic weapon fire. For example:
- Assault with a machine gun can lead to a mandatory minimum of 10 years
- Using a machine gun during a felony can even result in life imprisonment
- Attempted assault with a machine gun is separately criminalized
Even pointing or displaying a device that qualifies can trigger enhanced charges.
What Defenses Can Be Used Against Machine Gun Possession in Worcester?
Defenses against machine gun charges in Worcester include proving preexisting exceptions, demonstrating lack of operability, and challenging illegal searches during Worcester home or vehicle investigations.
These defenses argue non-functionality, proofs claim exemptions, motions suppress evidence, and contest ban validities depending on the circumstances of your arrest. Common defenses include:
- You didn’t knowingly possess the item
- The device wasn’t capable of automatic fire
- The weapon didn’t meet the state’s statutory definition
- Police performed an unconstitutional search
- You were transporting the item under a licensed dealer exemption
- The device was not yours and was misidentified during a raid
You can read more about evidentiary rules in the Massachusetts Guide to Evidence, or explore related defenses in our guide to illegal modifications defenses.
Can Inoperability or Non-Functionality Dismiss Charges?
Inoperability or non-functionality can dismiss machine gun charges because the law requires that the weapon be capable of automatic firing, and demonstrating inoperability directly negates that definition.
These challenges work because inoperabilities negate definitions, testimonies confirm statuses, and dismissals follow proofs when experts show the firearm cannot discharge multiple rounds automatically.
Defense attorneys typically use:
- Independent firearm expert evaluations
- ATF-style functional tests
- Evidence showing missing parts or defective conversion kits
If the DA cannot prove functional automatic fire, the charge may be reduced or dismissed.
How to Challenge Searches in Machine Gun Cases?
You can challenge searches in machine gun cases when Worcester police or federal agents perform unlawful home, garage, or vehicle searches during weapons raids.
These challenges invalidate collections because searches require warrants, and violations suppress finds when officers violate your Fourth Amendment rights.
Successful motions to suppress often involve:
- Improperly executed warrants
- Warrantless searches without exigent circumstances
- Invalid confidential informant statements
- Overbroad search scopes
- Unlawful traffic stops leading to weapons discovery
If the firearm or device was only found because of an illegal search, the entire case may collapse.
How Do Machine Gun Convictions Impact Your Rights in Worcester?
Machine gun convictions impact your life in Worcester by creating a permanent felony on your CORI, stripping your firearm rights for life, and limiting job opportunities in fields such as security, transportation, or government contracting.
These convictions strip rights, the effects bar possessions, and criminal records limit lives far beyond the sentence itself.
Specific consequences include:
- Loss of your License to Carry (LTC)
- Permanent federal firearm prohibition
- Difficulty obtaining housing
- Employment restrictions
- Loss of security clearance or armed-guard qualifications
- Barriers to sealing or expunging your record
What Steps Should You Take If Charged with Machine Gun Possession in Worcester?
The steps you should take if charged with machine gun possession in Worcester involve securing experienced counsel immediately, gathering evidence, and preparing for arraignment with a clear defense strategy.
These steps secure representations, while consultations assess viability, and informed actions pursue reductions before charges escalate.
Best practices include:
- Hire a defense attorney immediately. These cases move quickly and carry mandatory prison time.
- Avoid discussing the case with the police or online. Even casual statements can appear as admissions.
- Gather documentation. This may include storage history, dealer paperwork, or proof that you lacked access to the item.
- Request expert evaluation early. Firearms experts may help prove the device didn’t function as the state claims.
- Prepare for your arraignment. Your attorney will challenge bail conditions and preserve your rights.
- Build a proactive defense strategy. This includes constitutional challenges, inoperability defenses, and proof of any recognized exemptions.
Contact our office for help and to schedule your consultation.