Mass. Gen. Laws » Part IV Title I Chapter 265
Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 18B (2026)

Use of firearms while committing a felony; second or subsequent offenses; punishment

✓ current as of July 2026
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Section 18B. Whoever, while in the commission of or the attempted commission of an offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, as defined in section 121 of chapter 140, shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than five years; provided, however, that if such firearm is a large capacity firearm, as defined in section 121 of chapter 140, or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, as defined in said section 121, such person shall be punished by imprisonment in the state prison for not less than ten years. Whoever has committed an offense which may be punished by imprisonment in the state prison and had in his possession or under his control a firearm and who thereafter, while in the commission or the attempted commission of a second or subsequent offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than 20 years; provided, however, that if such firearm is a large capacity semiautomatic firearm or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, such person shall be punished by imprisonment in the state prison for not less than 25 years.

A sentence imposed under this section for a second or subsequent offense shall not be reduced nor suspended, nor shall any person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this section.

Notes of Decisions
Cited in 44 cases (18 in the last 5 years), 1981–2026 · leading case: Commonwealth v. Hines, 866 N.E.2d 406 (Mass. 2007).
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Commonwealth v. Hines, 866 N.E.2d 406 (Mass. 2007). · cites it 13× “94C, § 32A (c); unlawful possession of a firearm while in the commission of a felony, G. L. c. 265, § 18B; unlawful possession of a firearm, G.”
Commonwealth v. Maurice Johnson., 102 Mass. App. Ct. 195 (Mass. App. Ct. 2023). · cites it 6× “269, § 10 (a), and unlawful possession of a firearm, rifle, or shotgun during the commission of a felony, in violation of G. L. c. 265, § 18B, were not duplicative, where even if the former were considered a lesser included offense of the latter, the Legislature intended the…”
Commonwealth v. Anderson, 963 N.E.2d 704 (Mass. 2012). “269, § 10(n); and possessing a firearm during the commission of a felony in violation of G. L. c. 265, § 18B. After the defendant was found guilty of carrying an unlicensed firearm, and after the Commonwealth offered evidence that the defendant had been convicted as an adult of…”
United States v. Rashawn Long, 906 F.3d 720 (8th Cir. 2018). “9, 2014) (analyzing Mass. Gen. Laws ch. 265, § 18B ). We conclude that armed criminal action in Missouri is a crime of violence under the residual clause.”
Commonwealth v. Eberhart, 965 N.E.2d 791 (Mass. 2012). “265, § 13D; possession of a firearm during the commission of a felony, G. L. c. 265, § 18B; and resisting arrest, G.”
Commonwealth v. Young, 905 N.E.2d 90 (Mass. 2009). “See G. L. c. 265, § 18B, as amended through St.”
Commonwealth v. Hawkins, 490 N.E.2d 489 (Mass. App. Ct. 1986). · cites it 3× “” The judge denied the motion, ruling that G. L. c. 265, § 18B, calling for a five-year sentence with no suspension or parole prior to the expiration of five years, 1 takes precedence over the more general and earlier enacted provisions of G.”
United States v. Monell, 801 F.3d 34 (1st Cir. 2015). “The first is possession of a firearm during commission of a felony under Mass. Gen. Laws ch. 265, § 18B, though the government does not articulate which felony it thinks Monell committed.”
Commonwealth v. McCourt, 781 N.E.2d 808 (Mass. 2003). “See also G. L. c. 265, § 18B (imposing heightened penalties for felonies committed while in possession of firearm [regardless whether firearm was used to commit felony]).”
United States v. Rashawn Long, 870 F.3d 792 (8th Cir. 2017). “9, 2014) (analyzing Mass. Gen. Laws ch. 265, § 18B). We conclude that armed criminal action in Missouri is a crime of violence under the residual clause.”
Commonwealth v. Woods, 119 N.E.3d 758 (Mass. App. Ct. 2019). “94C, § 32E ( b ) ; (iii) possession of a firearm in a felony, G. L. c. 265, § 18B ; (iv) carrying a firearm without a license, G.”
Commonwealth v. Eller, 849 N.E.2d 859 (Mass. App. Ct. 2006). “In addition, to the extent the defendant contends that the penalty-enhancement statute under which he was convicted, G. L. c. 265, § 18B, punishes only the use of a weapon during a felony, he is off the mark.”
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