Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 49 (2026)

Burglarious instruments; making; possession; use

✓ current as of July 2026

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Section 49. Whoever makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose, or whoever knowingly has in his possession a master key designed to fit more than one motor vehicle, with intent to use or employ the same to steal a motor vehicle or other property therefrom, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.

Notes of Decisions

Cited in 69 cases (4 in the last 5 years), 1928–2025 · leading case: Commonwealth v. Dykens, 45 N.E.3d 580 (Mass. 2016).

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Commonwealth v. Dykens, 45 N.E.3d 580 (Mass. 2016). · cites it 12× “He also seeks to vacate his conviction of possession of a burglarious tool or implement (a rock) in violation of G. L. c. 266, § 49, on the ground that the indictment failed to state a crime, and the Superior Court therefore lacked jurisdiction to accept a guilty plea and impose…”

Commonwealth v. Squires / Commonwealth v. Angier, 476 Mass. 703 (Mass. 2017). · cites it 8× “" G. L. c. 266, § 49. Where, as here, the tools or instruments possessed by the defendants are not by their nature burglarious, the Commonwealth must establish proof of the defendants' intent to use the tools or instruments for burglarious purposes.”

United States v. Fish, 758 F.3d 1 (1st Cir. 2014). · cites it 2× “Mass. Gen. Laws ch. 266, § 49 . Fish argues that because the government never raised the burglarious instruments conviction until this appeal, we should not consider the offense.”

Commonwealth v. Redmond, 757 N.E.2d 249 (Mass. App. Ct. 2001). · cites it 3× “266, § 127), possession of burglarious instruments (G. L. c. 266, § 49), and breaking and entering in the nighttime with the intent to commit a felony (G.”

Commonwealth v. Dreyer, 468 N.E.2d 863 (Mass. App. Ct. 1984). · cites it 10× “Dreyer was charged with a violation of G.L.c. 266, § 49, as appearing in St. 1966, c.”

Commonwealth v. Matchett, 436 N.E.2d 400 (Mass. 1982). · cites it 2× “, G.L.c. 266, § 49 (possession of burglarious instruments); G.”

Commonwealth v. Bostock, 880 N.E.2d 759 (Mass. 2008). “See G. L. c. 266, § 49 (possession of burglarious instruments); G.”

DuPont v. Comm'r of Corr., 861 N.E.2d 744 (Mass. 2007). “266, § 30 (punishment for larceny where value of stolen property exceeds $250 is imprisonment in State prison for not more than five years or jail for not more than two years); G. L. c. 266, § 49 (punishment for possession of burglar tools with intent to commit a crime is…”

Commonwealth v. Pena, 967 N.E.2d 603 (Mass. 2012). “266, § 30 (1) (count 2); possession of burglarious tools, G. L. c. 266, § 49 (count 3); and resisting arrest, G.”

Commonwealth v. Dellinger, 409 N.E.2d 1337 (Mass. App. Ct. 1980). · cites it 2× “It could be found to be a depository within the meaning of G. L. c. 266, § 49, compare Commonwealth v.”

Commonwealth v. Johnson, 386 N.E.2d 798 (Mass. App. Ct. 1979). · cites it 2× “266, § 28, and of possession of burglarious instruments, G. L. c. 266, § 49. 1 On each of these convictions he received ten-year concurrent sentences.”

Commonwealth v. Bond, 375 N.E.2d 1214 (Mass. 1978). “The tools seized — including wire strippers, a complete lock-picking kit, an inertial hammer, a “shove knife,” and tinfoil (capable of circumventing alarm systems) — were adapted for accomplishing various kinds of break-ins and, it seemed, for little else (full-blown violation…”

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