Massachusetts Shotgun Capacity Laws: The Five-Shell Rule and Penalties

The Massachusetts shotgun capacity limit is five shells: any magazine, drum, belt, or similar device that holds more than five shotgun shells qualifies as a “large capacity feeding device” under state law.¹ The rule bites hardest on semiautomatic shotguns; pump-action and other manually operated shotguns are treated differently, even when they physically hold more. Get the classification wrong and a first offense can mean up to ten years in state prison and a $10,000 fine.

Which Shotguns the Five-Shell Rule Actually Restricts

A shotgun becomes a “large capacity firearm” in Massachusetts when it is semiautomatic and either has a fixed large capacity feeding device, can accept a detachable one, or uses a rotating cylinder holding more than five shells.²

Pump-action, lever-action, bolt-action, and slide-action shotguns are excluded from that definition entirely, even if they can hold more than five shells.² A pump shotgun with a seven-round tubular magazine is not a large capacity firearm under state law, and tubular magazines on pump shotguns are separately carved out of the large capacity feeding device definition.¹ Single-shot shotguns, permanently inoperable firearms, and antiques or relics incapable of firing a projectile are also outside the definition.

The practical takeaway: the capacity restriction is aimed at the mechanism, not just the number. A semiautomatic shotgun set up to feed more than five shells is regulated. A pump gun with the same shell count is not.

The License You Need Depends on the Shotgun

A Firearms Identification Card (FID) covers rifles and shotguns that are neither large capacity nor semiautomatic. If your shotgun is semiautomatic or has a large capacity feeding device, you need a License to Carry (LTC), and the LTC has a minimum age of 21.³

An FID does not authorize possession of a large capacity firearm. Under Chapter 269, Section 10(m), possessing a large capacity firearm or large capacity feeding device without a valid LTC carries a state prison sentence of two and a half to ten years. Holding an FID is not a defense, though it does remove the mandatory minimum floor.⁴

That distinction catches people who inherit a semiautomatic shotgun or buy one without checking the licensing rules. An FID holder with a semiautomatic shotgun in the closet is exposed to a serious felony.

Penalties for Going Over the Limit

Two statutes can apply at once, and prosecutors can charge under either or both.

Section 131M: The Feeding Device Itself

Section 131M makes it illegal to possess, sell, transfer, or import a large capacity feeding device (any device holding more than five shotgun shells). A first offense carries a fine of $1,000 to $10,000 or imprisonment of one to ten years, or both. A second offense rises to $5,000 to $15,000 in fines and five to fifteen years in prison.⁵

Chapter 269, Section 10(m): Unlicensed Possession

Possessing a large capacity shotgun without a valid LTC is punishable separately under Chapter 269, Section 10(m). The sentence is two and a half to ten years in state prison. It cannot be suspended, and there is no eligibility for probation, parole, furlough, or work release until the minimum term is served. FID holders face at least one year but avoid the two-and-a-half-year mandatory minimum.⁴

These cases cannot be continued without a finding or placed on file, so plea deals that avoid a conviction record are not available for the 10(m) charge.⁴

Grandfathered Devices From Before September 13, 1994

Large capacity feeding devices lawfully possessed on September 13, 1994 are not banned outright, but the 2024 firearms law tightened the conditions on keeping them. You may possess a grandfathered device only:

On property you own or legally control, or on someone else’s private property with permission, provided the property is not open to the public.
At a licensed firearms dealer or gunsmith for lawful repair.
At a licensed firing range or sporting competition venue.
In transit to and from those locations, stored unloaded and secured in a locked container.

Transfers are limited to an heir, a person living outside Massachusetts, or a licensed dealer. Selling one to a neighbor or giving one to a friend is not permitted.⁶ The state confirms grandfathered possession remains lawful if the device was manufactured before September 13, 1994 and the location and storage restrictions are followed.⁷

If a Section 131M charge is brought, proving lawful possession on or before that 1994 date is a complete defense. The practical difficulty is documentary: purchase receipts, FFL transfer records, or sworn statements have to carry a timeline that may go back decades.⁶

Hunting Migratory Birds: Federal Rule Is Stricter

The five-shell state limit is not the number that controls in the duck blind. Federal regulations under the Migratory Bird Treaty Act restrict shotguns used to hunt migratory game birds to a total capacity of three shells. If your shotgun holds more, it must be plugged with a one-piece filler that cannot be removed without disassembling the gun.⁸ During waterfowl season the federal three-shell cap controls, with limited exceptions during certain light-goose-only and Canada-goose-only seasons when other waterfowl hunting is closed.⁹

A Conviction Has Federal Consequences Too

A conviction under Section 131M or Chapter 269, Section 10(m) can trigger a lifetime federal firearms ban. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing any firearm or ammunition.¹⁰ Both Massachusetts penalty schemes carry potential sentences well above that one-year threshold, so a state conviction can permanently bar firearm ownership anywhere in the country.

1
General Court of Massachusetts. General Law – Part I, Title XX, Chapter 140, Section 121
2
General Court of Massachusetts. Session Law – Acts of 2024 Chapter 135
3
Mass.gov. Hunting with a Firearm in Massachusetts
4
General Court of Massachusetts. General Law – Part IV, Title I, Chapter 269, Section 10
5
Mass.gov. Mass. General Laws c.140 Section 131M
6
General Court of Massachusetts. General Law – Part I, Title XX, Chapter 140, Section 131M
7
Mass.gov. Firearms License and Transaction Frequently Asked Questions
8
eCFR. Migratory Bird Hunting
9
eCFR. 50 CFR 20.21 – What Hunting Methods Are Illegal?
10
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts