Unlawful Assault Style Firearm Roster
Within the myriad of convoluted language in Chapter 135 (The Devil’s Snare) there is language to create a roster of “banned” assault style firearms. The new language can be found in MGL Chapter 140, Section 131 ¾ (see below).
Since the establishment of the Firearm Control Advisory Board (FCAB) under the same Chapter 135 there has been a sub-committee working on a draft roster. The draft they have been working on does not reflect the law in GOAL’s opinion.
- First and foremost, Section 131M does not use the term “banned” because there are no “banned” firearms under that section. There are heavy restrictions and grandfathering dates on a new classification of firearms, but no outright bans.
- The proposed roster from the sub-committee is being called the “Prohibited Assault-Style Firearms Roster.” The term “prohibited” does not appear in 131 ¾ or 131M.
- FCAB intends to publish the initial roster with the firearms enumerated in Section 121 and then add more firearms to it over time. This is incredibly dangerous since this is not a roster of approved firearms that can be added to. This is a roster of banned guns that, once published, should be complete in order to avoid potential pitfalls and confusion. Otherwise, retailers and LTC holders are going to be led to believe anything not on the roster is legal.
- The explanation of grandfathering dates is incredibly complicated and confusing – especially given that there is no legal consensus how to interpret them.
GOAL’s Executive Director, Jim Wallace, has continually advised the members of FCAB that this draft roster is violating the law and will place gun owners in legal, and potentially, physical danger.
“This illegal roster will destroy the lives of lawfully licensed citizens that will likely face prosecution,” said Jim Wallace Executive Director of GOAL. “I constantly hear members of FCAB say that the courts will have to work things out and I remind them that means someone has been charged with serious felonies and their life has been destroyed even if the courts eventually side with the defendant. That is simply unacceptable.”
The FCAB is scheduled to vote on the proposed roster at its February 27, 2026 meeting at 10 am 200 Arlington Street Chelsea, MA. The public is welcome to attend but must go through security before being admitted.
Download the minutes of FCAB meeting and proposed roster: https://irp.cdn-website.com/7a261750/files/uploaded/FCAB+Packet+for+1.16.26.pdf
Section 1313/4. (a) The secretary of public safety and security shall, with the advice of the firearm control advisory board established in section 1311/2 compile and publish a roster of assault-style firearms banned under section 131M and a roster of firearms approved for sale and use in the commonwealth using the parameters set forth in section 123. The secretary shall, not less than 3 times annually, review, update, and publish the rosters online, and send a copy to all persons licensed in the commonwealth pursuant to section 122. Licensing authorities shall provide information on these rosters to all permit and card holders and licensees upon initial issuance and every renewal.
(b) The secretary, with the advice of the firearm control advisory board, shall also compile and publish a roster of firearms solely designed and sold for formal target shooting competitions or Olympic shooting competitions. The board shall, not less than biannually, review, update and publish these rosters and make them available for distribution.
(c) The secretary may amend any roster upon their own initiative. A person may petition the secretary to place a firearm on, or remove a firearm from, the roster, subject to the provisions of this section. A petition to amend a roster shall be submitted in writing to the secretary, in the form and manner prescribed by the secretary, and include reasons why the roster should be amended. Upon receipt of a petition to amend a roster, the secretary shall, within 45 days, either notify the petitioner that the petition is denied or modify the roster. An addition to the roster shall be effective on the date it is published online by the board.
Section 131M. (a) No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device.
(b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under section 131 or by a holder of a license to sell under section 122; provided, that the assault-style firearm shall be registered in accordance with section 121B and serialized in accordance with section 121C.
(c) Subsection (a) shall not apply to large capacity feeding devices lawfully possessed on September 13, 1994 only if such possession is: (i) on private property owned or legally controlled by the person in possession of the large capacity feeding device; (ii) on private property that is not open to the public with the express permission of the property owner or the property owner's authorized agent; (iii) while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair; (iv) at a licensed firing range or sports shooting competition venue; or (v) while traveling to and from these locations; provided, that the large capacity feeding device is stored unloaded and secured in a locked container in accordance with sections 131C and 131L. A person authorized under this subsection to possess a large capacity feeding device may only transfer the device to an heir or devisee, a person residing outside the commonwealth, or a licensed dealer.
(d) Whoever violates this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more than 15 years, or by both such fine and imprisonment.
(e) This section shall not apply to transfer or possession by: (i) a qualified law enforcement officer or a qualified retired law enforcement officer, as defined in the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. sections 926B and 926C, respectively, as amended; (ii) a federal, state or local law enforcement agency; or (iii) a federally licensed manufacturer solely for sale or transfer in another state or for export.
