Primary Legal Sources

• M.G.L. c. 140, §121 — definitions.
• M.G.L. c. 140, §121B — firearm registration.
• M.G.L. c. 140, §121C — serialization.
• M.G.L. c. 140, §122 — dealer and gunsmith licensing.
• M.G.L. c. 140, §123 — licensed dealer requirements.
• M.G.L. c. 140, §129B — FID.
• M.G.L. c. 140, §129C — exemptions.
• M.G.L. c. 140, §131 — LTC.
• M.G.L. c. 140, §131M — assault-style firearms and large-capacity feeding devices.
• 501 CMR 19.00 — firearm registration.
• 501 CMR 20.00 — serialization.
• 803 CMR 10.00 — firearm transaction recording.
• Massachusetts Information for Firearms Dealers

Federal Dealer Sources

• ATF — Firearms
• ATF — Federal Firearms Licensee Quick Reference & Best Practices
• ATF — Form 4473

  1. Massachusetts Dealer Licensing

  Massachusetts firearm dealer and gunsmith licensing is principally governed by M.G.L. c. 140, §§122 and 123.

  Age
  
  A qualifying applicant for a Massachusetts dealer or gunsmith license must satisfy the applicable statutory age requirements.

  Dealer Training
  
  Applicants and renewing dealers must satisfy applicable Massachusetts dealer-training requirements.

  Business Location
  
  The Massachusetts license identifies the premises at which the licensed business is conducted.

  Local Licensing Authority
  
  Dealer licensing involves the licensing authority responsible for the business location.
  STATE LICENSE ≠ FEDERAL LICENSE.
  
  A Massachusetts dealer license and a Federal Firearms License are separate requirements where federal law requires an FFL.

  2. Dealer Employees

  Massachusetts retailers should maintain a written employee onboarding and compliance procedure.

  • Determine whether the employee will have direct or unmonitored access to firearms.
  • Complete applicable CORI procedures.
  • Establish individual MIRCS dealer access where required.
  • Do not share MIRCS credentials.
  • Train personnel on state and federal transaction procedures.
  • Document compliance training.
  MIRCS USER ACCOUNTS SHOULD NOT BE SHARED BETWEEN EMPLOYEES.

  3. Treat Every Sale as Multiple Compliance Checks

  A firearm sale should not be treated as one single approval.

  1. Buyer
  
  Identity, residency, age and credential.

  2. Firearm
  
  Correct Massachusetts and federal classification.

  3. Configuration
  
  Semiautomatic, large-capacity and assault-style status.

  4. Serialization
  
  Verify state and federal serial-number requirements.

  5. Federal Transfer
  
  Determine applicable Form 4473 and federal background-check requirements.

  6. Massachusetts Reporting
  
  Complete applicable MIRCS transaction reporting.

  7. Documentation
  
  Retain all required state and federal records.

  4. Customer Credentials

  Credential	Retailer Starting Point
  LTC	Provides broader Massachusetts firearm authority, but does not make every firearm, feeding device or transaction lawful.
  FID	Chapter 135 substantially changed the firearm categories authorized by an FID. Semiautomatic and large-capacity issues require particular attention.
  Nonresident LTC	Verify validity, expiration, transaction type and federal interstate-transfer requirements.
  Statutory exemption	Document the exact exemption rather than assuming one applies.

  5. FID Card Transactions

  DO NOT RELY ON PRE-CHAPTER 135 ASSUMPTIONS ABOUT AN FID.

  Current Massachusetts law restricts FID firearm authority to rifles and shotguns that are neither large-capacity nor semiautomatic, subject to applicable statutory provisions and exceptions.

  GOAL Retailer Warning:
  
  Chapter 135 contains transition language affecting certain existing licenses and possession. Do not automatically convert an argument concerning continued possession into authority for a new retail sale or transfer.

  6. Semiautomatic Firearms

  Semiautomatic status requires additional review because it can interact with:

  • FID authority;
  • customer age;
  • large-capacity classification;
  • assault-style firearm classification;
  • feeding-device compatibility;
  • hunting restrictions; and
  • other Massachusetts laws.

  7. Assault-Style Firearms

  STOP AND CLASSIFY BEFORE TRANSFER.

  Do not rely solely on the manufacturer's description, product name or appearance.

  Review M.G.L. c. 140, §121 and current state guidance concerning:

  • enumerated firearm families;
  • copies and duplicates;
  • receivers and internal components;
  • semiautomatic rifle feature tests;
  • semiautomatic pistol feature tests;
  • semiautomatic shotgun feature tests;
  • statutory exclusions;
  • grandfathering provisions; and
  • current assault-style firearm roster information.

  8. Feeding Devices & Magazines

  Before transferring a feeding device determine:

  • maximum capacity;
  • whether it is fixed or detachable;
  • whether a statutory exclusion applies;
  • whether it can readily be converted;
  • whether grandfathered status is being claimed; and
  • whether the proposed transfer is permitted.
  The transfer of large capacity magazines in Massachusetts is illegal regardless of date of ownership unless it is dur to inheritance.

  9. Frames & Receivers

  Massachusetts' firearm definition includes qualifying frames and receivers.

  Review:

  • Massachusetts classification;
  • federal classification;
  • serialization;
  • registration;
  • buyer licensing;
  • MIRCS reporting; and
  • the firearm ultimately assembled from the component.

  10. Unfinished Frames & Receivers

  Massachusetts can classify certain unfinished frames or receivers as firearms even when a manufacturer or seller describes the item differently.

  Do not base a transaction only on terms such as:

  • "80 percent";
  • "unfinished";
  • "blank";
  • "receiver kit"; or
  • "build kit".

  11. Serialization

  Massachusetts serialization is governed by:

  • M.G.L. c. 140, §121C; and
  • 501 CMR 20.00.

  Serialization issues commonly arise with:

  • privately made firearms;
  • unserialized firearms;
  • frames and receivers;
  • unfinished frames or receivers covered by Massachusetts law;
  • firearms manufactured or assembled in Massachusetts; and
  • certain firearms imported or acquired in Massachusetts.
  REGISTRATION AND SERIALIZATION ARE SEPARATE REQUIREMENTS.

  12. Registration

  Massachusetts firearm registration is governed by:

  • M.G.L. c. 140, §121B; and
  • 501 CMR 19.00.
  When a customer purchases a firearm from a Massachusetts dealer, the dealer records the applicable transaction through the Massachusetts Unified Gun Portal.

  13. Shop Inventory

  Dealer inventory should be reconciled against:

  • physical inventory;
  • federal acquisition and disposition records;
  • MIRCS records;
  • serialization records where applicable;
  • consignments;
  • repair inventory; and
  • dealer-to-dealer transfers.
  GOAL Best Practice:
  
  Conduct periodic physical inventory reconciliation rather than waiting for a regulatory inspection to identify discrepancies.

  14. Ammunition & Components

  Massachusetts defines ammunition broadly.

  The definition can include:

  • complete cartridges;
  • cartridge cases;
  • primers or igniters;
  • bullets;
  • firearm propellant powder; and
  • tear-gas cartridges.
  Reloading components can therefore present Massachusetts ammunition sale and possession issues even though they are not complete cartridges.

  15. Gunsmithing & Repairs

  Retailers performing gunsmithing should distinguish between:

  • receipt for repair;
  • return of the same firearm;
  • replacement of the firearm;
  • manufacturing;
  • assembly;
  • serialization work;
  • configuration changes; and
  • transfer to another person.
  Those distinctions can change state and federal recordkeeping, manufacturing or transfer requirements.

  16. Consignments

  Consigned firearms should be tracked under the applicable federal acquisition and disposition requirements.

  The eventual sale, disposition or return of a consigned firearm can trigger additional transfer procedures.

  17. Interstate Transactions

  MASSACHUSETTS ELIGIBILITY DOES NOT OVERRIDE FEDERAL INTERSTATE-TRANSFER LAW.

  For a nonresident transaction determine:

  • customer's state of residence;
  • firearm type;
  • federal dealer-to-dealer requirements;
  • customer-state law where applicable;
  • Massachusetts requirements; and
  • where lawful delivery may occur.

  18. ATF Form 4473

  Federal law requires a properly completed ATF Form 4473 when an FFL transfers a firearm to a nonlicensee unless an applicable federal exception applies.

  Dealer Best Practice:
  
  Use a secondary review of the Form 4473 before the firearm leaves the premises to identify unanswered questions, incorrect entries, or other mistakes.

  19. Federal Background Check

  Complete the federally required background-check process before delivery whenever the transaction is subject to that requirement.

  A Massachusetts firearm credential/license does not eliminate federal background-check requirements.

  20. Acquisition & Disposition Records

  Maintain accurate acquisition and disposition records covering:

  • incoming firearms;
  • retail transactions;
  • FFL-to-FFL transactions;
  • repairs;
  • returns;
  • consignments;
  • lost or stolen firearms; and
  • physical inventory.

  21. Lost or Stolen Firearms

  A Massachusetts retailer has both state and federal reporting duties when a firearm is lost or stolen.

  DO NOT ASSUME ONE REPORT SATISFIES ALL STATE AND FEDERAL REPORTING REQUIREMENTS.

  22. Inspection Readiness

  A dealer should be able to readily account for:

  • every firearm physically present;
  • every firearm disposed of;
  • Forms 4473;
  • A&D records;
  • MIRCS transactions;
  • dealer licenses;
  • federal licenses;
  • employee compliance requirements; and
  • required transaction documentation.

  23. Daily Counter Checklist

  Buyer
  
  Identity, age and residency verified?

  Credential
  
  Current and appropriate for the transaction?

  Firearm Type
  
  Correctly classified?

  Semiautomatic
  
  Does semiautomatic status affect eligibility?

  Large Capacity
  
  Firearm or feeding-device issue?

  Assault-Style
  
  Classification completed?

  Serialization
  
  Serial-number requirements verified?

  Federal Requirements
  
  4473, background check and A&D completed?

  MIRCS
  
  Massachusetts transaction entry completed?

  Final Review
  
  Compliance check complete before delivery?

  24. Stop the Transaction and Review

  PAUSE BEFORE TRANSFER IF:

  • the customer's credential does not clearly authorize the transaction;
  • the firearm's classification is uncertain;
  • semiautomatic status creates an FID or age issue;
  • large-capacity status is uncertain;
  • assault-style firearm status is uncertain;
  • the serial number or serialization status is questionable;
  • the transaction involves an unfinished frame or receiver;
  • the customer's residency creates an interstate issue;
  • MIRCS information conflicts with the transaction;
  • Form 4473 or background-check requirements remain incomplete; or
  • state and federal requirements appear to conflict.

  Resolve the controlling requirement before completing the transaction.