Massachusetts Gun Owner's Legal Handbook

1. Legal Framework

Massachusetts gun owners must consider state statutes, state regulations, agency guidance, federal statutes, federal regulations, and court decisions at the same time.

2. Definitions - M.G.L. c. 140, § 121

Massachusetts statutory definitions control how later sections apply. Always determine how the item is legally classified before relying on a licensing, possession, transfer, transportation, registration or storage rule.

3. Licensing, Eligibility, FID & LTC

M.G.L. c. 140, § 121F

Section 121F addresses the Massachusetts firearm licensing process, including eligibility, prohibited persons, applications, denials, renewals, appeals, fees, expiration and reinstatement.

Firearm Identification Card - § 129B

The FID card provides authority for certain firearm and ammunition possession but is not equivalent to a License to Carry and does not independently authorize possession of every firearm type.

License to Carry - § 131

Section 131 governs the Massachusetts License to Carry. Having an LTC does not override separate restrictions involving assault-style firearms, feeding devices, prohibited locations, storage, registration, serialization or federal law.

4. Possession, Exemptions & Criminal Exposure

Massachusetts firearm licensing provisions appear primarily in Chapter 140, while many criminal firearm offenses appear in Chapter 269. The two chapters must often be read together.

M.G.L. c. 140, § 129C

Section 129C contains important statutory exemptions from certain firearm licensing requirements.

• New residents and certain returning residents may have a limited 60-day period for firearms and ammunition already in their possession before entry or return, subject to the statute.
• Heirs and devisees have limited statutory protections concerning inherited firearms and ammunition.
• Other exemptions address certain law-enforcement and military situations, firearm surrender, signaling devices, ranges, hunting, firearm shows, nonresident possession and transportation.
• The statute states that its exemptions do not eliminate registration and serialization obligations.

5. Firearm Registration

M.G.L. c. 140, § 121B establishes Massachusetts' electronic firearm registration system. The implementing regulation is 501 CMR 19.00.

Firearms subject to registration

Covered firearms possessed, manufactured or assembled in Massachusetts are subject to registration unless a statutory exemption applies.

Information recorded

• Registrant identity.
• Massachusetts license or applicable exemption information.
• Firearm make, model and type.
• Acquisition date and source.
• Privately made firearm status.
• Required lawful-possession attestations.

Transfers and transactions

Covered purchases, sales, rentals, leases, loans and other transfers are subject to the reporting requirements in § 121B.

Loss or theft

Loss or theft must be reported through the Massachusetts system within the time period specified by law.

6. Serialization, Privately Made Firearms & Manufacturing

Massachusetts serialization requirements are primarily contained in M.G.L. c. 140, § 121C and 501 CMR 20.00.

• DCJIS provides firearm serial numbers through the state system.
• A state-issued serial number applies only to the firearm for which it was issued.
• Issuance of a serial number does not itself prove that possession of the firearm is otherwise lawful.
• 501 CMR 20 contains detailed requirements for placement, permanence, size and depth of serial-number markings.
• Different timing requirements apply to private manufacture, new residents, heirs, dealers and other categories.

3D printers and CNC machines

M.G.L. c. 140, § 121D separately regulates specified conduct involving 3D printers and computer numerical control milling machines used in firearm manufacture or assembly.

7. Assault-Style Firearms

Massachusetts now uses the statutory term assault-style firearm.

Classification requires review of:

• M.G.L. c. 140, § 121 - statutory definition.
• M.G.L. c. 140, § 131¾ - assault-style firearm roster.
• M.G.L. c. 140, § 131M - possession, transfer and import restrictions.

General restriction

Section 131M generally restricts possession, ownership, sale, transfer and importation of assault-style firearms except where an identified statutory exception applies.

August 1, 2024 provision

Section 131M contains a grandfather provision for qualifying assault-style firearms lawfully possessed in Massachusetts on August 1, 2024, subject to the license, registration and serialization requirements in the statute.

8. Large-Capacity Feeding Devices

Large-capacity feeding devices are regulated separately from assault-style firearms.

Grandfathered feeding devices

Section 131M contains a grandfather provision for qualifying large-capacity feeding devices lawfully possessed on September 13, 1994.

The statute limits where and how such devices may be possessed. Examples include:

• Specified private property controlled by the possessor.
• Specified private property with permission.
• Licensed dealers or gunsmiths for lawful repair.
• Licensed ranges and shooting competition venues.
• Travel to and from permitted locations under specified transport conditions.

9. Firearm Storage

M.G.L. c. 140, § 131L governs storage of firearms.

• A stored firearm generally must be secured in a locked container or with an approved locking or safety device.
• The storage rule distinguishes firearms that are stored or kept from firearms carried by or under the control of a lawful user.
• Separate rules apply to stun guns.
• Penalties vary based on firearm type and surrounding circumstances.
• Additional consequences may apply if a minor can gain access.

10. Vehicles & Transportation

M.G.L. c. 140, § 131C contains Massachusetts vehicle rules. Other provisions, including § 131L and § 129C, may apply at the same time.

Federal Interstate Transportation

18 U.S.C. § 926A provides a limited federal interstate transport protection when a person may lawfully possess and carry the firearm at the place of origin and destination and complies with the federal storage/transport requirements.

11. Sales, Loans, Gifts & Other Transfers

Firearm transfers can implicate Massachusetts licensing, transaction reporting, registration and federal interstate transfer laws.

• M.G.L. c. 140, § 121B addresses reporting of purchases, sales, rentals, leases, loans and other transfers.
• 803 CMR 10.00 governs Massachusetts gun transaction recording.
• 18 U.S.C. § 922 regulates interstate firearm transfers and transfers to federally prohibited persons.
• 27 CFR Part 478 contains detailed federal dealer and transfer regulations.

12. Ammunition & Components

Massachusetts defines ammunition broadly.

The definition includes:

• Loaded cartridges.
• Cartridge cases.
• Primers.
• Bullets.
• Propellant powder designed for firearms, rifles or shotguns.
• Tear gas cartridges.

13. Minors, Training & Shooting Sports

Massachusetts law contains provisions allowing firearms to be furnished to minors for specified lawful purposes.

• Hunting.
• Recreation.
• Firearm instruction.
• Shooting sports.

Section 130½ addresses furnishing firearms to minors under specified supervision and consent requirements.

Section 129C contains additional provisions involving minors and persons under 21.

14. Nonresident Gun Owners

Massachusetts generally does not recognize another state's firearm license as a Massachusetts License to Carry.

Temporary LTC - § 131F

Section 131F establishes a Massachusetts temporary License to Carry process administered by the Massachusetts State Police.

Limited rifle and shotgun exemptions - § 129C

Section 129C contains specific nonresident exemptions involving certain rifles and shotguns and certain activities such as hunting, ranges, competitions, shows and travel.

15. Hunters

Massachusetts hunters must comply with both firearm law and wildlife law.

• A hunting license does not itself authorize firearm possession.
• Nonresident hunters must review Massachusetts firearm licensing exemptions.
• Junior hunters must review supervision and furnishing requirements.
• Semiautomatic, assault-style and large-capacity status may affect whether a particular firearm may legally be possessed even when wildlife law otherwise allows that type of hunting.

16. ERPO, Suspension, Revocation & Surrender

M.G.L. c. 140, § 131R

Section 131R governs petitions for Extreme Risk Protection Orders.

M.G.L. c. 140, § 131S

Section 131S governs hearings, orders, firearm surrender, expiration, renewal and return or disposition procedures.

M.G.L. c. 140, § 129D

Separate surrender requirements may arise when a firearm license or card is denied, suspended or revoked.

17. Dealers, Retail Sales & Rosters

Massachusetts dealer law applies in addition to the federal FFL system.

• M.G.L. c. 140, § 122 - state dealer licensing.
• M.G.L. c. 140, § 122A - dealer license and sales records.
• M.G.L. c. 140, § 123 - conditions imposed on licensed dealers.
• 501 CMR 7.00 - approved weapon rosters.
• 803 CMR 10.00 - gun transaction recording.
• 940 CMR 16.00 - Massachusetts Attorney General handgun sales rules.
• 18 U.S.C. § 923 and 27 CFR Part 478 - federal FFL requirements.

18. Massachusetts Firearm Regulations

19. Federal Gun Control Act - 18 U.S.C. Chapter 44

Federal firearms law applies independently of Massachusetts law. The principal federal firearms chapter currently includes 18 U.S.C. §§ 921 through 934.

20. National Firearms Act

The National Firearms Act is contained primarily in 26 U.S.C. Chapter 53.

Common NFA firearm categories

• Machine guns.
• Short-barreled rifles.
• Short-barreled shotguns.
• Silencers / suppressors.
• Destructive devices.
• "Any other weapon" as federally defined.

The NFA establishes federal taxes, registration, making and transfer requirements.

21. Federal Firearm Regulations

22. Major Court Decisions

23. Primary Law & Update Library