Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Massachusetts licenses firearms at two levels. One credential covers rifles and shotguns that are neither large capacity nor semi-automatic, including carrying them. A separate credential covers everything else: any handgun, and any large capacity or semi-automatic firearm. That split does not track handgun against long gun. "Firearm" is a defined term in MGL c. 140, § 121, and it includes rifles and shotguns, so a semi-automatic rifle sits on the carry-license side of the line. The licensing rules sit in MGL c. 140. The penalties for going without a license sit in MGL c. 269, § 10.
The structure changed in 2024. Chapter 135 of the Acts of 2024, "An Act Modernizing Firearm Laws," struck MGL c. 140, § 131 outright and inserted a replacement at SECTION 49 of the act. The same act created MGL c. 140, § 121F, a consolidated section that now carries the eligibility rules, the denial framework, and the appeal route for licenses, cards, and permits issued under §§ 122, 122B, 122D, 129B, 131, and 131F. It does not reach the § 131A permit to purchase, rent, or lease a firearm, which a licensing authority under § 131 may grant to a person qualified to be granted a license by that authority if it appears the purchase, rental, or lease is for a proper purpose, and may revoke at will. Any description of Massachusetts licensing should be checked against that restructure, because the substantive eligibility test no longer lives in § 131. Current § 131 runs only to subsection (h).
The decision-maker is local. MGL c. 140, § 121 defines "Licensing authority" as "the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them," and provides that if no such chief or officer exists, the colonel of the state police or their designee acts as the licensing authority.
An applicant therefore applies to the police department of the city or town where the applicant resides, not to a statewide licensing agency. Under § 131(d), a lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority may apply, as may a law enforcement officer employed by that licensing authority and a person residing in an area of exclusive federal jurisdiction within a city or town. The colonel of the state police runs the record check and certifies the result, and the department of criminal justice information services maintains the electronic firearms registration system and the standard forms.
Firearm Identification card (FID), MGL c. 140, § 129B. Under § 129B(c), an FID entitles the holder to purchase, transfer, possess, and carry rifles and shotguns that are not large capacity or semi-automatic, and the ammunition for them. It does not entitle the holder to transfer, possess, or carry any other firearm, including any large capacity firearm and any large capacity or semiautomatic rifle or shotgun, except under the direct supervision of a holder of a license to carry at an incorporated shooting club or a licensed shooting range.
The FID reaches younger applicants. Under § 129B(a), a lawful resident 18 or older may apply. A person aged 15 or older but under 18 may be issued a card only on meeting the requirements of § 121F and submitting a certificate of a parent or guardian granting permission. A 14-year-old may apply but is not issued the card until reaching 15.
License to Carry (LTC), MGL c. 140, § 131. Under § 131(a), an LTC entitles the holder to purchase, rent, lease, borrow, possess, and carry firearms, including large capacity firearms and the ammunition for them. It does not entitle the holder to transfer, possess, or carry large capacity feeding devices or assault-style firearms unless MGL c. 140, § 131M permits it. Section 131(c) adds that an LTC is valid to own, possess, purchase, and transfer rifles and shotguns that are not large capacity or semi-automatic, consistent with the entitlements an FID confers. The LTC therefore subsumes the FID's entitlements while adding every other firearm, which is to say any handgun and any large capacity or semi-automatic firearm. Machine guns sit outside it: under § 131(f), no person shall be issued a license to carry a machine gun, except for a certified instructor teaching police personnel or a bona fide collector of firearms as defined in § 121.
The § 121 definition of "Firearm" reaches a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm, and machine gun, loaded or unloaded, "which is designed to or may readily be converted to expel a shot or bullet," plus the frame or receiver of any such firearm and the unfinished frame or receiver of any such firearm. The definition closes with a proviso that "firearm" does not include any antique firearm or permanently inoperable firearm. Because it is not limited to handguns, the operative question for a long gun is whether it is large capacity or semi-automatic. Section 121 defines "Large capacity firearm" to reach a firearm that is semiautomatic with a fixed large capacity feeding device, is semiautomatic and capable of accepting, or readily modifiable to accept, a detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle, employs a rotating cylinder capable of accepting more than 10 rounds of ammunition or more than 5 shotgun shells, or is an assault-style firearm. That definition adds a proviso: large capacity is a secondary designation that applies in addition to the firearm's primary designation, and it does not include a firearm that operates by manual bolt, pump, lever, or slide action, is a single-shot firearm, has been modified so as to render it permanently inoperable or otherwise permanently unable to be designated a large capacity firearm, or is an antique or relic, theatrical prop, or other firearm not capable of firing a projectile that is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an operable large capacity firearm. The "Firearm" definition does double duty: criminal exposure under MGL c. 269, § 10 runs on it.
Section 131(d) does not state who qualifies. It routes the question elsewhere. The licensing authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F," and on an initial LTC application the licensing authority shall conduct a personal interview with the applicant. Section 129B(a) routes FID applications to the same place, as does § 122 for dealer licenses.
Section 121F states two independent grounds for denial.
Prohibited person, § 121F(j). A licensing authority shall deny an application or renewal to a person it determines to be a prohibited person. The subsection reaches a person ever convicted or adjudicated as a youthful offender or delinquent child for a felony, a misdemeanor punishable by imprisonment for more than 2 years, a violent crime as defined in § 121, a firearms or ammunition offense for which a term of imprisonment may be imposed, a controlled substances offense, or a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33). It reaches a person committed to a hospital or institution for mental illness or alcohol or substance use disorder, committed by court order, or subject to a probate court guardianship or conservatorship order for lacking mental capacity, each with its own stated relief path. It reaches a person currently subject to a suspension or surrender order under MGL c. 209A, §§ 3B or 3C, a protection order under that chapter, an order described in 18 U.S.C. 922(g)(8), a harassment prevention order under MGL c. 258E, or an extreme risk protection order under MGL c. 140, §§ 131R to 131Y. It also reaches a person subject to an outstanding arrest warrant, a person who is not a citizen or national of the United States and does not maintain lawful permanent residency, and a person discharged from the armed forces under dishonorable conditions.
Clause (j)(i) carries a timing rule specific to the FID. A crime described in its clauses (B), (D), or (E) disqualifies an FID applicant under § 129B for 5 years after conviction or adjudication, or release from confinement, probation, or parole supervision for it, whichever occurs later.
Unsuitability, § 121F(k). A licensing authority shall deny an application or renewal to a person it determines to be unsuitable. The statute states the test: a determination of unsuitability "shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others." On denial for unsuitability, the licensing authority shall notify the applicant in writing setting forth the specific reasons.
The FID is treated differently. Under § 121F(l), a licensing authority has no authority to deny an FID application for unsuitability. It may instead petition the district court to deny the application on that basis, which stays the application. The court must hold a hearing within 90 days of receiving the petition and enter judgment on suitability, and the standard is "a preponderance of the evidence that there is reliable, articulable and credible information" of the same risk-creating behavior. If no judgment of unsuitability is entered within 90 days of the petition, judgment that the applicant is suitable is automatically entered.
Section 121F(a) gives the licensing authority 40 days from receipt of a completed application to approve and issue, or deny and notify the applicant of the reason in writing. Nothing issues unless the colonel of the state police has certified that the available information indicates issuance would not violate state or federal law. Section 121F(d) gives the colonel 30 days to report any disqualifying record.
The application itself carries an offense. Under § 121F(f), whoever knowingly files an application for a permit, card, or license under §§ 122, 122B, 122D, 129B, 131, or 131F containing false information, or knowingly issues any such permit, card, or license in violation of the chapter, shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment for not less than 6 months nor more than 2 years in a house of correction, or by both. Section 121F(g) requires the applicant, or the parent or guardian of a minor, to state under the pains and penalties of perjury that the applicant is not disqualified on any of the grounds the section enumerates.
Section 121F(o) sets the fees. Unless the section states otherwise, an application or renewal for any license, card, or permit is $100. An LTC under § 131 for active and retired law enforcement officials, or for local, state, or federal government entities acting on their behalf, is $25. An FID under § 129B for a person under 18 years of age, and a self-defense spray permit under § 122D, are $25 each. Under § 121F(p), a person over the age of 70 and a law enforcement officer applying through their employing agency for renewal of an LTC or FID are exempt from the renewal fee. Under § 121F(n), application fees for licenses, cards, and permits issued under §§ 122, 122D, 129B, or 131 are payable to the issuing licensing authority and are neither prorated nor refunded in case of revocation or denial.
Revocation and suspension run through § 121F(u). Under § 121F(u)(1), a licensing authority shall revoke or suspend a license, card, or permit issued under §§ 122, 122B, 122D, 129B, 131, or 131F on the occurrence of any event that makes the holder a prohibited person as defined in subsection (j). It may also revoke or suspend on a subsequent determination of unsuitability under subsection (k), or on satisfactory proof that the holder has violated or permitted any violation of the chapter. On those discretionary grounds, an FID issued under § 129B is handled differently: the licensing authority shall file a petition in the district court, and that petition effects the suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court shall make within 15 days of filing. That petition route attaches to the discretionary grounds in this paragraph, not to the mandatory prohibited-person revocation above. A license issued under § 122 or § 122B may be revoked or suspended only after due notice to the licensee and a reasonable opportunity to be heard. Under § 121F(u)(2), a revocation or suspension shall be in writing and state the reasons, no pendency of proceedings before the court operates to stay it, and a revoked or suspended permit, card, or license may be reinstated only on the termination of all disqualifying conditions.
Appeals run through § 121F(m) and § 121F(v). An applicant or holder aggrieved by a denial, revocation, or suspension may petition for judicial review in the district court with jurisdiction where the application was filed or the license issued, within 90 days after notice of the action or 90 days after the expiration of the time limit for the licensing authority to respond. Section 121F(v)(2) conditions that route: it is available only where a hearing has not previously been held pursuant to § 131S or § 131T, MGL c. 209A, or MGL c. 258E. Under § 121F(v)(3), the court may order the license issued or reinstated on finding there was no reasonable ground for the action and that the petitioner is not prohibited by law from possessing it.
Neither credential issues without training documentation unless the applicant falls within a stated exemption. Section 131(b) states that no license shall be issued under that section unless the applicant submits a basic firearms safety certificate meeting the requirements of MGL c. 140, § 131P, and § 129B(b) imposes the parallel requirement for the FID.
Section 131P(a) requires any person applying under §§ 129B, 131, or 131F to submit that certificate, and bars the licensing authority from accepting or processing an application without it attached. A hunter education certificate issued under MGL c. 131, § 14 is a valid substitute for purposes of an FID under § 129B. Persons lawfully possessing an FID or LTC on August 1, 2024 are exempt on expiration of that card or license and when applying for renewal, and a further proviso exempts persons who possessed a card or license before the implementation of the live firearms trainings the section requires. The section also does not apply to an officer, agent, or employee of the Commonwealth or of any state of the United States, a member of the military or other service of any state or of the United States, or a duly authorized law enforcement officer, agent, or employee of any municipality of the Commonwealth, provided the person is authorized by a competent authority to carry or possess the firearm so carried or possessed and is acting within the scope of their duties.
The 2024 act rewrote § 131P at SECTION 74, on a delayed effective date. As enacted, SECTION 159 of chapter 135 read "Sections 38 and 75 shall take effect 18 months after the effective date of this act." Chapter 206 of the Acts of 2024, SECTION 51, struck that section and inserted in its place "SECTION 159. Sections 38 and 74 shall take effect 18 months after the effective date of this act," which moved the delay onto the § 131P rewrite. The Massachusetts Legislature's General Laws site dates the amended § 131P text to January 25, 2026. The Executive Office of Public Safety and Security, in Guidance #4 dated November 13, 2025, told licensing authorities that a licensing authority may keep accepting a certificate issued under the requirements of the prior law "until section 74 takes effect, on April 2, 2026." Both dates have now passed, so the rewritten text governs applications filed today. Under the amended § 131P(b), the colonel of state police, in consultation with the municipal police training committee, governs issuance of the certificate, creates the written examination, and sets the curriculum, which includes live firearms training.
Both credentials run on the same clock. Under § 131(e), an LTC is valid, unless revoked or suspended, for not more than 6 years from issue, and expires on the anniversary of the licensee's date of birth occurring not less than 5 nor more than 6 years from issuance. Section 129B(d) states an identical duration and birthday-anniversary rule for the FID.
The February 29 rules are not identical, and they turn on different facts. Section 131(e) provides that "Any license issued to an applicant born on February 29 shall expire on March 1," which keys to the applicant's date of birth. Section 129B(d) provides that "A card issued on February 29 shall expire on March 1," which keys to the date of issuance.
Section 121F(r) directs notice of expiration not less than 90 days before it. Section 121F(s) keeps an expired LTC or FID valid for all lawful purposes in three situations. Where the holder applied for renewal before the expiration date, it stays valid until the renewal application is approved or denied. Where the holder was on active duty with the armed forces of the United States on the expiration date, it stays valid until the holder is released from active duty and for a period of not less than 180 days following release, and if the holder applied for renewal before the end of that period, it stays valid until the renewal application is approved or denied. Where the expiration period has not yet exceeded 90 days beyond the stated expiration date, it stays valid unless the license or card has been revoked or suspended.
Section 121F(t) covers the person whose license is invalid solely because it expired and who is not otherwise disqualified from renewal. That person is subject to a fine of not less than $100 nor more than $5,000, and MGL c. 269, § 10 does not apply. That exemption does not reach a license revoked, suspended, facing pending revocation or suspension, or denied on renewal. Two of those three carve-outs carry a qualifier. Clauses (t)(i) and (t)(ii) each except a revocation or suspension "caused by failure to give notice of a change of address," so the exemption still applies where the change-of-address failure is what produced the revocation or suspension. The denied-renewal carve-out in clause (t)(iii) carries no such qualifier.
The fine is not the whole consequence. The same subsection directs that a law enforcement officer who discovers a person in possession of a firearm after the license or card has expired, meaning after 90 days beyond the stated expiration date, or after it has been revoked or suspended solely for failure to give notice of a change of address, shall confiscate the firearm and the expired or suspended license or card, forward the license or card to the issuing licensing authority as soon as practical, and provide the person a written inventory and receipt for everything confiscated. A confiscated firearm is considered surrendered and subject to the conditions of § 129D, and is returned to the owner only if proof of license or permit reinstatement is provided within 1 year of confiscation. Subsection (t) does not apply to temporary licenses to carry under § 131F.
Section 131(g) requires an LTC holder to report any change of address through the electronic firearm registration system within 30 days, and failure to do so is cause for revocation or suspension. Section 129B(e) imposes the same duty on FID holders.
MGL c. 269, § 10(a) is the core offense. It reaches whoever, except as provided or exempted by statute, knowingly has in his possession, or knowingly has under his control in a vehicle, a firearm as defined in MGL c. 140, § 121, loaded or unloaded, without either of five things: (1) being present in or on his residence or place of business; (2) having in effect an LTC issued under MGL c. 140, § 131; (3) having in effect a license issued under MGL c. 140, § 131F; (4) having complied with MGL c. 140, §§ 129C and 131G; or (5) having complied as to possession of an air rifle or BB gun with the requirements imposed by MGL c. 269, § 12B. Section 131G was repealed by SECTION 64 of Chapter 135 of the Acts of 2024, leaving § 129C as the operative route within clause (4).
The subsection then reaches rifles and shotguns on a parallel list of six: being present in or on his residence or place of business; an LTC under § 131; a license under § 131F; an FID under § 129B; compliance with the requirements imposed by § 129C upon ownership or possession of not semiautomatic rifles and shotguns; or compliance as to an air rifle or BB gun with MGL c. 269, § 12B.
The first item on each list is narrower than it reads. Subsection (a) closes by providing that its provisions "shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business."
The penalty is imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence shall not be reduced below 18 months, nor suspended, and a person convicted under that subsection is not eligible for probation, parole, work release, or furlough, or any deduction for good conduct, until 18 months have been served. Prosecutions under the subsection may neither be continued without a finding nor placed on file. No person holding an LTC in effect for any purpose under § 131 or § 131F shall be deemed in violation of the section.
Other subsections carry their own thresholds. Section 10(h)(1) reaches whoever owns, possesses, or transfers a firearm or ammunition without complying with MGL c. 140, § 129C, punishable by imprisonment in a jail or house of correction for not more than 2 years or a fine of not more than $500, with a second or subsequent violation punishable by not more than 2 years in a house of correction or a fine of not more than $1,000, or both. Section 10(m) covers knowing possession, or control in a vehicle, of a large capacity firearm or large capacity feeding device by a person without a valid LTC under § 131 or § 131F, punishable by imprisonment in a state prison for not less than two and one-half years nor more than ten years; a valid FID is not a defense, but a charged holder of one is not subject to the mandatory minimum. Section 10(c) reaches whoever, except as provided by law, possesses a machine gun as defined in MGL c. 140, § 121 without permission under § 131 of that chapter, and whoever owns, possesses, or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator, or trigger modifier as those terms are defined in § 121; the penalty is imprisonment in the state prison for life, or for any term of years, and any sentence imposed under that paragraph is subject to the minimum requirements of paragraph (a). Section 10(n) adds a consecutive house of correction sentence of not more than two and one-half years where a violation of paragraph (a) or (c) is committed by means of a loaded firearm.
Massachusetts does not offer a permitless path to carrying a firearm. Which credential you need depends on what you are carrying. Carrying any handgun, and any large capacity or semi-automatic firearm, requires an LTC issued under MGL c. 140, § 131, or a temporary license under § 131F. Section 131F is not a general alternative for residents. The colonel of the state police, or persons authorized by the colonel, issues that temporary license to a nonresident or any person not falling within the jurisdiction of a local licensing authority, and issues it to a resident of the Commonwealth for the purposes of sports competition. It is marked "Temporary License to Carry Firearms" and cannot be used to purchase firearms in the Commonwealth. An FID issued under § 129B entitles the holder to carry rifles and shotguns that are neither large capacity nor semi-automatic, and nothing else. MGL c. 269, § 10(a) supplies the penalty when the credential the firearm requires is not in effect and no exemption applies. One exemption matters to visitors: under MGL c. 140, § 129C(k), a nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the Commonwealth, provided the firearm remains in the vehicle and, when outside its owner's direct control, is stored in accordance with § 131C. That provision is not recognition of another state's permit, and the treatment of out-of-state licenses is covered separately. Section 129C(a) permits possession of a firearm or ammunition for a particular purpose and a limited time without a license, permit, or card issued under §§ 129B, 131, 131A, or 131F in three further situations: a person voluntarily surrendering the firearm or ammunition to the colonel of the state police under § 131O; a resident returning after an absence from the Commonwealth of not less than 180 consecutive days, or any new resident moving to the Commonwealth, as to firearms or ammunition already in their possession before the return or move and only for 60 days after the return or entry; and an heir or devisee on the death of the legal owner, for not more than 60 days after the firearm or ammunition is transferred into their possession, who may also sell or transfer it to a duly licensed person within that period under § 128A.
The pieces fit in a fixed order. The applicant obtains a basic firearms safety certificate under § 131P, applies to the local licensing authority defined in § 121, and is measured against the prohibited person and unsuitability tests in § 121F. Because eligibility, denial, renewal, and appeals now run through § 121F rather than § 131, check the current text of each section on the Massachusetts Legislature's General Laws site, and confirm local procedures with the police department serving as your licensing authority.
Massachusetts issues two everyday firearm credentials to residents: the License to Carry (LTC) under M.G.L. c. 140, Section 131, which is the carry credential, and the Firearm Identification Card (FID) under Section 129B, which covers rifles and shotguns that are not large capacity or semi-automatic. Two narrower credentials sit alongside them, the permit to purchase under Section 131A and the temporary license to carry for nonresidents under Section 131F. Section 129C(a) names all four together, as "a license, permit or card under sections 129B, 131, 131A or 131F". DCJIS states the baseline plainly: possessing a gun at home takes a credential. At a minimum that is an FID for rifles and shotguns that are not large capacity, and an LTC for handguns and other large capacity weapons.
Chapter 135 of the Acts of 2024, approved July 25, 2024, struck out and replaced Sections 131 and 129B and inserted a new Section 121F. Section 121F(a) holds the issuance decision for "any firearm license, card or permit issued under sections 122, 122B, 122D, 129B, 131 or 131F". Section 131A is not on that list, and c. 29, Section 2LLL as amended still counts fees under Sections 121F, 131A and 131F separately. The act defers no effective date for Sections 121F, 129B or 131. Its deferral clause, SECTION 159, as enacted read "Sections 38 and 75 shall take effect 18 months after the effective date of this act", which reached the rewrites of Section 125 and Section 131Q. St. 2024, c. 206, SECTION 51 struck that sentence and inserted "Sections 38 and 74 shall take effect 18 months after the effective date of this act". SECTION 74 is the rewrite of Section 131P, the basic firearms safety certificate section, so the deferral moved onto the training requirement. The state has not published one consistent commencement date for it; see "Training certificate" below.
Section 121, as amended, defines "firearm" to cover a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, plus frames, receivers and unfinished frames or receivers, but not antiques or permanently inoperable firearms. A stun gun is therefore a firearm, and sits outside the rifle-and-shotgun entitlement an FID confers.
Chapter 135 SECTION 49 struck Section 131 in full, and subsections (a) through (h) of the replacement carry no class designation and no split between concealed and open carry. There is one License to Carry, with no Class A or Class B subtype to apply for. Credentials issued under the old scheme still stand: SECTION 153 keeps valid licenses to carry, FIDs and licenses to sell in force until expiration, suspension or revocation, and entitles the holder to possess the firearms that credential authorized when it was last issued or renewed.
Section 131(a) entitles the holder to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and the ammunition for them. It does not reach large capacity feeding devices or assault-style firearms unless Section 131M permits it. Section 121, as amended, defines a large capacity feeding device as a magazine, belt, drum, feed strip or similar device holding, or readily convertible to accept, more than 10 rounds or more than 5 shotgun shells, or parts from which one can be assembled in a single person's hands. It excludes devices permanently altered so they cannot exceed those numbers, attached tubular devices that work only with .22 caliber rimfire ammunition, and tubular magazines in lever-action firearms or on pump shotguns. Section 131(f) bars a machine gun license except for a firearm instructor certified by the municipal police training committee, for the sole purpose of instructing police personnel, or a bona fide collector as defined in Section 121; neither exception applies to automatic devices or automatic parts.
Section 131(c) makes the LTC valid to own, possess, purchase and transfer rifles and shotguns that are not large capacity or semi-automatic, consistent with the entitlements an FID confers, so the two cards do not have to be held together.
Section 129B(c) entitles the card holder to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic, plus their ammunition. It does not entitle the holder to transfer, possess or carry any other firearm, including any large capacity firearm and any large capacity or semiautomatic rifle or shotgun. The one exception: the holder may handle those firearms under the direct supervision of an LTC holder at an incorporated shooting club or a licensed shooting range. Otherwise an FID is not valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of any large capacity firearm.
Chapter 135 amended Section 131A in place rather than replacing it, striking the words "rifle or shotgun," from line 10 (SECTION 52). It matters most to FID holders: under Section 128A(b)(iii) and (c)(ii) as rewritten, a transfer or purchase of a firearm outside the non-large-capacity, non-semi-automatic rifle and shotgun class requires the FID-holding transferee to also hold a valid Section 131A permit. Because Section 131A sits outside the Section 121F enumeration, the Section 121F timelines and standards set out elsewhere on this page are written for the other credentials, not for this permit.
Section 131A sets its own terms, and they are discretionary and short. A licensing authority under Section 131 may grant the permit to a person qualified to be granted a license by that authority, other than a minor, only if it appears that the purchase, rental or lease is for a proper purpose, and may revoke the permit at will. The permit is valid for not more than ten days after issue, and the authority may impose restrictions on the caliber and capacity of the firearm to be purchased, rented or leased. The fee is $100, payable to the licensing authority and not prorated or refunded in case of revocation or denial. Knowingly issuing a permit in violation of Section 131A draws a fine of not less than $500 and not more than $1,000 and imprisonment for not less than 6 months and not more than 2 years in a jail or house of correction. The colonel of the state police, or a person the colonel authorizes, grants the parallel permit to a Section 131F licensee, and that version also covers the purchase of ammunition.
EOPSS states the practical effect of the residency element in its November 13, 2025 Guidance #4: an applicant can apply for or renew a firearms license only in the city or town where they reside, and a nonresident goes through the Firearms Records Bureau.
Section 131(d) says the licensing authority shall issue the LTC as provided in Section 121F only if the applicant is neither a prohibited person nor determined to be unsuitable, and requires a personal interview on an initial LTC application. Section 129B(a) says the authority shall issue the FID pursuant to Section 121F on those same two findings. Neither conditions issuance on a stated purpose or a demonstrated need to carry.
Section 121F(j) requires denial to a prohibited person, meaning a person who:
Section 121F(k) permits a denial for unsuitability only on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior suggesting they may create a risk to public safety or a risk of danger to themselves or others, with written reasons. Section 121F(l) takes that power away for the FID: the authority cannot deny an FID application on unsuitability grounds itself, and may instead file a petition asking the district court with jurisdiction to deny it on those grounds. The petition stays the application, and the court decides by a preponderance within 90 days, with suitability entered automatically if no judgment issues in that window.
Section 121F(a) gives the authority 40 days from a completed application to approve or deny in writing, and nothing issues until the colonel of the state police certifies that issuance would not violate state or federal law. Under Section 121F(f), knowingly filing an application containing false information, or knowingly issuing a credential in violation of c. 140, draws a fine of not less than $500 and not more than $1,000, imprisonment for not less than 6 months and not more than 2 years in a house of correction, or both.
Section 121F(u)(1) requires revocation or suspension of a credential under Sections 122, 122B, 122D, 129B, 131 or 131F on any event that makes the holder a prohibited person, and permits it on a later unsuitability determination under Section 121F(k) or on satisfactory proof that the holder violated or permitted a violation of c. 140. For an FID the authority files a district court petition; the petition itself effects the suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court must make within 15 days. Under Section 121F(u)(2) the action must be in writing with reasons, court proceedings do not stay it, and the credential is reinstated only on the termination of all disqualifying conditions.
Section 121F(o) sets the application or renewal fee for any license, card or permit at $100 unless stated otherwise. It drops to $25 for an LTC for active and retired law enforcement officials or government entities acting on their behalf, and to $25 for an FID for a person under 18 or a self-defense spray permit under Section 122D. Section 121F(p) waives the renewal fee for anyone over the age of 70 and for a law enforcement officer applying through their employing agency. Under Section 121F(n), fees go to the issuing licensing authority and are not prorated or refunded on revocation or denial.
Section 131(b) bars issuance of an LTC without a basic firearms safety certificate meeting Section 131P, and Section 129B(b) bars issuance of an FID without a basic firearms safety certificate or other certificate meeting that section. Section 131P as rewritten by Chapter 135 SECTION 74 requires a course curriculum certified by the colonel of state police, a written examination the colonel creates and sets the passing standard for, and live firearms training, and no instructor may issue a certificate to anyone who fails those requirements. The commencement date for that rewrite comes down differently depending on which source you read. The malegislature editor's note on Section 131P gives January 25, 2026, which is 18 months from the July 25, 2024 approval date, citing c. 135 SECTION 159 as amended by St. 2024, c. 206, SECTION 51. EOPSS Guidance #4, issued to licensing authorities on November 13, 2025, instead told them a licensing authority "may continue to" accept a basic firearms safety certificate meeting the prior law's requirements "until section 74 takes effect, on April 2, 2026." Both dates have passed, so the requirements stated above are the operative ones under either reading. A hunter education certificate under c. 131, Section 14 substitutes on an FID application. People lawfully holding an FID or LTC on August 1, 2024 are exempt on renewal, as are people who held a card or license before live firearms training was implemented. Section 131P(a) also exempts officers, agents and employees of the commonwealth or any state, members of the military or other service, and duly authorized municipal law enforcement, so long as a competent authority authorizes the firearm carried and the person acts within the scope of their duties.
Massachusetts does not recognize another state's carry license. A nonresident who wants to carry here needs a temporary license under Section 131F, apart from the narrow in-vehicle allowance in Section 129C(k) below. Chapter 135 amended that section rather than replacing it: SECTION 62 routed eligibility through Section 121F in place of Section 131, and SECTION 61 replaced "alien that resides outside the commonwealth" with "a citizen or national of the United States or a person who maintains legal permanent residency".
The temporary license issues from the colonel of the state police or persons the colonel authorizes, and it is valid for one year, though the colonel may renew it if renewal is necessary. Section 131F allows a term of up to two years for a nonresident whose employer endorses the application and who works for a bank, a public utility corporation, a money-transfer or similar firm, or a firm licensed as a private detective under c. 147, and for a member of the armed services stationed within Massachusetts who has the written consent of their commanding officer. The fee is $100, payable to the licensing authority and not prorated or refunded in case of revocation or denial. The license has to be marked "Temporary License to Carry Firearms" and cannot be used to purchase firearms in the commonwealth; EOPSS Guidance #4 states that a Section 131F holder may not purchase firearms or ammunition here. A large capacity firearm may be carried under it only if that entitlement is clearly indicated on the license. There is no cushion at the end: mass.gov states that nonresident firearms licenses expire one year from the date of issue and that there is no grace period for them, and Guidance #4 confirms the Section 121F(s) grace period does not reach temporary LTCs. Guidance #4 also states that nonresident business owners "are no longer eligible for a license to carry," and that no one may apply for or renew an LTC in a town where they only own a business. Guidance #4 attaches that answer to Section 131(a), which is the entitlement clause and says nothing about residency. The applicant requirement is in Section 131(d), which opens the application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority" along with an officer employed by that authority and a person residing in an area of exclusive federal jurisdiction. Guidance #4 states the same rule directly elsewhere: "Applicants can only apply for or renew a firearms license in the city/town where they reside, or a non-resident of the Commonwealth through the Firearms Records Bureau."
Outside that license, Section 129C sets what a home-state credential is worth:
Section 129C(a) gives a returning resident absent 180 or more consecutive days, and a new resident, 60 days to possess firearms owned before the move, and an heir or devisee 60 days after transfer.
Section 121F(v)(2) lets anyone aggrieved by a denial, revocation or suspension petition the district court with jurisdiction over the city or town where the application was filed or the credential issued, within 90 days of notice or within 90 days after the authority's response deadline passes. That petition is unavailable if a hearing has already been held under Section 131S or 131T, chapter 209A or chapter 258E. Under Section 121F(v)(3), the court may order the credential issued or reinstated on a finding that there was no reasonable ground for the action and that the petitioner is not prohibited by law from holding it.
The rewritten Section 131 and Section 121F say nothing about stamping a purpose restriction on a credential, and DCJIS has answered what becomes of the restrictions printed on licenses issued earlier. In New York State Rifle & Pistol Association v. Bruen, decided June 23, 2022, the Supreme Court held that New York's "proper cause" requirement violated the Second and Fourteenth Amendments, and identified the "good reason" provision of the former M.G.L. c. 140, Section 131(d) as an analogue to it. DCJIS states that on the strength of that decision, any restriction appearing on a license holder's LTC limiting them to carrying only for activities such as hunting, target shooting or employment is no longer enforceable. A holder whose license carries one may contact their licensing authority for a new license before renewal; otherwise, DCJIS states, a future LTC will issue without such restrictions, provided the licensing authority does not deem the applicant a prohibited person or unsuitable under the law. One regulation still on the books runs behind the current statute: the definitions at 515 CMR 3.03 define an LTC as a License to Carry Firearms "which shall include both Class A and Class B licenses", a split the rewritten Section 131 no longer contains.
View this topic on its own page: Permit Basics - Massachusetts
Massachusetts answers the permitless-carry question through a criminal prohibition rather than a grant. MGL c. 269, s. 10(a) reaches knowing possession and knowing in-vehicle control of a firearm, then enumerates the alternatives that take a person outside the offense. Each alternative is presence at a named place, a credential issued under chapter 140, or compliance with a named exemption section. Read against MGL c. 140, ss. 121F, 129B, 129C, 131 and 131F, the answer follows: carrying in the commonwealth runs on a license to carry, and carrying outside the enumerated authorities is the s. 10(a) offense with its mandatory floor.
Section 10(a) opens on "[w]hoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:"
(1) being present in or on his residence or place of business; or
(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or
(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or
(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or
(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B
Clause (1) stands on its own. The list is disjunctive, so a person present in or on his residence or place of business is outside the reach of the s. 10(a) carrying charge without holding anything. The routes that do not run through a license to carry are that presence, compliance with section 129C, and the air rifle or BB gun route under section 12B. Clause (4) carries a dangling cross-reference: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," leaving section 129C as the surviving half of that route.
Section 10(a) then sets a second, parallel enumeration keyed to "a rifle or shotgun, loaded or unloaded," and that list is not identical:
(1) being present in or on his residence or place of business; or
(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or
(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or
(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or
(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of not semiautomatic rifles and shotguns; or
(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B
The divergence sits at clause (4). On the firearm branch it is compliance with sections 129C and 131G. On the rifle and shotgun branch it is a firearms identification card in effect under section 129B, and section 129C reappears at clause (5) tied to ownership or possession of rifles and shotguns that are not semiautomatic. An FID is named on the long-gun branch, not the firearm branch.
The residence and place of business route is a carrying defense, not a licensing exemption, and the subsection says so directly: "The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business." Section 10(a) also states the license defense directly: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."
The penalty clause closing s. 10(a) reads:
shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence
The only relief the subsection states from that floor is a narrow custodial temporary release, granted by the commissioner of correction, to attend a relative's funeral, visit a critically ill relative, or obtain emergency medical or psychiatric service unavailable at the institution. The subsection adds that "Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file," and that the probation authority of MGL c. 276, s. 87 does not apply to a person 18 years of age or older charged under it.
Related gradings sit in the same section. Under s. 10(n), violating paragraph (a) or (c) by means of a loaded firearm draws a further term of not more than 2 1/2 years in the house of correction, from and after the underlying sentence. Under s. 10(m), knowing possession or in-vehicle control of a large capacity firearm or feeding device by a person not exempted by statute, without a valid license under section 131 or 131F, and "except as permitted or otherwise provided under this section or chapter 140," draws state prison for not less than two and one-half years nor more than ten years, with a one year floor on reduction; an FID is not a defense, though a charged holder is not subject to that mandatory minimum. Under s. 10(h)(1), owning, possessing or transferring a firearm or ammunition without complying with section 129C draws not more than 2 years in a jail or house of correction or a fine of not more than $500, and a second or subsequent violation not more than 2 years in a house of correction or a fine of not more than $1,000, or both.
Section 10(a) borrows its definition from MGL c. 140, s. 121, which defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," together with the frame or receiver, and excluding antique and permanently inoperable firearms. The term is not confined to handguns, so the firearm branch of s. 10(a) reaches long guns too.
License to carry, MGL c. 140, s. 131. St. 2024, c. 135, SECTION 49 struck out section 131 and inserted a replacement, which runs only from (a) through (h). Eligibility, denial, suitability, appeals, fees and renewal now live in section 121F, inserted by SECTION 32 of the same act. Chapter 135 was approved July 25, 2024.
Section 131(a) provides that a license "shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," while withholding large capacity feeding devices and assault-style firearms unless permitted under section 131M. Machine guns are named in the section 121 definition of "Firearm" quoted above, but they sit outside what an ordinary license reaches: section 131(f) provides that "No person shall be issued a license to carry a machine gun in the commonwealth," subject to narrow exceptions for a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel, and for a bona fide collector as defined in section 121. Under s. 131(e) a license is valid, unless revoked or suspended, for not more than 6 years from the date of issue, expiring on the anniversary of the licensee's date of birth occurring not less than 5 nor more than 6 years from the date of issue.
Section 131(d) does more than set a residency route. It opens the application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town." The law enforcement route and the exclusive federal jurisdiction route do not depend on residing in the licensing authority's jurisdiction. The licensing authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F," and an initial application requires a personal interview. Section 131(b) adds an independent condition: no license issues unless the applicant submits a basic firearms safety certificate meeting the requirements of section 131P.
Disqualification, MGL c. 140, s. 121F. Section 121F(j) requires denial to a prohibited person, a category built on disqualifying convictions and adjudications, specified mental health and substance use commitments, listed protective and extreme risk orders, an outstanding arrest warrant, absence of citizenship or nationality without lawful permanent residency, and dishonorable discharge. St. 2024, c. 135, SECTION 32, the act that inserted section 121F, ends that enumeration with "(vii) is a fugitive from justice." The codified text of s. 121F(j) stops at clause (vi). Section 121F(k) requires denial to a person the authority determines to be unsuitable, on "reliable, articulable and credible information" that the applicant's behavior suggests they "may create a risk to public safety or a risk of danger to themselves or others."
Firearm identification card, MGL c. 140, s. 129B. Under s. 129B(a), "[a]ny lawful resident 18 years of age or older residing within the jurisdiction of the licensing authority or residing in an area of exclusive federal jurisdiction located within a city or town" may apply. The authority "shall issue pursuant to section 121F if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a card as set forth in said section," which is the same pair of conditions section 131(d) states for the license to carry. A person aged 15 or older but under 18 may be issued a card only on meeting section 121F and submitting a parent's or guardian's certificate of permission; a person 14 years of age may apply but is not issued the card until reaching 15. Section 129B(b) requires a certificate meeting section 131P, and s. 129B(c) caps the entitlement at rifles and shotguns that are not large capacity or semi-automatic, and their ammunition.
Nonresident temporary license, MGL c. 140, s. 131F. A temporary license to carry firearms or feeding devices or ammunition within the commonwealth "shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority," on the same section 121F test. It runs for one year in the ordinary case, subject to renewal by the colonel where renewal is necessary, and carries a $100 fee. One year is not a ceiling. A license issued to a non-resident employed by a bank, a public utility corporation, a firm in the business of transferring monies or a business of similar nature, or a firm licensed as a private detective under chapter 147, whose application is endorsed by the employer, and a license issued to a member of the armed services stationed within the commonwealth who has the written consent of a commanding officer, "may be issued for any term not to exceed two years." A separate track for a non-resident employee of a federally licensed Massachusetts machine gun manufacturer likewise "may be issued for any term not to exceed two years."
Section 129C is the exemption section that s. 10(a) clause (4) incorporates. Subsection (a) permits possession of a firearm or ammunition "for a particular purpose and limited time without being duly issued a license, permit or card under sections 129B, 131, 131A or 131F" by a person voluntarily surrendering to the colonel under section 131O; by a resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any new resident moving to the commonwealth, limited to what was held before the move or return and only for 60 days; and by an heir or devisee for not more than 60 days after transfer, who may also transfer to a duly licensed person under section 128A.
Section 129C(b) covers possession under the direct supervision of a license or card holder, "and only for a particular purpose and limited time," by a retail customer for the purpose of firing at duly licensed target concessions at amusement parks, piers and similar locations; by a professional photographer or writer for examination purposes while in the pursuit of their profession or during the course of a television, movie, stage or other similar theatrical production; and by a person in the presence of a holder of the necessary license or card for the purpose of examination, trial or instruction. Section 129C(f) exempts a person in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction, as to non-large capacity firearms and ammunition, "while in the performance of their official duty or when duly authorized to possess them by their employing agency." Section 129C(g) permits furnishing a minor or person under 21 with a firearm and ammunition for hunting, instruction, recreation and shooting sports where the person furnishing holds the appropriate license, permit or card or is a commissioned, noncommissioned or enlisted member of the listed services in performance of duty.
Section 129C(i) permits a nonresident at least 18 years of age to possess rifles and shotguns that are not large capacity or semi-automatic, and ammunition, where the nonresident holds a permit, card or license from their state of residence with requirements substantially similar to those of the commonwealth for a firearm identification card, as determined by the colonel under s. 129C(l).
Section 129C(j) permits a nonresident at least 18 years of age to possess the same class of long guns to hunt in season with a nonresident hunting license or a substantially similar license from the state of residence, while on a firing or shooting range, while traveling in or through the commonwealth with the firearms unloaded and in a locked container under sections 131C and 131L, or at a showing organized by a regularly existing gun collectors' club or association.
Section 129C(k) states the in-vehicle carry allowance: "A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C." That route states no out-of-state license precondition.
| Credential or route | Age term | Source |
|---|---|---|
| License to carry, s. 131 | 21 years of age or older | s. 131(d) |
| Firearm identification card, s. 129B | 18 years of age or older | s. 129B(a) |
| FID with parent or guardian certificate | 15 or older but under 18 | s. 129B(a) |
| FID application accepted, issuance deferred | 14 years of age | s. 129B(a) |
| Nonresident long-gun allowances, s. 129C(i) and (j) | at least 18 years of age | s. 129C(i), (j) |
Section 121F(t) switches off the carrying offense in a narrow case. A person holding a section 131 license or a section 129B card that is invalid for the sole reason that it expired, "not including licenses and cards that remain valid under subsection (s)," and who is not otherwise disqualified from renewal upon application, "shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." It does not reach a credential revoked or suspended, subject to a pending revocation or suspension, or denied on renewal, except where the revocation or suspension was for failure to give notice of a change of address. It does not apply to section 131F temporary licenses.
Public carry in Massachusetts runs on the license to carry under MGL c. 140, s. 131 or the temporary license under s. 131F, with the FID under s. 129B covering rifles and shotguns that are not large capacity or semi-automatic. Outside those credentials, s. 10(a) leaves presence in or on a residence or place of business, the section 129C exemptions including the nonresident in-vehicle route at s. 129C(k), and the section 12B air rifle and BB gun route. Carrying outside those authorities is the s. 10(a) offense. This section states what the statutes provide and is not legal advice.
View this topic on its own page: Constitutional Carry in Massachusetts
Chapter 140 of the General Laws creates the licenses. Chapter 269 creates the offense of carrying without one. The license to carry firearms (LTC) issues under MGL c. 140, s. 131; the firearm identification card (FID) under MGL c. 140, s. 129B. The criminal prohibition is MGL c. 269, s. 10, with a repeat-offender enhancement at MGL c. 269, s. 10G.
Massachusetts rewrote this framework in 2024. Chapter 135 of the Acts of 2024 struck out section 131 and inserted a replacement (SECTION 49), and inserted five new sections after section 121A, ending with section 121F (SECTION 32). Material describing the old structure of section 131, including lettered subsections running past (h), no longer matches the statute in force.
Section 131 no longer carries the disqualification standards. As restructured it runs only from (a) through (h), and it hands that question off. It keeps two threshold conditions of its own, and both have to be satisfied before section 121F is reached at all.
Who may apply, s. 131(d). The subsection opens the application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town." Twenty-one is the floor for an LTC, and on the residency route the application goes to the licensing authority where the applicant lives. The other two routes do not depend on residing in that jurisdiction. Such a person may apply for an LTC or renewal, "which the licensing authority shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F, provided that upon an initial application for a license to carry firearms, the licensing authority shall conduct a personal interview with the applicant."
Safety certificate, s. 131(b). "No license shall be issued under this section unless the applicant submits with their application a basic firearms safety certificate meeting the requirements of section 131P." That is an absolute condition on issuance, independent of the section 121F grounds. Section 129B(b) imposes the same condition on the FID, with the certificate stated as "a basic firearms safety certificate or other certificate meeting the requirements of section 131P."
Clearing section 121F is therefore necessary but not sufficient. An applicant who is neither a prohibited person nor unsuitable still cannot be issued an LTC without meeting the section 131(d) age and residency terms and submitting the section 131P certificate.
Section 121F is the operative disqualification section for licenses under sections 122, 122B, 122D, 129B, 131 and 131F, and two distinct grounds for denial sit in it.
Prohibited person. Under s. 121F(j) a licensing authority shall deny an application or renewal to a person it determines to be a prohibited person. The categories cover disqualifying convictions and adjudications (felonies, misdemeanors punishable by more than 2 years, violent crimes as defined in section 121, firearms and controlled substances offenses, and misdemeanor crimes of domestic violence as defined in 18 U.S.C. 921(a)(33)); specified mental health and substance use commitments; listed protective, harassment prevention, and extreme risk protection orders, and orders described in 18 U.S.C. 922(g)(8); an outstanding arrest warrant; not being a United States citizen or national and not maintaining lawful permanent residency; and dishonorable discharge. One more category belongs on that list. St. 2024, c. 135, SECTION 32, the act that inserted section 121F, ends the prohibited-person enumeration with "(vii) is a fugitive from justice." The codified text of s. 121F(j) does not carry that clause. It stops at clause (vi), the dishonorable discharge clause, closes on the disjunctive "or," and is followed immediately by subsection (k). The session law and the codified section diverge on this one clause. The 5 year limit s. 121F(j)(i) attaches to several conviction categories is written for the FID, not the LTC.
The mental health and substance use clause is not an unqualified bar, and the relief routes are written into it. Clause (j)(ii)(A) reaches commitment to a hospital or institution for mental illness or alcohol or substance use disorder, "except a commitment pursuant to sections 35 or 36C of chapter 123, unless after 5 years from the date of the confinement the applicant submits with the application ... an affidavit of a licensed physician or clinical psychologist attesting familiarity with the applicant's mental illness or alcohol or substance use disorder and that in the physician's or psychologist's opinion, the applicant is not suffering from a mental illness or alcohol or substance use disorder in a manner that shall prevent the applicant from possessing a licensed firearm." Clause (B), commitment by court order for mental illness, does not apply where the applicant was granted a petition for relief of the order under MGL c. 123, s. 36C and submits a copy of the order with the application. Clause (C), a probate court guardianship or conservatorship for an incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage their affairs, does not apply where relief was granted under MGL c. 215, s. 56C. Clause (D), a commitment for alcohol or substance use disorder under MGL c. 123, s. 35, does not apply where relief was granted under that same section. Each of those three relief routes requires a copy of the court order to be submitted with the application.
Unsuitability. Under s. 121F(k) a licensing authority shall deny an application or renewal to a person it determines to be unsuitable. The statute states the test: "A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others." Such a denial must be in writing and set forth the specific reasons.
Where the preponderance standard applies. Section 121F carries a preponderance standard, but it sits in one place and should not be transplanted onto LTC denials. Under s. 121F(l), for an FID the licensing authority may not deny on unsuitability grounds and may instead petition the district court, which holds a hearing within 90 days. That petition is its only route to an unsuitability denial of an FID. That finding "shall be based on a preponderance of the evidence that there is reliable, articulable and credible information" meeting the same behavioral test, and absent a judgment within 90 days the applicant is automatically deemed suitable. For an LTC, the licensing authority itself makes the unsuitability call under s. 121F(k).
Section 121F(u)(1) also requires revocation or suspension upon any event making a holder a prohibited person, and s. 121F(v)(2) gives an aggrieved applicant or holder 90 days to seek district court review.
These are not tiers of the same permission. They cover different hardware.
Section 131(a) provides that an LTC "shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," while withholding large capacity feeding devices and assault-style firearms unless permitted under section 131M. Section 131(c) adds that an LTC is also valid for rifles and shotguns that are not large capacity or semi-automatic.
Section 129B(c) sets the FID ceiling at rifles and shotguns that are not large capacity or semi-automatic, plus their ammunition. It then states that an FID "shall not entitle a holder thereof to transfer, possess or carry any other firearm including any large capacity firearm, any large capacity or semiautomatic rifle or any large capacity or semiautomatic shotgun except under the direct supervision of a holder of a license to carry firearms at an incorporated shooting club or a licensed shooting range."
Read both against the c. 140, s. 121 definition, which the carrying offense also uses. Section 121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," together with the frame or receiver, and excludes antique and permanently inoperable firearms. The term is not limited to handguns. It includes rifles and shotguns.
The line between the two credentials is therefore not handgun versus long gun. It is drawn by capacity and action. The FID stops at rifles and shotguns that are not large capacity or semi-automatic; anything past that line, including any pistol or revolver, requires the LTC.
Section 131 licenses a person to "carry firearms." It draws no concealed-versus-open distinction, and nothing in section 131 or section 129B grants an affirmative right to carry openly. Manner and place of carry are governed by the restrictions below.
Section 10(a) reaches whoever, except as provided or exempted by statute, "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty" without a listed exemption. Because section 121 defines "firearm" to include rifles and shotguns, that opening clause is broad. Its exemptions are presence in or on his residence or place of business; an LTC in effect under section 131; an LTC in effect under section 131F; having "complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty"; or, as to an air rifle or BB gun, compliance with section 12B. That fourth route carries a dangling cross-reference: St. 2024, c. 135, SECTION 64 repealed section 131G, leaving section 129C as the surviving path. Section 10(a) then sets a second list keyed to "a rifle or shotgun, loaded or unloaded," and that list does include an FID issued under section 129B. The first list does not.
The residence and place of business exemption is not a licensing exemption, and the same subsection says so: "The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business." Being at home or at your business answers the s. 10(a) carrying charge. It does not remove the requirement to hold a card or license in order to have the firearm there at all.
The grading that closes s. 10(a) reads:
shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence
The subsection adds that "Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file," and that MGL c. 276, s. 87 probation authority does not apply to a person 18 or older charged under it. The only stated relief from the 18 month floor is a narrow custodial temporary release for a relative's funeral, a critically ill relative, or emergency medical or psychiatric care unavailable at the institution.
The license defense is stated directly: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."
What section 131F is. Section 131F is the temporary license to carry firearms for non-residents. Its catchline on the Legislature's site still reads "Nonresidents or aliens," but that wording predates the 2024 act and the body no longer matches it: St. 2024, c. 135, SECTION 61 struck the words "alien that resides outside the commonwealth" from the section and inserted "a citizen or national of the United States or a person who maintains legal permanent residency." Section 121F(j)(v) separately makes a person who is neither a citizen nor a lawful permanent resident a prohibited person. Section 131F turns up at four points in section 10: as an exemption in the s. 10(a) list, as one of the two licenses named in the defense just quoted, as a defense to the s. 10(m) large capacity offense, and in the s. 10(k)(4) secure storage defense.
The statute provides that a temporary license to carry firearms or feeding devices or ammunition therefor within the commonwealth "shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority," and, for purposes of firearms competition, to a citizen or national of the United States or a person who maintains legal permanent residency. Issuance turns on the same test as the LTC: only if it appears that the applicant is not a prohibited person and is not determined unsuitable to be issued a license as set forth in section 121F. That routing is recent. St. 2024, c. 135, SECTION 62 struck the reference to section 131 in section 131F and inserted 121F in its place.
The license is valid for one year, and the colonel may renew it if renewal is necessary. The fee is $100, payable to the licensing authority, not prorated and not refunded on revocation or denial. The license must be clearly marked "Temporary License to Carry Firearms" and may not be used to purchase firearms in the commonwealth. A large capacity firearm may be carried under it only where that entitlement is clearly indicated on the license. Two categories of nonresident may receive a term of up to two years: an employee of a bank, public utility corporation, money transfer or similar firm, or a firm licensed as a private detective under MGL c. 147, whose application is endorsed by the employer; and a member of the armed services stationed within the commonwealth who has the written consent of their commanding officer.
Firearms Records Bureau guidance directs applicants to apply in the city or town where they reside, and a person who is not a resident of the commonwealth to apply through the Bureau, appearing in person there for a first nonresident LTC application. Where the section 129C(k) route below is limited to a firearm that stays in the vehicle, a section 131F license is a license to carry, and s. 10(a) and the license defense treat it the same way they treat a section 131 license.
Section 129C carries real weight alongside that defense, because s. 10(a) incorporates it by reference. Section 129C(k) permits a nonresident to carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth, with no out-of-state license precondition, provided the firearm remains in the vehicle and, when outside the owner's direct control, is stored in the vehicle in accordance with section 131C. Section 129C(j) separately covers nonresident possession of rifles and shotguns that are not large capacity or semi-automatic for hunting, ranges, transit, and collector displays. Carrying without a Massachusetts license is therefore not automatically a s. 10(a) offense.
Expired, but not disqualified: s. 121F(t). There is an express statutory escape from the offense described above, and it sits in chapter 140 rather than chapter 269. A person holding an LTC issued under section 131 or an FID issued under section 129B whose license or card is invalid for the sole reason that it expired, and who is not otherwise disqualified from renewal upon application, "shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." The fine replaces the mandatory minimum entirely.
The carve-outs are the whole game. Subsection (t) does not apply to a license or card that has been revoked or suspended, that is the subject of a pending revocation or suspension, or whose renewal application has been denied. The revocation and suspension carve-outs have their own exception: they do not defeat the escape where the revocation or suspension was caused by failure to give notice of a change of address. Subsection (t) also expressly excludes licenses and cards that remain valid under s. 121F(s), which keeps an expired LTC or FID valid for all lawful purposes in three situations. Under (s)(i), where the holder applied for renewal before the expiration date, the license or card stays valid until that application is approved or denied. Under (s)(ii), where the holder is on active duty with the armed forces on the expiration date, it stays valid until release from active duty and for not less than 180 days after, and if renewal is applied for within that period, until the application is approved or denied. Under (s)(iii), it stays valid while the expiration period has not yet exceeded 90 days beyond the stated date, "unless such license to carry or firearm identification card has been revoked or suspended."
Those three routes do not all close at the same point. Only (s)(iii) runs out at 90 days; (s)(i) and (s)(ii) can carry a license well past that. Subsection (t) governs where no (s) route still applies. Finally, (t) is written for section 131 licenses and section 129B cards only. A temporary license under section 131F is not in it.
Aggravated gradings within section 10. Under s. 10(m), knowing possession or vehicle control of a large capacity firearm or large capacity feeding device without a valid LTC under section 131 or 131F carries state prison for not less than two and one-half years nor more than ten years, with a one year floor on reduction and the same bars on suspension, probation, parole, furlough, work release, and good conduct deductions; a valid FID is not a defense, though a charged person holding one is not subject to that mandatory minimum. Under s. 10(n), violating paragraph (a) or (c) by means of a loaded firearm draws a further term of not more than two and one-half years in the house of correction, from and after the underlying sentence. Under s. 10(d), a second offense among paragraphs (a), (b), and (c) draws five to seven years in state prison, a third seven to ten, and a fourth ten to fifteen.
MGL c. 269, s. 10G escalates a violation of s. 10(a), (c), or (h) based on prior convictions. One prior conviction for a violent crime or a serious drug offense carries state prison for not less than three nor more than 15 years (s. 10G(a)); two such priors from separate incidents, ten to 15 years (s. 10G(b)); three from separate incidents, 15 to 20 years (s. 10G(c)). Section 10G(d) applies the same bars on reduction, suspension, probation, parole, furlough, work release, and good conduct deductions until the minimum is served. Section 10G(e) defines "violent crime" by reference to MGL c. 140, s. 121, and "serious drug offense" by reference to listed federal drug statutes carrying a maximum of ten years or more and to comparable MGL c. 94C offenses.
An LTC is not a universal pass. Two subsections of section 10 apply notwithstanding a chapter 140 license.
Educational property, s. 10(j). As amended by St. 2025, c. 14, s. 51, effective August 5, 2025, this paragraph applies "notwithstanding any license obtained by the person pursuant to chapter 140." A person who is not a qualified or qualified retired law enforcement officer under 18 U.S.C. 926B and 926C, and not a currently certified officer under MGL c. 6E, and who carries on their person a firearm, loaded or unloaded, or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college, or university, including student transport, without written authorization from the board or officer in charge, "shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both." The c. 6E route carries a proviso: to qualify for the exemption, the officer's certification "shall not be suspended, limited or restricted and the officer shall be permitted to perform police duties and functions involving firearms in accordance with chapter 6E and the regulations promulgated thereunder."
Prohibited areas, s. 10(k). Added by the 2024 act, s. 10(k)(1) punishes possessing a firearm, loaded or unloaded, in a prohibited area while knowing or reasonably being expected to know the location is one, "by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 21/2 years, or both such fine and imprisonment." Section 10(k)(2) defines "prohibited area" as (i) government-owned, leased, or controlled places used for government administration, judicial or court administrative proceedings, or correctional services, including buildings, grounds, and parking areas, excluding state-owned public hunting land and municipal administrative buildings excluded by vote under MGL c. 4, s. 4; and (ii) a location in use for ballot storage or tabulation, or a polling place or early voting site while open for voting or within 150 feet of its entrance door.
Section 10(k)(4) supplies a defense: a person holding the necessary card or license under sections 129B, 131, or 131F who securely stored the firearm in a vehicle while within the prohibited area, in accordance with sections 131C and 131L. Section 10(k)(5), as amended effective August 5, 2025, exempts certified MGL c. 6E officers, qualified and qualified retired officers under 926B and 926C, and security guards employed at the prohibited area. Two of those exemptions are bounded. The security guard exemption runs only "while at the location of their employment and during the course of their employment," and the c. 6E exemption carries the same proviso as s. 10(j): the certification must not be suspended, limited or restricted, and the officer must be permitted to perform police duties and functions involving firearms under chapter 6E and the regulations promulgated under it. The clause also preserves authority for municipalities, counties, and state entities to restrict firearms further in areas under their control.
In a vehicle, s. 131C. Under s. 131C(a), a loaded firearm carried in a vehicle under a section 129B, 131, or 131F license or a section 129C exemption must be under the person's direct control; violation carries a fine of $500. Section 131C(b) sets a separate and heavier rule for long guns: a large capacity rifle or shotgun possessed in a vehicle under a section 131 or 131F license or a section 129C exemption must be unloaded and secured in a locked container as defined in section 121, and violation carries a fine of not less than $500 nor more than $5,000. On conviction of either, s. 131C(d) requires the licensing authority to revoke the card or license immediately, with no new card or license for 1 year after the revocation date.
School zones, 18 U.S.C. 922(q). Under 922(q)(2)(A) it is unlawful for any individual knowingly to possess a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone. A "school zone" under 18 U.S.C. 921(a)(26) includes ground within a distance of 1,000 feet from the grounds of a public, parochial, or private school. Section 922(q)(2)(B) lists exceptions, including private property not part of school grounds and, at (B)(ii), possession by an individual "licensed to do so by the State in which the school zone is located or a political subdivision of the State," where state or local law requires law enforcement authorities to verify the individual's qualification before the license issues. That exception is keyed to the state where the school zone sits, so an out-of-state license does not satisfy it. Section 922(q)(4) says nothing in the subsection preempts or prevents a State or local government from enacting its own gun free school zone statute, which is why c. 269, s. 10(j) applies on its own terms.
LEOSA, 18 U.S.C. 926B and 926C. Section 926B(a) provides that notwithstanding any other provision of the law of any state or political subdivision, a qualified law enforcement officer carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). Section 926C(a) does the same for a qualified retired officer. Both carry the same two carve-outs at subsection (b): neither supersedes state laws that permit private persons or entities to restrict concealed firearms on their property, or that restrict firearms on any state or local government property, installation, building, base, or park. That second carve-out matters here, because the c. 269, s. 10(k)(2)(i) prohibited-area category is built around government-controlled property. Massachusetts also writes 926B and 926C status into its own exemptions at c. 269, s. 10(j), s. 10(k)(5), and c. 140, s. 131M(e).
Where c. 269, s. 10 carries alternate texts keyed to August 5, 2025, the version described here is the later one. Because s. 10(k)(5) preserves authority to restrict firearms further on government property, confirm local policy alongside the statute. This section states what the statutes provide and is not legal advice.
View this topic on its own page: Massachusetts Concealed Carry Laws
The License to Carry firearms that Massachusetts issues today is governed by MGL c. 140, s. 131 in the form St. 2024, c. 135, SECTION 49 gave it. That section struck the prior version in full and replaced it, providing that "Said chapter 140 is hereby further amended by striking out section 131, as so appearing, and inserting in place thereof the following section:-" The section that took its place opens by declaring that "The issuance and possession of a license to carry firearms shall be subject to the following conditions and restrictions," and then enumerates them, running from subsection (a) through subsection (h).
Those enumerated conditions and restrictions cover the safety certificate requirement in (b), the rifle and shotgun entitlement in (c), who may apply in (d), the license term in (e), machine gun licensing in (f), the address change duty in (g), and the secretary's regulatory authority in (h). Nothing in that enumeration sorts license holders into subtypes, and nothing in it conditions the entitlement on how the licensee carries. The old class designations that Massachusetts license holders once knew do not appear anywhere in the replacement section. One regulation still on the books runs behind the current statute: the definitions at 515 CMR 3.03 define "LTC. License to Carry Firearms which shall include both Class A and Class B licenses," a split the rewritten s. 131 no longer contains.
A license issued before the rewrite stays in force on its own terms. St. 2024, c. 135, SECTION 153 provides that "A valid license to carry a firearm issued under sections 131 or 131F of chapter 140 of the General Laws, a valid firearm identification card under section 129B of said chapter 140 or a valid license to sell under section 122 of said chapter 140, shall remain valid until the expiration, suspension or revocation of said license and shall entitle the holder to possess the firearms authorized by the license at the time it was last issued or renewed." A holder carrying a Class A or Class B card keeps it until it expires or is suspended or revoked, and the statute fixes that holder's entitlement at the firearms the license authorized when it was last issued or renewed.
What the license does is set out in subsection (a):
"A license shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor. The license shall not entitle a holder thereof to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 131M."
The verb the statute uses is "carry," unqualified as to method. The limits subsection (a) places on the entitlement are limits on what may be carried, not on how. So a licensee carrying a handgun where it can be seen is doing what subsection (a) entitles the holder to do, and MGL c. 269, s. 10(a), the offense the license answers, is defeated by an in-effect license without regard to whether the firearm is visible. Limits come from elsewhere. The public way rule for long guns and the prohibited areas are set out below, and s. 10(j) reaches school property on its own terms, so read those together rather than treating any one of them as the whole picture.
Large capacity firearms are inside the subsection (a) entitlement, and carrying one without the license is its own offense. MGL c. 269, s. 10(m) reaches a person not exempted by statute who knowingly has in his possession, or under his control in a vehicle, "a large capacity firearm or large capacity feeding device therefor who does not possess a valid license to carry firearms issued under section 131 or 131F of chapter 140," punishable "by imprisonment in a state prison for not less than two and one-half years nor more than ten years." An FID card is no answer: the paragraph provides that "The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection", and adds that a charged person holding a valid FID card "shall not be subject to any mandatory minimum sentence imposed by this paragraph." Large capacity feeding devices and assault-style firearms sit outside the entitlement unless s. 131M permits the carry.
Subsection (c) adds a second layer: "A license to carry firearms shall be valid to own, possess, purchase and transfer rifles and shotguns that are not large capacity or semi-automatic, consistent with the entitlements conferred by a firearm identification card issued under section 129B." Subsection (f) carves machine guns out, providing that "No person shall be issued a license to carry a machine gun in the commonwealth," subject to narrow exceptions for certain certified firearm instructors and bona fide collectors.
Subsection (d) opens the application to more than in-jurisdiction residents. It reaches "A lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town." Issuance runs through MGL c. 140, s. 121F, and the licensing authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable." An initial application also requires that "the licensing authority shall conduct a personal interview with the applicant."
Non-residents go a different route. MGL c. 140, s. 131F provides that a temporary License to Carry firearms within the commonwealth "shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority," again on a finding that the applicant "is not a prohibited person and is not determined unsuitable." That license is a License to Carry on a different footing from the one s. 131 issues. It "shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary," it "shall be clearly marked 'Temporary License to Carry Firearms' and shall not be used to purchase firearms in the commonwealth as provided in section 131E," and the large capacity entitlement is not automatic: "A large capacity firearm may be carried if the person has been issued a license; provided, however, that this entitlement shall be clearly indicated on the license." A holder of a temporary license should read the card itself rather than s. 131(a) for that entitlement.
The reason the license matters is MGL c. 269, s. 10(a). That subsection reaches whoever, "except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty" without one of the listed conditions, and then repeats the structure for "a rifle or shotgun, loaded or unloaded."
The parallel lists are not identical. The firearm branch defeats liability on "being present in or on his residence or place of business," on an in-effect license to carry under s. 131, on an in-effect license under s. 131F, on "having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty," and on compliance as to an air rifle or BB gun under s. 12B. Read the fourth of those routes with care: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of section 10(a) still names it. The rifle and shotgun branch opens with the same residence, s. 131 and s. 131F items, but its clause (4) reads differently: "having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty." It then carries a clause with no counterpart on the firearm branch: "having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of not semiautomatic rifles and shotguns." That clause, numbered (5) on the long gun branch, is a standalone route for a person holding s. 129C compliance as to a bolt action or other non-semiautomatic long gun, and the air rifle and BB gun item follows it at (6).
The opening item in each list stands on its own. A person "being present in or on his residence or place of business" is outside the reach of s. 10(a) without needing anything else on the list. The subsection separately preserves the FID rule, providing that it "shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business."
A violation is punished "by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction." The statute forecloses relief: the sentence "shall not be reduced to less than 18 months, nor suspended," no person convicted under the subsection is "eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct" until 18 months are served, and prosecutions "shall neither be continued without a finding nor placed on file." A loaded firearm adds a consecutive term. Under s. 10(n), whoever violates paragraph (a) or paragraph (c) "by means of a loaded firearm shall be further punished by imprisonment in the house of correction for not more than 21/2 years, which sentence shall begin from and after the expiration of the sentence for the violation of paragraph (a) or paragraph (c)."
The license operates as an answer within that section. The subsection states that "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section." The phrase "for any purpose" is doing real work: the purpose recorded on the license does not narrow the protection.
Read the closing words as carefully as the opening ones. The safe harbor answers a charge under "this section," and that section is c. 269, s. 10. It says nothing about any other section of chapter 269, so it does not reach c. 269, s. 12D, the public way rule for rifles and shotguns taken up below.
Inside s. 10 the safe harbor is overridden in one place by express language. Paragraph (j), the school grounds offense, opens with a definition of its own, "For the purposes of this paragraph, 'firearm' shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged," and then applies "notwithstanding any license obtained by the person pursuant to chapter 140" to a person who "carries on their person a firearm, loaded or unloaded, or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university, including transport used for students of said institution" without written authorization from the board or officer in charge. Punishment is "a fine of not more than $1,000 or by imprisonment for not more than 2 years or both." The paragraph excepts a qualified law enforcement officer and 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," and, in the text effective August 5, 2025, a law enforcement officer under c. 6E who is currently certified.
The statute that speaks most directly to carrying a long gun openly in public is MGL c. 269, s. 12D, titled "Rifle or shotgun loaded with shells or cartridges; unloaded rifle or shotgun; carrying on public way prohibited; exceptions; punishment."
The s. 10(a) safe harbor does not travel here. It says a licensee shall not "be deemed to be in violation of this section," and s. 12D is a different section. That section opens with a lead-in of its own, "Except as exempted or provided by law," which is the structural twin of the "except as provided or exempted by statute" that opens s. 10(a). Neither lead-in resolves itself, and no statute quoted here resolves the s. 12D lead-in in favor of a License to Carry. The exceptions the section does write out are in subsection (d), below.
Subsection (a) provides that "Except as exempted or provided by law, no person shall carry on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof." The definition it supplies is broad, reaching "any shotgun or rifle having ammunition in either the magazine or chamber thereof," including "a live cartridge, primer (igniter), bullet or propellant powder," and for muzzle loading or black powder arms, powder in the flash pan with a percussion cap and shot or ball. A blank cartridge containing no projectile does not count.
Violation of subsection (a) draws "a fine of not less than $500 nor more than $5,000 or by imprisonment in the house of correction for not more than two years, or by both such fine and imprisonment," and the offender "may be arrested without a warrant." The elevated tier applies "if such rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140," in which case the punishment rises to "a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment." Take that phrase as a quotation of text the legislature has already changed. MGL c. 140, s. 121 defines "Large capacity firearm" and "Large capacity feeding device," and it carries no definition of "large capacity weapon." St. 2024, c. 135, SECTION 140 amends s. 12D "by striking out, in line 30, the word 'weapon' and inserting in place thereof the following word:- firearm." Subsection (b), set out next, already uses the defined term.
Subsection (b) reaches the unloaded long gun: "Except as exempted or provided by law, no person shall carry on his person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case." That violation draws "a fine of not less than $100 nor more than $1,000," with warrantless arrest available. Where the unloaded long gun is a large capacity firearm "and is carried simultaneously with a fully or partially loaded large capacity feeding device," the grading jumps to "a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment." Subsection (b) does not apply "to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law."
Read the exceptions in subsection (d) before assuming a license answers s. 12D. They cover government officers, agents and employees, law enforcement personnel and military or other service members, each required to be "authorized by a competent authority to so carry" and "acting within the scope of his duties or training." The list closes with "a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131." The section also does not apply "to the operation of a shooting gallery, licensed and defined under the provisions of section 56A of chapter 140, nor to persons using the same." Under subsection (c), on conviction "such rifle or shotgun shall be confiscated by the commonwealth."
The hunting exception is narrower than it looks. It runs only while the holder "is lawfully engaged in hunting," and the chapter 131 license it requires is itself conditioned on training: MGL c. 131, s. 14 provides that "It shall be unlawful for any resident or non-resident to hunt for any bird or mammal in the commonwealth unless such person has successfully completed a hunter education course as prescribed by this section, or unless such person has held a license so to hunt, before January 1, 2007."
Note the definitional overlap. MGL c. 140, s. 121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm; provided, however, that 'firearm' shall not include any antique firearm or permanently inoperable firearm." A rifle or shotgun is therefore a firearm under s. 10, while s. 12D writes a separate public way rule keyed to long guns. An antique firearm sits outside the s. 121 definition, and s. 12D supplies a definition of its own that reaches muzzle loading and black powder arms.
Licensing authorities historically wrote purpose restrictions onto licenses. The Department of Criminal Justice Information Services addressed their status after New York State Rifle & Pistol Association v. Bruen, stating that restrictions appearing on a License to Carry, "limiting the license holder to carrying a firearm only for such activities as hunting, target shooting, employment, or the like," are "no longer enforceable." A holder wanting a clean license before renewal "may contact your licensing authority," and on reapplication "you will be provided a new LTC without any such restrictions" absent a prohibited person or unsuitability determination. That answer is about the restrictions printed on a license. It does not reach the place-based restrictions covered below, which MGL c. 269, s. 10(k)(5) expressly preserves.
Suitability is not a one-time gate. MGL c. 140, s. 121F(k) directs a licensing authority to deny an application or renewal "to a person the licensing authority determines to be unsuitable," and sets the standard: "A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others." A denial on that basis requires written notice "setting forth the specific reasons for the determination."
The same standard reaches back at an existing license. Under s. 121F(u)(1), a licensing authority "may also revoke or suspend any license, card or permit" issued under the listed sections "upon a subsequent determination of unsuitability as defined in subsection (k) or upon satisfactory proof that the license, card or permit holder has violated or permitted any violation of this chapter." Neither s. 121F(k) nor s. 121F(u) names a manner of carry as a factor. Both turn on the subsection (k) standard, which is written in terms of behavior suggesting a risk to public safety or a risk of danger.
Prohibited areas. MGL c. 269, s. 10(k)(1) punishes whoever "possesses a firearm, loaded or unloaded, as defined in section 121 of chapter 140, in a prohibited area, and knows or reasonably should know such location is a prohibited area" by "a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 21/2 years, or both such fine and imprisonment." The definition sits at (k)(2). Its clause (i) reaches a place "owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas thereof," with provisos that cut the other way: a prohibited area "shall not include any state-owned public land available to the public for hunting," and "a municipality may vote pursuant to section 4 of chapter 4 to exclude its administrative buildings from being a 'prohibited area'." Clause (ii) reaches a location in use for the storage or tabulation of ballots during the hours voting or tabulation is occurring, and "a polling place or early voting site while open for voting or within 150 feet of the building entrance door to such polling place or early voting site."
Paragraph (k) carries no "notwithstanding any license" clause of the kind paragraph (j) uses. It supplies a defense of its own at (k)(4): "It shall be a defense to a violation of this subsection that a person with the necessary license or card issued under sections 129B, 131 or 131F of chapter 140 to possess the firearm securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140." Clause (5) exempts qualified and qualified retired law enforcement officers and a security guard employed at the prohibited area, and closes with a savings clause that makes the statutory list a floor rather than a ceiling: "Nothing in this paragraph shall limit the authority of any municipality, county or department, division, commission, board, agency or court of the commonwealth to adopt policies further restricting the possession of firearms in areas under their control."
Impairment. MGL c. 269, s. 10H reaches a license holder who "carries on his person, or has under his control in a vehicle, a loaded firearm" while at or above a blood alcohol percentage by weight of eight one-hundredths, or while under the influence of the substances the section lists. Punishment is "a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment."
| Citation | Subject |
|---|---|
| St. 2024, c. 135, SECTION 49 | Struck and replaced MGL c. 140, s. 131 |
| St. 2024, c. 135, SECTION 64 | Repealed MGL c. 140, s. 131G |
| St. 2024, c. 135, SECTION 140 | Amended MGL c. 269, s. 12D, replacing "weapon" with "firearm" |
| St. 2024, c. 135, SECTION 153 | Licenses valid before the rewrite stay valid with the entitlements last issued |
| MGL c. 140, s. 131(a) | What a License to Carry entitles the holder to do |
| MGL c. 140, s. 131(c) | Rifle and shotgun entitlement under the license |
| MGL c. 140, s. 131(d) | Who may apply; issuance through s. 121F |
| MGL c. 140, s. 131F | Temporary License to Carry for non-residents |
| MGL c. 140, s. 121 | Definitions, including "Firearm," "Rifle," "Shotgun" |
| MGL c. 140, s. 121F(k), (u) | Unsuitability standard; revocation and suspension |
| MGL c. 140, s. 131M | Assault-style firearms and large capacity feeding devices |
| MGL c. 269, s. 10(a) | Carrying without a license; grading |
| MGL c. 269, s. 10(j) | Firearms on school, college and university grounds |
| MGL c. 269, s. 10(k) | Possession in a prohibited area |
| MGL c. 269, s. 10(m) | Large capacity firearm or feeding device without a s. 131 or s. 131F license |
| MGL c. 269, s. 10(n) | Consecutive term where paragraph (a) is violated by means of a loaded firearm |
| MGL c. 269, s. 10H | Carrying a loaded firearm while under the influence |
| MGL c. 269, s. 12D | Rifle or shotgun carried on a public way |
| MGL c. 131, s. 14 | Hunter education prerequisite for the license s. 12D(d)(iv) requires |
View this topic on its own page: Massachusetts Open Carry Laws
Most people cannot get a Massachusetts firearm identification card (FID) or license to carry (LTC) without a basic firearms safety certificate. MGL c. 140, § 131P sets out the requirement and its narrow exceptions, and the law behind the certificate has been rewritten. Chapter 135 of the Acts of 2024, "An Act Modernizing Firearm Laws," struck § 131P at SECTION 74 and inserted a new version. The malegislature.gov page labels that replacement "[t]ext of section as amended by 2024, 135, Sec. 74 effective January 25, 2026," and prints the older version as the text effective until that date. The Executive Office of Public Safety and Security tells licensing authorities that section 74 takes effect April 2, 2026. The new version adds a statewide written examination and four curriculum topics the old section never mentioned, the last of them live firearms training.
Under the amended MGL c. 140, § 131P(a), any person applying for a license or card under sections 129B, 131, or 131F must submit a basic firearms safety certificate to the licensing authority, and no FID or LTC application may be accepted or processed without the certificate attached to it. MGL c. 140, §§ 129B(b) and 131(b) repeat the bar from the other direction.
These people are outside the requirement, per § 131P(a):
Each of those three carries a condition: the person must be authorized by a competent authority to carry or possess the firearm and be acting within the scope of their duties. The pre-amendment paragraph letting a current member of the United States military or the Massachusetts National Guard skip the certificate on submitting a copy of their most current military identification form is gone from the amended text.
The non-resident LTC application published by the Department of Criminal Justice Information Services still applies that waiver, so a § 131F applicant should read the form as well as the statute. Item 2 of its instructions says a safety course or certificate is not required if you held a Massachusetts non-resident LTC or Massachusetts resident LTC on or after June 1, 1998, or if you are a current member of the United States Military or the Massachusetts National Guard and submit a copy of your most current military identification. The same item treats a Massachusetts Division of Fisheries and Wildlife hunter education course as a valid substitute for the safety certificate.
Two grandfather clauses sit in the same subsection. Persons lawfully possessing an FID or LTC on August 1, 2024 are exempt from § 131P upon expiration of that card or license and when applying for renewal. Persons possessing an FID or LTC prior to the implementation of live firearms trainings are also exempt from that requirement. EOPSS states the August 1, 2024 exemption differently than the statute does. Its SECTION 152 report says a person issued an FID or LTC on or before August 1, 2024 will not be required to complete the live fire component, including when seeking to renew. The statute exempts the holder from § 131P itself, while the report speaks only to the live fire component, and the statute keys to lawful possession on August 1, 2024 while the report keys to issuance on or before that date.
EOPSS answered the case those two formulations leave in doubt. Guidance #4, its November 13, 2025 memorandum to licensing authorities, firearms instructors, and license holders, takes the question of a card or license issued after August 1, 2024 but before the law became effective on October 2, 2024. The answer is that you will have to take a new basic firearms safety course and complete the live fire requirement when you renew, "but only if you applied for the permit or license after August 1, 2024." For that window EOPSS keys the outcome to the application date.
SECTION 153 of the act protects the credential itself. A valid LTC under § 131 or § 131F, a valid FID under § 129B, or a valid license to sell under § 122 stays valid until it expires or is suspended or revoked, and entitles the holder to possess the firearms the license authorized when it was last issued or renewed. The new curriculum does not reach back into a license already in your pocket.
One substitution survives in narrower form. A certificate issued under MGL c. 131, § 14 for completing a hunter education course still substitutes for the safety certificate, but the amended text limits that to issuance of an FID under § 129B, where the pre-amendment text carried no such limit. The Division of Fisheries and Wildlife administers those courses.
Under MGL c. 140, § 131P(b)(ii), the Colonel of the State Police may certify as a firearms safety instructor a person operating a course whose curriculum provides all of the following:
Items (E) through (H) are the additions. Under § 131P(g), the Executive Office of Public Safety and Security, with the Department of Public Health, develops harm reduction materials the instructor discusses and distributes to every participant. They cover the prevalence of suicide by firearm against other forms of firearms violence, the risks of household firearms, best practices for reducing that risk, where to find more resources, and any additional information the commissioner of public safety and security determines is relevant to the section. That last clause means the list can grow without a further statutory change.
There is also a statewide test. Under § 131P(b)(i), the Colonel, in consultation with the municipal police training committee, promulgates rules on the issuance and form of certificates, including minimum curriculum requirements and examination content, and creates the written examination and its minimum passing requirements for use in all firearm safety courses mandated under the section. Under § 131P(f), the Colonel also produces and distributes public service announcements on safe storage and transportation of firearms under §§ 131C and 131L and on the importance of firearms safety education and training, including where a person can go to get it.
Two dates circulate for the amended § 131P. The date licensing authorities are working to is April 2, 2026.
That cross-reference in the annotation is worth following, because it is what put § 131P on the 18-month clock at all. SECTION 159 of Chapter 135 as enacted reads "Sections 38 and 75 shall take effect 18 months after the effective date of this act." Section 75 is the rewrite of MGL c. 140, § 131Q, not of § 131P. Chapter 206 of the Acts of 2024, the fiscal 2024 supplemental appropriations act approved September 16, 2024, struck that clause at its SECTION 51 and put in its place: "SECTION 159. Sections 38 and 74 shall take effect 18 months after the effective date of this act." Section 74 is the § 131P replacement. That one-digit change is what delays the new curriculum, live firearms training included, instead of leaving it in force already.
The Massachusetts State Police approved course list is keyed to the same changeover. It carries one table of LTC basic firearms safety courses valid April 1, 2026 and a second table valid until April 2, 2026, both "[i]n Accordance with Massachusetts General Law Chapter 140, § 131P and 515 CMR 3.00."
For a certificate already in hand, Guidance #4 covers the near term: a licensing authority may accept a certificate meeting the requirements of the current law and may keep doing so until section 74 takes effect on April 2, 2026. Two carry-forward rules run alongside it. Under 515 CMR 3.05(1)(c), a person licensed after June 1, 1998 who completed a course for an initial FID card or LTC does not have to complete another one or submit another certificate at renewal, and amended § 131P(a) exempts persons who held an FID or LTC before live firearms training is implemented from that training requirement. The narrower question Guidance #4 does not take up is a certificate presented after April 2, 2026 from a course that has come off the approved list. EOPSS records that commenters asked whether people who had already taken a course with live fire would be grandfathered in, and its report gives no answer, so confirm that case with the licensing authority before you apply. For an instructor, a course number can change even when the class does not, so check the current certification number before printing certificates.
The substance of the live fire component was still being built when EOPSS reported. New live fire certification requirements were not finalized and updated courses not yet approved by MSP, which bears primary responsibility for certifying the updated curriculum. Developing minimum standards, such as any standard for caliber or rounds of ammunition, is the report's first recommendation. Commenters at the two required public hearings asked what the minimum acceptable standard is, whether it covers handguns only, and what the passing requirement will be, if any. Treat any specific round count, distance, or scoring standard as unsettled until the Colonel's rules say otherwise.
One caution before the details. 515 CMR 3.00 has not been rewritten for Chapter 135. Its regulatory authority is MGL c. 140, §§ 131O and 131P, but the text still keys its exemptions to June 1, 1998 rather than August 1, 2024, still routes course completions to the State Police in Framingham rather than to DCJIS, still names courses that have come off the current approved list, and says nothing about the written examination or live firearms training the amended statute now requires. Read the rules below as the regulation's rules, and check each one against the amended § 131P.
515 CMR 3.05(2)(a) divides courses by what you are applying for. An FID prerequisite course must use rifles or shotguns as the primary subject matter unless it is an approved LTC course, and an LTC prerequisite course must use pistols or revolvers. The State Police course list says the same: LTC courses on it are approved for issuing FID certificates too.
Under 515 CMR 3.05(2)(b), a curriculum with no firearms law component can still qualify by using guest speakers familiar with firearms laws or by distributing pamphlets, books, or videos prepared by someone who is. Courses not listed in the regulation are approved case by case under 515 CMR 3.05(5) and (6). Note that 515 CMR 3.05(1) still keys its own exemptions to persons licensed on June 1, 1998, while the amended statute uses August 1, 2024. That same subsection carries the renewal rule. Under 515 CMR 3.05(1)(c), a person licensed after June 1, 1998 who completed a basic firearms safety course for an initial FID card or LTC is not required to complete another course or submit another certificate for FID card or LTC renewals, and a certificate issued between June 1, 1998 and October 21, 1998 counts where that course was later certified as an approved course. The regulation also runs the exemption across credentials. Under 515 CMR 3.05(1)(a), a person lawfully licensed with an FID card on June 1, 1998 needs no course or certificate for subsequent FID renewals or for subsequent LTC licensure and renewals, and under 3.05(1)(b) a person lawfully licensed with an LTC on that date needs none for subsequent LTC renewals or for subsequent FID licensure and renewals. These sit alongside the two statutory grandfather clauses in § 131P(a) described above.
515 CMR 3.05(3) and (4) name specific approved courses, and those lists no longer match the roster. The SIG Arms Academy Handgun Orientation Course and the Smith and Wesson Academy Massachusetts Carry Permit Course are still named in the regulation but sit only on the table valid until April 2, 2026, not on the April 1, 2026 table. The roster is the list the State Police currently publish, and it describes itself as issued in accordance with § 131P and 515 CMR 3.00. Before you pay for a course you found in the regulation, check whether it is on the current roster.
Under 515 CMR 3.04(1), you must be properly licensed with an FID card or LTC, you may only instruct on those firearms for which you are licensed, and you must document status as one of the following:
The mechanics:
Section 131P(b)(ii) also requires the Colonel to annually update and post a list of approved instructors on the State Police website. That listing, the instructor application, the approved course list, and 515 CMR 3.00 sit together on the State Police Firearms Safety Instructors Certification Program page. Under 515 CMR 3.02, the regulation does not apply to OLE firearms safety courses exempted under § 131P.
A certified instructor may issue a certificate to a person who successfully completes an approved course, but § 131P(c)(i) bars issuing one to anyone who fails to meet the minimum requirements of the prescribed course of study, including demonstrated competency in the use of firearms through class participation, satisfactory completion of the written examination prescribed by the Colonel, and live firearms training.
Under § 131P(c)(ii), instructors forward copies of the certificates they issue to the Department of Criminal Justice Information Services, certifying each person's satisfactory completion and competency in the ownership and use of firearms, and DCJIS forwards a copy to the applicant. Under § 131P(c)(iii), licensing authorities require a copy concurrently with the application and may query DCJIS to confirm issuance. 515 CMR 3.04(4) still directs instructors to send completion information to the State Police Licensing Unit in Framingham, and that is the regulation running behind the statute. EOPSS gave instructors the operational answer in Guidance #4 on November 13, 2025. Course instructors will be required to upload copies of completed certificates to the MIRCS Portal created by DCJIS, and people who completed the course will get to the certificate through that portal. EOPSS said specific information was forthcoming and that these requirements would not take effect until early 2026.
515 CMR 3.05(7) sets what goes on the certificate: the course title and the fact of approval under 515 CMR 3.05; the purpose, "Valid for FID Card" or "Valid for LTC"; the student's name and date of birth; the completion date; and the instructor's typed or printed name, signature, and certification number.
View this topic on its own page: Training Requirements - Massachusetts
If you live in Massachusetts, you apply for a firearm license to the licensing authority for the city or town where you reside. If you do not, MGL c. 140, § 131F sends you elsewhere: a temporary license to carry is issued by the colonel of the state police, and the state's firearms FAQ says the Firearms Records Bureau issues non-resident LTCs as the designee of the Colonel of the State Police. Either way, under MGL c. 140, § 121F the licensing authority has 40 days from receipt of a completed application under §§ 122, 122B, 122D, 129B, 131 or 131F to either issue the license or deny it and give you the reason in writing. Nothing issues until the colonel of the state police certifies that the available information does not show the issuance would violate state or federal law. The Acts of 2024, Chapter 135 moved the application, denial, fee, renewal notice and appeal rules out of the individual license sections into § 121F. The 6-year license term stayed behind in §§ 131(e) and 129B(d).
Under § 131(b) and § 129B(b) no license or card issues unless you submit a basic firearms safety certificate meeting MGL c. 140, § 131P, and § 131P(a) bars the licensing authority from accepting or processing an application without it attached. Section 131P does not apply at all to officers, agents or employees of the commonwealth or any state, members of the military or other service of any state or the United States, or duly authorized municipal law enforcement officers, agents or employees, each when authorized by a competent authority and acting within the scope of their duties.
Residents file with the police department in the city or town where they reside. Non-residents file with the Firearms Records Bureau. Either can apply online through the MIRCS Unified Gun Portal, which the state offers for both new and renewal applications, and the state says to contact your licensing authority to arrange payment if you file that way. A resident package can instead be mailed or brought in person to the local licensing authority. A non-resident package must be mailed to the Department of Criminal Justice Information Services, Firearms Records Bureau, 200 Arlington Street, Suite 2200, Chelsea, MA 02150, and the state says a non-resident may need an in-person appointment, in which case you are contacted with an appointment date after the application is received.
The state lists what a resident package contains: a complete Resident Firearms License Application, the required application fee, a Massachusetts Basic Firearms Safety Course certificate on new applications only, an affidavit of lost or stolen firearms on all renewals, a form of identification, and any additional documentation your local licensing authority requires. It adds that you may need proof of residence. The non-resident package is a complete Non-Resident License to Carry Firearms Application, the required fee, a safety course certificate on new applications only, and an affidavit of lost or stolen firearms on all renewals.
Section 121F(e) has the licensing authority inquire about you to three offices: to the commissioner of DCJIS as to any disqualifying condition, any prior license information, any record of restraint and application for hospitalization under section 12 of chapter 123, and records of purchases, sales, rentals, leases and transfers of firearms or ammunition; to the commissioner of probation as to any record in the department of probation or the statewide domestic violence record keeping system; and to the commissioner of mental health as to whether you are a suitable person to possess firearms.
If DCJIS returns a section 12 restraint and hospitalization record, the authority must then inquire of the law enforcement agency that submitted it about the circumstances, and must consider those circumstances in deciding suitability. The subsection Chapter 135 added at chapter 123, § 36C(e) requires a second inquiry as well, to the court that ordered or denied the commitment, about the circumstances and the reasons for the order or denial, which matters most if your commitment was denied. You may submit for the authority's consideration an affidavit of a licensed physician, advanced practice registered nurse or clinical psychologist attesting familiarity with your mental illness and that in their opinion you are not impacted by a mental illness in a manner that should prevent you from possessing a firearm.
Documents a law enforcement agency sends to DCJIS about a section 12 restraint may not include any information about or descriptions of the person's medical or psychiatric diagnosis, treatment plans, mental health medications, mental health care providers or other information of a clinical nature. No person is prohibited under §§ 122, 122B, 129B, 131 or 131F due solely to a section 12(a) or 12(b) restraint and application for hospitalization unless the licensing authority determines the person is disqualified or unsuitable under § 121F. That information may be used solely for firearm background checks and may not be disclosed to any other party for any other purpose. A person denied without a court commitment order may, five years after the denial, petition the court that denied the commitment to restore the ability to possess a firearm.
Section 121F(j) requires denial to a prohibited person, which includes a person convicted or adjudicated a youthful offender or delinquent child, here or elsewhere, for a felony, a misdemeanor punishable by imprisonment for more than 2 years, a violent crime as defined in § 121, a violation of any firearms or ammunition law for which a term of imprisonment may be imposed, a violation of a chapter 94C controlled substances law or a substantially similar law elsewhere, or a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33). For an FID under § 129B, the misdemeanor over 2 years, firearms law and controlled substances grounds disqualify only for 5 years after the conviction, adjudication, or release from confinement, probation or parole supervision, whichever is later. The list also reaches a person committed for mental illness or alcohol or substance use disorder, subject to the affidavit and relief routes in clause (ii); a person currently subject to a chapter 209A suspension, surrender or protection order, an order described in 18 U.S.C. 922(g)(8), a chapter 258E harassment prevention order, an extreme risk protection order under §§ 131R to 131Y, or a similar out of state order; a person subject to an outstanding arrest warrant; a person who is not a citizen or national of the United States and does not maintain lawful permanent residency; a person discharged from the armed forces under dishonorable conditions; and a fugitive from justice.
Unsuitability is separate. Under § 121F(k) a denial for unsuitability must rest on reliable, articulable and credible information that you have exhibited or engaged in behavior suggesting that, if licensed, you may create a risk to public safety or a risk of danger to yourself or others, and the authority must state the specific reasons in writing.
Section 121F(l) strips the licensing authority of power to deny an FID on unsuitability grounds. Its only route to an unsuitability denial is to petition the district court, on a written statement of reasons provided to you, which stays the application. That limit reaches unsuitability and nothing else. Under § 121F(j) the authority itself must deny an FID application, or a renewal of one, to a person it determines to be a prohibited person. The court decides on a preponderance of the evidence, and if no judgment of unsuitability is entered within 90 days of the petition, judgment that you are suitable is entered automatically.
Under § 121F(o) the fee for an application or renewal of any license, card or permit is $100 unless the section says otherwise. An LTC for active and retired law enforcement officials, or for government entities acting on their behalf, is $25, as is an FID for a person under 18 or a self-defense spray permit under § 122D. Section 121F(n) makes fees payable to the issuing authority and not prorated or refunded on revocation or denial, and § 121F(p) exempts any person over 70, and any law enforcement officer applying for an LTC or FID renewal through their employing agency, from the renewal fee. Section 131F sets the same $100 fee for a non-resident temporary license, payable to the licensing authority and not prorated or refunded on revocation or denial.
An LTC under § 131(e) and an FID under § 129B(d) each run for not more than 6 years and expire on the anniversary of your date of birth falling not less than 5 nor more than 6 years from issuance, with a February 29 issuance expiring March 1. Under § 121F(r) DCJIS sends notice of expiration not less than 90 days ahead with a renewal form, including an affidavit verifying no firearm has been lost or stolen from your possession since your last issuance or renewal. Section 121F(s) keeps an expired license valid for all lawful purposes if you applied for renewal before the expiration date, until the renewal is approved or denied. It also stays valid for 90 days past the stated expiration date unless it was revoked or suspended, and it stays valid if you are on active duty with the armed forces on the expiration date, through that duty and for at least 180 days after release. Once those windows close, § 121F(t) fines a holder whose license is invalid solely because it expired not less than $100 nor more than $5,000, and section 10 of chapter 269 shall not apply, so a lapse by itself is not charged as unlawful possession. That protection drops away if the license was revoked or suspended for anything other than a late address change, is facing revocation or suspension, or had a renewal application denied. A firearm confiscated on a lapse comes back if you provide proof of reinstatement within 1 year of the confiscation. Report any address change on the DCJIS electronic firearm registration system within 30 days under § 131(g) and § 129B(e), since late notice is cause for revocation or suspension.
None of that renewal relief reaches a non-resident temporary license. Section 121F(s) covers only an expired license to carry issued under § 131 and an expired firearm identification card issued under § 129B, and § 121F(t) closes with a sentence saying the subsection shall not apply to temporary licenses to carry under § 131F. The 90-day window and the fine-instead-of-prosecution treatment are therefore not available on a non-resident license, and the state says there is no grace period for non-resident firearms licenses. Section 131F makes the temporary license valid for one year, and the state says non-resident firearms licenses expire after one year from date of issue. The colonel may renew such a license if the renewal is necessary. Two categories can run longer under § 131F: a non-resident in the employ of a bank, a public utility corporation, a firm engaged in the business of transferring monies or a business of similar nature, or a firm licensed as a private detective under chapter 147, whose application is endorsed by the employer, and a member of the armed services stationed within the territorial boundaries of the commonwealth who has the written consent of the commanding officer. Either may be issued a license for any term not to exceed two years, expiring in accordance with § 131. A temporary license must be clearly marked "Temporary License to Carry Firearms" and may not be used to purchase firearms in the commonwealth as provided in § 131E, and a large capacity firearm may be carried on it only if that entitlement is clearly indicated on the license. Section 131E itself no longer exists: St. 2024, c. 135, SECTION 59 provides that "Section 131E of said chapter 140 is hereby repealed," while section 131F still refers to it. Ask the Firearms Records Bureau what the purchase bar reaches before relying on its scope.
Under § 121F(u)(1) the licensing authority shall revoke or suspend a license, card or permit issued under §§ 122, 122B, 122D, 129B, 131 or 131F on the occurrence of any event that makes the holder a prohibited person as defined in § 121F(j). It may also revoke or suspend on a subsequent determination of unsuitability under § 121F(k), or on satisfactory proof that the holder has violated or permitted any violation of chapter 140. For an FID under § 129B the authority instead files a petition in the district court, and that petition itself effects the suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court must make within 15 days of the filing. Section 121F(u)(2) requires the revocation or suspension to be in writing and to state the reasons, and provides that no pendency of proceedings before the court operates to stay it. A revoked or suspended license may be reinstated only on the termination of all disqualifying conditions.
Under § 121F(v)(2), an applicant or holder aggrieved by a denial, revocation or suspension may petition for judicial review in the district court having jurisdiction where the application was filed or the license was issued. You have 90 days after receiving notice, or 90 days after the time limit for the authority to respond expires, unless a hearing was already held under § 131S or § 131T, chapter 209A or chapter 258E. Section 121F(v)(3) lets the court order the license issued or reinstated on a finding that there was no reasonable ground for the action and that you are not prohibited by law from possessing it.
Under § 121F(f), knowingly filing an application for a permit, card or license under §§ 122, 122B, 122D, 129B, 131 or 131F containing false information draws a fine of $500 to $1,000, or 6 months to 2 years in a house of correction, or both. The same sentence puts whoever knowingly issues any such permit, card or license in violation of chapter 140 at the identical grade, so the provision reaches the issuing side as well as the applicant. Under § 131P(d), knowingly submitting a safety certificate containing false information draws $1,000 to $5,000, or up to 2 years in a house of correction, or both. Under § 131P(e), an instructor who knowingly issues a certificate to someone who did not successfully complete an approved course faces $5,000 to $10,000, or up to 2 years in a house of correction, or both.
Section 131P(c)(ii) as amended has instructors forward copies of issued certificates to DCJIS, which forwards a copy to the applicant. 515 CMR 3.04(4) still directs completion information to the Department of State Police, Licensing Unit, 470 Worcester Road, Framingham, MA 01702. EOPSS Guidance #4 tells instructors that course instructors will be required to upload copies of completed certificates to the MIRCS Portal created by DCJIS, and that individuals who completed the course will have access to the certificate through that portal. Send to DCJIS, and satisfy the regulation as well until it is updated to match.
View this topic on its own page: Application Process - Massachusetts
Massachusetts prices its firearm licenses in the statute itself. The amount is not a local budget decision, and it does not move from one city to the next. One sentence of the General Laws fixes the number, splits it three ways, and tells your police department how much of it they are allowed to keep.
That sentence sits in a section of the General Laws that did not exist before 2024. If you are working from an older guide, a printed application packet, or a police department webpage that has not been rewritten since, check the citation it gives you against the current code. A dollar amount can still be right while the section number attached to it points nowhere.
The fee authority is MGL c. 140, s. 121F, whose official heading reads in part "Process for obtaining permit, card or license ... appeals; fees; expiration; reinstatement." Subsections (n) through (q) carry all of it.
Section 121F was inserted into chapter 140 by SECTION 32 of Chapter 135 of the Acts of 2024, the act titled "An Act Modernizing Firearm Laws," approved July 25, 2024, and it is the section that now carries the fee schedule. Section 131 as it stands today is a short list of conditions running only through subsection (h), and none of those subsections mentions money. Section 129B does not price the FID card either. If a guide sends you to a subsection of s. 131 for the license fee, read the current text of s. 131 before you rely on it.
Section 121F(o) opens with the operative words: "Unless otherwise stated in this section the fee for an application or renewal of ..." and then names the amounts. There is no delegation to the licensing authority, no cap-and-floor arrangement, no local option. The licensing authority collects, and s. 121F(n) directs that fees be "payable to the issuing licensing authority," but the licensing authority does not choose the number.
Every amount below is set in statute, not by a licensing authority. The source column gives the controlling citation and the enactment behind it.
| What you are applying for | Fee | Source and date |
|---|---|---|
| License to Carry (s. 131), new or renewal | $100 | MGL c. 140, s. 121F(o)(i), inserted by St. 2024, c. 135, s. 32, approved July 25, 2024; text retrieved August 13, 2026 |
| Firearm Identification card (s. 129B), applicant 18 or over, new or renewal | $100 | MGL c. 140, s. 121F(o)(i), same enactment and retrieval date |
| Firearm Identification card (s. 129B) for a person under 18 | $25 | MGL c. 140, s. 121F(o)(iii), same enactment and retrieval date |
| License to Carry for active and retired law enforcement officials, or for local, state or federal government entities acting on their behalf | $25 | MGL c. 140, s. 121F(o)(ii), same enactment and retrieval date |
| Self-defense spray permit (s. 122D) | $25 | MGL c. 140, s. 121F(o)(iii), same enactment and retrieval date |
| Permit to purchase, rent or lease a firearm (s. 131A), valid for not more than ten days after issue | $100 | MGL c. 140, s. 131A, first and second paragraphs; text retrieved August 13, 2026 |
| Temporary or non-resident license to carry (s. 131F), one-year term | $100 | MGL c. 140, s. 131F, fourth paragraph; text retrieved August 15, 2026 |
| Initial certification as a firearms safety instructor | $50 | MGL c. 140, s. 131P(b) in the earlier text and s. 131P(b)(iii) as amended by St. 2024, c. 135, s. 74; the figure is identical in both, so the disputed effective date discussed below does not change it; retrieved August 13, 2026 |
| Renewal of firearms safety instructor certification | $10 | MGL c. 140, s. 131P(b) in the earlier text and s. 131P(b)(iii) as amended; the figure is identical in both; retrieved August 13, 2026 |
The $100 figure in s. 121F(o)(i) attaches to "any license, card or permit," which is why the LTC and the adult FID carry the same price. The two $25 categories are the stated exceptions.
Renewal costs the same as an initial application. Subsection (o) prices "an application or renewal" as a single item and never distinguishes between them, so there is no separate renewal schedule to look up.
Massachusetts does not simply hand the fee to the town. Section 121F(o)(i) splits the $100 into three fixed shares:
All four figures in that split, the $100, the $25, the $50, and the $50,000 board allocation, come from MGL c. 140, s. 121F(o)(i), inserted by St. 2024, c. 135, s. 32, text retrieved August 13, 2026.
The $25 law enforcement fee under (o)(ii) and the $25 juvenile FID and spray permit fee under (o)(iii) each split 50 percent to the licensing authority and 50 percent to the General Fund.
The $100 permit-to-purchase fee under s. 131A splits the same way as the license fee: $25 retained by the licensing authority, $50 to the general fund of the commonwealth, and $25 to the Firearms Fingerprint Identity Verification Trust Fund.
Read that $100 against what it buys. The first paragraph of s. 131A provides that such permits "shall be valid for not more than ten days after issue." The same $100 that buys a license to carry good for 5 to 6 years buys a purchase, rent or lease permit good for ten days, and s. 131A adds that the licensing authority "may revoke such permit at will." Budget it per ten-day window rather than per year, and remember that the fee "shall not be prorated or refunded in case of revocation or denial."
Section 121F(n) adds two rules that matter to an applicant. First, the fee "shall not be prorated or refunded in case of revocation or denial." If your application is denied, the money is gone. Second, licensing authorities must deposit all fees into the specified funds quarterly, no later than January 1, April 1, July 1, and October 1 of each year. That second rule is housekeeping for the department, but it tells you the split is enforced rather than aspirational.
Section 121F(p) waives the renewal fee for two groups:
Read the subsection precisely. It exempts these applicants "from the requirement of paying a renewal fee." It is written as a renewal exemption, not a blanket exemption covering a first-time application.
Section 121F(q) adds a narrower waiver on the dealer side: a person holding a license to sell under s. 122 "shall not be assessed any additional fee for a gunsmith's license."
An LTC is valid for not more than 6 years and expires on the birthday anniversary falling not less than 5 nor more than 6 years from the date of issue, under MGL c. 140, s. 131(e). An FID card runs on the same clock under s. 129B(d). Both sections send a license issued on February 29 to a March 1 expiration.
The Department of Criminal Justice Information Services must send you an expiration notice, electronically or by first class mail, not less than 90 days before the license expires, and must enclose or link a renewal form, under s. 121F(r). That form includes an affidavit verifying you have not lost or had stolen any firearm since your last renewal or issuance, plus notice of the penalties that apply if you do not renew and stay in possession of firearms.
Section 121F(s) keeps an expired license alive in three situations: you applied for renewal before the expiration date, in which case the license stays valid until the application is approved or denied; you were on active duty with the armed forces on the expiration date, which extends validity through release plus at least 180 days; or the expiration is not yet more than 90 days past the stated date, unless the license has been revoked or suspended.
Past that, the money consequence is in s. 121F(t). A person in possession of an LTC or FID that is invalid for the sole reason that it expired, who is not otherwise disqualified from renewal, "shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." That fine range comes from MGL c. 140, s. 121F(t), inserted by St. 2024, c. 135, s. 32, approved July 25, 2024, text retrieved August 13, 2026.
The second half of that sentence is the part worth reading twice. Chapter 269, s. 10 is the carrying-without-a-license statute. A person who knowingly possesses a firearm, or knowingly has one under control in a vehicle, without a license in effect under s. 131 or s. 131F and without another listed exemption "shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction." The same subsection adds that the sentence "shall not be reduced to less than 18 months, nor suspended," and that the person is not eligible for probation, parole, work release, or furlough, or for any good conduct deduction, until 18 months have been served. That is MGL c. 269, s. 10(a), text retrieved August 13, 2026. What s. 121F(t) does is replace that exposure, for the expired-license case only, with the $100 to $5,000 fine. That relief does not apply if the license was revoked or suspended, is the subject of pending revocation or suspension, or has had a renewal application denied. The narrow exception in each case is a revocation or suspension caused only by failure to give notice of a change of address.
Expiration also has a hardware cost. An officer who finds a person in possession of a firearm more than 90 days past the stated expiration date must confiscate the firearm and the expired license, forward the license to the issuing authority, and give the person a written inventory and receipt. The confiscated firearm is treated as surrendered under s. 129D, and s. 121F(t) provides that it "shall be returned to the owner if proof of license or permit reinstatement is provided within 1 year of confiscation."
No LTC issues without a basic firearms safety certificate meeting the requirements of s. 131P. That is s. 131(b), flat and unconditional.
Section 131P prices exactly two things, and neither is your class. The Department of State Police "may impose a fee of $50 for initial issuance" of instructor certification "to offset the cost of certifying instructors," and "the fee for certification renewal shall be $10." Those words appear in s. 131P(b) of the earlier text and again, unchanged, in s. 131P(b)(iii) of the text as amended by St. 2024, c. 135, s. 74. Text retrieved from malegislature.gov August 13, 2026.
When that amended text takes effect is not settled, and you should know that before you trust a date you see quoted elsewhere. The editor note on malegislature.gov says the section "as amended by 2024, 135, Sec. 74" is "effective January 25, 2026," pointing to "2024, 135, Sec. 159 as amended by 2024, 206, Sec. 51." EOPSS gives April 2, 2026. Its guidance says a licensing authority may keep accepting certificates under the older requirements "until section 74 takes effect, on April 2, 2026," its legislative report says the live fire requirement "takes effect 18 months after the effective date of the Act, which is approximately April 2, 2026," and the approved basic firearms safety course list published on mass.gov heads its older block of courses "Valid until April 2, 2026."
The section numbering behind that disagreement is settled in the session laws, even if the date is not. Chapter 135 as enacted reads "SECTION 159. Sections 38 and 75 shall take effect 18 months after the effective date of this act," naming section 75 rather than section 74. SECTION 51 of chapter 206 of the Acts of 2024, approved September 16, 2024, struck that section out and inserted in place of it: "SECTION 159. Sections 38 and 74 shall take effect 18 months after the effective date of this act." Section 74, the one that rewrites s. 131P, is therefore the section running on the 18-month clock. What the two agencies still disagree about is where that clock lands, so confirm the date with your licensing authority before you rely on it.
For the money, none of that matters. Both the earlier and the amended text of s. 131P carry the same $50 initial certification fee and the same $10 renewal fee, so the instructor fees are the same figures whichever date controls.
What a student pays for the course is not set anywhere in s. 131P. The statute governs curriculum content, instructor certification, and the certificate itself. The amended text adds a written examination on top of that: s. 131P(b)(i) directs the colonel to "create a written examination and establish minimum requirements to pass said examination that shall be used in all firearm safety courses or programs mandated under this section." The earlier text has no examination. What the statute never governs, in either version, is price. That is left to the instructor. Do not expect a statutory number here, and treat any guide that quotes one as a statutory figure with suspicion.
The Executive Office of Public Safety and Security published its "Legislative Report on the Live Firearm Training Component of the Basic Firearms Safety Certificate Requirement" on July 2, 2025, required by SECTION 152 of Chapter 135 of the Acts of 2024. Its cost analysis reported that "classes without a live fire component ranged in cost from $80 to $150" and "classes with a live fire component ranged from $120 to $199."
Read that with the report's own qualifications attached. It states that "a small subset of courses from across Massachusetts were used in the research," and that at the time of writing "new live fire certification requirements are not finalized and updated courses are not yet approved by MSP." These are observed prices from a limited sample as of July 2025, not a fee schedule and not a cap. The statute that prompted the report directed EOPSS to recommend how to ensure live fire training "does not become cost prohibitive," which is the legislature acknowledging that the requirement carries a price it did not fix.
Live firearms training is now an element of the approved curriculum under s. 131P(b)(ii)(H), and s. 131P(c)(i) conditions the certificate on class participation, satisfactory completion of the written examination prescribed by the colonel, and live firearms training. The two halves of your total cost behave differently. The statutory fees are fixed in s. 121F and change only when the legislature changes them. Course prices are set by each instructor, and the EOPSS ranges above are what a small July 2025 sample was charging rather than a schedule anyone is held to.
Two more dollar figures in s. 131P are penalties, and one of them is aimed squarely at instructors. Under s. 131P(d), a person applying for a license or card who "knowingly files or submits a basic firearms safety certificate to a licensing authority which contains false information" shall be punished by "a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not more than 2 years in a house of correction, or by both." Under s. 131P(e), a firearms safety instructor "who knowingly issues a basic firearms safety certificate to a person who has not successfully completed a firearms safety course approved by the colonel" shall be punished by "a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than 2 years in a house of correction, or by both." Both fine ranges are identical in the earlier and the amended text of s. 131P. Text retrieved August 13, 2026.
The non-resident fee is priced in its own section rather than in the s. 121F schedule. Section 121F(n) names sections 122, 122D, 129B, and 131 when it directs where fees are paid, and it does not name s. 131F, the non-resident and temporary license section, though s. 121F(o)(i) does speak broadly of "any license, card or permit." Section 131F carries its own fee sentence: "The fee for an application for the license shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial." It splits three ways exactly as the resident fee does, with $25 retained by the licensing authority, $50 to the general fund of the commonwealth, and $25 to the Firearms Fingerprint Identity Verification Trust Fund. mass.gov (DCJIS and EOPSS, "Apply for or renew a firearms license," retrieved August 13, 2026) carries the same $100 in its fee table as a "Non-Resident Firearms License" fee.
The renewal cycle costs a non-resident more than the fee alone suggests. Section 131F provides: "Such license shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary." A resident license to carry runs 5 to 6 years under s. 131(e), so a non-resident pays that $100 every year where a resident pays it once per multi-year cycle. Section 131F carries carve-outs from the one-year term. A license issued to a non-resident in the employ of a bank, a public utility corporation, a firm in the business of transferring monies or a business of similar nature, or a firm licensed as a private detective under chapter 147, whose application is endorsed by his employer, or to a member of the armed services stationed within the commonwealth who has the written consent of his commanding officer, "may be issued for any term not to exceed two years." mass.gov adds two practical points: "There is no grace period for non-resident firearms licenses," and "You must apply for a non-resident license to carry firearms through the Firearms Records Bureau," rather than through a local police department (mass.gov, DCJIS and EOPSS, retrieved August 13, 2026).
Any local surcharge, fingerprinting charge, or processing charge. Nothing in s. 121F authorizes one, and no such charge appears in the statutory text. If a licensing authority asks for money beyond the statutory fee, ask which statute authorizes it.
The statute is the fee schedule. Read MGL c. 140, s. 121F(n) through (q) directly at malegislature.gov, confirm the amount that matches your application type, and check whether the s. 121F(p) age or law enforcement renewal waiver applies to you. Bring the s. 121F(b) receipt requirement to mind as well: on receiving your application, the licensing authority must give you a receipt recording your name and address, the date received, the authority that received it, the application type, and whether it is new or a renewal. Keep it. It is your proof of the filing date, and under s. 121F(s)(i) the filing date is what keeps an expiring license valid while the application is pending.
View this topic on its own page: What a Massachusetts Gun License Costs
Massachusetts runs renewals through the same machinery as first-time applications. MGL c. 140, s. 121F(a) governs "a completed application for any firearm license, card or permit issued under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal of the same." This section covers the License to Carry under s. 131, the Firearm Identification Card under s. 129B, and the non-resident temporary License to Carry under s. 131F. Those tracks diverge on term length, on whether an expired credential keeps any validity, and on whether the civil fine in s. 121F(t) is available.
A resident applies to the licensing authority for the place of residence. MGL c. 140, s. 131(d) lets "a lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority," among others, "submit to the licensing authority an application for a license to carry firearms, or renewal of the same," and it attaches the interview requirement to the front end only: "upon an initial application for a license to carry firearms, the licensing authority shall conduct a personal interview with the applicant." MGL c. 140, s. 129B(a) uses parallel language for the FID at age 18 and older. For the residency route, residence is what fixes the venue, and a business address does not open a second one. Section 131(d) also opens the application to "any law enforcement officer employed by the licensing authority" and to "any person residing in an area of exclusive federal jurisdiction located within a city or town," neither of which turns on residing in that jurisdiction. EOPSS Guidance #4 of November 13, 2025 asks "Can I apply for or renew a LTC in the town where I own a business?" and answers "No. Applicants can only apply for or renew a firearms license in the city/town where they reside, or a non-resident of the Commonwealth through the Firearms Records Bureau."
Section 131(e) sets the LTC term: valid, unless revoked or suspended, "for a period of not more than 6 years from the date of issue," expiring "on the anniversary of the licensee's date of birth occurring not less than 5 years nor more than 6 years from the date of issue." A license issued to an applicant born on February 29 expires on March 1. Section 129B(d) sets the same 6-year term for the FID, expiring on the same 5-to-6-year birthday anniversary, but its February 29 rule keys to a different date: "A card issued on February 29 shall expire on March 1."
Non-resident temporary licenses come from elsewhere. MGL c. 140, s. 131F provides that such a license "shall be issued by the colonel of state police, or persons authorized by him," and that it "shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary." One year is not a universal ceiling. The same section provides that a license issued to a non-resident employed by a bank, a public utility corporation, a money-transfer firm or business of similar nature, or a firm licensed as a private detective under chapter 147, "and whose application is endorsed by his employer, or who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of his commanding officer, may be issued for any term not to exceed two years." A separate track for a non-resident employee of a federally licensed Massachusetts machine gun manufacturer likewise runs "for any term not to exceed two years." Both two-year clauses then route the expiration date somewhere else. The employer-endorsed and armed-services license "may be issued for any term not to exceed two years, and said licenses shall expire in accordance with the provisions of section one hundred and thirty-one," and the machine gun manufacturer license "may be issued for any term not to exceed two years and shall expire in accordance with the provisions of section one hundred and thirty-one." Section 131(e) sets expiration on a birthday anniversary falling not less than 5 nor more than 6 years from the date of issue, and neither s. 131F nor s. 131 says how that squares with a term capped at two years. The mass.gov licensing page states that "non-resident firearms licenses expire after one (1) year from date of issue," which describes the ordinary case rather than those two categories.
Section 121F(r) requires the commissioner of the Department of Criminal Justice Information Services to send, electronically or by first class mail, "a notice of the expiration of the license, card or permit not less than 90 days before its expiration," enclosing or linking a renewal form. That form must carry an affidavit, "completed and returned in order to renew," in which "the applicant shall verify that the applicant has not lost or had stolen any firearm," plus information about the penalties for not renewing while remaining in possession of firearms. Section 121F(h) separately requires DCJIS to notify the licensing authority of an expiration "not more than 5 days after the expiration."
Section 121F(a) gives the licensing authority 40 days from receipt of a completed application to approve and issue or to deny and notify the applicant in writing of the reason, and bars issuance "unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law." Section 121F(c) requires the authority to forward the application and fingerprints to the colonel within 7 days, "provided, however, that the taking of fingerprints shall not be required in issuing a renewal if the applicant's fingerprints are on file with the department of the state police." Section 121F(d) gives the colonel 30 days to report any disqualifying criminal record, and s. 121F(e) adds the authority's own inquiries to DCJIS, probation, and mental health.
On mechanics, mass.gov routes renewals to the MIRCS Unified Gun Portal, or by mail or in person to the local licensing authority for residents and to the Firearms Records Bureau for non-residents, and its checklist marks the safety course certificate as required for "new applications only" and the "Affidavit of lost/stolen firearms" as required for "all renewals."
Both s. 131(b) and s. 129B(b) condition issuance on the applicant submitting "a basic firearms safety certificate" meeting the requirements of MGL c. 140, s. 131P. Whether that bites on a renewal turns on which version of s. 131P applies and on when the licensee was first licensed. The version in force before the rewrite grandfathers persons "lawfully possessing a firearm identification card or license to carry firearms on June 1, 1998." St. 2024, c. 135, SECTION 74 moves that date: "Persons lawfully possessing a firearm identification card or license to carry firearms on August 1, 2024, shall be exempt from this section upon expiration of such card or license and when applying for renewal of such licensure as required under this chapter; provided, however, that persons possessing a firearms identification card or license to carry firearms prior to the implementation of live firearms trainings as required in this section shall also be exempt from such requirement." The rewritten curriculum clause at s. 131P(b)(ii) is what adds live firearms training to an approved course.
The State Police regulation issued under s. 131P answers the renewal question more directly than either grandfather clause, and for a licensee who already took the course it points the other way. 515 CMR 3.05(1)(c) provides: "Any person licensed after June 1, 1998 who completed a BFS course for an initial FID card or LTC shall not be required to complete a subsequent statutorily required BFS course or submit a BFS certificate for FID card or LTC renewals." It adds that course completion certificates issued between June 1, 1998 and October 21, 1998 are valid where that course was subsequently certified as an approved BFS course. The exemption also runs across credentials. Under 515 CMR 3.05(1)(a), a person lawfully licensed with an FID card on June 1, 1998 needs no course and no certificate for subsequent FID card renewals or for subsequent LTC licensure and renewals, and under 515 CMR 3.05(1)(b) a person lawfully licensed with an LTC on that date is exempt for subsequent LTC renewals and for subsequent FID card licensure and renewals. 515 CMR 3.00 has not been rewritten for chapter 135. It still keys these exemptions to June 1, 1998 rather than the August 1, 2024 date SECTION 74 uses, and neither the amended s. 131P nor EOPSS Guidance #4 says what becomes of the regulation once the rewrite takes effect.
The effective date of that rewrite has two published answers, and they do not agree. St. 2024, c. 135, SECTION 159 as enacted read "Sections 38 and 75 shall take effect 18 months after the effective date of this act." St. 2024, c. 206, SECTION 51 struck it and inserted "SECTION 159. Sections 38 and 74 shall take effect 18 months after the effective date of this act," redirecting the delay onto the s. 131P rewrite. Both versions key the delay to the same trigger, "the effective date of this act," and the divergence comes from counting the 18 months from two different starting points. The editor's note carried with the statutory text on malegislature.gov gives January 25, 2026, which is 18 months from July 25, 2024. Chapter 135 closes "Approved, July 25, 2024," and the EOPSS live fire report gives the same date for the governor signing the act into law. EOPSS Guidance #4 instead tells licensing authorities they may keep accepting a certificate issued under the prior law "until section 74 takes effect, on April 2, 2026," which is 18 months from October 2, 2024, the date Guidance #4 identifies as when "the law became effective." The EOPSS live fire report lands in the same place, stating that the live fire requirement "takes effect 18 months after the effective date of the Act, which is approximately April 2, 2026." Guidance #4 also states that a person issued an FID or LTC after August 1, 2024 but before the act took effect on October 2, 2024 must take a new course and complete the live fire requirement at renewal, "but only if you applied for the permit or license after August 1, 2024."
Section 121F(o)(i) sets the ordinary figure: unless otherwise stated in the section, the fee for an application or renewal of any license, card or permit "shall be $100."
Two reduced rates sit in the same subsection. Under s. 121F(o)(ii), the fee for "a license to carry firearms issued under section 131 for active and retired law enforcement officials or local, state or federal government entities acting on their behalf shall be $25." Under s. 121F(o)(iii), the fee for "a firearm identification card issued under section 129B for persons under 18 years of age or a self-defense spray permit issued under section 122D shall be $25." Both split the $25 evenly between the licensing authority and the General Fund.
Section 121F(p) waives the charge outright: "Any person over the age of 70 and any law enforcement officer applying through their employing agency for renewal of a license to carry firearms or a firearm identification card shall be exempt from the requirement of paying a renewal fee."
Money paid does not come back: under s. 121F(n), fees are payable to the issuing licensing authority and "shall not be prorated or refunded in case of revocation or denial," and s. 131F sets the same terms for the $100 non-resident temporary license fee.
Section 121F(s) applies, by its terms, to "an expired license to carry firearms issued under section 131 or an expired firearm identification card issued under section 129B." It sets out separate routes, and they do not all run out at the same point.
Under s. 121F(s)(i), the credential stays valid if "the licensee or card holder applied for renewal before the license or card expiration date and shall remain valid until the application for renewal is approved or denied." No outer limit appears in that clause: a licensee who filed on time and then waits six months for a decision is covered for those six months.
Under s. 121F(s)(ii), the credential stays valid if "the licensee or card holder is on active duty with the armed forces of the United States on the expiration date of the license or card; provided, that the license or card shall remain valid until the licensee or card holder is released from active duty and for a period of not less than 180 days following their release; provided, however, that, if the licensee or card holder applied for renewal prior to the end of that period, the license or card shall remain valid for all lawful purposes until the application for renewal is approved or denied."
Under s. 121F(s)(iii), the credential stays valid if "the expiration period has not yet exceeded 90 days beyond the stated date of expiration, unless such license to carry or firearm identification card has been revoked or suspended." That is the 90-day clause, and it governs the licensee who simply let the date pass without filing.
Once the s. 121F(s) routes are exhausted, s. 121F(t) substitutes a civil consequence for a criminal one. A person in possession of an LTC under s. 131 or an FID under s. 129B "whose respective license or card is invalid for the sole reason that it has expired, not including licenses and cards that remain valid under subsection (s), and not otherwise disqualified from renewal upon application, shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply."
That substitution is withheld where the credential has been revoked or suspended, is the subject of a pending revocation or suspension, or has had a renewal application denied. The first two carve-outs carve back: a revocation or suspension "caused by failure to give notice of a change of address" does not cost the holder the exemption. That matters because s. 131(g) and s. 129B(e) require an LTC or FID holder to report a change of address through the DCJIS electronic firearm registration system within 30 days, and make failure to do so "cause for revocation or suspension."
Losing the exemption matters because of what MGL c. 269, s. 10(a) carries. The offense reaches a person who, "except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded," without either "(1) being present in or on his residence or place of business"; (2) "having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty"; (3) "having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty"; (4) "having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty"; or (5) "having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B. Read that route with care: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of section 10(a) still names it." The alternatives are disjunctive, so presence in or on the person's own residence or place of business defeats liability on its own, as does a license in effect under s. 131 or s. 131F. A person who fits none of them is punishable by imprisonment in state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction, with the sentence not reducible below 18 months and not suspendable.
Section 121F(t) also directs what happens in the field. An officer who discovers a person in possession of a firearm after the credential expired, "meaning after 90 days beyond the stated expiration date on the license or card," or after it was revoked or suspended solely for failure to give notice of a change of address, "shall confiscate such firearm and the expired or suspended license or card then in possession," provide a written inventory and receipt, and forward the credential to the issuing authority. The confiscated firearm "shall be considered surrendered and subject to the conditions of section 129D; provided, however, that the confiscated firearm shall be returned to the owner if proof of license or permit reinstatement is provided within 1 year of confiscation." MGL c. 140, s. 129D in turn allows the owner, up to 1 year after surrender, to transfer the firearms and ammunition to a licensed dealer or another eligible person, and sends anything not disposed of within that year to public auction by the colonel of the state police.
Section 121F(t) then closes with a boundary that decides the non-resident case: "This subsection shall not apply to temporary licenses to carry under section 131F."
A holder of a s. 131F temporary license has none of the post-expiration cushion described above. Section 121F(s) reaches only a s. 131 license and a s. 129B card, so a temporary license sits outside it. Guidance #4 asks whether the grace period under s. 121F(s) applies to temporary LTCs and answers "No," and the mass.gov licensing page states that "there is no grace period for non-resident firearms licenses." Because s. 121F(t) excludes temporary licenses by its closing sentence, the civil fine also does not stand in for MGL c. 269, s. 10 here. A lapse that would cost a resident $100 to $5,000 leaves a non-resident with no license in effect under s. 131F and no civil substitute for prosecution. What remains are the other s. 10(a) alternatives set out above. A person present in or on their own residence or place of business is inside clause (1) and outside the offense, and so is a person who has complied with ss. 129C and 131G. Someone carrying outside those alternatives faces the s. 10(a) grading.
Renewal mechanics come from the Firearms Records Bureau, whose application materials state that "renewals will be processed solely by mail" while "subsequent in-person appearances may be required at the discretion of the FRB," that it processes "fingerprint-based background checks annually as required by statute (MGL c. 140, s. 131F) for all new and renewal applications," and that "applicants should apply for renewal a minimum of 90 days in advance."
Section 121F(j) requires a licensing authority to deny an application "or renewal thereof" from a prohibited person, and s. 121F(k) requires denial of a renewal to a person determined unsuitable, on "reliable, articulable and credible information" of behavior suggesting a risk to public safety or a risk of danger to self or others, with written notice setting forth the specific reasons.
The FID is handled differently. Under s. 121F(l), on an FID application or renewal the licensing authority "shall not have the authority to deny an application on the grounds of unsuitability" but may petition the district court, which stays the application. The court must hold a hearing within 90 days of receiving the petition and applies a preponderance standard, and if it has not entered a judgment of unsuitability within 90 days, "judgment that the applicant is suitable for a firearm identification card shall be automatically entered." Section 121F(u)(1) splits the FID off for revocation and suspension too, but not on the same terms. There the licensing authority "shall file a petition to the district court for suspension or revocation of said card, and said petition shall effect such suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court shall make within 15 days of the filing of the petition, after which the procedures and standards of subsection (1) shall apply." The petition stays an FID application under s. 121F(l), but against a card already issued the petition itself effects the suspension or revocation while the court reviews it. Section 121F(u)(2) provides that a revoked or suspended credential "may be reinstated only upon the termination of all disqualifying conditions."
Appeal runs under s. 121F(v)(2). An aggrieved holder may petition for judicial review in the district court "within either 90 days after receiving notice of the denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority shall respond to the applicant." Section 121F(v)(3) lets the court order issuance or reinstatement on a finding that there was no reasonable ground for the action and that the petitioner is not prohibited by law from possessing the credential.
The paperwork carries its own exposure. Under s. 121F(f), knowingly filing an application containing false information is punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 6 months nor more than 2 years in a house of correction, or both. Under s. 131P(d), knowingly submitting a basic firearms safety certificate containing false information is punishable by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not more than 2 years in a house of correction, or both.
View this topic on its own page: Renewing a Massachusetts Firearms License
Massachusetts writes its place-based carry bans into MGL c. 269, s. 10. Paragraph (j) covers schools, colleges and universities. Paragraph (k), added by SECTION 124 of St. 2024, c. 135 (An Act Modernizing Firearm Laws, approved July 25, 2024), created a defined "prohibited area" offense for government, judicial, correctional and election locations. Both paragraphs reach a person holding a Massachusetts license. Paragraph (j) says so in terms, and paragraph (k) gives licensees a storage defense rather than an exemption, so a license to carry is not an answer to either charge.
Related rules sit alongside them. MGL c. 269, s. 12D restricts loaded and uncased long guns on a public way, and MGL c. 140, s. 131C governs how a firearm may ride in a vehicle, supplying the storage conduct that the s. 10(k) defense depends on.
The current text, as amended by St. 2025, c. 14, s. 51 effective August 5, 2025, reaches a person who, outside the officer categories it lists, and "notwithstanding any license obtained by the person pursuant to chapter 140, carries on their person a firearm, loaded or unloaded, or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university, including transport used for students of said institution without the written authorization of the board or officer in charge of the elementary or secondary school, college or university." The penalty is "a fine of not more than $1,000 or by imprisonment for not more than 2 years or both."
Several details drive real decisions:
The August 5, 2025 amendment matters mainly to officers. It added currently certified law enforcement officers under MGL c. 6E, s. 1 to the people outside the prohibition, on two conditions the statute states together: the certification "shall not be suspended, limited or restricted" and "the officer shall be permitted to perform police duties and functions involving firearms in accordance with chapter 6E and the regulations promulgated thereunder."
Paragraph (k)(1) states the offense:
Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of chapter 140, in a prohibited area, and knows or reasonably should know such location is a prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2 1/2 years, or both such fine and imprisonment.
The definition paragraph (k)(1) borrows decides how much of your safe this rule touches. MGL c. 140, s. 121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm," excluding "any antique firearm or permanently inoperable firearm." A prohibited area is closed to every item in that definition. The offense reaches a deer rifle, a shotgun, a stun gun and a bare frame or receiver, not only a carry handgun. The same s. 121 definition drives the snow vehicle rule in MGL c. 90B, s. 26(g) below.
The knowledge element is real: the Commonwealth has to show you knew, or reasonably should have known, that the location was a prohibited area. That is not strict liability. The element turns on what a person in that location reasonably should have known, so posted notice at an entrance and the character of the building bear on it.
Paragraph (k)(2) defines "prohibited area" as any of the following locations:
(i) a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas thereof; provided, however, that a "prohibited area" shall not include any state-owned public land available to the public for hunting and provided further that a municipality may vote pursuant to section 4 of chapter 4 to exclude its administrative buildings from being a "prohibited area"; or
(ii) a location in use at the time of possession for the storage or tabulation of ballots during the hours in which voting or tabulation is occurring or a polling place or early voting site while open for voting or within 150 feet of the building entrance door to such polling place or early voting site.
Several points in that text drive decisions.
Parking areas count. Clause (i) reaches "any part of the buildings, grounds, or parking areas thereof." Pulling into a courthouse or county jail lot with a firearm in the car puts you inside the prohibited area, which is why the storage defense below exists.
Election-site coverage is limited by time and distance. Clause (ii) applies while voting or tabulation is occurring, or while a polling place or early voting site is open for voting, and it extends 150 feet from that building's entrance door. A school gym serving as a polling place is a prohibited area under clause (ii) that day, and its grounds are separately covered by s. 10(j) year round.
Clause (i) carries two carve-outs. A prohibited area "shall not include any state-owned public land available to the public for hunting," and "a municipality may vote pursuant to section 4 of chapter 4 to exclude its administrative buildings from being a 'prohibited area'."
MGL c. 4, s. 4 supplies the mechanism for that second one: "Wherever a statute is to take effect upon its acceptance by a municipality or district, or is to be effective in municipalities or districts accepting its provisions, this acceptance shall be, except as otherwise provided in that statute, in a municipality, by vote of the legislative body, subject to the charter of the municipality, or, in a district, by vote of the district at a district meeting." So the exclusion comes from a vote of the body that serves as the municipality's legislative body, town meeting or city council, subject to the municipal charter, and in a district from a vote at a district meeting. Confirm with the municipality that the vote was actually taken before assuming a town hall is open.
A law enforcement officer "may arrest without a warrant and detain a person found in violation of this subsection" under s. 10(k)(3).
Clause (k)(5), as amended by St. 2025, c. 14, s. 52 effective August 5, 2025, provides that the subsection "shall not apply to" a currently certified law enforcement officer under MGL c. 6E, a qualified or qualified retired law enforcement officer under 18 U.S.C. 926B and 926C, "or to a security guard employed at the prohibited area while at the location of their employment and during the course of their employment." The c. 6E officer exemption carries the same pair of conditions stated above: the certification must not be "suspended, limited or restricted," and the officer must be "permitted to perform police duties and functions involving firearms in accordance with chapter 6E and the regulations promulgated thereunder."
The same clause preserves broader local authority: "Nothing in this paragraph shall limit the authority of any municipality, county or department, division, commission, board, agency or court of the commonwealth to adopt policies further restricting the possession of firearms in areas under their control." A building can be closed to firearms by policy even where s. 10(k) would not reach it.
MGL c. 269, s. 10(k)(4) supplies the defense written into the prohibited-area offense: "It shall be a defense to a violation of this subsection that a person with the necessary license or card issued under sections 129B, 131 or 131F of chapter 140 to possess the firearm securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140."
That defense has moving parts, and getting it wrong is its own offense.
MGL c. 140, s. 131C(a) prohibits carrying a loaded firearm in a vehicle "unless the loaded firearm while carried in the vehicle is under the direct control of the person," with a $500 fine for a violation. Section 131C(b) requires a large capacity rifle or shotgun in a vehicle to be "unloaded and secured in a locked container as defined in section 121," with a fine of not less than $500 nor more than $5,000. Section 131C(c) exempts an officer, agent or employee of the commonwealth, any state or the United States, a member of the military or other service of any state or of the United States, and a duly authorized law enforcement officer, agent or employee of a municipality of the commonwealth, "provided, however, that a person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the firearm so carried or possessed and is acting within the scope of the person's official duties."
MGL c. 140, s. 131L(a) makes it unlawful "to store or keep any firearm in any place unless such firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such firearm inoperable by any person other than the owner or other lawfully authorized user," and adds that a firearm "shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user." Once you leave the firearm in the car and walk into the building, it is stored, and s. 131L applies. Section 131L(b) grades a violation, for a firearm that is not a large capacity firearm or machine gun, at a fine of not less than $1,000 nor more than $7,500 or imprisonment for not more than 1 1/2 years, or both, and for a large capacity or semiautomatic weapon or machine gun at a fine of not less than $2,000 nor more than $15,000 or imprisonment for not less than 1 1/2 years nor more than 12 years, or both.
MGL c. 140, s. 121 defines the container standard as one "capable of being unlocked only by means of a key, combination or similar means, including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox."
This defense is a Massachusetts answer to a Massachusetts offense. It does not travel onto postal property, where 39 C.F.R. 232.1(l) bars storing a firearm as well as carrying one. See the post offices subsection below before you use a post office parking lot as your storage spot.
The license consequence is severe and automatic. Under s. 131C(d), a conviction "shall be reported immediately by the court or magistrate to the licensing authority," the licensing authority "shall immediately revoke the firearm identification card or license," and no new card or license may issue "until 1 year after the date of revocation."
Nonresidents get a narrow allowance under MGL c. 140, s. 129C(k), which permits carry "while in a vehicle lawfully traveling through the commonwealth" so long as the firearm "shall remain in the vehicle" and, if outside the owner's direct control, is stored per s. 131C. That covers transit, not arrival at a prohibited area.
Section 12D is a public-way rule for rifles and shotguns rather than a building rule, and its heading says so: "Rifle or shotgun loaded with shells or cartridges; unloaded rifle or shotgun; carrying on public way prohibited; exceptions; punishment."
Subsection (a) bars carrying on the person on any public way "a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof." Subsection (b) bars carrying an unloaded rifle or shotgun on any public way "unless such rifle or shotgun is enclosed in a case." Both allow warrantless arrest. Subsection (b) does not apply "to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law."
Subsection (d) exempts, among others, government officers, agents and employees including law enforcement personnel and members of the military, where authorized by a competent authority and acting within the scope of duties or training, and "a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131." The section also does not reach the operation of a shooting gallery licensed under MGL c. 140, s. 56A, or persons using it. On conviction, s. 12D(c) requires the long gun to be confiscated and forwarded to the colonel of the state police.
MGL c. 90B, s. 26(g) adds a rule off the roadway: no person may carry a firearm as defined in MGL c. 140, s. 121 "in or on a snow vehicle or recreation vehicle or on a trailer or sled attached thereto" without the required license or card under s. 129B or s. 131 and "in compliance with section 131C of chapter 140." Any violation of that subsection "shall be penalized in accordance with section 131C of chapter 140." Read the revocation consequence carefully here: s. 131C(d) attaches its immediate revocation and one-year bar to "a conviction of a violation of this section," meaning a conviction under s. 131C itself, so do not assume it follows automatically from a s. 26(g) conviction penalized in accordance with s. 131C. The subsection closes with its own carve-outs: "This section shall not apply to a law enforcement officer or other person with enforcement powers authorized in section 32, or to a paraplegic as provided in section 65 of chapter 131."
The Gun-Free School Zones Act, 18 U.S.C. 922(q)(2)(A), makes it unlawful "for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone." Under 18 U.S.C. 921(a)(26) a "school zone" is "in, or on the grounds of, a public, parochial or private school" or "within a distance of 1,000 feet from the grounds" of one, and under 921(a)(27) a "school" is one "which provides elementary or secondary education, as determined under State law." Colleges and universities are outside the federal school-zone definition, though they remain inside MGL c. 269, s. 10(j).
The exceptions in 922(q)(2)(B) include possession "on private property not part of school grounds"; possession by an individual "licensed to do so by the State in which the school zone is located or a political subdivision of the State," where the law requires law enforcement to "verify that the individual is qualified under law to receive the license" before issuing it; possession of a firearm "not loaded" and "in a locked container, or a locked firearms rack that is on a motor vehicle"; possession "by a law enforcement officer acting in his or her official capacity"; and possession of a firearm "that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities." That license exception is keyed to the state where the school zone sits, so a Massachusetts license does not carry it across a state line.
On the verification condition in clause (ii), Massachusetts licensing is run by law enforcement. MGL c. 140, s. 121 defines the "Licensing authority" as "the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them." Under s. 131(d) that authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F," and "upon an initial application for a license to carry firearms, the licensing authority shall conduct a personal interview with the applicant." Under s. 121F(a), "no permit, card or license shall be issued unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law," and s. 121F(c) and (d) route the applicant's fingerprints to the colonel, who searches probation files and statewide and nationwide criminal justice, warrant and protection order systems "including, but not limited to, the National Instant Criminal Background Check System," and inquires of the commissioner of the department of mental health. That is what the statutes require of the issuing authority before a license issues.
Under 18 U.S.C. 924(a)(4), "Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both," and that term "shall not run concurrently with any other term of imprisonment imposed under any other provision of law." The same paragraph classifies the offense: "Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor."
Officers relying on the Law Enforcement Officers Safety Act should read its limit first. Under 18 U.S.C. 926B(b), LEOSA "shall not be construed to supersede or limit the laws of any State that" in clause (1) "permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property" or in clause (2) "prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park." Section 926C(b) is identical for qualified retired officers. Massachusetts writes its own exemptions for those officers into s. 10(j) and s. 10(k)(5).
18 U.S.C. 930 covers ground the state statutes do not. Subsection (a) provides: "Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both." Section 930(g)(1) defines a "Federal facility" as "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties." The test is federal ownership or lease plus federal employees regularly working there, not the sign over the door.
A federal court facility is graded higher. Under 930(e)(1), knowing possession of a firearm or other dangerous weapon in a Federal court facility, or an attempt, is punished by a fine "or imprisoned not more than 2 years, or both." Section 930(g)(3) defines "Federal court facility" as "the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States."
Subsection (d) provides that subsection (a) "shall not apply to" the following: "the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law"; "the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law"; and "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." Do not stretch that last one. Section 930(e)(2) carries only paragraphs (1) and (2) of subsection (d) over to court facilities, so the hunting and other lawful purposes carve-out does not reach a Federal court facility at all.
Two more provisions matter at the door. Section 930(f) preserves each court's own weapons rules: "Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building." And 930(h) requires notice of subsections (a) and (b) posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) at each public entrance to each Federal court facility, and provides that "no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be."
39 C.F.R. 232.1(l) is flat, and it is broader than the state rules in one way that catches people: "Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes."
Read the words "or store the same." The locked-in-the-vehicle answer that works as a defense under MGL c. 269, s. 10(k)(4) does not work here. Leaving a firearm locked in the trunk while you go into the lobby is storing it on postal property. The lot counts: 232.1(a) applies the section to "all real property under the charge and control of the Postal Service," and 232.1(o) describes postal premises as taking in "the grounds, walks, driveways, parking and maneuvering areas."
Section 232.1(a) sets the reach: "This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property." It does not apply to "[a]ny portions of real property, owned or leased by the Postal Service, that are leased or subleased by the Postal Service to private tenants for their exclusive use." It also does not apply, but only "[w]ith respect to sections 232.1(h)(1) and 232.1(o)," to street-frontage sidewalks inside postal property lines "that are not physically distinguishable from adjacent municipal or other public sidewalks, and any paved areas adjacent to such sidewalks that are not physically distinguishable from such sidewalks." That second exclusion is limited to two other paragraphs and does nothing for the weapons rule in (l).
The penalty is in 232.1(p)(2): a person found guilty of violating these rules while on property under the charge and control of the Postal Service "is subject to a fine as provided in 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both."
36 C.F.R. 2.4(a) points back at Massachusetts law rather than away from it: "None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit if: (1) The individual is not otherwise prohibited by law from possessing the firearm; and (2) The possession of the firearm is in compliance with the law of the State in which the National Park System unit is located." In a Massachusetts park unit that routes you straight back to s. 10(j), s. 10(k) and the vehicle rules in c. 140, s. 131C and s. 131L.
Read the rest of the regulation against that. Section 2.4(c) prohibits "[c]arrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation," but 2.4(c) is a provision "in this section," which is the language 2.4(a) disables. Read 2.4(a) closely on what it protects. It is written throughout in terms of possession: it bars enforcement "to prohibit an individual from possessing a firearm" where that individual is not otherwise prohibited by law and the possession complies with the law of the State the unit sits in. So 2.4(c) is not enforceable against a state-compliant person to prohibit possessing a firearm. Subsection (c) also prohibits carrying, and 2.4(a) says nothing about carrying, so do not assume the protection reaches that limb. Treat a loaded firearm carried in a vehicle inside a park unit as unresolved on this text and keep it unloaded and stored under MGL c. 140, § 131C unless you have confirmed otherwise.
Section 2.4(g) is different, and it does still bear on a Massachusetts carrier: "[t]he carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited." It reaches conduct that already violates state or federal law, so 2.4(a) does not disable it. In practice that means the Massachusetts rules stated elsewhere on this page continue to apply inside a park unit.
Section 2.4(h) sets the geography: these regulations "apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States." Note also the limit of what 2.4(a) reaches. It disables enforcement of provisions "in this section or any regulation in this chapter," which leaves 18 U.S.C. 930 untouched, so a federal building inside a park unit is still a Federal facility.
| Conduct | Statute | Penalty |
|---|---|---|
| Carrying a firearm or other dangerous weapon in a school, college or university building, on its grounds, or in student transport, without written authorization | MGL c. 269, s. 10(j) | Fine of not more than $1,000, or imprisonment for not more than 2 years, or both |
| School official or faculty member failing to report a s. 10(j) violation | MGL c. 269, s. 10(j) | Misdemeanor, fine of not more than $500 |
| Possessing a firearm in a prohibited area, knowing or reasonably having reason to know it is one | MGL c. 269, s. 10(k)(1) | Fine of not more than $1,000, or house of correction not more than 2 1/2 years, or both |
| Carrying a loaded rifle or shotgun on a public way | MGL c. 269, s. 12D(a) | Fine of $500 to $5,000, or house of correction not more than 2 years, or both; if a large capacity weapon, fine of $1,000 to $10,000, or imprisonment 1 to 10 years, or both |
| Carrying an unloaded, uncased rifle or shotgun on a public way | MGL c. 269, s. 12D(b) | Fine of $100 to $1,000; if a large capacity firearm carried with a fully or partially loaded large capacity feeding device, fine of $1,000 to $10,000, or imprisonment 1 to 10 years, or both |
| Loaded firearm in a vehicle not under the person's direct control | MGL c. 140, s. 131C(a) | Fine of $500, plus immediate license revocation and a 1 year bar on reissue under s. 131C(d) |
| Large capacity rifle or shotgun in a vehicle not unloaded and in a locked container | MGL c. 140, s. 131C(b) | Fine of $500 to $5,000, plus immediate license revocation and a 1 year bar on reissue under s. 131C(d) |
| Storing or keeping a firearm that is not secured in a locked container or locked by a properly engaged safety device | MGL c. 140, s. 131L(b) | Fine of $1,000 to $7,500, or imprisonment not more than 1 1/2 years, or both; if a large capacity or semiautomatic weapon or machine gun, fine of $2,000 to $15,000, or imprisonment 1 1/2 to 12 years, or both |
| Possessing a firearm in a federal school zone | 18 U.S.C. 922(q)(2)(A), 924(a)(4) | Fine, imprisonment not more than 5 years, or both; sentence cannot run concurrently; deemed a misdemeanor for the purpose of any other law |
| Knowingly possessing a firearm or other dangerous weapon in a Federal facility other than a Federal court facility | 18 U.S.C. 930(a) | Fine under title 18, or imprisonment not more than 1 year, or both |
| Knowingly possessing a firearm or other dangerous weapon in a Federal court facility | 18 U.S.C. 930(e)(1) | Fine under title 18, imprisonment not more than 2 years, or both |
| Carrying or storing a firearm or other dangerous or deadly weapon on postal property | 39 C.F.R. 232.1(l), (p)(2) | Fine as provided in 18 U.S.C. 3571, or imprisonment not more than 30 days, or both |
A Massachusetts license to carry no longer comes with purpose restrictions. The Department of Criminal Justice Information Services, on its Firearms License and Transaction Frequently Asked Questions page, states that after New York State Rifle & Pistol Association v. Bruen, "any restrictions appearing on any license holder's License to Carry ('LTC') - limiting the license holder to carrying a firearm only for such activities as hunting, target shooting, employment, or the like - are no longer enforceable," and that a holder may contact the licensing authority for a new license reflecting that change.
What the license does not do is override s. 10(j) or s. 10(k). Both bind licensees on their face, and MGL c. 140, s. 131 as replaced by SECTION 49 of St. 2024, c. 135 now runs only from (a) through (h) with no place-based carve-out of its own.
There is one sentence in s. 10 that reads the other way, and it is worth confronting rather than ignoring: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section." Paragraph (j) answers it on the face of the text, because that offense applies "notwithstanding any license obtained by the person pursuant to chapter 140." Paragraph (k) does not use those words. It treats licensees as covered a different way, by giving "a person with the necessary license or card issued under sections 129B, 131 or 131F of chapter 140" the secure-storage defense in (k)(4), which would have nothing to do if a license already put the holder outside the offense.
View this topic on its own page: Where You Cannot Carry a Firearm in Massachusetts
Massachusetts puts the in-vehicle rule in its own statute. MGL c. 140, s. 131C, "Carrying of firearms in a vehicle," runs to four subsections. Two of them carry the rules a licensed carrier meets most often, and they do different work. Subsection (a) governs a loaded firearm and turns on direct control. Subsection (b) governs a large capacity rifle or shotgun and turns on being unloaded and locked up. Firearm is a defined term that now includes rifles and shotguns, so subsection (a) is not a handgun rule. They reach different license classes and are not one rule.
This page covers carrying on your person or having a firearm under your control in a vehicle, what changes when it leaves your control, and the rule for a non-resident driving through. For moving firearms generally, including long guns, recreation vehicles and the federal interstate transport rule, see the transport section.
MGL c. 140, s. 131C(a) provides: "No person carrying a loaded firearm under a license issued pursuant to section 129B 131 or 131F or through an exemption under section 129C shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person. Whoever violates this subsection shall be punished by a fine of $500."
MGL c. 140, s. 131C(b) provides: "No person possessing a large capacity rifle or shotgun under a license issued pursuant to section 131 or 131F or through an exemption under section 129C shall possess the large capacity firearm in a vehicle unless the large capacity firearm is unloaded and secured in a locked container as defined in section 121. Whoever violates this subsection shall be punished by a fine of not less than $500 nor more than $5,000."
Which firearms subsection (a) reaches is settled by a definition, and the definition changed in 2024. St. 2024, c. 135, s. 20 struck the old definition of "Firearm" in MGL c. 140, s. 121 and put a new one in its place. Firearm now means "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," along with the frame or receiver of any such firearm, and excluding an antique or permanently inoperable firearm.
Rifles and shotguns sit inside that definition. Section 121 opens "As used in sections 122 to 131Y, inclusive," so that definition governs section 131C and section 131L by its own terms. Subsection (a) is therefore not the handgun rule and subsection (b) is not the long gun rule. Subsection (b) reaches only a large capacity rifle or shotgun. A loaded rifle or shotgun that is not large capacity is governed by subsection (a), so the condition s. 131C puts on it is direct control rather than subsection (b)'s unload-and-lock requirement. That is a condition, not a permission. The authority to have the long gun in the first place still has to come from an FID under s. 129B, a license under s. 131 or s. 131F, or an exemption under s. 129C. Once that rifle or shotgun leaves the vehicle it runs into a different statute: MGL c. 269, s. 12D(a) bars carrying a loaded rifle or shotgun "on his person on any public way." Section 12D(a) is written in terms of carrying "on his person on any public way." Section 131C is the statute written for the vehicle. Neither section says whether a person seated in a car on a public road is carrying on their person on a public way, so do not assume s. 12D drops away the moment you are inside the vehicle. Meet the s. 131C condition, and treat s. 12D as live the moment the long gun is on your person outside the car.
One s. 121 definition turns on the vehicle itself, and it can move a gun from subsection (a) into subsection (b) while you are driving. "Large capacity firearm" includes any firearm that "(ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle." A semiautomatic that is not otherwise a large capacity firearm becomes one under that clause when the gun and a detachable large capacity feeding device are under the same person's control in the car. That is what pulls in subsection (b)'s unload-and-lock command, and MGL c. 269, s. 10(m) separately reaches a person who "knowingly has under his control in a vehicle, a large capacity firearm or large capacity feeding device therefor" without a license to carry under s. 131 or s. 131F. The designation is a secondary one under the same definition, and it does not apply to a firearm that operates by manual bolt, pump, lever or slide action, that is a single-shot firearm, that has been permanently modified so it can no longer be designated large capacity, or that is an antique, relic, theatrical prop or other firearm not capable of firing a projectile.
Read the license lists closely. Subsection (a) names s. 129B, the firearm identification card, alongside s. 131 and s. 131F. Subsection (b) does not name s. 129B at all. That asymmetry is not a drafting slip. Under MGL c. 140, s. 129B(c), an FID "shall entitle a holder thereof to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic," and "shall not entitle a holder thereof to transfer, possess or carry any other firearm including any large capacity firearm, any large capacity or semiautomatic rifle or any large capacity or semiautomatic shotgun," outside supervised range use. The same subsection closes with the sentence that speaks directly to moving one: "Except as otherwise provided herein, a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of any large capacity firearm." An FID holder has no lawful path to a large capacity long gun, so s. 131C(b) has no reason to name it.
The amendment history says the same thing more directly. St. 2024, c. 135, s. 54 amended s. 131C by inserting the number 129B after the word "section" in line 2, which is subsection (a). Section 55 of the same act inserted the words "or through an exemption under section 129C" in lines 2 and 7, reaching both subsections. The legislature amended both subsections when it meant to and added s. 129B to subsection (a) alone. The missing comma in "section 129B 131 or 131F" is an artifact of inserting a bare number after the word "section," and the only available reading is a three-item list.
Neither subsection grants carry authority. Section 131C conditions carry that is already authorized somewhere else, by a license under s. 131 or s. 131F, by an FID under s. 129B, or by an exemption under s. 129C. If that authority is missing, the charge is not a s. 131C fine. It is MGL c. 269, s. 10.
Section 131C(c) exempts specified government, military and municipal law enforcement personnel who are "authorized by a competent authority" and acting within official duties. Section 131C(d) attaches a licensing consequence to any conviction: the licensing authority "shall immediately revoke the firearm identification card or license of the person convicted," and no new card or license may issue "until 1 year after the date of revocation."
MGL c. 140, s. 121 defines "Secured in a locked container" as "secured in a container that is capable of being unlocked only by means of a key, combination or similar means, including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox and for purposes of a common carrier in the course of the regular and ordinary transport of firearms, locked access to any area containing firearms."
Executive Office of Public Safety and Security guidance on the 2024 Act answers the obvious follow-up. Asked whether that definition includes a locked vehicle, EOPSS states: "No. However, the definition does include a locked, secure container inside of a vehicle, such as a locked glovebox, locked console, or locked trunk inaccessible from the passenger compartment."
Locking the car doors satisfies nothing. The container has to sit inside the vehicle and lock on its own.
An LTC under MGL c. 140, s. 131(a) entitles the holder "to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," but not "to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 131M."
For the LTC holder driving with a loaded handgun, s. 131C(a) supplies the operative condition: the loaded firearm must be under the person's direct control while carried in the vehicle. The statute does not define direct control, and it does not require a licensee to unload or lock away a loaded handgun that is under direct control in the vehicle. Because the statute sets no method, carrying on the body in a holster is the conservative practice rather than a statutory standard.
Section 131C(b) turns entirely on the firearm. For a large capacity rifle or shotgun, direct control does not help. That firearm has to be unloaded and secured in a locked container as defined in s. 121, and an LTC holder driving it around is squarely inside the subsection. A rifle or shotgun that is not large capacity falls outside subsection (b) and back under subsection (a), where the condition is direct control.
MGL c. 269, s. 10(a) closes with its own protection: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."
The moment you step out and the firearm stays behind, you are storing it, and MGL c. 140, s. 131L takes over.
Section 131L(a) makes it "unlawful to store or keep any firearm in any place unless such firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such firearm inoperable by any person other than the owner or other lawfully authorized user." The same subsection supplies the hinge: a firearm "shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user."
That is the whole transition. Under your control, it is carrying and s. 131C(a) governs. Out of your control, it is storage under s. 131L, and the container has to be a real one inside the car.
The prohibited area statute uses the same structure. MGL c. 269, s. 10(k)(1) punishes possessing a firearm in a prohibited area where the person "knows or reasonably should know such location is a prohibited area." Section 10(k)(4) makes it a defense that a person holding the necessary license or card under s. 129B, s. 131 or s. 131F "securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140." That is how a licensed carrier lawfully drives onto ground where carrying is barred. The exemption clause at s. 10(k)(5) was amended by St. 2025, c. 14, s. 52, effective August 5, 2025, and that amended text is operative.
MGL c. 269, s. 10(a) reaches whoever "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded," absent a listed exception such as being in or on his residence or place of business, holding an LTC under s. 131 or s. 131F, or having complied with MGL c. 140, s. 129C and s. 131G. One half of that fourth route no longer exists: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of section 10(a) still names it. A parallel clause reaches whoever knowingly "has under control in a vehicle" a rifle or shotgun without one of its own listed bases, such as being in or on his residence or place of business, an LTC under s. 131 or s. 131F, an FID under s. 129B, or compliance with s. 129C.
The phrase "under his control in a vehicle" does the heavy lifting. It is not limited to what is on your body. Section 10 does not define control, and s. 10(o) defines only "loaded," but a firearm within reach in the passenger compartment of a car you are driving is the case that language most plainly covers.
The grading is severe. A s. 10(a) violation carries "imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction." The sentence "shall not be reduced to less than 18 months, nor suspended," and probation, parole, work release, furlough and good conduct deductions are unavailable until 18 months are served. Prosecutions "shall neither be continued without a finding nor placed on file."
MGL c. 269, s. 10(m) runs the same control-in-a-vehicle language for large capacity items: a person "who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity firearm or large capacity feeding device therefor" without a valid LTC under s. 131 or s. 131F faces "imprisonment in a state prison for not less than two and one-half years nor more than ten years." An FID is expressly not a defense, though an FID holder charged under the paragraph escapes the mandatory minimum. Section 10(n) adds a consecutive house of correction term of up to two and one-half years where the paragraph (a) violation was "by means of a loaded firearm," and s. 10(o) defines "loaded" for the section as "ammunition is contained in the weapon or within a feeding device attached thereto."
MGL c. 140, s. 129C(k) is the non-resident in-vehicle rule: "A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C."
Two limits sit inside that sentence. The firearm stays in the vehicle, so the allowance ends at the door. And once it is outside the owner's direct control it has to be stored per s. 131C, which for a large capacity rifle or shotgun means unloaded and in a locked container as s. 121 defines it.
For any other firearm, that referral leads nowhere useful. Subsection (b) is the only part of s. 131C carrying a locked container rule, and it reaches only a large capacity rifle or shotgun. Subsection (a) states no storage standard at all. It forbids carrying a loaded firearm in a vehicle unless the firearm is under the person's direct control. So the non-resident who parks and walks away from a loaded handgun does not get a compliance path out of s. 131C. What is left is the s. 131C(a) prohibition. What avoids exposure is unloading the firearm and securing it in a locked container inside the vehicle, which under the s. 121 definition includes a locked glovebox, a locked console, or a locked trunk not accessible from the passenger compartment, and which is also what s. 131L(a) requires of a firearm no longer carried by or under the control of its owner.
The agency text and the statute diverge on exactly this point, so read both. EOPSS block quotes subsection (k) in its answer to question 36 and renders the referral as storage "in accordance with sections 131C and 131L." The codified text of s. 129C(k) and the session law that created it both say "in accordance with section 131C." The statute is what controls. The two-section formula is still the safe course, because s. 131L supplies the storage standard that s. 131C alone does not, and because the legislature itself used that same two-section formula in the neighboring s. 129C(j)(iii) and in MGL c. 269, s. 10(k)(4).
The harder limit is what "traveling through the commonwealth" means, and that same question 36 answers it in two parts that belong together. Restrictive: "Going to your workplace would not be 'traveling through the commonwealth' under Commonwealth v. Marquis, 494 Mass. 434 (2025)." Permissive, in the same answer: "Brief stops incidental to travel appear to be permissible provided the firearm is properly secured in the vehicle."
Reading those two halves together, subsection (k) works as a pass-through provision rather than a commuting provision. That is a conclusion drawn from the Marquis result EOPSS states, not a phrase from the statute, and the brief-stops allowance in the same answer stays part of it.
The LTC route is also closed to most non-residents. Asked whether non-resident business owners are eligible, EOPSS answers that they "are no longer eligible for a license to carry." The operative statutory limit is the applicant clause. MGL c. 140, s. 131(d) limits LTC applications to "A lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority," a law enforcement officer employed by that authority, or a person residing in an area of exclusive federal jurisdiction within a city or town. EOPSS states the same rule in general terms in the same guidance: "Applicants can only apply for or renew a firearms license in the city/town where they reside, or a non-resident of the Commonwealth through the Firearms Records Bureau."
What remains is the temporary license under MGL c. 140, s. 131F, issued by the colonel of state police and "valid for a period of one year but the colonel may renew such license if such renewal is necessary." It is marked "Temporary License to Carry Firearms," cannot be used to purchase firearms in the commonwealth, and permits carry of a large capacity firearm only if that entitlement is clearly indicated on the license.
For long guns, MGL c. 140, s. 129C(j)(iii) separately covers a non-resident possessing rifles and shotguns that are not large capacity or semi-automatic "while traveling in or through the commonwealth; provided, that [they] shall be unloaded and in a locked container pursuant to sections 131C and 131L."
MGL c. 269, s. 10H reaches a licensee specifically, and it reaches control in a vehicle, not only carry on the person. It applies to "Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm" while at or above a blood alcohol percentage by weight of eight one-hundredths, or while under the influence of intoxicating liquor, marijuana, or narcotic, depressant or stimulant substances as defined in MGL c. 94C, s. 1, or of toxic vapors under MGL c. 270, s. 18.
Section 131C stops at the vehicle door. Once you are out of the car on foot, MGL c. 269, s. 12D(a) bars carrying "on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof," and s. 12D(b) bars carrying an unloaded rifle or shotgun on a public way "unless such rifle or shotgun is enclosed in a case." Section 12D(d) exempts specified on-duty government, military and law enforcement personnel and "a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131." That is chapter 131 of the General Laws, the hunting and wildlife chapter, and not the MGL c. 140, s. 131 license to carry cited throughout this page.
| Conduct | Statute | Penalty |
|---|---|---|
| Loaded firearm in a vehicle, not under direct control | c. 140, s. 131C(a) | $500 |
| Large capacity rifle or shotgun in a vehicle, not unloaded and locked | c. 140, s. 131C(b) | $500 to $5,000 |
| Any s. 131C conviction | c. 140, s. 131C(d) | Immediate revocation; no new card or license for 1 year |
| Firearm under control in a vehicle, no license, card or exemption | c. 269, s. 10(a) | State prison 2.5 to 5 years, or 18 months to 2.5 years in jail or house of correction; not reducible below 18 months, not suspendable |
| Paragraph (a) violation by means of a loaded firearm | c. 269, s. 10(n) | Up to 2.5 years house of correction, consecutive |
| Large capacity firearm or feeding device in a vehicle, no LTC | c. 269, s. 10(m) | State prison 2.5 to 10 years; not reducible below 1 year |
| Firearm possessed in a prohibited area | c. 269, s. 10(k)(1) | Up to $1,000, or up to 2.5 years, or both |
| Improper storage, not large capacity or machine gun | c. 140, s. 131L(b) | $1,000 to $7,500, or up to 1.5 years, or both |
| Improper storage, large capacity or semiautomatic weapon or machine gun | c. 140, s. 131L(b) | $2,000 to $15,000, or 1.5 to 12 years, or both |
| Licensee, loaded firearm under control in a vehicle while impaired | c. 269, s. 10H | Up to $5,000, or up to 2.5 years, or both |
| Loaded rifle or shotgun on the person on a public way | c. 269, s. 12D(a) | $500 to $5,000, or up to 2 years, or both; large capacity, $1,000 to $10,000, or 1 to 10 years, or both |
| Unloaded rifle or shotgun on a public way, not in a case | c. 269, s. 12D(b) | $100 to $1,000; if it is a large capacity firearm carried at the same time as a fully or partially loaded large capacity feeding device, $1,000 to $10,000, or 1 to 10 years, or both |
Eligibility, fees and renewal now sit in MGL c. 140, s. 121F, which St. 2024, c. 135 added when it restructured s. 131. Section 131 runs only from subsection (a) through subsection (h), so any citation to a s. 131 subsection past (h) points at text that no longer exists. The same act amended s. 131C in five places, one of which swapped the older "locked trunk of the vehicle or in a locked case or other secure container" language for "secured in a locked container as defined in section 121."
View this topic on its own page: Carrying a Firearm in a Vehicle in Massachusetts
Massachusetts splits firearm transport across statutes that do different work. MGL c.140 s.131C, headed "Carrying of firearms in a vehicle," sets the in-vehicle rules. MGL c.140 s.131L governs storage anywhere, including in a parked car. MGL c.140 s.129C creates the license-free exemptions non-residents rely on, and MGL c.269 s.10 supplies the baseline offense for possession or control in a vehicle without a license.
Start with the definition that controls every rule below. MGL c.140 s.121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet"; the definition then reaches "the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm", and it excludes "any antique firearm or permanently inoperable firearm". Rifles and shotguns are firearms. Section 121 opens "As used in sections 122 to 131Y, inclusive," so that definition governs section 131C and section 131L by its own terms. That governs every Massachusetts rule on this page. The federal provisions discussed near the end carry their own definitions and are not controlled by s. 121. When s.131C(a) conditions carrying a loaded firearm in a vehicle on direct control, it reaches a loaded rifle and a loaded shotgun. When s.131L requires any firearm to be secured, it reaches rifles and shotguns too. The separate command in s.131C(b) for a large capacity rifle or shotgun is an added layer on top of those rules, not the only rule that touches long guns. Where this section says "rifle or shotgun" it is tracking the words a particular statute uses, never carving long guns out of the word "firearm."
One definition in s. 121 turns on the vehicle itself, so read it before you load the car. "Large capacity firearm" includes any firearm that "(ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle." A semiautomatic that is not otherwise a large capacity firearm becomes one under that clause when the gun and a detachable large capacity feeding device are under the same person's control in a vehicle. That matters here because the large capacity designation is what pulls in s. 131C(b)'s unload-and-lock command, and because MGL c. 269, s. 10(m) reaches a person who "knowingly has under his control in a vehicle, a large capacity firearm or large capacity feeding device therefor" without a license to carry under s. 131 or s. 131F. The designation is a secondary one under the same definition and does not apply to a firearm that operates by manual bolt, pump, lever or slide action, that is a single-shot firearm, that has been permanently modified so it can no longer be designated large capacity, or that is an antique, relic, theatrical prop or other firearm not capable of firing a projectile.
One structural note next. St. 2024 c.135 restructured MGL c.140 s.131, which now runs only through subsection (h), with eligibility, fees and renewal moved into a new MGL c.140 s.121F. Any guide citing a s.131 subsection past (h) is citing text that no longer exists.
Section 131C contains two commands with two different scopes.
Subsection (a) covers loaded firearms: "No person carrying a loaded firearm under a license issued pursuant to section 129B 131 or 131F or through an exemption under section 129C shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person." The penalty is "a fine of $500."
Subsection (b) covers large capacity long guns: "No person possessing a large capacity rifle or shotgun under a license issued pursuant to section 131 or 131F or through an exemption under section 129C shall possess the large capacity firearm in a vehicle unless the large capacity firearm is unloaded and secured in a locked container as defined in section 121." The penalty is "a fine of not less than $500 nor more than $5,000."
Read those side by side. Subsection (a) names s.129B, the firearm identification card statute. Subsection (b) does not. The amendment record shows the two insertions carried different line targets: St. 2024 c.135, SECTION 54, inserted the number 129B after the word "section" in line 2 only, while SECTION 55 inserted "or through an exemption under section 129C" after the figure "131F" in both lines 2 and 7.
So a large capacity rifle or shotgun in a vehicle must be both unloaded and locked up. No part of s.131C authorizes a loaded long gun sitting loose in a car, and subsection (a) permits a loaded firearm in a vehicle only while it stays under the carrier's direct control.
Subsection (c) lifts s.131C for government officers, agents and employees, military and other service members, and duly authorized municipal law enforcement, but only where the person "is authorized by a competent authority to carry or possess the firearm so carried or possessed and is acting within the scope of the person's official duties."
Subsection (d) adds a consequence that outlasts the fine. A conviction must be reported immediately to the licensing authority, which "shall immediately revoke the firearm identification card or license of the person convicted," and no new card or license may issue "until 1 year after the date of revocation."
Massachusetts defines the phrase, and the Executive Office of Public Safety and Security was asked directly whether it covers a locked vehicle. MGL c.140 s.121 defines the term as "secured in a container that is capable of being unlocked only by means of a key, combination or similar means, including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox and for purposes of a common carrier in the course of the regular and ordinary transport of firearms, locked access to any area containing firearms."
The answer, at question 22 of the EOPSS guidance on An Act Modernizing Firearm Laws, is: "No. However, the definition does include a locked, secure container inside of a vehicle, such as a locked glovebox, locked console, or locked trunk inaccessible from the passenger compartment."
Locking the car doors accomplishes nothing on its own. The firearm has to be inside something that is itself locked and meets the s.121 definition, and everything below about leaving a firearm in a car carries that qualification.
MGL c.140 s.131L(a) makes it "unlawful to store or keep any firearm in any place unless such firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such firearm inoperable by any person other than the owner or other lawfully authorized user." The same subsection supplies the carve-out that makes ordinary carry possible: "such firearm shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user."
That is why stepping away from the vehicle changes your obligations. While the firearm is under your control it is not stored; once it is not, s.131L applies, and the locked car body does not satisfy it. Subsection (f) lifts s.131L for a firearm, rifle or shotgun with a matchlock, flintlock, percussion cap or similar type of ignition system "manufactured in or prior to the year 1899," and for a replica of one, but the replica is covered only "if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition."
An LTC issued under MGL c.140 s.131, or the temporary license under s.131F, is the broadest authority available. MGL c.269 s.10(a) provides that no person holding one "for any purpose" shall "be deemed to be in violation of this section."
Inside the vehicle, s.131C still binds: a loaded firearm must stay under your direct control, and a large capacity rifle or shotgun must be unloaded and in a locked container regardless of the LTC.
MGL c.269 s.10H adds an impairment offense, and it does not require a vehicle. It reaches an LTC holder who "carries on his person, or has under his control in a vehicle, a loaded firearm" while at or above a blood alcohol concentration of eight one-hundredths, or under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances as defined in MGL c.94C s.1, or from smelling or inhaling the fumes of a substance releasing toxic vapors as defined in MGL c.270 s.18. That person "shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment."
The prohibited-area offense in MGL c.269 s.10(k)(1) has a vehicle answer built into it. Subsection (k)(4) makes it a defense that a person holding the necessary license or card "securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140." Section 10(k)(5) appears in two bracketed versions; the text amended by St. 2025 c.14, SECTION 52, effective August 5, 2025, is the operative one.
An FID card under MGL c.140 s.129B is narrower. Section 129B(c) entitles the holder "to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic, and the ammunition therefore," and denies any entitlement "to transfer, possess or carry any other firearm" outside direct supervision by an LTC holder at a shooting club or licensed range. Its closing sentence addresses transport directly, and it carries its own qualifier: "Except as otherwise provided herein, a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of any large capacity firearm."
So although s.131C(b) does not name s.129B, an FID is not valid for the transportation of a large capacity firearm, except as s.129B(c) otherwise provides. Section 131C(a) does name s.129B, so the direct-control requirement binds an FID holder carrying a loaded firearm in a vehicle.
MGL c.269 s.10(a) is the operative offense. It reaches whoever "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded," absent one of its enumerated bases, which include being in or on one's residence or place of business, holding an LTC under s.131 or s.131F, or having complied with MGL c.140 s.129C and s.131G. One half of that fourth route no longer exists: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of section 10(a) still names it. A parallel clause covers rifles and shotguns and adds a valid FID under s.129B. Sentencing is mandatory-minimum driven and prosecutions "shall neither be continued without a finding nor placed on file."
There is a narrow window for people arriving or returning. MGL c.140 s.129C(a)(ii) permits license-free possession by a returning resident absent "for not less than 180 consecutive days or any new resident moving to the commonwealth, only with respect to any firearm or ammunition then in their possession prior to moving or return and only for 60 days after such return or entry into the commonwealth."
No other state's license functions as a license to carry here. Asked whether Massachusetts recognizes firearms licenses from other states, the Department of Criminal Justice Information Services answers under its heading "Transporting Firearms": "No. Massachusetts does not have reciprocity with any other states." MGL c.269 s.10(a) matches that, recognizing only licenses issued under MGL c.140 s.131 and s.131F. That answer is about carry licenses. MGL c.140 s.129C(i), described just below, does give a qualifying home-state permit, card or license legal effect for a narrow class of long guns.
What a non-resident has instead are the exemptions in MGL c.140 s.129C. Subsection (i) allows a non-resident at least 18 years of age to possess rifles and shotguns that are not large capacity or semi-automatic, plus ammunition, if they hold a permit, card or license from their home state that the colonel of the state police has determined substantially similar to a Massachusetts FID. Subsection (l) directs the colonel to publish an annual list of qualifying states.
Subsection (j) allows the same class of long guns for hunting in season with a qualifying license, on a firing or shooting range, at a collectors' club showing, and "while traveling in or through the commonwealth; provided, that the rifles and shotguns that are not large capacity or semi-automatic shall be unloaded and in a locked container pursuant to sections 131C and 131L."
Subsection (k) is the in-vehicle provision: "A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C."
Two published versions of that sentence do not match, and the difference lands on the part a driver needs. The malegislature.gov text of s.129C(k) ends "in accordance with section 131C." EOPSS Guidance #4, at question 36, quotes the same sentence as ending "in accordance with sections 131C and 131L." Follow the two-section version. Section 131C sets no storage standard for a firearm that is not large capacity: subsection (a) only forbids carrying one loaded without direct control, and subsection (b) covers large capacity rifles and shotguns. Read alone, the bare-statute instruction gives a non-resident nothing to comply with at the exact moment the firearm is left unattended. Section 131L fills that in of its own force, because a firearm stops being exempt from it once it is no longer "carried by or under the control of the owner or other lawfully authorized user." So the firearm has to be secured in a locked container meeting the s.121 definition, or equipped with a properly engaged tamper-resistant mechanical lock or other safety device. The locked car is not the container.
EOPSS addressed the meaning of "traveling through the commonwealth" at question 36, with both a limit and an allowance. The limit: "Going to your workplace would not be 'traveling through the commonwealth' under Commonwealth v. Marquis, 494 Mass. 434 (2025)." The allowance, stated after quoting subsection (k): "Brief stops incidental to travel appear to be permissible provided the firearm is properly secured in the vehicle." A commute to a Massachusetts job site is not covered; a fuel or food stop on a through trip, firearm secured, is.
A non-resident who wants real carry authority applies under MGL c.140 s.131F for a temporary license to carry, issued by the colonel of state police, valid for one year, with a $100 fee. It "shall not be used to purchase firearms in the commonwealth," and a large capacity firearm may be carried under it only where "this entitlement shall be clearly indicated on the license."
18 U.S.C. 926A entitles a person not otherwise prohibited from transporting a firearm "to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm" on stated conditions: the firearm is unloaded, and "neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle." In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition "shall be contained in a locked container other than the glove compartment or console."
The federal and Massachusetts container rules are not written to the same facts. The s.121 definition does list a locked console and a locked glovebox among the things that qualify, but it lists them "in an unoccupied motor vehicle." The 926A proviso excludes both, and it governs the transporting vehicle while the trip is under way. A traveler relying on both should satisfy the stricter one and keep the firearm out of the glove compartment and console.
MGL c.90B s.26(g) reaches off-road machines: "No person shall carry a firearm ... in or on a snow vehicle or recreation vehicle or on a trailer or sled attached thereto unless such person possesses the required license to carry or firearm identification card issued under sections 129B or 131, of chapter 140 and carries such firearm in compliance with section 131C of chapter 140." Violations "shall be penalized in accordance with section 131C." The subsection does not reach a law enforcement officer or other person with enforcement powers authorized in MGL c.90B s.32, or a paraplegic under MGL c.131 s.65.
MGL c.269 s.12D governs the moment a rifle or shotgun leaves the vehicle onto a public way. Subsection (a) prohibits carrying on the person on any public way "a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof." Subsection (b) prohibits carrying an unloaded one there "unless such rifle or shotgun is enclosed in a case." Subsection (c) requires confiscation on conviction.
Subsection (d) exempts government officers, military and service members, and duly authorized municipal law enforcement acting within the scope of duties or training, and separately exempts "a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131."
MGL c.140 s.131M(c) allows a large capacity feeding device lawfully possessed on September 13, 1994 to be moved "while traveling to and from" the locations that subsection lists, "provided, that the large capacity feeding device is stored unloaded and secured in a locked container in accordance with sections 131C and 131L."
MGL c.140 s.129C(c) lets common carriers and their authorized employees and agents possess firearms and ammunition without a license or card while performing "the regular and ordinary transport of firearms and ammunition as merchandise for customers duly licensed to permit such transport," so long as they meet the s.131C and s.131L requirements.
MGL c.269 s.10I, as replaced by St. 2024 c.135, SECTION 134, punishes transporting a firearm into the commonwealth for criminal activity, and punishes transport aimed at an unlawful transfer to a prohibited person more severely still.
| Statute | Conduct | Grading |
|---|---|---|
| c.140 s.131C(a) | Loaded firearm in a vehicle, not under direct control | $500 fine, plus license or FID revocation and a 1 year bar on reissue under s.131C(d) |
| c.140 s.131C(b) | Large capacity rifle or shotgun in a vehicle, not unloaded and in a locked container | $500 to $5,000, plus the same revocation and 1 year bar |
| c.140 s.131L(b) | Storing or keeping a firearm unsecured | $1,000 to $7,500 or up to 1 1/2 years, or both; large capacity or semiautomatic weapon or machine gun, $2,000 to $15,000 or 1 1/2 to 12 years, or both |
| c.140 s.131L(c), (d) | (c) Unsecured firearm that is not a large capacity firearm or machine gun, kept where a person younger than 18 who does not possess a valid FID issued under s.129B may have access without committing an unforeseeable trespass. (d) Same access exposure for a rifle or shotgun that is a large capacity weapon, firearm or machine gun | (c) $2,500 to $15,000 or 1 1/2 to 12 years, or both. (d) $10,000 to $20,000 or 4 to 15 years, or both |
| c.269 s.10(a) | Knowing possession or control in a vehicle with no qualifying license, card, exemption or location basis | State prison 2 1/2 to 5 years, or 18 months to 2 1/2 years in a house of correction, 18 month floor, no suspension, probation, parole, work release or furlough until served |
| c.269 s.10(m) | Same conduct, large capacity firearm or feeding device, no LTC | State prison 2 1/2 to 10 years, floor of 1 year; an FID is no defense but removes the mandatory minimum |
| c.269 s.10(n) | Violating paragraph (a) or (c) by means of a loaded firearm | Added house of correction term up to 2 1/2 years, from and after |
| c.269 s.10(h)(1) | Possessing or transferring a firearm or ammunition without complying with s.129C | Up to 2 years or a fine up to $500; second or subsequent, up to 2 years or a fine up to $1,000, or both |
| c.269 s.10(k)(1) | Possessing a firearm in a prohibited area knowing or having reason to know its status | Up to $1,000 or house of correction up to 2 1/2 years, or both; s.10(k)(4) gives a secure-storage-in-vehicle defense |
| c.269 s.10H | Loaded firearm on the person or under control in a vehicle by an LTC holder at 0.08 BAC or under the influence | Up to $5,000 or house of correction up to 2 1/2 years, or both |
| c.269 s.12D(a) | Loaded rifle or shotgun on the person on a public way | $500 to $5,000 or up to 2 years, or both; if large capacity, $1,000 to $10,000 or 1 to 10 years, or both |
| c.269 s.12D(b) | Unloaded rifle or shotgun on the person on a public way, not enclosed in a case | $100 to $1,000; if large capacity and carried with a loaded or partially loaded large capacity feeding device, $1,000 to $10,000 or 1 to 10 years, or both |
| c.269 s.10I | Transporting a firearm into the commonwealth for criminal activity, or to transfer it to a prohibited person | 5 to 10 years; 10 to 20 years state prison for the transfer offense; not less than 20 years where the firearm later causes a death |
View this topic on its own page: Transporting Firearms in Massachusetts
MGL c. 140, § 131L(a) reaches any firearm you are not carrying and that is not under your control. It applies in your home, in your vehicle, and anywhere else you keep a firearm. Section 131L lists only two ways out. Either the firearm is carried by or under the control of the owner or other lawfully authorized user under § 131L(a), or it falls in the pre-1899 ignition exemption in § 131L(f). A license to carry is not on that list.
Chapter 135 of the Acts of 2024, approved July 25, 2024, rewrote parts of this statute. Sections 67 through 70 of that act amended § 131L, and Sections 54 through 58 amended the vehicle statute, MGL c. 140, § 131C. Section 67 struck the old rifle, shotgun and machine gun list out of § 131L(a), and Section 68 swapped "weapon" for "firearm" at seven separate lines, so the consolidated § 121 definition of "Firearm" now carries the storage duty by itself.
Under § 131L(a), it is unlawful to store or keep any firearm in any place unless the firearm is either:
A stun gun gets a narrower rule under the same subsection. It must be secured in a locked container accessible only to the owner or other lawfully authorized user, with no mechanical-lock alternative.
The duty switches off only while the firearm is in hand or under your control. Set it down and walk away, and the storage rule governs.
Chapter 135, Section 28 inserted a definition of "Secured in a locked container" into MGL c. 140, § 121: secured in a container capable of being unlocked only by means of a key, combination or similar means. It expressly includes, in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console, or a locked glovebox, and for a common carrier in the regular and ordinary transport of firearms, locked access to any area containing firearms.
A locked vehicle is not itself a locked container. Executive Office of Public Safety and Security guidance puts the question and answers it flatly: asked whether the § 121 definition of "secured in a locked container" includes a locked vehicle, the answer is no. What the definition does include is a locked, secure container inside a vehicle, such as a locked glovebox, a locked console, or a locked trunk inaccessible from the passenger compartment. Locking the car therefore does not by itself satisfy § 131L(a). The firearm still has to be in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged.
Chapter 135 replaced the definition of "Firearm" in § 121. It now covers a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, designed to or readily convertible to expel a shot or bullet, plus the frame or receiver and the unfinished frame or receiver. Antique and permanently inoperable firearms are excluded.
Section 131L(f) adds its own exemption for any firearm, rifle or shotgun with a matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to 1899, and for a replica of one, so long as the replica is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition.
Every penalty tier in § 131L(b) through (d) turns on how the gun is classified. The lower tiers reach a firearm that is not a large capacity firearm or machine gun, and the upper tier at § 131L(b) reaches a large capacity or semiautomatic weapon or a machine gun. Those two descriptions overlap. Section 69 took the nouns out of the lower tier and Section 70 added "or semiautomatic" to the upper tier, so a semiautomatic that is not a large capacity firearm now falls inside the words of both tiers, and § 131L does not say which one controls. Chapter 135, Section 22 defines "Large capacity firearm" as any firearm that is semiautomatic with a fixed large capacity feeding device, is semiautomatic and capable of accepting or readily modifiable to accept a detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle, employs a rotating cylinder capable of accepting more than 10 rounds of ammunition or more than 5 shotgun shells, or is an assault-style firearm.
The same definition carries exclusions that decide tier assignment. The designation is a secondary one applied to a firearm in addition to its primary designation, and it does not include any firearm that operates by manual bolt, pump, lever or slide action, is a single-shot firearm, has been modified so as to render it permanently inoperable or otherwise permanently unable to be designated a large capacity firearm, or is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile, is not intended for use as a functional firearm, and cannot be readily modified through a combination of available parts into an operable large capacity firearm. A pump shotgun and a lever gun sit outside the definition, so neither can carry a tier keyed to large capacity status.
| Subsection | Trigger | Fine | Imprisonment |
|---|---|---|---|
| 131L(b) | Firearm that is not a large capacity firearm or machine gun | $1,000 to $7,500 | Not more than 1 1/2 years |
| 131L(b) | Large capacity or semiautomatic weapon, or machine gun | $2,000 to $15,000 | Not less than 1 1/2 years, not more than 12 years |
| 131L(c) | Firearm that is not a large capacity firearm or machine gun, stored where a person younger than 18 without a valid firearm identification card under § 129B may have access without committing an unforeseeable trespass | $2,500 to $15,000 | Not less than 1 1/2 years, not more than 12 years |
| 131L(d) | Rifle or shotgun that is a large capacity weapon, firearm or machine gun, stored where a person younger than 18 may have access without committing an unforeseeable trespass | $10,000 to $20,000 | Not less than 4 years, not more than 15 years |
Each tier authorizes the fine, the imprisonment, or both.
Two wording notes, because the statute does not read the way the table does. The § 131L(b) and § 131L(c) rows supply a noun the statute no longer has: the text reads "in the case of a that is not a large capacity firearm or machine gun." Chapter 135, Section 69 struck "rifle or shotgun that is not a large capacity weapon" and inserted only "that is not a large capacity firearm or machine gun", taking the nouns out and putting none back. Read with Section 67, the tier reaches any firearm that is not a large capacity firearm or a machine gun. Separately, § 131L(b)'s upper tier still says "weapon" in the statute. Section 68's swap list skips that line and Section 70 added only "or semiautomatic" there, though Section 22 replaced the § 121 definition of "Large capacity weapon" with "Large capacity firearm."
Neither the § 131L(c) nor the § 131L(d) trigger asks whether a minor actually got the gun. Each asks whether the firearm was stored where a person younger than 18 may have access without committing an unforeseeable trespass.
Section 131L(e) is an evidentiary rule, not a separate penalty. A violation of § 131L is evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser, or who was a foreseeable trespasser, acquired access to a firearm and that access results in personal injury to or the death of any person. The rule lifts only where the person under 18 possessed a valid firearm identification card issued under § 129B and was permitted by law to possess the firearm.
MGL c. 140, § 131C sets the vehicle rules and its own fines:
Under § 131C(d), a conviction of a violation of § 131C is reported immediately by the court or magistrate to the licensing authority, that authority immediately revokes the firearm identification card or license, and no new card or license may issue until 1 year after the date of revocation.
Chapter 135, Section 124 added a new offense at MGL c. 269, § 10(k)(1). Whoever possesses a firearm, loaded or unloaded, in a prohibited area, and knows or reasonably should know the location is a prohibited area, is punished by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2 1/2 years, or both.
Section 10(k)(2) defines "prohibited area" two ways. First, a place owned, leased or controlled by state, county or municipal government and used for government administration, judicial or court administrative proceedings, or correctional services, including buildings, grounds and parking areas. State-owned public land available to the public for hunting is excluded, and a municipality may vote to exclude its administrative buildings. Second, a location in use for the storage or tabulation of ballots while voting or tabulation is occurring, or a polling place or early voting site while open for voting, or within 150 feet of its entrance door.
Under § 10(k)(4), it is a defense that a person with the necessary license or card issued under § 129B, § 131 or § 131F securely stored the firearm in a vehicle while within the prohibited area, in accordance with §§ 131C and 131L. That points back to the locked container rule above. A locked vehicle is not itself a locked container, so the defense turns on how the firearm is secured inside the vehicle.
Section 10(k)(5) takes some people outside the offense altogether. As amended effective August 5, 2025, subsection (k) does not apply to a law enforcement officer as defined in MGL c. 6E, § 1 who is currently certified under § 4 of that chapter, to 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. §§ 926B and 926C, or to a security guard employed at the prohibited area while at the location of their employment and during the course of that employment. For the chapter 6E officer, the certification must not be suspended, limited or restricted, and the officer must be permitted to perform police duties and functions involving firearms under chapter 6E and its regulations. Nothing in that paragraph limits a municipality, county, or department, division, commission, board, agency or court of the commonwealth from adopting policies further restricting the possession of firearms in areas under its control.
Chapter 135, Section 32 inserted new registration and serialization duties at MGL c. 140, §§ 121B and 121C. Firearms possessed by individuals lawfully traveling through the commonwealth in the care and custody of a nonresident owner are exempt from both, but only if the firearms are stored in accordance with §§ 131C and 131L. That proviso conditions those two new duties, not the storage or carry rules.
Under § 129C(j)(iii), a nonresident at least 18 years of age may possess rifles and shotguns that are not large capacity or semi-automatic while traveling in or through the commonwealth only if they are unloaded and in a locked container pursuant to §§ 131C and 131L.
Storage is written into the certified curriculum. Under MGL c. 140, § 131P(b)(ii), the colonel of state police may certify a firearms safety instructor whose course covers, among other topics, the safe use, handling and storage of firearms, methods for securing and childproofing firearms, and the applicable laws relating to the possession, transportation and storage of firearms. Section 131P(f) also directs the colonel to produce public service announcements on safe storage and transportation as outlined in §§ 131C and 131L.
MassWildlife firearms safety guidance goes past the statute and tells owners to store firearms and ammunition separately in locked compartments and beyond the reach of children. Section 131L does not require separate ammunition storage, so present that as practice rather than law.
| Citation | Subject |
|---|---|
| MGL c. 140, § 131L | Storage duty, penalty tiers, wanton or reckless conduct rule |
| MGL c. 140, § 131C | Firearms in a vehicle, fines, license revocation |
| MGL c. 140, § 131M | Locked container storage condition on grandfathered large capacity feeding devices |
| MGL c. 140, § 121 | Definitions of "Firearm," "Large capacity firearm," and "Secured in a locked container" |
| MGL c. 140, § 129B | Firearm identification card, referenced in the § 131L(c) and § 131L(e) triggers |
| MGL c. 140, § 131P | Certified safety course curriculum and storage public service announcements |
| MGL c. 140, § 129C | Nonresident travel and vehicle-carry conditions tied to §§ 131C and 131L |
| MGL c. 269, § 10(k) | Prohibited-area offense and the secure vehicle storage defense |
| Chapter 135 of the Acts of 2024 | Amended §§ 121, 131C and 131L; added §§ 121B, 121C and c. 269, § 10(k) |
View this topic on its own page: Storage Requirements - Massachusetts
Massachusetts addresses one use-of-force situation by statute in plain terms. MGL c. 278, § 8A, titled "Killing or injuring a person unlawfully in a dwelling; defense," gives an occupant a defense in a prosecution on stated conditions. It is short, and it is narrow, and it answers that one situation squarely.
The statute reads, in full:
In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
Read that carefully, because every clause is doing work.
It is a defense at trial, not a shield against being charged. The statute is written in the language of "the prosecution of a person ... charged with killing or injuring." It applies once you are already a defendant. Nothing in § 8A promises that you will not be arrested or prosecuted, and nothing in it grants immunity from a civil suit.
You must be an occupant, and you must be in the dwelling. The statute conditions the defense on the fact "that the occupant was in his dwelling at the time of the offense." It does not define "dwelling," and it does not extend the defense to a person who is somewhere other than in the dwelling when the force is used.
The other person must have been unlawfully in the dwelling. The defense is framed around "one who was unlawfully in said dwelling." A guest you invited in, a family member who lives there, or a repairman you let through the door is not, on the face of this statute, a person unlawfully in the dwelling. The lawfulness of the other person's presence is the hinge the whole defense turns on.
The belief must be reasonable, and it must be about great bodily injury or death. The statute requires that you "acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death." A subjective fear is not enough; the belief has to be reasonable. And the harm feared is not any harm, it is great bodily injury or death. A belief that an intruder was about to take property does not on its terms satisfy this statute.
The person protected can be you or another lawful occupant. The statute covers a reasonable belief of great bodily injury or death "upon said occupant or upon another person lawfully in said dwelling," and it covers means used "to defend himself or such other person lawfully in said dwelling."
The means used must be reasonable. Even with a lawful occupant, an unlawful intruder, and a reasonable belief of imminent death or great bodily injury, the statute still requires "that said occupant used reasonable means." Reasonableness of the response is a separate element the fact finder decides.
The final sentence is the one people quote: "There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling."
Notice how tightly that is drawn. It removes the retreat requirement for an occupant, inside the dwelling, as against a person who is unlawfully in that dwelling. It is not written as a general rule for a parking lot, a sidewalk, a store, or a vehicle, and it is not written as a rule that applies to a person who is lawfully in the dwelling with you. Section 8A lifts the duty to retreat only for the situation it describes, an occupant inside the dwelling facing a person who is unlawfully in that dwelling. Nothing in its text speaks to retreat in any other setting. Treat the retreat question outside your dwelling as an open one, and get advice from a Massachusetts criminal defense attorney before you rely on any assumption about it.
Section 8A is written for one setting, an occupant inside a dwelling facing someone who is unlawfully there. It does not address force used on the street, in a car, or in a business, and this page does not attempt to state the standards that apply in those settings. If you carry outside the home, speak with a Massachusetts attorney who handles firearms cases.
The basic firearms safety course Massachusetts requires for a license reaches this ground. Under MGL c. 140, § 131(b), no license to carry shall be issued unless the applicant submits with the application a basic firearms safety certificate meeting the requirements of § 131P. Under § 131P(b)(ii), in the text amended by St. 2024, c. 135 and effective January 25, 2026, the colonel of state police may certify as a firearms safety instructor a person who operates a firearms safety course or program that provides in its curriculum "applicable laws relating to the use of force" and "disengagement tactics," along with the safe use, handling and storage of firearms, methods for securing and childproofing firearms, the applicable laws relating to the possession, transportation and storage of firearms, knowledge of operation, potential dangers and basic competency in ownership and use, injury and suicide prevention and harm reduction education, and live firearms training. That is a curriculum requirement attached to instructor certification. Nothing in § 131P states a use-of-force standard or creates a defense.
Sections 12E and 12G of MGL c. 269 reach the discharge itself, and both carry an express carve-out for lawful defense.
MGL c. 269, § 12E, as replaced by St. 2024, c. 135. Whoever discharges a firearm as defined in MGL c. 140, § 121 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both. Subsection (b) states that the section shall not apply to "the lawful defense of life and property," among other listed exceptions.
MGL c. 269, § 12G, inserted by St. 2024, c. 135. Whoever, by intentional or reckless discharge of a firearm as defined in MGL c. 140, § 121, strikes a dwelling or other building in use shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for not more than 5 years or by a fine of not more than $10,000, or both such imprisonment and fine. That section states it "shall not apply to persons acting in the lawful defense of life or property or any law enforcement officer acting in the discharge of their duties." It carries further exceptions for dwellings or buildings within the property of listed range and shooting gallery uses.
Note the phrasing. Section 12E excepts the lawful defense of life and property; § 12G excepts persons acting in the lawful defense of life or property. Either way, both reach further on their face than the great-bodily-injury-or-death threshold in § 8A. But these are discharge offenses. They do not create a defense to killing or injuring a person.
Massachusetts punishes unlicensed carry severely. Sections 12E and 12G each carve out lawful defense in so many words. Section 10 contains no comparable lawful-defense carve-out on its face, so do not assume a defensive use of force answers a licensing charge. This is exactly the point to put in front of an attorney.
Under MGL c. 269, § 10(a), a person who knowingly possesses a firearm, or knowingly has one under his control in a vehicle, without being in or on his residence or place of business and without a license to carry under MGL c. 140, § 131 or § 131F or the other statutory authority the subsection lists, shall be punished by imprisonment in state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The subsection states the sentence "shall not be reduced to less than 18 months, nor suspended," and bars probation, parole, work release, furlough, and good conduct deductions until 18 months are served.
Under § 10(n), a person who violates paragraph (a) or paragraph (c) by means of a loaded firearm "shall be further punished by imprisonment in the house of correction for not more than 2 1/2 years," a sentence that runs from and after the sentence for the underlying violation.
The statute also provides that no person having a license to carry in effect under MGL c. 140, § 131 or § 131F "shall be deemed to be in violation of this section." A suspended or revoked license is not a license in effect.
Expiration is treated differently, and the difference matters. Under MGL c. 140, § 121F(s), an expired license to carry issued under § 131 remains valid for all lawful purposes if the holder applied for renewal before the expiration date, if the holder is on active duty with the armed forces of the United States on the expiration date, or if the expiration period has not yet exceeded 90 days beyond the stated date of expiration, and that last case does not apply to a license that has been revoked or suspended. Section 121F(t) separately provides that a person whose license is invalid for the sole reason that it has expired, not including a license that remains valid under subsection (s), and who is not otherwise disqualified from renewal upon application, is subject to a fine of not less than $100 nor more than $5,000 and "section 10 of chapter 269 shall not apply." That exemption does not apply where the license has been revoked or suspended, or is the subject of a pending revocation or suspension, unless the revocation or suspension was caused by failure to give notice of a change of address, and it does not apply where an application for renewal has been denied. If your license was revoked or suspended, do not read § 121F(s) or (t) as covering you.
MGL c. 269, § 10H reaches a licensed carrier. A person holding a license to carry under MGL c. 140, § 131 or § 131F who carries a loaded firearm on his person, or has one under his control in a vehicle, while at a blood alcohol percentage by weight of eight one-hundredths or greater, or while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances as defined in MGL c. 94C, § 1, or from smelling or inhaling toxic vapors as defined in MGL c. 270, § 18, shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or both.
This is a standalone offense, independent of whether the eventual use of force was justified.
Massachusetts licensing was restructured by St. 2024, c. 135. Eligibility, suitability, denial, revocation, and appeals now live in MGL c. 140, § 121F. Section 131 was struck out and replaced in full, and now runs from subsection (a) through subsection (h).
Under § 121F(u)(1), a licensing authority "shall revoke or suspend" a license, card or permit upon the occurrence of any event that makes the holder a prohibited person as defined in § 121F(j). A conviction arising out of a use-of-force incident is the obvious route into that category: § 121F(j)(i) reaches convictions for a felony, a misdemeanor punishable by imprisonment for more than 2 years, and a violent crime as defined in MGL c. 140, § 121, among other listed categories.
Revocation does not require a conviction. Section 121F(u)(1) also allows a licensing authority to revoke or suspend "upon a subsequent determination of unsuitability as defined in subsection (k)." Subsection (k) defines that standard as "reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others."
Under § 121F(u)(2), any revocation or suspension must be in writing and state the reasons, and "no pendency of proceedings before the court shall operate to stay such revocation or suspension." A revoked or suspended license may be reinstated "only upon the termination of all disqualifying conditions."
To challenge it, § 121F(v)(2) gives an aggrieved holder 90 days after receiving notice to file a petition for judicial review in the district court having jurisdiction where the application was filed or the license was issued, unless a hearing has previously been held under MGL c. 140, § 131S or § 131T, MGL c. 209A, or MGL c. 258E. Under § 121F(v)(3), the court may order the license reinstated on a finding that there was no reasonable ground for the action and that the petitioner is not prohibited by law from possessing it.
MGL c. 140, § 129D(a), as replaced by St. 2024, c. 135, requires that upon revocation, suspension, or denial, the person "shall, without delay, deliver or surrender to the licensing authority where the person resides all firearms or ammunition which are registered to the person or that the person then possesses," and report the surrender to the electronic firearms registration system under MGL c. 140, § 121B.
There is a one-year window to transfer surrendered firearms and ammunition to a licensed dealer or to a person legally permitted to take possession. One limit matters enormously after a shooting: § 129D(a) provides "that such transfer shall not be permitted if the firearm may be evidence in any pending criminal investigation."
An incident can also draw an extreme risk protection order. Under MGL c. 140, § 131R(a), a petitioner "who believes that a person may pose a risk of causing bodily injury to self or others" may file a petition in court. Under § 131S(f), upon service of an order the licensing authority must immediately suspend the respondent's license to carry or firearm identification card, and the respondent must immediately surrender that license or card and all firearms or ammunition in their control, ownership or possession to the local licensing authority serving the order, in accordance with § 129D. A violation of that surrender requirement is punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in a house of correction, or both. Being currently subject to an extreme risk protection order issued under §§ 131R to 131Y also makes a person a prohibited person under MGL c. 140, § 121F(j)(iii)(E), which is what triggers the mandatory revocation or suspension duty in § 121F(u)(1).
Massachusetts regulates chemical spray separately. MGL c. 140, § 121 defines "self-defense spray" as chemical mace, pepper spray, or any device or instrument that contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate. Under MGL c. 140, § 122D(a), no person under 18 years of age may purchase or possess self-defense spray without a self-defense spray permit issued by a licensing authority in accordance with § 121F. Under MGL c. 140, § 122C(c), a person under 18 who possesses self-defense spray without a permit shall be punished by a fine of not more than $300.
Section 8A gives an occupant of a dwelling a defense in a prosecution, on stated conditions, with no duty to retreat from a person unlawfully in that dwelling. Everything past that boundary, including force used away from home and the interaction between a defensive shooting and your license, is territory where a Massachusetts attorney's judgment is worth far more than a summary. Find that attorney now, not after an incident. This page is general information about Massachusetts law and is not legal advice.
View this topic on its own page: Massachusetts Use of Force Laws
Massachusetts puts its castle doctrine in one paragraph of the criminal trial statutes. It is MGL c. 278, s. 8A, titled "Killing or injuring a person unlawfully in a dwelling; defense," and it sits in Part IV, Title II, Chapter 278, the chapter covering "TRIALS AND PROCEEDINGS BEFORE JUDGMENT." Where it sits tells you a great deal about what it does. It is a defense raised in a prosecution, and everything it says is tied to a dwelling.
Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.
That is the entire statutory text. Every phrase below is drawn from it, because every phrase in it does work.
The defense is written for "a person who is an occupant of a dwelling," and it requires that "the occupant was in his dwelling at the time of the offense." Both halves matter. The statute does not speak to a person standing outside the dwelling, and it does not speak to a person who is somewhere other than the dwelling the statute ties them to.
Section 8A does not carry its own definition of "dwelling," and it does not spell out how the words "his dwelling" apply to a guest, a tenant, a roommate, a short-term rental, or a shared building with common hallways and stairwells. Those are exactly the questions that decide cases, and they are questions for a Massachusetts criminal defense attorney, not for a guide.
The person against whom force was used has to have been "unlawfully in said dwelling." That phrase recurs throughout the paragraph, and it is the hinge of the whole provision, including the no-retreat sentence at the end.
Nothing in the text reaches a person who was lawfully inside. A dispute between people who both belong in the home does not fit the words of the statute. Neither does a confrontation with someone who has already left. Whether a particular person was lawfully or unlawfully in a dwelling at a particular moment is a fact question, and the answer is not always obvious to the occupant in the moment.
The occupant must have "acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling."
Read that threshold carefully. It is not fear generally, and it is not the mere fact of an unlawful entry. It is a reasonable belief about an imminent infliction of great bodily injury or death. The statute also does not describe property damage, theft, or an unlawful presence standing alone as the trigger. The statute requires that the belief be "reasonable." It does not define that word, and section 8A supplies no test for it.
The protected persons are named: the occupant, or "another person lawfully in said dwelling." The text covers defending a family member or a lawful guest who is inside with you. It does not, by its terms, describe defending someone outside the dwelling.
The last requirement is that "said occupant used reasonable means to defend himself or such other person lawfully in said dwelling." The statute does not define reasonable means, does not set a list of permitted force, and does not say that any level of force becomes automatically reasonable because the intrusion was unlawful. What was reasonable is judged after the fact, on the specific facts, by a judge or jury.
The final sentence is the piece most people mean when they say castle doctrine: "There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling."
Notice how narrowly it is written. The no-retreat rule runs to a specific occupant, in that occupant's dwelling, against a specific person who is unlawfully in that dwelling. Section 8A states no retreat rule for any other place and no retreat rule as to anyone else. It also does not lift any of the other requirements above. An occupant who does not have to retreat still has to satisfy the reasonable belief and reasonable means requirements before the defense applies.
By its own words, section 8A applies "In the prosecution of a person." It creates a defense that gets raised in a criminal case. It does not say that police may not arrest, that a prosecutor may not charge, or that a case must be dismissed before trial. It does not grant immunity, and it says nothing about civil liability.
The practical consequence is worth being blunt about. What section 8A provides is an argument available to an occupant once a prosecution exists. What it does not provide is any bar to arrest, any bar to charging, or any procedure for ending a case before trial. Do not read it as something that keeps a case from being brought. Anyone who has used force, or who is being investigated after using force, should contact a Massachusetts criminal defense attorney immediately and before speaking with investigators.
Section 8A is keyed to a dwelling. It contains no rule for a vehicle, no rule for a place of business, and no rule for a yard, porch, driveway, garage, or other ground outside the dwelling itself. Do not assume the no-retreat sentence follows you into a car, a workplace, a parking lot, or a public street, because the statute does not say that.
Massachusetts self-defense law outside the dwelling is not governed by section 8A. If your question involves force used anywhere other than inside a dwelling against a person unlawfully in it, that question needs a Massachusetts attorney who can apply the state's broader self-defense law to your facts. See the use of force section of this guide for the related material.
Two firearm discharge offenses in MGL c. 269, as rewritten by St. 2024, c. 135, are built around dwellings and both carve out lawful defense.
Under MGL c. 269, s. 12E(a), "Whoever discharges a firearm as defined in section 121 of chapter 140 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both such fine and imprisonment." Subsection (b) then provides that "This section shall not apply to any of the following: (i) the lawful defense of life and property; (ii) any law enforcement officer acting in the discharge of their duties; or (iii) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in accordance with section 39 of chapter 148."
Under MGL c. 269, s. 12G, "Whoever by intentional or reckless discharge of a firearm, as defined in section 121 of chapter 140, strikes a dwelling or other building in use shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for not more than 5 years or by a fine of not more than $10,000, or both such imprisonment and fine." The same section states that it "shall not apply to persons acting in the lawful defense of life or property or any law enforcement officer acting in the discharge of their duties."
These carve-outs are exceptions to those two discharge offenses. They are not a separate castle doctrine, they do not enlarge section 8A, and they do not decide whether a defense to a killing or injury succeeds.
The defense in section 8A speaks to a charge of "killing or injuring" a person unlawfully in the dwelling. It says nothing about licensing, and a defense to one charge is not a defense to another.
Licensing still applies at home. MGL c. 269, s. 10(a) reaches a person who "knowingly has in his possession" a firearm without any one of a list of conditions being met, and the first condition on that list is "being present in or on his residence or place of business." Presence in the residence satisfies that condition, which takes possession there outside what s. 10(a) reaches. What the subsection expressly preserves for the home is a different requirement: its provisions "shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business." Where s. 10(a) is violated, the penalty it sets is "imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction," and the statute directs that the sentence "shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence ..."
Being in your own home, in other words, is not a substitute for being licensed. See the restrictions and storage sections of this guide for the licensing and secure storage rules that apply to firearms kept in a residence.
Section 8A is short, and its shortness is the point: almost everything that decides a real case lives in the words "reasonable belief," "reasonable means," "unlawfully," and "dwelling," and those get decided on specific facts by a court. This page describes the statute. It is not legal advice, and it cannot tell you whether a particular use of force is lawful. For anything close to the line, and for any question about force used outside a dwelling, talk to a Massachusetts attorney.
View this topic on its own page: Massachusetts Castle Doctrine: Defending Yourself Inside a Dwelling
Two different rules get confused under the heading "duty to inform." One is a duty to volunteer, unprompted, that you are armed. The other is a duty to exhibit a credential when an officer asks for it. Massachusetts addresses credentials in several places, and the trigger attached to each one decides whether it does anything during a police encounter.
These provisions were read in full: MGL c. 140, Sections 121, 121F, 129B, 129C, 131, 131C and 131F, and MGL c. 269, Section 10. None of them requires a license holder to volunteer to an officer that they are armed, and none of them requires a license holder to exhibit a license to an officer on request. The one presentation duty located in those sections is Section 129C(f), and its trigger is a purchase and the person owed the identification is the seller. The catchline printed on Section 129C promises "exhibiting license to carry, etc. on demand," but that catchline no longer matches the section's enacted text, for the reason set out below. The one carry-the-credential condition found among the provisions listed above is federal, at 18 U.S.C. 926B and 926C, and it runs to qualified and retired law enforcement officers.
What that leaves for a police encounter is a license that does its work through the elements of an offense rather than through anything the holder says. Section 10(a) protects a person "having in effect" a license issued under Section 131 or Section 131F, so the operative fact is that the license is valid, not that it is in hand at that moment. Carrying the physical credential is still the practical course. Separately, Section 121F(t) directs an officer who discovers a firearm on a person whose license or card has expired past the Section 121F(s) grace period to confiscate both the firearm and the credential. Conduct during the encounter reaches the license by a separate route, the Section 121F(k) unsuitability standard, which is set out below.
MGL c. 140, Section 131 opens: "The issuance and possession of a license to carry firearms shall be subject to the following conditions and restrictions." Its lettered subsections run through (h).
Subsection (a) fixes the entitlement: "A license shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor. The license shall not entitle a holder thereof to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 131M."
Subsection (d) opens the application on several routes, not residency alone: "A lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a license to carry firearms, or renewal of the same." The substantive standards sit elsewhere: the licensing authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable."
Subsection (g) is the continuing reporting duty Section 131 imposes on a holder, and it runs to the registration system rather than to an officer in the field: "A person issued a license under this section shall report any change of address via the electronic firearm registration system administered by the commissioner of the department of criminal justice information services." Notification "shall be made on said electronic firearms registration system within 30 days of its occurrence," and "Failure to notify in a timely manner shall be cause for revocation or suspension of said license."
Note the breadth of what a license covers. Section 121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," together with the frame or receiver, excluding "any antique firearm or permanently inoperable firearm." Rifles and shotguns sit inside that definition. Section 121 opens "As used in sections 122 to 131Y, inclusive," so that definition governs section 131C and section 131L by its own terms.
The catchline carried on MGL c. 140, Section 129C reads: "Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to commissioner; exemptions; exhibiting license to carry, etc. on demand."
The enacted text under that catchline was replaced in full. St. 2024, c. 135, SECTION 45 strikes "out section 129C, as so appearing, and inserting in place thereof the following section." The section inserted in its place opens: "Section 129C. (a) Possession of a firearm or ammunition for a particular purpose and limited time without being duly issued a license, permit or card under sections 129B, 131, 131A or 131F shall be permitted by:". Its lettered subsections run through (m). Most of them set out categories of possession permitted without a license or card: surrendering owners, new and returning residents, heirs and devisees, supervised possession for instruction, common carriers, banks, manufacturers and museums and veterans organizations, military and police on official duty, signaling devices, and several nonresident allowances. Some do other work. Subsection (g) permits a person who holds the appropriate license, permit or card to furnish "a minor or person under 21 years of age with a firearm and ammunition for hunting, instruction, recreation and participation in shooting sports." Subsection (l) directs the colonel of the state police to "determine those states with substantially similar requirements to those of the commonwealth" and to "annually publish a list of those states." Subsection (m) is a savings clause: "Nothing in this section shall supersede the firearm registration and serialization requirements pursuant to sections 121B and 121C."
Within that section, the credential-presentation duty stated in the text is in subsection (f), and its trigger is a purchase rather than a police encounter: "Upon purchase, a person exempted under this subsection shall submit to the seller full and clear proof of identification, including shield number, serial number, military or governmental order or authorization, military or other official identification, as applicable."
That is the distinction worth holding onto. A duty running to a seller at the moment of purchase is not a duty running to an officer at the roadside, and Section 129C states its identification duty in the former terms.
The license does real work during a police contact. Because none of the sections listed above states a disclosure command, that work happens through the elements of an offense. MGL c. 269, Section 10(a) begins: "Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:". What follows is a numbered enumeration, and the first item defeats liability on its own without reference to any license: "(1) being present in or on his residence or place of business." The remaining items are "having in effect a license to carry firearms issued under" Section 131 or Section 131F, "(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty," and compliance as to an air rifle or BB gun with Section 12B. Read that route with care: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of section 10(a) still names it.
Section 10(a) then states a parallel enumeration for "a rifle or shotgun, loaded or unloaded," repeating the residence-or-place-of-business item and the license items, but diverging at the fourth item: "(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty." The long gun list also carries its own Section 129C route, "(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of not semiautomatic rifles and shotguns," which, unlike item (4) of the firearm list, does not cross-reference the repealed Section 131G.
The grading is severe. A violation "shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction." The sentence "shall not be reduced to less than 18 months, nor suspended," and no person convicted is eligible for "probation, parole, work release, or furlough" or for good-conduct deductions "until he shall have served 18 months of such sentence."
The statute states the licensee's protection in terms of the license being in effect rather than in hand: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."
For the firearm identification card, MGL c. 140, Section 129B(c) sets the entitlement: "A firearm identification card shall entitle a holder thereof to purchase, transfer, possess and carry rifles and shotguns that are not large capacity or semi-automatic, and the ammunition therefore." Section 129B(e) carries the same change-of-address reporting duty, and "Failure to so notify shall be cause for revocation or suspension of such card." Noncompliance with Section 129C is separately graded under MGL c. 269, Section 10(h)(1): a person who "owns, possesses or transfers a firearm or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500." On a second or subsequent violation the fine ceiling doubles and both penalties become available at once: imprisonment "in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both." The custodial ceiling stays at 2 years.
MGL c. 140, Section 121F(t) speaks most directly to what happens when an officer finds a firearm on a person, and it commands the officer rather than the holder: "Any law enforcement officer who discovers a person to be in possession of a firearm after such person's license or card has expired, meaning after 90 days beyond the stated expiration date on the license or card or has been revoked or suspended solely for failure to given notice of a change of address, shall confiscate such firearm and the expired or suspended license or card then in possession and such officer shall forward such license or card, as soon as practical, to the licensing authority that issued the expired license or card."
The phrase "failure to given notice" in that passage is the wording carried in the codified text.
The officer must provide "a written inventory and receipt for all firearms confiscated." The firearm "shall be considered surrendered and subject to the conditions of section 129D," and "shall be returned to the owner if proof of license or permit reinstatement is provided within 1 year of confiscation."
The holder in that position faces a fine rather than the Section 10 exposure. Section 121F(t) provides that a person whose license or card "is invalid for the sole reason that it has expired, not including licenses and cards that remain valid under subsection (s), and not otherwise disqualified from renewal upon application, shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." The clause in the middle of that sentence decides whether the fine reaches a given holder at all. A credential that remains valid under subsection (s) is outside subsection (t), so the fine does not reach a holder who applied for renewal before the expiration date or who is inside the 90-day window described in the next paragraph. That exemption is withheld where the license or card "has been revoked or suspended," is "the subject of pending revocation or suspension," or "has had an application for renewal denied," subject to the change-of-address carve-out in the same sentence, and it "shall not apply to temporary licenses to carry under section 131F."
Section 121F(s) keeps an expired credential valid "for all lawful purposes" where the holder applied for renewal before expiration, is on active duty with the armed forces on the expiration date, or where "the expiration period has not yet exceeded 90 days beyond the stated date of expiration, unless such license to carry or firearm identification card has been revoked or suspended."
MGL c. 140, Section 131C states its conditions in terms of how a firearm is carried, and attaches its penalties to the manner of carry. Subsection (a) provides that no person carrying a loaded firearm under a license or a Section 129C exemption "shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person. Whoever violates this subsection shall be punished by a fine of $500."
Subsection (b) is narrower than it reads at a glance. It reaches only a large capacity long gun: a person possessing "a large capacity rifle or shotgun" under a license or a Section 129C exemption may not possess it in a vehicle "unless the large capacity firearm is unloaded and secured in a locked container as defined in section 121." A violation draws "a fine of not less than $500 nor more than $5,000."
A loaded rifle or shotgun that is not large capacity is outside subsection (b) entirely. It is a "firearm" under the Section 121 definition quoted above, which names rifle and shotgun in terms, so it is governed by subsection (a) and its direct-control condition, and the fine for violating that condition is $500.
The licensing consequence is automatic on conviction. Under subsection (d), a conviction "shall be reported immediately by the court or magistrate to the licensing authority," which "shall immediately revoke the firearm identification card or license." No new card or license "may be issued to a person convicted of a violation of this section until 1 year after the date of revocation."
None of the sections listed above creates a notification offense, but conduct during a police contact still reaches the license, through the suitability standard. MGL c. 140, Section 121F(u)(1) states a mandatory branch and a discretionary one, and the difference between shall and may is the whole of it. The mandatory branch: "A licensing authority shall revoke or suspend any license, card or permit pursuant to sections 122, 122B, 122D, 129B, 131 or 131F upon the occurrence of any event which makes the licensee, card or permit holder a prohibited person as defined subsection (j)." The discretionary branch follows in the next sentence: a licensing authority "may also revoke or suspend any license, card or permit" issued under those sections "upon a subsequent determination of unsuitability as defined in subsection (k) or upon satisfactory proof that the license, card or permit holder has violated or permitted any violation of this chapter."
Subsection (k) supplies the standard: "A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others."
Section 121F(u)(2) sets the procedure: any revocation or suspension "shall be in writing and shall state the reasons," and "No pendency of proceedings before the court shall operate to stay such revocation or suspension." A firearm identification card is treated differently. Under Section 121F(u)(1), for a card issued under Section 129B "a licensing authority shall file a petition to the district court for suspension or revocation of said card, and said petition shall effect such suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court shall make within 15 days of the filing of the petition."
For officers carrying under the Law Enforcement Officers Safety Act, the federal statute conditions the carry authority on having the credential with you. Both 18 U.S.C. 926B and 18 U.S.C. 926C extend their protection to a qualified officer "who is carrying the identification required by subsection (d)."
| Statute | What it states |
|---|---|
| MGL c. 140, Section 131(a), (d), (g) | Entitlement, who may apply, address reporting |
| MGL c. 140, Section 129C(f) | Identification to the seller upon purchase |
| MGL c. 140, Section 129B(c), (e) | FID card entitlement and address reporting |
| MGL c. 140, Section 121F(s), (t) | Expiration grace, officer confiscation, $100 to $5,000 fine |
| MGL c. 140, Section 121F(k), (u) | Unsuitability standard, revocation and suspension |
| MGL c. 140, Section 131C | Vehicle carry conditions, fines, revocation on conviction |
| MGL c. 269, Section 10(a), (h) | Possession offense elements and grading |
| 18 U.S.C. 926B, 926C | Federal carry conditioned on carrying identification |
View this topic on its own page: Massachusetts Duty to Inform Law Enforcement
MGL c. 269, s. 10H is titled "Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants, stimulant or toxic vapor substances; punishment." One sentence carries the whole offense:
Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
The grading is the closing clause: a fine of not more than $5,000, or house of correction imprisonment for not more than two and one-half years, or both. It is a ceiling with no floor: no mandatory minimum, no state prison option, no repeat-offense enhancement.
The per se clause is recent. St. 2024, c. 135, "An Act Modernizing Firearm Laws," inserted it at SECTION 133, which amended s. 10H by adding after the figure "140," in line 4 the words "while with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or." Before that the section ran on the "under the influence" language alone, so material describing s. 10H without the eight one-hundredths clause predates the act.
The clause speaks of "a percentage, by weight, of alcohol in their blood." Section 10H sets that number and stops. It states no testing procedure, no consent provision, no consequence for refusing a test, and no presumption attached to a lower reading.
The opening clause is a status element: "having in effect a license to carry firearms issued under section 131 or 131F of chapter 140." Section 131 is the resident license to carry. Section 131F is the temporary license to carry issued by the colonel of state police "to a nonresident or any person not falling within the jurisdiction of a local licensing authority," and to a citizen or national of the United States or a person maintaining legal permanent residency "for purposes of firearms competition." Its catchline still reads "Nonresidents or aliens," but St. 2024, c. 135, SECTION 61 struck "alien that resides outside the commonwealth" from the body and inserted "a citizen or national of the United States or a person who maintains legal permanent residency." Eligibility for both now runs through MGL c. 140, s. 121F, because St. 2024, c. 135 restructured s. 131 down to subsections (a) through (h) and moved the prohibited person and unsuitability standards into the new s. 121F. Section 131(d) says as much: the authority "shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F."
Section 10H is written against licensed carry. A person with no such license answers instead to MGL c. 269, s. 10(a), below.
The conduct branches. Either the person "carries on his person," or "has under his control in a vehicle." The vehicle branch requires neither driving nor touching the firearm. Control is the test.
"Loaded" is the section's own qualifier and it does real work: the cross-reference to MGL c. 140, s. 121 attaches to the word "firearm," not to "loaded." The s. 121 definition is expressly indifferent to loading: "Firearm" covers "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded," plus the frame or receiver, excluding antique and permanently inoperable firearms. Section 10H narrows that. The definition also settles a misreading in the other direction: "firearm" in Massachusetts includes rifles and shotguns, so a loaded shotgun under the carrier's control in a vehicle is within s. 10H the same way a loaded pistol on the belt is.
The statute gives an intoxication threshold and an impairment standard. Either satisfies the element.
Blood alcohol. "while with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater." No further proof of impaired faculties appears in that clause.
Under the influence. "while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270." This route has no numeric trigger. It reaches alcohol at any level, and its drug categories take their contours from the MGL c. 94C, s. 1 definitions rather than from s. 10H. Marijuana is named, and nothing in s. 10H carves out marijuana that is lawfully possessed or lawfully consumed.
Section 131C(a) governs the same situation from the licensing side. No person carrying a loaded firearm under a license issued pursuant to s. 129B, s. 131 or s. 131F, or through a s. 129C exemption, "shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person." A violation carries "a fine of $500."
The consequence in s. 131C(d) is not discretionary. A conviction "shall be reported immediately by the court or magistrate to the licensing authority," the licensing authority "shall immediately revoke the firearm identification card or license of the person convicted," and no new card or license may issue "until 1 year after the date of revocation."
Read together, the two provisions turn on control in opposite ways. Section 10H punishes having the loaded firearm under your control in the vehicle while impaired; s. 131C(a) punishes carrying it in the vehicle while it is not under your direct control. That much sits on the face of both texts. What the texts do not do is close the gap between them, and the rest of this paragraph is a reading of their words rather than a sourced rule. Neither "control" in s. 10H nor "direct control" in s. 131C(a) is defined in either section or among the s. 121 definitions, and no source in the available materials construes either term or addresses a transfer to a passenger. Section 131C(a) binds a "person carrying a loaded firearm" in a vehicle, so on its words a licensee who has handed the firearm to a licensed passenger who then has direct control may no longer be the person carrying it, and the passenger may satisfy the subsection. Whether the transferring licensee is still carrying for s. 131C(a) purposes is unanswered in the available sources.
MGL c. 140, s. 131L(a) turns on control too. Its storage duty reaches a firearm that is "stored or kept," and "such firearm shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user." That carve-out is disjunctive. The firearm stays outside the storage duty while it is carried by the owner or other lawfully authorized user, and it stays outside while it is under that person's control. Setting the firearm down defeats the first limb only. The s. 131L requirement that a firearm be "secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such firearm inoperable by any person other than the owner or other lawfully authorized user" attaches only when both limbs fail, and no source in the available materials defines either limb. A violation is graded, for a firearm that is not large capacity or a machine gun, at a fine of not less than $1,000 nor more than $7,500 or imprisonment for not more than 1 1/2 years, or both.
The quoted texts do leave one combination open. Section 10H reaches only "a loaded firearm," and s. 131C(a) reaches only a "person carrying a loaded firearm" in a vehicle, so an unloaded firearm is outside both. Unloaded and "secured in a locked container," which s. 121 defines as "secured in a container that is capable of being unlocked only by means of a key, combination or similar means, including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox," it also answers the s. 131L storage duty on that section's own terms. No source in the available materials construes that combination, so this is a reading of the quoted words rather than sourced guidance.
The 2024 act replaced MGL c. 131, s. 62 at SECTION 13 with a parallel prohibition. A person at or above the same eight one-hundredths blood alcohol level, or under the influence of intoxicating liquor or of the substances defined in MGL c. 94C, s. 1, or who "intentionally smells or inhales" toxic vapor fumes in violation of MGL c. 270, s. 18, "shall not hunt or carry a firearm, bow and arrow or other firearm while engaged in hunting or target shooting." The grading matches s. 10H: a fine of not more than $5,000 or imprisonment in the house of correction for not more than 2 1/2 years, or both. The status element differs: s. 62 opens on "A person," conditions nothing on holding a license, and is not limited to a loaded firearm.
Provenance matters here. The s. 62 text above is the text as enacted by SECTION 13, not a codified scrape; the available sources do not include a published c. 131, s. 62 against which to confirm it as currently in force. And SECTION 14 of the same act struck the figure ", 62" from line 7 of MGL c. 131, s. 90, so the legislature detached s. 62 from an enumeration in s. 90 at the moment it rewrote s. 62 and gave it its own grading. The available sources do not include s. 90, so what that enumeration carries cannot be stated here.
Prohibited person status, s. 121F(j). A licensing authority "shall deny any application for a permit, card or license issued under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal thereof, to a person the licensing authority determines to be a prohibited person." No source in the available materials says that a s. 10H conviction makes a person a prohibited person, and the chapeau just quoted puts the determination with the licensing authority. What follows is a reading of the clause text against the s. 10H grading.
Clause (i)(D) reaches "a violation of any law regarding the use, possession, ownership or transfer of firearms or ammunition for which a term of imprisonment may be imposed." That route needs no premise from outside the clause and the section being read against it: s. 10H is a law regarding the possession and use of firearms, and by its own words it authorizes imprisonment in the house of correction. Clause (i)(B) reaches conviction of "a misdemeanor punishable by imprisonment for more than 2 years," and s. 10H authorizes up to two and one-half, but that route carries a premise the available sources cannot supply, that a s. 10H offense is a misdemeanor. No source in those materials defines misdemeanor or felony. The reader does not have to resolve it, because clause (i)(A) reaches "a felony," so a conviction lands in (A) or (B) whichever way the classification runs. A separate MGL c. 94C conviction for the underlying substance would engage clause (i)(E). Clause (iv) reaches a person "currently the subject of an outstanding arrest warrant," which can matter before any conviction issues.
Clause (ii) turns on commitment rather than conviction, and its alcohol and substance limbs sit closest to this subject. Clause (ii)(A) reaches a person who is or has been "committed to a hospital or institution for mental illness or alcohol or substance use disorder, except a commitment pursuant to sections 35 or 36C of chapter 123," and it carries its own way back: the disqualification lifts if, "after 5 years from the date of the confinement," the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting familiarity with the disorder and opining that the applicant is not suffering from it "in a manner that shall prevent the applicant from possessing a licensed firearm." Clause (ii)(D) reaches a person "found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to said section 35 of said chapter 123," unless the applicant "was granted a petition for relief of the court order" under that same section and submits a copy of the order with the application.
A hold is not by itself disqualifying. An intoxication incident can reach a licensing authority with no arrest and no conviction behind it. SECTION 12 of the 2024 act added subsection (e) to MGL c. 123, s. 36C, which requires a law enforcement agency that "applies for or is involved in the restraint and application for hospitalization of a person pursuant to subsection (a) or (b) of section 12" to transmit the incident log or report number and the person's identifying information to the department of criminal justice information services, which supplies it to licensing authorities. The same subsection then sets the limit: "No person shall be considered prohibited from being issued a license, card or permit under sections 122, 122B, 129B, 131 or 131F of said chapter 140 due solely to the person's restraint and application for hospitalization pursuant to said subsection (a) or (b) of said section 12 unless the licensing authority determines the person is disqualified for said license, card or permit or unsuitable for the same under section 121F of said chapter 140." Where the authority does weigh suitability, the subsection requires it to "make inquiries to the law enforcement agency that submitted the record of the restraint and application for hospitalization and to the court that ordered or denied the commitment." The documents sent to the department may not include information about the person's "medical or psychiatric diagnosis, treatment plans, mental health medications, mental health care providers or other information of a clinical nature." A person denied a license under that subsection without a court order of commitment "may, after 5 years from the date of denial, file a petition for relief" with the court that denied the commitment.
Read the proviso closing clause (i) carefully. Commission of a crime described in clauses (B), (D) or (E) "shall only disqualify an applicant for a firearm identification card under section 129B for 5 years" after conviction, adjudication, or release from supervision, whichever is later. That limit is written for the FID under s. 129B. It is not a five-year limit on the license to carry.
Note also that the standalone codified text of s. 121F(j) stops at clause (vi), the dishonorable discharge clause, ending on a dangling "or." The enacting act supplies the missing clause (vii): "is a fugitive from justice."
Unsuitability, s. 121F(k). Independent of the prohibited person list, a licensing authority shall deny an application or renewal under the same enumerated sections to a person it "determines to be unsuitable." The test: "A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others." Such a denial must be in writing and set forth the specific reasons, and it does not wait for a conviction.
Revocation and suspension, s. 121F(u). Under s. 121F(u)(1) a licensing authority "shall revoke or suspend any license, card or permit pursuant to sections 122, 122B, 122D, 129B, 131 or 131F upon the occurrence of any event which makes the licensee, card or permit holder a prohibited person as defined subsection (j)." That is mandatory. The same paragraph adds discretionary grounds: the authority "may also revoke or suspend" on a subsequent determination of unsuitability under subsection (k), "or upon satisfactory proof that the license, card or permit holder has violated or permitted any violation of this chapter." That last hook is limited by its own words to chapter 140, so it reaches a s. 131C violation directly. Section 10H sits in chapter 269 and reaches the license through the prohibited person and unsuitability routes instead.
Under s. 121F(u)(2), revocation or suspension "shall be in writing and shall state the reasons," and "No pendency of proceedings before the court shall operate to stay such revocation or suspension." A revoked or suspended license "may be reinstated only upon the termination of all disqualifying conditions."
Once the license is revoked, suspended or denied, s. 129D(a) attaches at once. The person "shall, without delay, deliver or surrender to the licensing authority where the person resides all firearms or ammunition which are registered to the person or that the person then possesses," and report the surrender to the electronic firearms registration system under s. 121B. The obligation covers everything the person holds, not the firearm involved in the incident.
The person or the person's legal representative then has a right, "at any time up to 1 year after the delivery or surrender," to transfer the property to a licensed dealer or to a person legally permitted to receive it, and the licensing authority must give written notice of that right at surrender. The right carries a carve-out that bites here: "such transfer shall not be permitted if the firearm may be evidence in any pending criminal investigation." Under s. 129D(c), firearms and ammunition "not disposed of within 1 year of delivery or surrender pursuant to this section shall be sold at public auction by the colonel of the state police," with proceeds "remitted to the General Fund."
A person carrying with no license in effect under s. 131 or s. 131F answers to s. 10(a), which reaches whoever, except as provided or exempted by statute, "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty" without a listed alternative.
Section 10(a) sets out parallel enumerations, and they are not identical. For a firearm, the alternatives are being present in or on his residence or place of business; an LTC in effect under s. 131; an LTC in effect under s. 131F; "having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty"; or, as to an air rifle or BB gun, compliance with s. 12B. Read that compliance route with care: St. 2024, c. 135, SECTION 64 provides that "Section 131G of said chapter 140 is hereby repealed," while the text of s. 10(a) still names it. Section 129C is the surviving half of that route, and a charge under s. 10(a) is graded as set out below. The enumeration for "a rifle or shotgun, loaded or unloaded" repeats the residence or place of business alternative and the license alternatives, then diverges: its clause (4) is the s. 129B firearms identification card, followed by s. 129C compliance as to rifles and shotguns that are not semiautomatic and the s. 12B air rifle route. Being present in or on his residence or place of business defeats liability under s. 10(a) standing on its own, in either enumeration.
The grading is front-loaded: "imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction," with the sentence not reducible below 18 months, not suspendable, and no eligibility for probation, parole, work release, furlough or good conduct deductions until 18 months are served. Prosecutions "shall neither be continued without a finding nor placed on file." The license defense sits in the same subsection: no person having in effect a license to carry firearms for any purpose under s. 131 or s. 131F "shall be deemed to be in violation of this section."
If the firearm was loaded, MGL c. 269, s. 10(n) adds a consecutive term: violating paragraph (a) or paragraph (c) "by means of a loaded firearm shall be further punished by imprisonment in the house of correction for not more than 21/2 years," to "begin from and after the expiration of the sentence" for the underlying paragraph.
View this topic on its own page: Massachusetts Carrying Under the Influence
A Massachusetts license to carry is not a license to own anything. MGL c. 140, s. 131(a) draws the line inside the license itself. A license entitles the holder "to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," but "shall not entitle a holder thereof to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 131M."
Large capacity feeding devices and assault-style firearms therefore sit outside the license. Whether a licensee may touch either turns on a date in MGL c. 140, s. 131M and on definitions in MGL c. 140, s. 121 that carry their own provisos and exclusions.
This section covers weapon classes. For where a licensee may and may not carry, see PROHIBITED_PLACES. For who is disqualified from holding a license at all, see PERMIT_BASICS.
St. 2024, c. 135, "An Act Modernizing Firearm Laws," was approved July 25, 2024. SECTION 49 struck MGL c. 140, s. 131 and replaced it with a section running (a) through (h), and SECTION 32 inserted a new s. 121F carrying eligibility and process. Any citation to an s. 131 subsection past (h) is therefore dead.
The operative prohibition is MGL c. 140, s. 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."
The exceptions are dated, and the dates differ by item.
| Item | Grandfather date | Conditions |
|---|---|---|
| Assault-style firearm | Lawfully possessed in the commonwealth on August 1, 2024 | s. 131M(b): owner holds an s. 131 license to carry or an s. 122 license to sell, and "the assault-style firearm shall be registered in accordance with section 121B and serialized in accordance with section 121C" |
| Large capacity feeding device | Lawfully possessed on September 13, 1994 | s. 131M(c): possession allowed "only if" within the listed places and transport, and "stored unloaded and secured in a locked container in accordance with sections 131C and 131L" |
The feeding device carve-out is the narrower one. Section 131M(c) permits pre-1994 device possession on private property the possessor owns or legally controls, on private property not open to the public with the owner's express permission, at a dealer or gunsmith for lawful repair, at a licensed range or competition venue, and while traveling to and from those locations. It then closes the resale market: such a possessor "may only transfer the device to an heir or devisee, a person residing outside the commonwealth, or a licensed dealer."
SECTION 153 of c. 135 protects the license, not the inventory rules. A valid license to carry, FID card or license to sell "shall remain valid until the expiration, suspension or revocation" and "shall entitle the holder to possess the firearms authorized by the license at the time it was last issued or renewed."
MGL c. 140, s. 121 defines "Assault-style firearm" as any firearm which is:
| Clause | Statutory text (condensed to the operative test) |
|---|---|
| (a) | "a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes at least 2 of the following features": folding or telescopic stock; thumbhole stock or pistol grip; forward, second or protruding grip for the non-trigger hand; "a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature"; or a heat shroud encircling the barrel, "excluding a slide that encloses the barrel" |
| (b) | "a semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least 2 of the following features": capacity to accept a feeding device attaching outside the pistol grip; second or protruding grip for the non-trigger hand; "a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer"; or a heat shroud encircling the barrel, "excluding a slide that encloses the barrel" |
| (c) | "a semiautomatic shotgun that includes at least 2 of the following features": folding or telescopic stock; thumbhole stock or pistol grip; protruding grip for the non-trigger hand; or "the capacity to accept a detachable feeding device" |
| (d) | "Any firearm listed on the assault-style firearm roster pursuant to section 131 3/4" |
| (e) | Firearms named in the statute "or copies or duplicates of these firearms, of any caliber": the Avtomat Kalashnikov in all models, IMI UZI and Galil, Beretta AR70, Colt AR-15, FN/FAL, FN/LAR and FNC, SWD M-10, M-11, M-11/9 and M-12, Steyr AUG, INTRATEC TEC-9, TEC-DC9 and TEC-22, and "revolving cylinder shotguns including, but not limited to, the Street Sweeper and Striker 12" |
| (f) | A copy or duplicate of anything in (d) or (e): a firearm "configured with an ability to accept a detachable magazine" whose internal components are "substantially similar" to, or whose receiver "is the same as or interchangeable with," an enumerated firearm, unless "sold, owned and registered prior to July 20, 2016" |
Clause (g) is the exclusion, and it removes whole categories of firearm from the definition:
"'Assault-style firearm' shall not include any: (i) firearm that is operated by manual bolt, pump, lever or slide action; (ii) firearm that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault-style firearm; (iii) firearm that is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an assault-style firearm; (iv) any of the firearms, or replicas or duplicates of such firearms, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such firearms were manufactured on October 1, 1993; or (v) semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable feeding device."
The roster in clause (d) is not static. Under MGL c. 140, s. 131 3/4 as replaced by St. 2024, c. 135, SECTION 51, the secretary of public safety and security compiles "a roster of assault-style firearms banned under section 131M and a roster of firearms approved for sale and use in the commonwealth," reviewed, updated and published online "not less than 3 times annually." Licensing authorities pass roster information to holders "upon initial issuance and every renewal."
MGL c. 140, s. 121 defines "Large capacity firearm" as any firearm that "(i) is semiautomatic with a fixed large capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle; (iii) employs a rotating cylinder capable of accepting more than 10 rounds of ammunition or more than 5 shotgun shells; or (iv) is an assault-style firearm."
The proviso that follows controls how the label operates: "provided, however, that 'large capacity firearm' shall be a secondary designation and shall apply to a firearm in addition to its primary designation as a firearm, and shall not include, any firearm that: (a) operates by manual bolt, pump, lever or slide action; (b) is a single-shot firearm; (c) has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity firearm; or (d) is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an operable large capacity firearm."
Clause (ii) turns on co-possession as well as hardware. A semiautomatic firearm that is "capable of accepting, or readily modifiable to accept," a detachable large capacity feeding device becomes a large capacity firearm when the firearm and the device are in the same person's possession or under their control in a vehicle. A semiautomatic firearm that cannot accept such a device and is not readily modifiable to accept one does not become a large capacity firearm because a device is nearby. The firearm stays inside the LTC under s. 131(a); the device that produced the designation does not.
The same section defines the device as "(i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person."
Its exclusions read: "provided, however, that 'large capacity feeding device' shall not include: (a) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells; (b) an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition; or (c) a tubular magazine that is contained in a lever-action firearm or on a pump shotgun."
There is no separate handgun threshold here, so a pistol magazine crosses the line at the same round count as a rifle magazine.
MGL c. 140, s. 121 defines "Machine gun" as a firearm "which may automatically discharge more than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or modified by automatic conversion, including through the use of an automatic part," or one "modified by automatic conversion to alter or increase its rate of fire to mimic automatic fire," and it "shall include a submachine gun."
An ordinary license to carry does not reach one. MGL c. 140, s. 131(f) provides that "No person shall be issued a license to carry a machine gun in the commonwealth," excepting a machine gun license for an MPTC-certified instructor teaching police personnel or for "a bona fide collector of firearms as defined in section 121." Those exceptions "shall not apply to automatic devices or automatic parts."
Rate-increasing hardware is defined separately in s. 121 and criminalized alongside sawed-off shotguns in MGL c. 269, s. 10(c). A "Bump stock" is a device that "increases the rate of fire achievable with such weapon by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger." A "Rapid-fire trigger activator" reaches any device "designed to increase the rate of fire of a semiautomatic firearm when attached" or parts "designed to substantially increase the rate of fire," with a proviso excluding adjustment of "the trigger pull weight of a firearm" and "adjusting or replacing a magazine spring." A "Trigger modifier" is "any modification that repeatedly activates the trigger of a firearm, including, but not limited to, trigger cranks, binary triggers and hellfire triggers."
MGL c. 140, s. 121 defines "Sawed-off shotgun" as "any firearm made from a shotgun, whether by alteration, modification or otherwise, if such firearm as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches." A lawful "Shotgun" needs a barrel "equal to or greater than 18 inches with an overall length equal to or greater than 26 inches"; a "Rifle" needs a rifled bore and a barrel "equal to or greater than 16 inches." Barrel length "shall include the chamber."
The s. 121 definition of "Firearm" itself names the sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, along with frames, receivers and unfinished frames or receivers, "provided, however, that 'firearm' shall not include any antique firearm or permanently inoperable firearm."
MGL c. 140, s. 121C(b), inserted by St. 2024, c. 135, SECTION 32, provides that "No person shall knowingly possess, manufacture or assemble, cause to be manufactured or assembled, purchase, offer for sale, sell or otherwise transfer or import an untraceable firearm in the commonwealth." New residents and estate recipients get 60 days to serialize; licensed dealers, gunsmiths, distributors and manufacturers get 7. Section 121C(c) requires a unique serial number from the department of criminal justice information services before any privately made firearm is manufactured, serialization during manufacture, and registration within 7 days. Section 121C carries no penalty subsection of its own, and the untraceable firearm grading in MGL c. 269, s. 11C keys to knowingly manufacturing, assembling, importing, selling or transferring ownership of an untraceable firearm, or purchasing or receiving one with knowledge that it is untraceable. Firearms "manufactured prior to October 22, 1968" are among the categories s. 121C(g) exempts. MGL c. 140, s. 121D(a) bars using "a 3-dimensional printer or computer numerical control milling machine to manufacture or assemble any firearm within the commonwealth" without a valid s. 131 license to carry.
St. 2024, c. 135, SECTION 72 rewrote the first sentence of MGL c. 140, s. 131N: "No person shall knowingly possess, own, sell, offer for sale, transfer, manufacture, assemble, repair or import any firearm capable of discharging a bullet or shot that is a covert firearm or an undetectable firearm all as defined in section 121." A "Covert firearm" reaches items "constructed in a shape that does not resemble a firearm or is not immediately recognizable as a firearm," such as zip guns and firearms resembling key-chains, pens or flashlights.
Sound suppressors sit outside the s. 121 "Firearm" definition; MGL c. 269, s. 10A is the Massachusetts provision. It is not a flat ban. The prohibition runs against "Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police," who "sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses" a silencing instrument, attachment, weapon or appliance. Surrendering one to an authorized law enforcement agency is therefore carved out of the prohibited conduct. St. 2024, c. 135, SECTION 128 broadened the covered hardware to reach "any combination of parts designed or redesigned and intended for use in assembling or fabricating any such instrument, attachment, weapon or appliance and any part intended only for use in such assembly or fabrication." SECTION 129 made a separate edit, striking "or appliance" from the confiscation sentence and inserting ", appliance or parts."
| Offense | Grading |
|---|---|
| MGL c. 269, s. 10(a): knowing possession or vehicle control of a firearm without license, FID or exemption | State prison 2.5 to 5 years, or house of correction 18 months to 2.5 years. Not "reduced to less than 18 months, nor suspended," and no probation, parole, work release, furlough or good conduct deduction until 18 months served |
| MGL c. 269, s. 10(c): possessing a machine gun without permission under s. 131, or owning, possessing or carrying a sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator or trigger modifier | Imprisonment in state prison for life, or for any term of years, "subject to the minimum requirements of paragraph (a)" |
| MGL c. 269, s. 10(m): possession or vehicle control of a large capacity firearm or large capacity feeding device without a valid LTC under s. 131 or s. 131F | State prison 2.5 to 10 years, not reduced below 1 year, not suspended, no probation, parole, furlough, work release or good conduct deduction until the minimum is served. An FID "shall not be a defense," but an FID holder "shall not be subject to any mandatory minimum sentence" |
| MGL c. 269, s. 10(n): violating (a) or (c) by means of a loaded firearm | House of correction up to 2.5 years, from and after the underlying sentence |
| MGL c. 269, s. 10(d): repeat s. 10(a), (b) or (c) offenses | Second offense state prison 5 to 7 years; third 7 to 10 years; fourth 10 to 15 years; not suspended, no probation or good conduct deduction |
| MGL c. 140, s. 131M(d): assault-style firearm or large capacity feeding device violation | First offense fine of $1,000 to $10,000 or imprisonment 1 to 10 years, or both; second offense fine of $5,000 to $15,000 or imprisonment 5 to 15 years, or both |
| MGL c. 140, s. 121B(e): failure to register a firearm or report a transaction, loss or theft | First offense fine up to $1,000; second up to $7,500 or 6 months, or both; third or subsequent up to $10,000 or 1 to 5 years, or both. Also cause for suspension or permanent revocation of the license, card or permit |
| MGL c. 140, s. 121D(d): unlicensed 3D printer or CNC firearm manufacture, or selling such a machine | Imprisonment up to 1 year or a fine up to $5,000 "per firearm per violation," or both |
| MGL c. 269, s. 11C: knowingly manufacturing, importing, selling, transferring or receiving an untraceable firearm | Imprisonment not less than 12 months and not more than 2.5 years; possession is prima facie evidence, rebuttable by lack of knowledge |
| MGL c. 140, s. 131N: knowingly possessing, owning, selling, offering for sale, transferring, manufacturing, assembling, repairing or importing a covert or undetectable firearm | First offense fine of $1,000 to $10,000 or imprisonment 1 to 10 years, or both; second offense fine of $5,000 to $15,000 or imprisonment 5 to 15 years, or both |
| MGL c. 269, s. 10A: selling, keeping for sale, offering, giving, disposing of by any means other than submitting to an authorized law enforcement agency, using or possessing a silencing instrument, attachment, weapon, appliance or its parts, outside the listed exceptions | Imprisonment not more than 5 years in state prison, or not more than 2.5 years in a jail or house of correction. On conviction the article is confiscated and forwarded to the colonel of the state police, "who shall destroy said article" |
| MGL c. 269, s. 10G: violating s. 10(a), (c) or (h) with prior convictions | One prior violent crime or serious drug offense, state prison 3 to 15 years; two priors from separate incidents, 10 to 15 years; three, 15 to 20 years. Not reduced below the minimum, not suspended, no probation, parole, furlough, work release or good conduct deduction |
Upon conviction under MGL c. 269, s. 10, "the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth," and one that "may not be lawfully sold in the commonwealth shall be destroyed."
Section 10(m) exempts government officers and employees, military members, municipal law enforcement, historical societies, museums and public institutional collections, and federally licensed gunsmiths, with the personnel clauses conditioned on being "authorized by a competent authority" and "acting within the scope of his duties." Section 131M(e), as amended by St. 2025, c. 14, s. 45 effective August 5, 2025, exempts qualified and qualified retired officers under 18 U.S.C. ss. 926B and 926C, currently certified MGL c. 6E officers, law enforcement agencies, and "a federally licensed manufacturer solely for sale or transfer in another state or for export."
Federal law restricts a narrower set of items, and compliance with it does not cure a Massachusetts violation.
Under 18 U.S.C. s. 922(o)(1), "it shall be unlawful for any person to transfer or possess a machinegun." Paragraph (2) preserves government possession and "any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect." A knowing violation draws a fine, imprisonment of not more than 10 years, or both under 18 U.S.C. s. 924(a)(2). A knowing violation of the undetectable firearm provision, s. 922(p), draws a fine, imprisonment of not more than 5 years, or both under 18 U.S.C. s. 924(f).
National Firearms Act items carry a federal registration duty on top of the state rules. Under 26 U.S.C. s. 5861(d), a person may not receive or possess a firearm within that chapter unless it is registered to him in the National Firearms Registration and Transfer Record. The federal definition of "firearm" in 18 U.S.C. s. 921(a)(3) reaches "any firearm muffler or firearm silencer," which s. 921(a)(25) extends to "any combination of parts" intended for assembling one.
View this topic on its own page: Massachusetts Firearm Restrictions: What a License Does Not Cover
Two bodies of law reach the weapons commonly grouped under the National Firearms Act. Federal law imposes registration, tax and transfer duties through Titles 26 and 18 of the United States Code. Massachusetts defines its own weapon categories in MGL c. 140, s. 121 and sets its own licensing conditions and penalties. A federal registration answers a federal duty. It is not among the exempted statuses in any of the state offense statutes set out below.
St. 2024, c. 135, approved July 25, 2024, restructured s. 131, which now runs from subsection (a) through subsection (h). Eligibility, denial, suitability, appeals, fees and renewal moved to MGL c. 140, s. 121F.
Section 121 supplies the vocabulary for ss. 122 to 131Y of c. 140.
| Term | Statutory text |
|---|---|
| Firearm | "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm; provided, however, that ''firearm'' shall not include any antique firearm or permanently inoperable firearm." |
| Machine gun | "a firearm, loaded or unloaded, which may automatically discharge more than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or modified by automatic conversion, including through the use of an automatic part or any firearm, loaded or unloaded, which has been modified by automatic conversion to alter or increase its rate of fire to mimic automatic fire; provided, however, that ''machine gun'' shall include a submachine gun." |
| Sawed-off shotgun | "any firearm made from a shotgun, whether by alteration, modification or otherwise, if such firearm as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches." |
| Automatic part | "any device, part or combination of parts capable of being attached to a firearm that allows for the automatic discharge of more than 1 shot with 1 continuous activation of the trigger or that increases the rate of fire of a firearm to mimic automatic fire." |
| Rifle | "a firearm having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger." |
| Shotgun | "a firearm having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger." |
Section 121 separately defines "Automatic conversion," "Bump stock," "Trigger modifier" (including "trigger cranks, binary triggers and hellfire triggers") and "Rapid-fire trigger activator," each turning on a device or modification that increases a firearm's rate of fire. Bump stock, trigger modifier and rapid-fire trigger activator, along with automatic part and sawed-off shotgun, are the articles c. 269, s. 10(c) reaches. Automatic conversion is defined as "any modification made to a firearm" rather than as an article, and it does its work inside the machine gun definition rather than in the s. 10(c) list.
Section 121 defines a "Large capacity firearm" as "any firearm that: (i) is semiautomatic with a fixed large capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person's possession or under their control in a vehicle; (iii) employs a rotating cylinder capable of accepting more than 10 rounds of ammunition or more than 5 shotgun shells; or (iv) is an assault-style firearm."
Clause (ii) carries a predicate and a trigger, and both do work. The predicate is that the firearm be "semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device." The trigger is "when both are in the same person's possession or under their control in a vehicle."
The definition continues: "provided, however, that ''large capacity firearm'' shall be a secondary designation and shall apply to a firearm in addition to its primary designation as a firearm, and shall not include, any firearm that: (a) operates by manual bolt, pump, lever or slide action; (b) is a single-shot firearm; (c) has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity firearm; or (d) is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an operable large capacity firearm."
A "Large capacity feeding device" is "(i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person; provided, however, that ''large capacity feeding device'' shall not include: (a) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells; (b) an attached tubular device designed to accept and capable of operating only with.22 caliber rimfire ammunition; or (c) a tubular magazine that is contained in a lever-action firearm or on a pump shotgun."
MGL c. 140, s. 131(a) entitles a license holder "to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," but not "to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 131M."
Machine gun authority is separate, in s. 131(f): "No person shall be issued a license to carry a machine gun in the commonwealth, except that a licensing authority may issue a machine gun license to: (i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide collector of firearms as defined in section 121 upon application or upon application for renewal of such license. Clauses (i) and (ii) of this paragraph shall not apply to automatic devices or automatic parts."
A "Bona fide collector of firearms" is "a licensed collector pursuant to 18 U.S.C. section 923(b)."
The offense is MGL c. 269, s. 10(c): "Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator or trigger modifier, as those terms are defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a)."
Section 10(a) contains parallel enumerations, one for a firearm and one for a rifle or shotgun, and their clause (4) is not the same. On the firearm branch it is "having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G." St. 2024, c. 135, SECTION 64 repealed MGL c. 140, s. 131G, so the second half of that cross-reference no longer points to a live section. On the rifle or shotgun branch it is "having in effect a firearms identification card issued under section one hundred and twenty-nine B." Clause (1) on each branch, "being present in or on his residence or place of business," defeats liability on its own, and no holder of a license under s. 131 or s. 131F "shall be deemed to be in violation of this section." Conviction carries 2 1/2 to 5 years in state prison, or 18 months to 2 1/2 years "in a jail or house of correction," with an 18 month floor that cannot be suspended and no eligibility for "probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct" until 18 months are served.
MGL c. 269, s. 10A reaches any person who "sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing," and reaching "any combination of parts designed or redesigned and intended for use in assembling or fabricating" such a device. It excepts, by its own terms, a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, a duly authorized sworn officer acting within the scope of official duties under the direct authorization of the police chief or a designee, and the colonel of the state police, and it preserves federally licensed manufacturer sales "to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training." On conviction, the article "shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article."
The exceptions are only those the section names. An approved federal registration is not among them. Federal law calls the same hardware a "firearm silencer" in 18 U.S.C. 921, where the terms "firearm silencer" and "firearm muffler" mean "any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication." That parts language runs close to the parts language in s. 10A. Federal tax law then borrows the term: 26 U.S.C. 5845(a)(7) brings "any silencer (as defined in section 921 of title 18, United States Code)" into the National Firearms Act by reference.
MGL c. 140, s. 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."
Subsection (b) sets the August 1, 2024 carve-out: 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."
Subsection (c) sets the September 13, 1994 carve-out. It applies "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." Such a person "may only transfer the device to an heir or devisee, a person residing outside the commonwealth, or a licensed dealer."
Subsection (e) was amended by St. 2025, c. 14, s. 45, effective August 5, 2025. The amended text is the operative one. Under it, s. 131M "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 law enforcement officer as defined in section 1 of chapter 6E who is currently certified pursuant to section 4 of said chapter 6E; provided, however, that to qualify for the exemption under this subsection, the certification of a law enforcement officer as defined in section 1 of chapter 6E shall not be suspended, limited, or restricted and the officer shall be permitted to perform police duties and functions involving firearms in accordance with chapter 6E and the regulations promulgated thereunder; (iii) a federal, state or local law enforcement agency; or (iv) a federally licensed manufacturer solely for sale or transfer in another state or for export."
The s. 121 definition of "Assault-style firearm" applies a feature test to semiautomatic centerfire rifles, and to semiautomatic pistols and shotguns, and also captures the s. 131 3/4 roster, an enumerated model list, and copies. Its exclusion clause provides that the term "shall not include any: (i) firearm that is operated by manual bolt, pump, lever or slide action; (ii) firearm that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault-style firearm; (iii) firearm that is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an assault-style firearm; (iv) any of the firearms, or replicas or duplicates of such firearms, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such firearms were manufactured on October 1, 1993; or (v) semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable feeding device."
MGL c. 269, s. 10(m) applies to "any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity firearm or large capacity feeding device therefor who does not possess a valid license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140."
The penalty is "imprisonment in a state prison for not less than two and one-half years nor more than ten years," and the sentence "shall not be reduced to less than one year, nor suspended," with no probation or parole until the minimum is served. The subsection addresses the FID card directly: "The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph."
The paragraph then supplies its own exemptions. It "shall not apply to the possession of a large capacity firearm or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law."
MGL c. 140, s. 131N: "No person shall knowingly possess, own, sell, offer for sale, transfer, manufacture, assemble, repair or import any firearm capable of discharging a bullet or shot that is a covert firearm or an undetectable firearm all as defined in section 121."
A "Covert firearm" is one "placed in a camouflaging firearm container, or a firearm that is not a stun gun," capable of discharging a bullet or shot and "constructed in a shape that does not resemble a firearm or is not immediately recognizable as a firearm," such as a zip gun or folding gun. An "Undetectable firearm" is one that, after removal of grips, stocks and magazines, "is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar as defined in 18 U.S.C. Section 922(p)(2)(C)," or "a major component of a firearm as defined in 18 U.S.C. Section 922(p)(2)(B) that, when inspected by detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component."
26 U.S.C. 5845(a) supplies the federal vocabulary. The term "firearm" means "(1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device." The same subsection carves out antiques and collector's items: the term "shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon."
Subsection (b) defines "machinegun" as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger," and adds that the term "shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."
Subsection (e) defines "any other weapon" as "any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading," including "any such weapon which may be readily restored to fire." It does not include "a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition."
Subsection (f) defines "destructive device" as "(1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellent charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled." The same subsection closes with an exclusion: the term "shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device", along with surplus ordnance sold, loaned or given by the Secretary of the Army under the cited provisions, and any other device the Secretary finds is not likely to be used as a weapon. That exclusion matters here because destructive device is one of the two categories still carrying the $200 transfer tax.
Set beside s. 121, the federal machinegun definition differs in ways the two texts make explicit. The federal test is "a single function of the trigger," while the s. 121 test is "a continuous activation of the trigger" and carries a second branch, for a firearm "modified by automatic conversion to alter or increase its rate of fire to mimic automatic fire," that has no counterpart in 5845(b). And the federal machinegun definition reaches "any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person," which is the same possession-of-parts structure s. 121 uses in clause (ii) of "Large capacity feeding device," "any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person."
26 U.S.C. 5811(a) is the transfer tax, and its rate now turns on what is being transferred. There "shall be levied, collected, and paid on firearms transferred a tax," set by paragraph (1) at "$200 for each firearm transferred in the case of a machinegun or a destructive device" and by paragraph (2) at "$0 for any firearm transferred which is not described in paragraph (1)." The tax "shall be paid by the transferor" and "shall be payable by the appropriate stamps prescribed for payment by the Secretary."
That structure is new. Subsection (a) was amended generally by Pub. L. 119-21, title VII, s. 70436(a), July 4, 2025, and the amendment is "applicable to calendar quarters beginning more than 90 days after July 4, 2025." The text it replaced levied "$200 for each firearm transferred," excepting a firearm "classified as any other weapon under section 5845(e)," which was taxed "at the rate of $5 for each such firearm transferred." Under the operative text a silencer, a short-barreled rifle, a short-barreled shotgun and a weapon classified as any other weapon all fall in paragraph (2) and are taxed at $0. The $200 figure survives only for a machinegun or a destructive device.
26 U.S.C. 5812(a) sets the conditions. A firearm "shall not be transferred unless" the transferor "has filed with the Secretary a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary"; "any tax payable on the transfer is paid as evidenced by the proper stamp affixed to the original application form"; the transferee is identified in the application form, "except that, if such person is an individual, the identification must include his fingerprints and his photograph"; the transferor is identified in the application form; the firearm is identified in the application form; and "the application form shows that the Secretary has approved the transfer and the registration of the firearm to the transferee." Subsection (b) adds that "the transferee of a firearm shall not take possession of the firearm unless the Secretary has approved the transfer and registration of the firearm to the transferee as required by subsection (a) of this section."
The closing line of 5812(a) is where the federal scheme points back at state law: "Applications shall be denied if the transfer, receipt, or possession of the firearm would place the transferee in violation of law." Approval is conditioned on the transferee's lawfulness, so the Massachusetts offenses set out above bear on the federal application rather than being answered by it.
| Federal provision | What it does | Penalty |
|---|---|---|
| 26 U.S.C. 5861 | Prohibited acts, including to "receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record" | 26 U.S.C. 5871: "fined not more than $10,000, or be imprisoned not more than ten years, or both" |
| 18 U.S.C. 922(o)(1) | "Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun" | 18 U.S.C. 924(a)(2): "fined as provided in this title, imprisoned not more than 10 years, or both" |
| 18 U.S.C. 922(p)(1) | Bars manufacture, import, sale, possession, transfer or receipt of a firearm not as detectable as the Security Exemplar, or whose major component gives no accurate x-ray image | 18 U.S.C. 924(f): "In the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both" |
The exceptions in 18 U.S.C. 922(o)(2) are narrow: possession under government authority, and "any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect." The 922(p) row is graded by 18 U.S.C. 924(f) rather than by the residual clause in 924(a)(1)(D). Subsection (f) names 922(p) expressly, and 924(a)(1) opens "Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929," so it yields to subsection (f) on its own terms. The difference is the mental state, not the ceiling: 924(f) reaches a person who "knowingly violates section 922(p)," while the residual clause requires a willful violation.
Section 921 defines a "short-barreled shotgun" as "a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches," and a "short-barreled rifle" as "a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches." Each of those definitions carries an overall-length branch that operates independently of the barrel figure. The s. 121 definitions quoted above, not these, drive MGL c. 269, s. 10(c).
The rifle side and the shotgun side do not line up. Federally, 26 U.S.C. 5845(a) reaches "a rifle having a barrel or barrels of less than 16 inches in length" and "a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length," so the registration duty in 26 U.S.C. 5861(d) attaches to such a weapon. The s. 121 "Rifle" definition uses the same 16 inch figure as its floor, so a rifled-bore firearm below it is not a "Rifle" for Massachusetts purposes. That is a definitional consequence and nothing more. On the shotgun side there is a Massachusetts counterpart: "Sawed-off shotgun" is defined in s. 121 and named as an offense object in c. 269, s. 10(c). No Massachusetts provision cited on this page names a short-barreled rifle; the term appears here only in the federal definitions quoted above.
St. 2024, c. 135, SECTION 153: "A valid license to carry a firearm issued under sections 131 or 131F of chapter 140 of the General Laws, a valid firearm identification card under section 129B of said chapter 140 or a valid license to sell under section 122 of said chapter 140, shall remain valid until the expiration, suspension or revocation of said license and shall entitle the holder to possess the firearms authorized by the license at the time it was last issued or renewed."
| Conduct | Statute | Penalty |
|---|---|---|
| Violating s. 10(a) or s. 10(c) by means of a loaded firearm | MGL c. 269, s. 10(n) | Up to 2 1/2 years house of correction, consecutive |
| Silencing device | MGL c. 269, s. 10A | Not more than 5 years state prison, or not more than 2 1/2 years jail or house of correction, plus confiscation and destruction |
| Assault-style firearm or large capacity feeding device outside the s. 131M carve-outs | MGL c. 140, s. 131M(d) | First offense $1,000 to $10,000 or 1 to 10 years, or both; second $5,000 to $15,000 or 5 to 15 years |
| Covert or undetectable firearm | MGL c. 140, s. 131N | First offense $1,000 to $10,000 or 1 to 10 years or both; second $5,000 to $15,000 or 5 to 15 years or both |
| Failing to register a firearm or report a transaction, loss or theft | MGL c. 140, s. 121B(e) | Up to $1,000 first; up to $7,500 or 6 months, second; up to $10,000 or 1 to 5 years, third or subsequent; plus license suspension or revocation |
A license to carry does what s. 131(a) says it does. It does not by itself reach large capacity feeding devices or assault-style firearms, which run through s. 131M, and it does not reach machine guns, which run through the separate license in s. 131(f).
Registration in the National Firearms Registration and Transfer Record answers 26 U.S.C. 5861(d). It does not answer MGL c. 269, s. 10(c), s. 10(m) or s. 10A, or MGL c. 140, s. 131M or s. 131N, each with its own exemptions where the statute provides any, and s. 131N provides none at all. Work through the s. 121 definitions first, then the matching state offense statute, then the federal duties, and consult a Massachusetts attorney.
View this topic on its own page: Massachusetts Restricted Weapon Categories and Federal NFA Items
Massachusetts calls its red flag order an extreme risk protection order, or ERPO. The mechanics sit in MGL c. 140, Sections 131R through 131Y. The 2024 firearms act, St. 2024, c. 135, replaced Sections 131S and 131T outright and rewrote parts of 131R, 131X and 131Y, so older summaries are unreliable.
MGL c. 140, Section 121 defines the order as one that orders "(i) the immediate suspension and surrender of any license to carry firearms or firearm identification card that the respondent may hold; (ii) the respondent to surrender all firearms or ammunition that the respondent then controls, owns or possesses; and (iii) that the respondent shall be ineligible for any new license to carry or firearm identification card for the duration of the order." The same definition sets the term: "in effect for up to 1 year from the date of issuance," renewable "upon petition."
The word "firearm" is broad here. Section 121 defines it as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded," plus the frame or receiver. An ERPO reaches rifles and shotguns exactly as it reaches handguns, and the surrender provisions name ammunition separately throughout. The court is the district court or Boston municipal court division for the city or town where the respondent resides.
Section 121 defines "Petitioner," for Sections 131R to 131Y, as the individual filing the petition who is:
Watch those recency limits on the officer and clinician categories. Section 121 defines health care provider across a list of licensed and certified clinical roles running from physicians and nurses through psychologists, counselors, therapists and clinical social workers. "Family or household member" covers a person who is or was married to the respondent, is or was residing in the same household, is or was related by blood or marriage, has or is having a child in common, is or has been in a substantive dating relationship, or is or has been engaged to the respondent.
Section 131R(a): "A petitioner who believes that a person may pose a risk of causing bodily injury to self or others may, on a form furnished by the court and signed under the pains and penalties of perjury, file a petition in court." Section 131Y's reporting clauses cover "the number of instances in which a petition was found to be fraudulent and the penalties received in each instance." That is a reporting item rather than a penalty provision, so ask counsel what a petition found to be fraudulent would actually carry.
Section 131R(b) requires the petition to state relevant supporting facts, to give the reasons the petitioner believes the respondent "poses a risk of causing bodily injury to self or others by having in the respondent's control, ownership or possession a firearm," to identify "the number, types and locations of any firearms or ammunition" believed to be in the respondent's current possession, to identify any chapter 209A, chapter 258E or similar out-of-state order in effect, and to identify any pending legal action between the parties.
Filing costs nothing: Section 131R(c) bars any court or public agency from charging a petitioner fees "for filing or service of process." Under Section 131R(d), the petitioner's residential and workplace contact information in the court's records "shall be confidential and withheld from public inspection, except by order of the court," although the addresses appear on the order itself unless the petitioner asks and the court orders otherwise.
Where the petitioner is a family or household member, Section 131R(f) directs the clerk to give both sides information about crisis intervention, mental health, substance use disorders, counseling services and "the process to apply for a temporary commitment under section 12 of chapter 123." That is a separate civil track: a licensed physician, advanced practice registered nurse, qualified psychologist or licensed independent clinical social worker who, "after examining a person," has reason to believe that failure to hospitalize would create a likelihood of serious harm by reason of mental illness may restrain the person and apply for hospitalization "for a 3-day period."
Section 131T(a)(1) lets the court, on the filing of a petition, issue an emergency ERPO "without notice to the respondent and prior to the hearing required pursuant to subsection (a) of section 131S if the court finds reasonable cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's self or others by being in possession of a license to carry firearms or a firearm identification card or having in the respondent's control, ownership or possession a firearm or ammunition." Reasonable cause is a lower threshold than the contested hearing standard, applied with the respondent absent.
Such an order "shall expire 10 days after its issuance" unless a Section 131S hearing is scheduled, and at the conclusion of that hearing unless the court issues an order under Section 131S(c)(2). On service, Section 131T(a)(2) requires the respondent to "immediately surrender" the license or FID card and all firearms or ammunition to the local licensing authority, on the terms of Section 131S(f).
Section 131T(c) covers nights and weekends. When the court is closed a justice may grant an emergency order on the same reasonable cause finding, including by telephone to the licensing authority. If relief issued before any petition was filed, "the potential petitioner shall appear in court on the next available court business day to file a petition," and the after-hours order or warrant "shall expire at the conclusion of the next court business day after issuance" unless that happens.
Section 131S(a): "The court shall, within 10 days of receipt of a petition pursuant to section 131R, conduct a hearing on the petition." The court issues a summons and directs a law enforcement officer to personally serve the petition and summons, or, where that is not possible, may after a hearing order service "by some other identified means reasonably calculated to reach the respondent." Service must occur "not less than 7 days prior to the hearing."
Section 131S(b) creates a faster track for people whose work depends on being armed: the court "shall, within 2 days of receipt of a petition made pursuant to section 131R, conduct a hearing on the petition if the respondent files an affidavit that a firearm or ammunition is required in the performance of the respondent's employment."
The standard is preponderance of the evidence. Under Section 131S(c)(1), if the court "finds by a preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or others by having in the respondent's control, ownership or possession a firearm or ammunition, the court shall grant the petition." If the respondent does not appear, "the court shall grant the petition upon a determination that the petitioner has demonstrated by a preponderance of the evidence that the respondent poses such a risk." Staying away does not lower the petitioner's burden, and it does not stop the case either. On granting the petition, Section 131S(c)(2) requires the court to order surrender of licenses, FID cards and all firearms and ammunition to the licensing authority where the respondent resides, and to "enter written findings as to the basis of its order within 24 hours of granting the order."
Service runs through that licensing authority under Section 131S(e), which requires that the serving officer, to the extent practicable, "fully inform the respondent of the contents and terms of the order or warrant and the available penalties for any violation of an order" and hand over crisis and counseling resource lists. Every order must "contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE."
Section 131S(f) does the heavy lifting. On receipt of service the licensing authority "shall immediately suspend the respondent's license to carry firearms or a firearm identification card," notify the respondent, and "not issue any license to carry or firearm identification card to the respondent for the duration of the order."
The respondent's obligation is equally immediate. On receipt of service the respondent "shall immediately surrender their license to carry firearms or a firearm identification card and all firearms or ammunition in their control, ownership or possession to the local licensing authority serving the order, in accordance with section 129D." Nothing in that section or Section 129D lets the respondent transfer covered property "to anyone other than a licensed dealer or the local licensing authority," or keep possession "during the pendency of any appeal." Surrender does not extinguish title: it "shall not require the surrender of permanent ownership rights."
The penalty is stated in the subsection: "A violation of this subsection shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in a house of correction or by both such fine and imprisonment." The same exposure attaches to a violation of Section 131S(h), the third-party owner provision below.
A separate offense sits in MGL c. 269, Section 10(i), reaching whoever "knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms," an FID card, or a firearm as provided in Section 129D, "unless an appeal is pending." That carries up to two and one-half years in a jail or house of correction or a fine of up to one thousand dollars.
Section 131S(d)(1) conditions the warrant on the hearing having happened: "If after the hearing pursuant to subsection (a) or subsection (b), the court has probable cause to believe that the respondent has access to a firearm or ammunition, on their person or in an identified place, and the respondent fails to surrender any firearms or ammunition within 24 hours of being served," the court "shall issue a warrant identifying the property, naming or describing the person or place to be searched, and commanding the appropriate law enforcement agency to search the person of the respondent and any identified place and seize any firearm or ammunition" found. Section 131T(b)(1) carries the same mechanism into the emergency posture, where it carries no such precondition and so can issue before the Section 131S hearing, and Section 131S(d)(2) authorizes further warrants on probable cause that the respondent "has retained, acquired or gained access to a firearm or ammunition while an order under this section remains in effect." The searching agency receipts anything seized, and under Section 131S(g) the licensing authority files its receipt with the court within 48 hours.
Section 131S(h) addresses guns titled to someone else. If a person other than the respondent claims title and the licensing authority finds that person is the lawful owner, the property "shall be returned to the person," conditioned on its removal from the respondent's control, the owner's agreement to store it beyond the respondent's access, and the property not being otherwise unlawfully possessed.
An ERPO is a licensing disqualifier, not only a possession order. Section 121F(j)(iii)(E) makes a person a prohibited person if currently subject to "an extreme risk protection order issued pursuant to sections 131R to and 131Y," and Section 121F(j) requires denial of any application or renewal to a prohibited person. Section 121F(u)(1) requires the licensing authority to "revoke or suspend any license, card or permit" upon "the occurrence of any event which makes the licensee, card or permit holder a prohibited person as defined subsection (j)."
Section 121F(u)(2) adds two consequences that catch people out. Going to court buys no time: "No pendency of proceedings before the court shall operate to stay such revocation or suspension." And a revoked or suspended permit, card or license "may be reinstated only upon the termination of all disqualifying conditions."
The ordinary license appeal is narrowed too. Section 121F(v)(2) allows district court judicial review of a denial, revocation or suspension within 90 days, but only "unless a hearing has previously been held pursuant to section 131S or 131T, chapter 209A or chapter 258E."
The Section 121 definition caps the order at "up to 1 year from the date of issuance" and says it "may be renewed upon petition." Section 121 defines "Petition" for these sections as a request "for the issuance or renewal" of an order, so renewal runs back through Section 131R. That routing carries the standard with it: Section 131S(a) attaches a hearing to "a petition pursuant to section 131R" without distinguishing renewals, and Section 131S(c)(1) decides that hearing by a preponderance of the evidence. A renewal is heard on the same standard as the original order. The court starts that clock itself under Section 131S(c)(3): "Not less than 30 calendar days prior to the expiration of an extreme risk protection order, the court shall notify the petitioner at the best-known address of the scheduled expiration of the order and that the petitioner may file a petition to renew the order pursuant to section 131R."
The in-term exit is in Section 131S(c)(2): "The court may modify, suspend or terminate its order at any subsequent time upon motion by either party; provided, however, that due notice shall be given to the respondent and petitioner, and the court shall hold a hearing on said motion." Either side may move, and a hearing on the motion is required.
Return is not automatic when the order lapses. Section 131S(i) provides that on expiration or termination, a licensing authority holding surrendered or seized property "shall return any license to carry firearms or firearm identification card and all firearms or ammunition requested by a respondent only after" the licensing authority where the respondent resides "confirms that the respondent is suitable" for the license or card "and to control, own or possess firearms or ammunition under federal and state law." The petitioner is notified "not less than 7 days prior to expiration," and after a court termination "as soon as reasonably practicable."
A respondent who does not want the property back, or who "is no longer eligible to control, own or possess firearms or ammunition," may under Section 131S(j) sell or transfer title to a licensed dealer, "provided, however, that the respondent shall not take physical possession of the firearms or ammunition." Under Section 131S(k) the licensing authority may dispose of property under Section 129D if it "cannot reasonably ascertain the lawful owner" within 180 days of the order's expiration or termination.
Section 131X(g), as replaced in 2024, gives "the supreme judicial court and the appeals court" concurrent jurisdiction "to review any proceedings held, determinations made, and orders or judgments entered in the court pursuant to section 131S or section 131T." An appeal does not restore possession, because Section 131S(f) bars control, ownership or possession "during the pendency of any appeal." Where a clinician is the petitioner, Section 131X(d) and (e) allow disclosure of protected health information "only to the extent necessary for the full investigation and disposition" of the application, with any clinical records produced to be "sealed by the court."
An ERPO is not the only Massachusetts order that takes firearms. Section 121F(j)(iii) lists independent disqualifiers including a suspension or surrender order under Sections 3B or 3C of chapter 209A, a permanent or temporary chapter 209A protection order, any order described in 18 U.S.C. 922(g)(8), and a permanent or temporary harassment prevention order under chapter 258E, into which the 2024 act inserted a new Section 4A requiring, upon issuance of a temporary or emergency order under sections 5 or 6, immediate suspension and surrender where the plaintiff demonstrates "a substantial likelihood of immediate danger of harassment."
Federal law adds a prohibition that does not track the state one. Under 18 U.S.C. 922(g)(8), the federal bar reaches a person subject to a court order that "was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate," that restrains the person from harassing, stalking or threatening an intimate partner or a child of that partner or person, and that either finds a credible threat to physical safety or explicitly prohibits the use, attempted use or threatened use of physical force. Those elements are cumulative and turn on an intimate partner relationship the state ERPO standard does not require, so whether a given Massachusetts order also triggers the federal bar is a question for counsel about that order's findings and terms.
If you are served, the surrender obligation runs immediately rather than from the hearing date, and it covers the license or card, every firearm as Section 121 defines that word, and ammunition. If a firearm is required for your job, the affidavit under Section 131S(b) is what compresses the hearing to 2 days. Bring counsel: the finding is by preponderance, nonappearance does not stop the order, and an ERPO hearing can close off the license appeal Section 121F(v)(2) would otherwise provide.
If you are considering filing, confirm that you fall inside one of the Section 121 petitioner categories and that any recency limit is met, then build the petition around the facts Section 131R(b) asks for. Forms and local practice vary, so confirm the process with the court division serving the respondent's town.
| Citation | Subject |
|---|---|
| MGL c. 140, Section 121 | Definitions |
| MGL c. 140, Section 131R | Petition and confidentiality |
| MGL c. 140, Section 131S | Hearing, standard, warrants, surrender, return |
| MGL c. 140, Section 131T | Emergency order without notice |
| MGL c. 140, Sections 131X and 131Y | Appellate review, clinician disclosures, reporting |
| MGL c. 140, Section 121F | Prohibited persons, revocation, appeal limits |
| MGL c. 140, Section 129D | Surrender, storage, disposition |
| MGL c. 269, Section 10(i) | Failure to surrender |
| MGL c. 123, Section 12 | Emergency restraint and hospitalization |
| MGL c. 258E | Harassment prevention orders |
| 18 U.S.C. 922(g)(8) | Federal protection order prohibition |
This page describes statutes, not your case. An ERPO moves on a short clock and carries criminal exposure for noncompliance. Talk to a Massachusetts firearms attorney as soon as you are served.
View this topic on its own page: Massachusetts Extreme Risk Protection Orders (the Red Flag Law)
If you carry in Massachusetts, you deal with two levels of government at once. The license, the standard for getting it, the standard for losing it and the criminal offenses are written into the General Laws. The official who takes your application, decides it and can revoke it is a local officer, and the General Laws say so by name. Several statutes also identify specific points where a city, town or other body may act on its own.
MGL c. 140, s. 121 supplies the definition that everything else runs on:
"Licensing authority", the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them; provided, however, that should no such chief or officer exist the colonel of the state police or their designee shall act as the licensing authority.
The decision-maker is local by definition, with a statewide fallback to the colonel of the state police. The reach of that officer's decision is wide, because s. 121 defines "Firearm" as "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet," plus the frame or receiver of any such firearm and the unfinished frame or receiver, excluding antique and permanently inoperable firearms. Long guns are inside that definition, not outside it.
St. 2024, c. 135 restructured MGL c. 140, s. 131, which now runs from (a) through (h). The process, eligibility, denial, appeal and fee provisions live in MGL c. 140, s. 121F. Subsection (a) is the operative timing and outcome rule:
Section 121F. (a) A licensing authority shall, within 40 days from the date of receipt of a completed application for any firearm license, card or permit issued under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal of the same, either approve the application and issue the permit, card or license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no permit, card or license shall be issued unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law.
The denial grounds are statutory too. Section 121F(j) requires denial to a person the licensing authority determines to be a "prohibited person," and defines that term. Section 121F(k) sets the unsuitability standard:
A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others.
That subsection also requires the licensing authority, on a denial for unsuitability, to "notify the applicant in writing setting forth the specific reasons for the determination." For the firearm identification card, s. 121F(l) takes the unsuitability call away from the local officer: the licensing authority "shall not have the authority to deny an application on the grounds of unsuitability but may file a petition requesting that the district court having jurisdiction deny said application on unsuitability grounds," with a hearing within 90 days of the filed petition.
Review of a local decision runs to a state court. Under s. 121F(v)(2), a person aggrieved by a denial, revocation or suspension may, "unless a hearing has previously been held pursuant to section 131S or 131T, chapter 209A or chapter 258E," and within 90 days after notice or after the response deadline expires, "file a petition to obtain judicial review in the district court having jurisdiction in the city or town in which the applicant filed the application or in which the permit, card or license was issued."
MGL c. 140, s. 131(d) sets the routes into the process for a license to carry:
(d) A lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a license to carry firearms, or renewal of the same, which the licensing authority shall issue as provided under section 121F only if it appears that the applicant is neither a prohibited person nor determined to be unsuitable to be issued a license as set forth in said section 121F, provided that upon an initial application for a license to carry firearms, the licensing authority shall conduct a personal interview with the applicant.
Residency in the jurisdiction is not the only door. Employment as a law enforcement officer with that licensing authority, and residence in an area of exclusive federal jurisdiction located within a city or town, are their own routes. MGL c. 140, s. 129B(a) opens the firearm identification card to a lawful resident 18 years of age or older residing within the jurisdiction, or in such a federal-jurisdiction area.
The state application page anticipates local paperwork. It lists among the submission items "Additional documentation as required by your local licensing authority," and it tells resident applicants to "Contact your local firearms licensing officer for additional information prior to submitting your application."
Section 121F(o)(i) sets the ordinary fee at $100, "of which the licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the General Fund," with the remaining $25 deposited in the Firearms Fingerprint Identity Verification Trust Fund. Under s. 121F(n), fees "shall be payable to the issuing licensing authority and shall not be prorated or refunded in case of revocation or denial." Dealer licensing runs through the same local officer: under MGL c. 140, s. 122(a), "[a] licensing authority, in accordance with section 121F, may grant or renew a license to sell, rent, lease, purchase or otherwise transfer firearms and ammunition therefore, or to be in business as a gunsmith, to any person 21 years of age or older who is neither a prohibited person nor deemed unsuitable to be issued said license pursuant to said section 121F and who completes the online dealer training classes mandated under section 125."
The power of a Massachusetts city or town to adopt ordinances and by-laws at all comes from the state constitution, not from the firearm statutes. Amendments Article LXXXIX, the Home Rule Amendment, states its purpose in Section 1 as granting and confirming "to the people of every city and town the right of self-government in local matters, subject to the provisions of this article and to such standards and requirements as the general court may establish by law in accordance with the provisions of this article." Section 6 is the working grant:
Any city or town may, by the adoption, amendment, or repeal of local ordinances or by-laws, exercise any power or function which the general court has power to confer upon it, which is not inconsistent with the constitution or laws enacted by the general court in conformity with powers reserved to the general court by section eight, and which is not denied, either expressly or by clear implication, to the city or town by its charter. This section shall apply to every city and town, whether or not it has adopted a charter pursuant to section three.
The grant carries its boundaries on its face. A local ordinance or by-law may not be inconsistent with laws enacted by the general court, and it may not reach what the city or town's own charter denies it, expressly or by clear implication. The grant runs to every city and town whether or not it has adopted a charter. Section 8 works the other side of the relationship, confining the general court, when it acts in relation to cities and towns, to "general laws which apply alike to all cities or to all towns, or to all cities and towns, or to a class of not fewer than two," together with the special laws that section then enumerates.
Section 7 sets a hard cap that matters to anyone reading a local firearm ordinance:
Nothing in this article shall be deemed to grant to any city or town the power to ... (6) to define and provide for the punishment of a felony or to impose imprisonment as a punishment for any violation of law; provided, however, that the foregoing enumerated powers may be granted by the general court in conformity with the constitution and with the powers reserved to the general court by section eight
So a by-law or ordinance resting on the Article LXXXIX grant cannot make conduct a felony and cannot impose imprisonment as its punishment, unless the general court has granted that power. Note what Article LXXXIX does not do. It says nothing about firearms. It is the general home rule framework for every subject a city or town might touch, it states no firearms-specific rule allocating authority between the Commonwealth and a municipality, and it supplies no test for deciding whether a particular local firearm ordinance is inconsistent with c. 140 or c. 269. The state constitution addresses a right to arms at Part the First, Article XVII: "The people have a right to keep and to bear arms for the common defence." That sentence is framed to the common defence and says nothing about cities and towns.
MGL c. 269, s. 10(k)(1) punishes whoever possesses a firearm, loaded or unloaded, as defined in c. 140, s. 121, in a prohibited area, "and knows or reasonably should know such location is a prohibited area," by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2 1/2 years, or both. Subsection (k)(2)(i) defines a category of prohibited area and, in the same breath, gives a municipality a way out of it:
(i) a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas thereof; provided, however, that a "prohibited area" shall not include any state-owned public land available to the public for hunting and provided further that a municipality may vote pursuant to section 4 of chapter 4 to exclude its administrative buildings from being a "prohibited area"
Clause (ii) of the same definition covers a different subject: a location in use at the time of possession for the storage or tabulation of ballots during the hours in which voting or tabulation is occurring, and a polling place or early voting site while open for voting or within 150 feet of the building entrance door. The municipal vote written into clause (i) reaches administrative buildings, and nothing in the definition lets a municipality vote a polling place out of clause (ii).
The cross-referenced vote mechanism is MGL c. 4, s. 4:
Section 4. Wherever a statute is to take effect upon its acceptance by a municipality or district, or is to be effective in municipalities or districts accepting its provisions, this acceptance shall be, except as otherwise provided in that statute, in a municipality, by vote of the legislative body, subject to the charter of the municipality, or, in a district, by vote of the district at a district meeting.
So whether administrative buildings in a given city or town are a prohibited area turns on whether that municipality's legislative body has voted, subject to its charter. Records of that vote are municipal records; start with the municipal clerk's office.
Section 10(k)(4) supplies a defense: that a person with the necessary license or card under c. 140, ss. 129B, 131 or 131F "securely stored said firearm in a vehicle while within the prohibited area in accordance with sections 131C and 131L of chapter 140."
Clause (5) of paragraph (k) appears in the General Laws in bracketed versions. The version amended by St. 2025, c. 14, s. 52, effective August 5, 2025, is the operative text. The savings sentence that closes clause (5) reads the same in both bracketed versions, word for word. What the 2025 amendment changed is the exemption ahead of it, which the operative version extends to a law enforcement officer as defined in MGL c. 6E, s. 1 who is currently certified under s. 4 of that chapter, on the condition that the certification is not suspended, limited or restricted and the officer is permitted to perform police duties and functions involving firearms under c. 6E. The savings sentence closes the clause this way:
Nothing in this paragraph shall limit the authority of any municipality, county or department, division, commission, board, agency or court of the commonwealth to adopt policies further restricting the possession of firearms in areas under their control.
Read the words closely: the clause speaks of adopting policies, and of areas under the adopting body's control. It does not tell you what a given body has adopted.
MGL c. 269, s. 12E, as inserted by St. 2024, c. 135, s. 141, punishes discharge of a firearm as defined in c. 140, s. 121 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant, by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both. Subsection (b) excepts, among other things, the lawful defense of life and property and a law enforcement officer acting in the discharge of their duties. Subsection (c) lifts the offense for a dwelling or building on the same property as persons using the listed target and test ranges with the required consent, or a shooting gallery licensed under MGL c. 140, s. 56A. It then adds:
Nothing in this section shall exempt any person from compliance with noise control laws, regulations, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.
MGL c. 269, s. 12G, inserted by St. 2024, c. 135, s. 143, punishes intentional or reckless discharge that strikes a dwelling or other building in use by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for not more than 5 years or by a fine of not more than $10,000, or both. It closes with the same preservation of noise control laws, ordinances and by-laws.
18 U.S.C. 926A opens "[n]otwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof," and entitles a person not otherwise prohibited by the chapter to transport a firearm between places where they may lawfully possess and carry it, on conditions: unloaded, not readily or directly accessible from the passenger compartment, and in a vehicle without a separate compartment "contained in a locked container other than the glove compartment or console."
18 U.S.C. 926B opens the same way for a qualified law enforcement officer carrying the identification required by subsection (d), and 18 U.S.C. 926C does so for a qualified retired law enforcement officer. Both carry a limit pointing back at local property rules: s. 926B(b) states the section "shall not be construed to supersede or limit the laws of any State that ... prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park."
Start with the question most readers bring to this page: may a city or town regulate firearms more strictly than the General Laws do? None of the provisions on this page states a general rule either way. The provisions searched for this page were MGL c. 140, ss. 121, 121F, 122, 129B and 131, MGL c. 269, s. 10, s. 12E and s. 12G, MGL c. 4, s. 4, Amendments Article LXXXIX and Part the First, Article XVII of the state constitution, and 18 U.S.C. 926A, 926B and 926C. None of them declares a statewide preemption rule for firearms, and none of them sets a test for when a local firearm ordinance is inconsistent with state law. That is what this page searched and what it found. It is not a finding that no such rule exists anywhere in Massachusetts law, and it is not an answer about any particular ordinance. For whether a specific local ordinance is valid, ask a Massachusetts attorney.
What the provisions above do settle is narrower, and they run in different directions over the same kind of property. Section 10(k)(2)(i) lets a municipality vote under c. 4, s. 4 to pull its administrative buildings out of the prohibited-area definition, narrowing where the s. 10(k)(1) offense reaches. The operative s. 10(k)(5) preserves the authority of a municipality, county or listed Commonwealth entity to adopt policies further restricting possession in areas under its control. Both can be true in the same city on different properties, and neither tells you which votes or policies exist where you are going. Likewise, s. 12E(c) confirms that noise control laws, regulations, ordinances and by-laws apply alongside the s. 12E discharge offense, and s. 12G says the same of noise control laws, ordinances and by-laws, neither of them describing any town's rules.
Confirm the local pieces yourself:
| Provision | What it establishes |
|---|---|
| Massachusetts Constitution, Amendments Art. LXXXIX, ss. 6, 7, 8 | Home rule: municipal power to adopt ordinances and by-laws, bounded by inconsistency with laws enacted by the general court and by the municipality's charter; no local power to define a felony or impose imprisonment; general court acts on cities and towns by general laws |
| MGL c. 140, s. 121 | Defines "Licensing authority": local chief of police or board or officer having control of the police, colonel of the state police as fallback |
| MGL c. 140, s. 121F | Decision clock, prohibited-person and unsuitability standards, fees, court review |
| MGL c. 140, s. 131(d), s. 129B(a), s. 122(a) | Who applies to which licensing authority; dealer and gunsmith licensing |
| MGL c. 269, s. 10(k)(1), (2) | Prohibited-area offense and definition, with the municipal opt-out vote |
| MGL c. 4, s. 4 | Mode of municipal acceptance: vote of the legislative body subject to charter, or district vote at a district meeting |
| MGL c. 269, s. 10(k)(5), as amended by St. 2025, c. 14, s. 52 | Preserves authority of municipalities, counties and listed Commonwealth entities to further restrict possession in areas under their control |
| MGL c. 269, s. 12E, s. 12G | Discharge offenses expressly preserving noise control laws, ordinances and by-laws |
| 18 U.S.C. 926A, 926B, 926C | Federal transport and LEOSA provisions operating notwithstanding political subdivision law; 926B(b) preserves state property restrictions |
Massachusetts writes the license, the standard and the offenses at the state level, and hands administration of the license to an officer of your city or town. Municipal power to adopt ordinances and by-laws comes from Amendments Article LXXXIX, which says nothing about firearms and denies a city or town the power to impose imprisonment for any violation of law. The statutes discussed above name particular places where local bodies act, among them the municipal vote under MGL c. 4, s. 4, policies for areas under a body's control under the operative MGL c. 269, s. 10(k)(5), and the noise ordinances and by-laws preserved by MGL c. 269, s. 12E and s. 12G. None of them tells you what your city or town has actually done. The municipal clerk's office and the licensing authority are where to ask.
This is general information about the statutes cited, not legal advice. For a decision affecting your license or your liberty, consult a Massachusetts attorney.
The Department of Criminal Justice Information Services answers this one directly in its firearms licensing FAQ. Asked whether Massachusetts recognizes firearms licenses from other states, DCJIS answers: "No. Massachusetts does not have reciprocity with any other states."
The statute agrees, and it agrees by omission. There is no Massachusetts reciprocity provision: nothing makes another state's carry license valid here, nothing authorizes recognition agreements, and no state's license substitutes for a Massachusetts one. The permit in your wallet from Florida, New Hampshire, Utah, or anywhere else does not authorize you to carry a firearm in Massachusetts.
MGL c.140 s.131(d) sets who may apply: "A lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a license to carry firearms." Under s.121 the licensing authority is "the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them," and where none exists, the colonel of the state police.
That is a residency-keyed grant, and a visitor is outside it. Section 131 says nothing about honoring a license issued elsewhere.
Chapter 135 of the Acts of 2024, approved July 25, 2024, rebuilt this part of the General Laws. Eligibility, denial, suitability, appeals, fees, and renewal moved out of s.131 into a new MGL c.140 s.121F, which now governs "any firearm license, card or permit issued under sections 122, 122B, 122D, 129B, 131 or 131F" (s.121F(a)). What remains of s.131 runs only from (a) to (h), with the six-year maximum term at (e) and the application provision at (d). If you are reading a guide that cites a Massachusetts s.131 subsection past (h), or that locates the suitability standard inside s.131, it predates the restructure.
MGL c.269 s.10(a) is where the absence of reciprocity becomes concrete, because the statute enumerates the routes out of it and an out-of-state license is not among them. It reaches whoever, "except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty" without either:
A parallel list follows for rifles and shotguns, adding a s.129B firearm identification card and compliance with s.129C "upon ownership or possession of not semiautomatic rifles and shotguns." The same subsection then repeats the point from the other direction: "No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section." Two Massachusetts licenses, plus the statutory exemptions s.10(a) preserves at clause (4). An out-of-state carry permit is not on either list.
The grading is severe. A violation of s.10(a) is punished "by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction." The sentence "shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence." Prosecutions "shall neither be continued without a finding nor placed on file." Under s.10(n), a violation of (a) by means of a loaded firearm is "further punished by imprisonment in the house of correction for not more than 2 1/2 years," running from and after the s.10(a) sentence.
Section 121 now defines "firearm" broadly: "a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet..." The handgun-only reading of that word is out of date. The definition runs further in both directions. It reaches "the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm," and it closes with a proviso that "firearm" as defined "shall not include any antique firearm or permanently inoperable firearm."
Section 10(m) adds a separate offense for possessing, or having under control in a vehicle, "a large capacity firearm or large capacity feeding device therefor" without "a valid license to carry firearms issued under section 131 or 131F of chapter 140." That is "imprisonment in a state prison for not less than two and one-half years nor more than ten years," with the sentence not reduced below one year, not suspended, and no probation, parole, furlough, work release, or good conduct deduction until the minimum is served, and no continuance without a finding and no filing. A firearm identification card "shall not be a defense," though a holder of a valid one escapes the mandatory minimum. A large capacity feeding device is one holding, or readily convertible to accept, "more than 10 rounds of ammunition or more than 5 shotgun shells." Capacity is measured by the device, not by where you bought it, and the definition carves out only permanently altered devices, attached tubular devices designed to accept and capable of operating only with .22 caliber rimfire ammunition, and tubular magazines contained in lever-action firearms or on pump shotguns.
Massachusetts does issue a license to non-residents, and for an ordinary visitor it is the route to lawfully carrying a handgun here. The exceptions are narrow, and all three are covered below: the s.129C(k) in-vehicle transit rule; the s.129C(f) exemption, which lets "[a] person in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction" possess "non-large capacity firearms and ammunition therefor without holding a license or card under sections 129D, 131 or 131F," but only "while in the performance of their official duty or when duly authorized to possess them by their employing agency"; and the federal LEOSA routes at 18 U.S.C. 926B and 926C. Outside those, plan on the license.
The mechanism is MGL c.140 s.131F, whose catchline on the Legislature's site still reads "Nonresidents or aliens; temporary license to carry firearms or ammunition." That catchline predates the 2024 act; SECTION 61 struck "alien that resides outside the commonwealth" from the body and inserted "a citizen or national of the United States or a person who maintains legal permanent residency." Several provisions confirm it is live:
Section 121F governs the application. The licensing authority must act within 40 days of a completed application, and no license issues "unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law" (s.121F(a)). The prohibited-person list at s.121F(j) and the unsuitability standard at s.121F(k) both apply, the latter turning on "reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others." Denials are appealable in district court under s.121F(m) and (v). Under s.131P, an applicant "for the issuance of a license or card under sections 129B, 131 or 131F" must submit a basic firearms safety certificate, and no application "shall be accepted or processed by the licensing authority without such certificate attached thereto." See APPLICATION_PROCESS and TRAINING_REQUIREMENTS.
The term and the fee are set by s.131F itself. The license "shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary." That is well short of the s.131(e) six-year maximum for a resident license, which fits s.121F(t) calling these "temporary licenses to carry." The fee "shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial," split $25 to the licensing authority, $50 to the general fund, and $25 to the Firearms Fingerprint Identity Verification Trust Fund. Large capacity is not automatic: "[a] large capacity firearm may be carried if the person has been issued a license; provided, however, that this entitlement shall be clearly indicated on the license." See FEES_COSTS.
One group of applicants gets a longer term. Section 131F provides that a license issued to a non-resident "who is in the employ of a bank, public utility corporation, or a firm engaged in the business of transferring monies, or business of similar nature, or a firm licensed as a private detective under the provisions of chapter one hundred and forty-seven, and whose application is endorsed by his employer, or who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of his commanding officer, may be issued for any term not to exceed two years." The FRB packet carries the same rule under the heading "Applications Submitted for Employment Purposes, valid for two years," and spells out the proof: military personnel submit a photocopy of the military ID plus written consent from the commanding officer, a private detective agency must be licensed in the Commonwealth under MGL c.147 and attach a photocopy of that license, and bank, public utility, money transfer and private detective agency employees must submit an employer letter on company letterhead. A separate two-year track exists under s.131F for a non-resident employee of a federally licensed Massachusetts machine gun manufacturer, marked "temporary license to possess a machine gun."
The packet also states, twice, that "[a] LTC may ONLY be issued to a non-resident, non-citizen (alien) for the purpose of firearms competition," and requires permanent residents and those in the United States on a lawful temporary status to enclose a photocopy of the immigration card or visa and the passport. The statute's eligibility clause, as rewritten by St. 2024 c.135 s.61, reaches "a citizen or national of the United States or a person who maintains legal permanent residency for purposes of firearms competition." If you are not a United States citizen, treat competition as the operative purpose and confirm with the Bureau before you apply.
The rest is agency practice. DCJIS states that the Firearms Records Bureau "issues non-resident LTCs as the designee of the Colonel of the State Police." The FRB's non-resident application packet, footer-stamped "Non-Resident LTC application - Revised March 2024" and posted at mass.gov (retrieved August 13, 2026), states that "[e]very applicant is required to appear in-person at the Firearms Records Bureau (FRB) for the first non-resident license to carry (LTC) application," and tells renewal applicants to apply "a minimum of 90 days in advance." The Commonwealth's apply page (retrieved August 13, 2026) lists "[a]n in-person appointment" among what a non-resident applicant may need and adds one fact a visitor should build into the calendar: "There is no grace period for non-resident firearms licenses." The EOPSS guidance says the same thing from the statutory side. Asked whether "the grace period for an expired LTC under s.121F(s) of chapter 140" applies to temporary LTCs, it answers: "No." Practice items like the appointment and the mailing routine can change without a statutory amendment, so confirm them with the FRB before you travel.
One category that used to qualify no longer does. Asked whether nonresident business owners are eligible for an LTC, the DCJIS and EOPSS guidance on An Act Modernizing Firearm Laws answers that "nonresident business owners are no longer eligible for a license to carry." The guidance attaches that answer to section 131(a), which is the entitlement clause and says nothing about residency. The applicant requirement sits at s.131(d), which opens the application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority," to an officer employed by that authority, and to a person residing in an area of exclusive federal jurisdiction. The same guidance states the rule directly in another answer: "Applicants can only apply for or renew a firearms license in the city/town where they reside, or a non-resident of the Commonwealth through the Firearms Records Bureau." Read the substance against s.131(d) rather than the subsection the guidance names. Guidance retrieved August 13, 2026.
A caution about Massachusetts state web pages. The DCJIS listing "Massachusetts Firearms Laws" at mass.gov (retrieved August 13, 2026) still gives Chapter 284 of the Acts of 2014 its own heading and describes it as the act that "amended the Massachusetts gun law and made changes to many of the law's provisions." The page never mentions Chapter 135 of the Acts of 2024 or the new s.121F, and its section-level links run to s.131, s.129B, s.131F, s.129C and s.131L, plus the chapter as a whole. That is a page built around the prior restructure. Where an agency page describes procedure, use it. Where it describes the structure of the licensing statute, check it against the statute.
MGL c.140 s.129C does contain non-resident provisions, and they are narrower than their reputation. A "nonresident" is defined at s.121 as "a person who is temporarily in the commonwealth but legally resides in another state or territory of the United States."
Subsection (a)(ii), for people moving here. Possession of a firearm or ammunition without a license is permitted, "for a particular purpose and limited time," by "a resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any new resident moving to the commonwealth, only with respect to any firearm or ammunition then in their possession prior to moving or return and only for 60 days after such return or entry into the commonwealth." Anyone relocating to Massachusetts holding an out-of-state permit is governed by this clause. It is a 60-day runway to get licensed here, not recognition of the permit, and it covers only what you already owned before the move.
Subsection (i). A non-resident at least 18 "may possess rifles and shotguns that are not large capacity or semi-automatic and ammunition therefor if the nonresident has a permit, card or license issued from their state of residence which has substantially similar requirements to those of the commonwealth for a firearm identification card as determined by the colonel of the state police pursuant to subsection (l)." This is the closest thing Massachusetts has to recognizing another state's credential, and it reaches long guns only.
State this flatly. The State Police publish a document under s.129C(l) titled "States with Substantially Similar Requirements for a Firearm Identification Card." It is not a carry reciprocity list. It is the s.129C(l) determination of which states have requirements substantially similar to a Massachusetts firearm identification card, and all it unlocks is what subsections (i) and (j) describe: possession of rifles and shotguns that are not large capacity and not semi-automatic. Your state's presence on that list has no bearing on carrying a handgun here. Subsection (i) says "rifles and shotguns," and nothing in s.129C makes an out-of-state license a substitute for the s.131 or s.131F license that MGL c.269 s.10(a) demands.
Subsection (j). The same class of long guns may be possessed by a non-resident 18 or older in four situations: "(i) to hunt during hunting season with a nonresident hunting license or a hunting license or permit lawfully issued from their state of residence, which has substantially similar requirements to those in section 11 of chapter 131, as determined by the colonel of the state police pursuant to subsection (l); (ii) while on a firing or shooting range; (iii) while traveling in or through the commonwealth; provided, that the rifles and shotguns that are not large capacity or semi-automatic shall be unloaded and in a locked container pursuant to sections 131C and 131L; or (iv) while at a firearm showing or display organized by a regularly existing gun collectors' club or association."
Subsection (k). The transit provision, and the only nonresident provision reaching a handgun outside official duty: "A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C." Read those conditions as written. The firearm stays in the vehicle. Step out with it and the permission ends.
If you commute into Massachusetts, (k) does not cover you. The EOPSS and DCJIS guidance on An Act Modernizing Firearm Laws asks "Under s.129C(k) - what does 'traveling through the commonwealth' mean?" and answers first: "Going to your workplace would not be 'traveling through the commonwealth' under Commonwealth v. Marquis, 494 Mass. 434 (2025)." The same answer then quotes subsection (k) and closes with the permissive half: "Brief stops incidental to travel appear to be permissible provided the firearm is properly secured in the vehicle." Both sentences sit in the same answer, and the restrictive one is a court construction of the operative phrase rather than an agency reading of it. Read them together. A commute to a Massachusetts workplace is not covered by (k), and a s.131F license, not s.129C(k), is what reaches that trip. Note also that the guidance restates the subsection as requiring storage "in accordance with sections 131C and 131L," where the enacted text of (k) cross-references only section 131C.
Where (k) collides with c.269 s.10(m). This is the sharpest unresolved exposure facing a non-resident driving through, and it has no clean answer. Section 10(m) opens: "Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity firearm or large capacity feeding device therefor who does not possess a valid license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140." A non-resident driving through under s.129C(k) with a large capacity firearm, or with a magazine that meets that definition, holds no s.131 and no s.131F license. Whether the c.140 s.129C(k) permission is enough to be "permitted or otherwise provided under ... chapter 140" for s.10(m) purposes is not answered by either section, and s.10(m) does not name s.129C the way s.10(a)(4) does. The downside if it is not enough is the s.10(m) grading: "imprisonment in a state prison for not less than two and one-half years nor more than ten years," a sentence that "shall not be reduced to less than one year, nor suspended," with no probation, parole, furlough, work release, or good conduct deduction until the minimum is served, and prosecutions that "shall neither be continued without a finding nor placed on file." Plan around that gap, not through it. Leaving large capacity firearms and over-capacity magazines out of the trip removes the question entirely.
Subsection (l). The two "substantially similar" determinations are not self-executing. The colonel of the state police "shall determine those states with substantially similar requirements to those of the commonwealth for a firearm identification card under section 129C and a hunting license under section 11 of chapter 131 and shall annually publish a list of those states."
The publication in hand, retrieved August 13, 2026, states that "[n]onresidents who are lawfully licensed to possess firearms in any of the below listed states may possess rifles and shotguns that are not large capacity or semi-automatic and ammunition," and lists 19 jurisdictions under "States with Substantially Similar Requirements for a Firearm Identification Card": California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Rhode Island, South Carolina, and Washington. That is the s.129C(i) list. The same document carries a second and much longer list, "States with Hunter Education Course Requirement," which is the s.129C(j)(i) hunting determination and a different list with different states on it. Do not read one for the other. Because (l) directs annual publication, check the current posting before you rely on this one, and read it for what it does: appearing on the firearm identification card list unlocks non-large-capacity, non-semi-automatic rifles and shotguns plus ammunition, and nothing about carrying a handgun. Read the publication's summary line against the statute it implements. Section 129C(i) requires that the nonresident be at least 18 years of age and that the permit, card, or license be "issued from their state of residence." A permit issued by a listed state that is not your state of residence does not satisfy that condition.
Registration is one requirement the exemptions do not lift, and the agency has answered how it lands on a visitor. Section 129C(m) provides that "[n]othing in this section shall supersede the firearm registration and serialization requirements pursuant to sections 121B and 121C." Asked whether a non-resident must register a firearm "while traveling in or through Massachusetts, or while possessing a rifle or shotgun under one of the exemptions contained in section 129C," the EOPSS guidance answers: "No." The same guidance notes that individuals are not required to comply with the ss.121B and 121C registration and serialization requirements until October 28, 2026, under section 157 of the act.
Section 131C ties in expressly, reaching a person carrying "under a license issued pursuant to section 129B, 131 or 131F or through an exemption under section 129C." Under s.131C(a) a loaded firearm in a vehicle must be "under the direct control of the person," and a violation is "punished by a fine of $500." Under s.131C(b) a large capacity rifle or shotgun in a vehicle must be "unloaded and secured in a locked container as defined in section 121," and a violation is "punished by a fine of not less than $500 nor more than $5,000." A conviction is reported to the licensing authority, which "shall immediately revoke" the card or license, with no new one until "1 year after the date of revocation."
Falling outside s.129C has its own grading. MGL c.269 s.10(h)(1): "Whoever owns, possesses or transfers a firearm or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500." A second or subsequent violation carries "imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both," and any officer authorized to make arrests may arrest without a warrant on probable cause.
One artifact worth knowing. MGL c.269 s.10(a)(4) still conditions its exemption on compliance with "sections one hundred and twenty-nine C and one hundred and thirty-one G," but St. 2024 c.135, s.64 repealed s.131G outright. The surviving operative route is s.129C.
Storage does not pause for visitors. MGL c.140 s.131L(a) requires any firearm not carried by or under the owner's control to be "secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged." Section 131L(b) grades a violation, for a firearm that is not a large capacity firearm or machine gun, at "a fine of not less than $1000 nor more than $7,500 or by imprisonment for not more than 1 1/2 years or by both," and for a large capacity or semiautomatic weapon or machine gun at "a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not less than 1 1/2 years nor more than 12 years or by both." The hotel room is not an exception. See STORAGE.
18 U.S.C. 926A entitles a person not otherwise prohibited to transport a firearm "from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm," but only if it is unloaded and "neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment," and, in a vehicle without a separate compartment, only if contained "in a locked container other than the glove compartment or console." It protects transport, not carry, and not a stop that turns into a stay.
18 U.S.C. 926B and 926C authorize a qualified law enforcement officer and a qualified retired law enforcement officer, carrying the identification each section requires, to carry a concealed firearm "notwithstanding any other provision of the law of any State," subject to s.926B(b), which preserves state laws letting private property owners restrict carry and restricting firearms on state or local government property. Massachusetts names these federal categories in specific exemptions, including MGL c.269 s.10(j) and s.10(k)(5) and MGL c.140 s.131M(e), which is narrower than a general licensing exemption.
Everything above answers one question: which credentials Massachusetts honors. It does not answer the opposite question, which is where a Massachusetts license to carry is honored outside Massachusetts. The Massachusetts statutes and agency guidance quoted here do not speak to that, so do not read the analysis above backward. Before carrying a Massachusetts license elsewhere, confirm your status with that state's own licensing or attorney general authority, for every state you will pass through.
If you hold an out-of-state carry permit and you are coming to Massachusetts, plan on one of two things: apply for a s.131F non-resident license through the Firearms Records Bureau, or leave the handgun at home. DCJIS says there is no reciprocity with any state, and the licensing and penal statutes are built the same way. The s.129C(k) transit carve-out is real, but it is a driving-through rule with the firearm confined to the vehicle, not authority to carry once you arrive, and under Commonwealth v. Marquis, 494 Mass. 434 (2025), as the state's own guidance reports it, driving to your Massachusetts workplace is not travelling through the commonwealth at all. The s.129C(l) similar-requirements list is about rifles and shotguns, not carry. Section 131F sets the one-year term and the $100 fee; confirm the FRB appointment requirement and the current s.129C(l) posting with the Bureau before you travel. See PERMIT_BASICS, FEES_COSTS, TRANSPORT, and PROHIBITED_PLACES.
View this topic on its own page: Reciprocity
This page is the reference desk for the rest of the guide: the provisions that govern, the offices that administer them, and the documents that answer procedural questions. Everything is cited so you can read the controlling text rather than trust a summary. Start with a warning about vintage, because Chapter 135 of the Acts of 2024 rewrote much of Chapter 140 and older material points at provisions that no longer say what it claims.
St. 2024, c. 135, "An Act Modernizing Firearm Laws," approved July 25, 2024, is the act that moved things. These operations matter most for anyone reading older commentary:
St. 2024, c. 206, the fiscal year 2024 supplemental appropriations act, approved September 16, 2024, corrected Chapter 135 after the fact. Its SECTION 50 amends Chapter 135's SECTION 16 by striking the figure "128A" in clause (d) and inserting "131 ¾", relocating the cross reference for the assault-style firearm roster. Its SECTION 51 replaces Chapter 135's SECTION 159, the delayed-effect clause. As enacted that clause read "Sections 38 and 75 shall take effect 18 months after the effective date of this act," but SECTION 75 is the Section 131Q rewrite. As corrected it names Sections 38 and 74, and SECTION 74 is the Section 131P rewrite. Read Chapter 135 SECTION 159 only in its Chapter 206 form.
That trigger, "the effective date of this act," has been counted from different starting points. The editor's note on Section 131P at malegislature.gov gives January 25, 2026, eighteen months from the July 25, 2024 approval. EOPSS Guidance #4 gives April 2, 2026. Both dates have passed.
Dangling cross references to repealed sections. Chapter 269, Section 10(a)(4) still excuses possession by a person "having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty." Section 131G was repealed, leaving Section 129C as the operative route in that clause. Chapter 140, Section 131F still provides that a temporary license "shall not be used to purchase firearms in the commonwealth as provided in section 131E." Section 131E was repealed. Both cross references survive in the published text and both point at nothing.
Stale catchlines. The headings on malegislature.gov are not enacted text and were not always updated when the section beneath them was replaced. Section 129C still carries a heading ending "exhibiting license to carry, etc. on demand" though SECTION 45 struck and replaced the whole section. Section 131F still carries the heading "Nonresidents or aliens" though SECTION 61 struck "alien that resides outside the commonwealth" and inserted "a citizen or national of the United States or a person who maintains legal permanent residency." Read the section body, not the heading.
Chapter 140 is the licensing chapter. Chapter 269 carries the criminal offenses.
| Citation | What it governs |
|---|---|
| M.G.L. c. 140, s. 121 | Definitions for Sections 122 through 131Y, including "Licensing authority", "Machine gun", "Assault-style firearm", "Ammunition" and "Valid serial number" |
| M.G.L. c. 140, s. 121F | The licensing process: 40-day decision deadline at (a), record inquiries at (c) through (e), prohibited-person denial at (j), unsuitability denial at (k), appeal at (m), fees at (n) through (q), expiration notice and renewal affidavit at (r), expired licenses at (s) and (t), revocation at (u) |
| M.G.L. c. 140, s. 122 | Dealer and gunsmith licenses, granted "in accordance with section 121F" to applicants 21 or older |
| M.G.L. c. 140, s. 129B | Conditions and restrictions on the firearm identification card |
| M.G.L. c. 140, s. 129C | Possession without a license, permit or card, including the nonresident provisions at (i) and (j) that turn on another state's requirements being substantially similar as determined by the colonel under (l) |
| M.G.L. c. 140, s. 129D | Surrender of firearms and ammunition on denial, suspension or revocation, and their transfer or disposal |
| M.G.L. c. 140, s. 131 | Conditions and restrictions on the license to carry, (a) through (h): what it entitles a holder to do, the safety certificate prerequisite, who may apply and the initial personal interview, the term of up to six years, the machine gun exception, the 30-day change of address duty, and the regulatory grant to EOPSS |
| M.G.L. c. 140, s. 131A | Permits to purchase, rent or lease a firearm, or to purchase ammunition |
| M.G.L. c. 140, s. 131C | Carrying a loaded firearm in a vehicle. A person carrying under Section 129B, 131 or 131F, or under a Section 129C exemption, must keep it under direct control |
| M.G.L. c. 140, s. 131F | The nonresident temporary license to carry, issued by the colonel of state police, valid one year, with the $100 fee |
| M.G.L. c. 140, s. 131L | Storage in a locked container or with a tamper-resistant mechanical lock or other safety device, properly engaged |
| M.G.L. c. 140, s. 131M | Assault-style firearms not lawfully possessed on August 1, 2024, and large capacity feeding devices not lawfully possessed on September 13, 1994 |
| M.G.L. c. 140, s. 131N | Covert and undetectable firearms, as defined in Section 121 |
| M.G.L. c. 140, s. 131P | The basic firearms safety certificate: who must submit one and the hunter education substitute for an FID under M.G.L. c. 131, s. 14, the colonel's rulemaking and written examination authority at (b)(i), instructor certification and curriculum including live firearms training at (b)(ii) |
| M.G.L. c. 140, s. 131R | Extreme risk protection order petitions, their contents, the bar on filing and service fees, and impoundment |
| M.G.L. c. 269, s. 10 | Carrying dangerous weapons. Subsection (a) is the unlicensed possession offense and its mandatory minimum; the section also reaches machine guns, sawed-off shotguns and large capacity weapons |
| M.G.L. c. 269, s. 10A | Selling, giving or using silencers, and confiscation and destruction |
| M.G.L. c. 269, s. 10G | Enhanced state prison terms for a person previously convicted of a violent crime or serious drug offense who violates paragraph (a), (c) or (h) of Section 10 |
| M.G.L. c. 269, s. 10H | Carrying a loaded firearm, on the person or under control in a vehicle, at a blood alcohol percentage of eight one-hundredths or greater or under the influence, by a Section 131 or 131F licensee |
| M.G.L. c. 269, s. 12D | Carrying a loaded rifle or shotgun on a public way, the unloaded-carry rules and the exceptions |
| M.G.L. c. 140, ss. 131E and 131G | Repealed by St. 2024, c. 135, SECTIONS 59 and 64. Do not rely on either |
Chapter 140 is published at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140. The two session laws are at https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter135 and https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter206.
Your licensing authority. Section 121 defines it as "the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them; provided, however, that should no such chief or officer exist the colonel of the state police or their designee shall act as the licensing authority." For a resident, that is the police department where you live. It receives the application, conducts the initial personal interview required by Section 131(d), decides it under Section 121F, and takes surrendered firearms under Section 129D.
Department of Criminal Justice Information Services (DCJIS). Its commissioner supplies the standard application and license forms under Section 121F(g) and (i), receives record inquiries under Section 121F(e), sends expiration notices under Section 121F(r), runs the electronic firearms registration system through which Section 131(g) address changes are filed, and under Section 121E publishes firearms data with EOPSS. Agency page: https://www.mass.gov/orgs/department-of-criminal-justice-information-services.
Firearms Records Bureau (FRB), within DCJIS. It issues nonresident licenses to carry as the designee of the Colonel of the State Police. Published contact details: 200 Arlington Street, Suite 2200, Chelsea, MA 02150; phone (617) 660-4782; fax (617) 884-4601; frb@mass.gov, and gundealers@mass.gov for dealer matters. The firearms license application status line is (617) 660-4722. Applications are filed through the MIRCS Unified Gun Portal at https://gunportal.mass.gov/mircsUnifiedPortal/.
Colonel of the state police. Beyond acting as licensing authority where no chief or officer exists, the colonel certifies firearms safety instructors and creates the written examination under Section 131P(b), and under Section 131P(b)(ii) must "annually update and post on the department of state police's website a list of approved instructors," and determines under Section 129C(l) which states have substantially similar requirements. The Massachusetts State Police run the Firearms Safety Instructors Certification Program and publish its administrative coordinator contact as firearms.licensing@pol.state.ma.us, 508-820-2299, at 470 Worcester Road, Framingham, MA 01702, Monday through Friday, 8 a.m. to 4 p.m. Program page: https://www.mass.gov/info-details/firearms-safety-instructors-certification-program.
Executive Office of Public Safety and Security (EOPSS). The secretary or a designee may promulgate regulations under Section 131(h), was directed by Chapter 135 SECTIONS 154 and 155 to notify existing licensees and write registration regulations, and issues the implementation guidance memoranda. Published address: One Ashburton Place, Room 2133, Boston, Massachusetts 02108, telephone (617) 727-7775, www.mass.gov/eopss. Agency page: https://www.mass.gov/orgs/executive-office-of-public-safety-and-security.
Where do I apply, what do I bring, what does it cost. "Apply for or renew a firearms license" at https://www.mass.gov/how-to/apply-for-or-renew-a-firearms-license. Residents apply to the police department where they reside; nonresidents apply through the FRB. The page carries the required package, a fee table, and links to the approved course list and application forms.
Is my old LTC restriction still enforceable, and other recurring questions. The Firearms License and Transaction FAQ at https://www.mass.gov/info-details/firearms-license-and-transaction-frequently-asked-questions. It states that after New York State Rifle & Pistol Association v. Bruen, restrictions limiting a license holder to hunting, target shooting or employment "are no longer enforceable," and it addresses air guns, PIN retrieval, name and address changes, and NICS warrant removal.
What did the new law change in practice, and when does each piece start. EOPSS memorandum "An Act Modernizing Firearm Laws, Guidance #4," dated November 13, 2025, at https://www.mass.gov/doc/an-act-modernizing-firearms-laws-guidance-4/download. It consolidates the answers given in Guidance #1 through #3, gives April 2, 2026 as the effective date of SECTION 74, addresses who must retake the safety course and complete live fire on renewal, describes instructor upload of certificates to the DCJIS MIRCS Portal, and enumerates the license types under the new law, noting that the resident alien permit is no longer one of them.
How does a nonresident apply. The Non-Resident License to Carry Firearms application packet at https://www.mass.gov/doc/non-resident-license-to-carry-firearms-application-0/download. It covers the in-person appearance for a first application, mail processing for renewals, the annual fingerprint-based check required by Section 131F, the non-refundable $100 fee and accepted payment forms, the immigration documentation rules, and the employment-purpose license valid for two years.
Which states does Massachusetts treat as substantially similar. The State Police list at https://www.mass.gov/doc/states-with-similar-firearm-identification-requirements-032026/download, published under Section 129C(l), with separate lists for firearm identification and for hunting. It is not a carry reciprocity list.
What is happening with the live fire requirement. The EOPSS "Legislative Report on the Live Firearm Training Component of the Basic Firearms Safety Certificate Requirement," July 2, 2025, at https://www.mass.gov/doc/section-152-live-firearms-report/download, filed under Chapter 135 SECTION 152. It covers other states' live fire requirements, the availability and cost of training, the record of the public hearings held May 29 and June 4, 2025, and recommendations.
Where do I find a certified instructor or an approved course. The instructor certification program page above links the public instructor listings, the instructor application, and the approved course list at https://www.mass.gov/doc/approved-basic-firearms-safety-course-list-updated-june-5-2026/download. The nonresident packet points applicants to https://www.mass.gov/firearms-services.
A caution about one index page. The DCJIS and EOPSS listing "Massachusetts Firearms Laws" at https://www.mass.gov/lists/massachusetts-firearms-laws is a useful set of links to Sections 131, 129B, 131F, 129C and 131L, but it is not a reliable account of the licensing structure: the only session law it gives a heading to is Chapter 284 of the Acts of 2014. Where an agency page describes procedure, use it. Where it describes the shape of the statute, check the statute.
515 CMR 3.00, "Firearms Course and Instructor Certifications and Firearms Surrender Programs," is adopted by the Colonel of the Massachusetts Department of State Police under M.G.L. c. 140, ss. 131O and 131P. Section 3.04 sets instructor certification requirements and the ten-year term, 3.05 sets curriculum criteria and lists approved courses, and 3.06 governs the surrender program. Text: https://www.mass.gov/regulations/515-CMR-300-firearms-course-and-instructor-certifications-and-firearms-surrender-programs.
Read it against the statute, not instead of it. Section 3.03 still defines "LTC. License to Carry Firearms which shall include both Class A and Class B licenses," a split the replacement Section 131 written by Chapter 135 SECTION 49 does not carry. And neither the curriculum criteria in 3.05(2), nor the approved course lists in 3.05(3) and (4), nor the certificate contents in 3.05(7) mention live firearms training or the written examination that Section 131P(b)(i) and (c)(i) now require. Sections 3.04(2) and 3.05(6) still direct instructor and curriculum applications by mail to the Department of State Police, Licensing Unit, 470 Worcester Road, Framingham, MA 01702.
| Citation | Subject |
|---|---|
| 18 U.S.C. 921 | Definitions |
| 18 U.S.C. 922 | Unlawful acts |
| 18 U.S.C. 924 | Penalties |
| 18 U.S.C. 926A | Interstate transportation of firearms |
| 18 U.S.C. 926B | Carrying of concealed firearms by qualified law enforcement officers |
| 18 U.S.C. 926C | Carrying of concealed firearms by qualified retired law enforcement officers |
| 18 U.S.C. 930 | Possession of firearms and dangerous weapons in Federal facilities |
| 26 U.S.C. 5811 | Transfer tax |
| 26 U.S.C. 5812 | Transfers |
| 26 U.S.C. 5845 | Definitions |
| 26 U.S.C. 5861 | Prohibited acts |
| 26 U.S.C. 5871 | Penalties |
| 39 CFR 232.1 | Conduct on postal property |
| 36 CFR 2.4 | Weapons, traps and nets |
Current text of each is available from Cornell's Legal Information Institute, for example https://www.law.cornell.edu/uscode/text/18/922 and https://www.law.cornell.edu/cfr/text/36/2.4.
Federal law sets a floor, not a ceiling. Nothing in 18 U.S.C. 921, 922, 924 or 926A displaces the Massachusetts licensing requirements in Chapter 140, while 18 U.S.C. 930 and 39 CFR 232.1 restrict federal facilities and postal property regardless of a Massachusetts license. 36 CFR 2.4 runs the other way for possession, and only for possession: subsection (a) bars enforcement of that section against an individual who is not otherwise prohibited and whose possession complies with the law of the State the park unit sits in. It is written in terms of possessing and says nothing about carrying. Subsection (c) separately prohibits "[c]arrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation," and subsection (g) prohibits carry "in violation of applicable Federal and State laws." Read (a) as a possession protection rather than a general licence to carry in a park unit.
Verify against current text. Chapter 135 changed provisions across Chapter 140, SECTIONS 152 through 158 carry report and implementation provisions, among them SECTION 153, which is a savings clause preserving outstanding credentials rather than a deadline. SECTION 159 is the act's only delayed-effect clause, and as replaced by Chapter 206 SECTION 51 it delays Sections 38 and 74. For a case-specific question, consult a Massachusetts attorney.
View this topic on its own page: Massachusetts Firearms Law: Statutes, Agencies and Forms
St. 2024, c. 135, "An Act Modernizing Firearm Laws," approved July 25, 2024, struck MGL c. 140, s. 131 and replaced it with a section running only from subsection (a) through subsection (h), and inserted a new s. 121F carrying eligibility, denial, suitability, appeals, fees and renewal. A citation to a s. 131 subsection past (h) is dead, and the Class A and B split is gone. SECTION 153 keeps a license to carry, FID or license to sell valid until its "expiration, suspension or revocation," entitling the holder to "possess the firearms authorized by the license at the time it was last issued or renewed."
No to both. MGL c. 269, s. 10(a) reaches whoever "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded" without one of its enumerated alternatives, which on the firearm branch are presence "in or on his residence or place of business," an in-effect license under MGL c. 140, s. 131, an in-effect license under s. 131F, compliance with "sections one hundred and twenty-nine C and one hundred and thirty-one G," a dead half-reference since SECTION 64 of the 2024 act repealed s. 131G, and compliance as to an air rifle or BB gun under s. 12B. An out-of-state permit is not among them, and neither s. 131(d), s. 131F nor s. 129C makes one valid here. Section 129C(i) gives a nonresident at least 18 with a substantially similar home-state credential only "rifles and shotguns that are not large capacity or semi-automatic." Section 129C(k) is the carve-out to watch: a nonresident "may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C." Because s. 121 defines "Firearm" to include a pistol and a revolver, that route reaches a handgun, and it answers s. 10(a) through alternative (4), compliance with s. 129C. EOPSS Guidance #4 Q36 limits it: going to your workplace would not be traveling through the commonwealth under Commonwealth v. Marquis, 494 Mass. 434 (2025). Section 129C(a) adds 60-day possession windows, one for a new resident or a resident returning after at least 180 consecutive days away, limited to firearms held before the move or return, and one for an heir or devisee running from the transfer into their possession. A s. 10(a) violation draws state prison for not less than two and one-half years nor more than five, or 18 months to two and one-half years in a jail or house of correction, not reducible below 18 months and not suspendable.
Handguns and large capacity firearms. MGL c. 140, s. 131(a) entitles the holder "to purchase, rent, lease, borrow, possess and carry firearms, including large capacity firearms and ammunition therefor," but not large capacity feeding devices or assault-style firearms unless s. 131M permits it. Section 131(c) makes the LTC valid for rifles and shotguns that are not large capacity or semi-automatic, so the cards need not be held together. Section 129B(c) caps the FID at that same class and bars the holder from carrying "any other firearm including any large capacity firearm" outside supervised use at an incorporated shooting club or licensed range. Section 121 defines "Firearm" to include a stun gun, rifle, shotgun, sawed-off shotgun, assault-style firearm and machine gun, plus the frame or receiver, so a stun gun sits outside the FID entitlement.
Twenty-one for the LTC, eighteen for the FID. MGL c. 140, s. 131(d) opens the LTC application to "[a] lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town." Section 129B(a) opens the FID to a lawful resident 18 or older on the same residency footing minus the officer route. A person aged 15 or older but under 18 may be issued a card only on meeting s. 121F and filing a parent or guardian certificate granting permission to apply, and a person 14 may apply but is not issued one until 15.
To the licensing authority for the city or town where you reside. MGL c. 140, s. 121 defines that officer as "the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them." Section 121F(a) gives the authority 40 days from a completed application to approve and issue or deny in writing, and bars issuance "unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law." Section 131(d) requires a personal interview on an initial LTC application.
Yes, through the colonel of the state police rather than a local department. Under MGL c. 140, s. 131F a temporary license to carry issues "to a nonresident or any person not falling within the jurisdiction of a local licensing authority," and to a citizen or national of the United States or a person who maintains legal permanent residency "for purposes of firearms competition," on the same s. 121F test. It "shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary," may not be used to purchase firearms in the commonwealth, and reaches a large capacity firearm only where that entitlement "shall be clearly indicated on the license." Section 131F allows a term of up to two years for certain employer-endorsed and armed services applicants.
One hundred dollars, up to six years. MGL c. 140, s. 121F(o) sets the fee for an application or renewal of "any license, card or permit" at $100, split between the licensing authority, the General Fund and the Firearms Fingerprint Identity Verification Trust Fund. It drops to $25 for an LTC for active and retired law enforcement officials or government entities acting on their behalf, and for an FID for a person under 18. Section 121F(p) exempts "[a]ny person over the age of 70 and any law enforcement officer applying through their employing agency" from paying a renewal fee, and s. 131F sets the same $100 for the nonresident license. Section 131(e) makes an LTC valid, unless revoked or suspended, "for a period of not more than 6 years from the date of issue," expiring on the birthday anniversary falling 5 to 6 years out, and s. 129B(d) runs the FID on the same clock. Section 121F(r) requires DCJIS to send expiration notice at least 90 days ahead with a renewal form and a lost-or-stolen affidavit, and s. 131(g) and s. 129B(e) require reporting an address change within 30 days.
Yes to both, with narrow exceptions. MGL c. 140, s. 131(b) bars issuing an LTC without "a basic firearms safety certificate meeting the requirements of section 131P," and s. 129B(b) says the same for the FID. Section 131P(a) bars processing an application without the certificate attached, and excepts an officer, agent or employee of the commonwealth or any state of the United States, a member of the military or other service of any state or of the United States, and a duly authorized municipal law enforcement officer, agent or employee, each only where the person is "authorized by a competent authority to carry or possess the firearm so carried or possessed" and is "acting within the scope of their duties." A hunter education certificate under c. 131, s. 14 substitutes on an FID application, not an LTC application, and persons lawfully possessing an FID or LTC on August 1, 2024 are exempt on expiration and renewal. The same sentence carries a second proviso reaching the live fire half directly: "persons possessing a firearms identification card or license to carry firearms prior to the implementation of live firearms trainings as required in this section shall also be exempt from such requirement." Section 131P(b), as rewritten by St. 2024, c. 135, SECTION 74, adds "(H) live firearms training" to the curriculum and directs the colonel to create a statewide written examination. Two commencement dates are published, January 25, 2026 on malegislature.gov and April 2, 2026 in EOPSS Guidance #4, and both have passed.
Yes, and yes. MGL c. 140, s. 121F(j) requires denial to a prohibited person, a category built on disqualifying convictions and youthful offender or delinquency adjudications, specified mental health and substance use commitments, listed protective and extreme risk orders, an outstanding arrest warrant, absence of United States citizenship or nationality without lawful permanent residency, and dishonorable discharge. The codified text ends at that discharge clause; St. 2024, c. 135, SECTION 32 as enacted closes the enumeration with "(vii) is a fugitive from justice." Section 121F(k) needs no conviction: unsuitability rests on "reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests" they "may create a risk to public safety or a risk of danger to themselves or others." On an FID, s. 121F(l) sends that call to the district court. Section 121F(v)(2) allows judicial review within 90 days, unless a hearing was already held under s. 131S or 131T, c. 209A or c. 258E.
Schools and government buildings, among other places. MGL c. 269, s. 10(j), as amended effective August 5, 2025, applies "notwithstanding any license obtained by the person pursuant to chapter 140" to carrying a firearm or other dangerous weapon "in any building or on the grounds of any elementary or secondary school, college or university, including transport used for students of said institution" without written authorization from the board or officer in charge, punishable by a fine of not more than $1,000 or imprisonment for not more than 2 years, or both. Section 10(k)(1) punishes possessing a firearm "in a prohibited area, and knows or reasonably should know such location is a prohibited area," by a fine of not more than $1,000 or house of correction imprisonment for not more than 2 1/2 years, or both. Section 10(k)(2) reaches government administration, judicial and correctional locations "including in or upon any part of the buildings, grounds, or parking areas thereof," while excluding "any state-owned public land available to the public for hunting" and letting a municipality vote under MGL c. 4, s. 4 to exclude its administrative buildings, and a polling place or early voting site while open for voting "or within 150 feet of the building entrance door." Section 10(k)(4) gives licensees a defense, not an exemption: secure vehicle storage under ss. 131C and 131L.
Each runs on its own rule. Under 18 U.S.C. 930(a), and except as subsection (d) provides, knowingly possessing a firearm or other dangerous weapon in a Federal facility other than a Federal court facility draws a fine or imprisonment of not more than 1 year, or both, rising under 930(e)(1) to not more than 2 years in a Federal court facility. Subsection (d) covers the lawful performance of official duties by an officer, agent or employee of the United States, a State, or a political subdivision thereof who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law, possession by a Federal official or member of the Armed Forces where authorized by law, and "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." Section 930(h) requires notice of subsections (a) and (b) to be "posted conspicuously at each public entrance to each Federal facility," and it carries its own consequence for missing notice: "no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be." Do not read that as permission. It limits who may be convicted, not what the statute prohibits. Section 930(g)(1) defines a Federal facility as "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties." Post offices are stricter: 39 C.F.R. 232.1(l) bars any person on postal property from carrying weapons "either openly or concealed, or store the same on postal property, except for official purposes," punishable by a fine under 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both, so the locked-in-the-trunk answer fails there. National parks point back at state law: 36 C.F.R. 2.4(a) disables enforcement of provisions in that section or chapter on two conditions read together, that "[t]he individual is not otherwise prohibited by law from possessing the firearm" and that possession "is in compliance with the law of the State" where the unit sits, and 2.4(g) still prohibits carrying a weapon "in violation of applicable Federal and State laws."
Yes under your direct control, and no. MGL c. 140, s. 131C(a) provides that no person carrying a loaded firearm under a license issued pursuant to s. 129B, s. 131 or s. 131F, or through a s. 129C exemption, "shall carry the loaded firearm in a vehicle unless the loaded firearm while carried in the vehicle is under the direct control of the person," with a violation punished "by a fine of $500." Subsection (b) reaches only "a large capacity rifle or shotgun," which must be "unloaded and secured in a locked container as defined in section 121," at a fine of not less than $500 nor more than $5,000. Because s. 121 defines "Firearm" to include rifle and shotgun, and opens "As used in sections 122 to 131Y, inclusive," a loaded long gun that is not large capacity falls under subsection (a)'s direct-control condition rather than subsection (b). Section 121 defines "Secured in a locked container" to include "in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox." EOPSS Guidance #4 Q22, asked whether that definition includes a locked vehicle, answers no. Section 131C(d) adds the larger consequence: on a conviction under that section the licensing authority "shall immediately revoke the firearm identification card or license," and no new card or license may issue until 1 year after the date of revocation.
Locked, unless it is on you. MGL c. 140, s. 131L(a) makes it "unlawful to store or keep any firearm in any place unless such firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged," and adds that a firearm "shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user." A stun gun gets no lock-device alternative: the same subsection requires it to be "secured in a locked container accessible only to the owner or other lawfully authorized user." Section 131L(b) punishes a violation, for a firearm that is not a large capacity firearm or machine gun, by a fine of $1,000 to $7,500 or imprisonment for not more than 1 1/2 years, or both, and for a large capacity or semiautomatic weapon or machine gun by a fine of $2,000 to $15,000 or imprisonment for 1 1/2 to 12 years, or both. Subsections (c) and (d) raise those tiers where a person younger than 18 "may have access without committing an unforeseeable trespass."
Not at or above a blood alcohol percentage by weight of eight one-hundredths, and not while under the influence. MGL c. 269, s. 10H is written against licensed carriers, reaching "[w]hoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm," while at or above "a percentage, by weight, of alcohol in their blood of eight one-hundredths," or "while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C," or from inhaling toxic vapor fumes under MGL c. 270, s. 18. Punishment is a fine of not more than $5,000 or house of correction imprisonment for not more than two and one-half years, or both. The blood alcohol clause needs no proof of impaired faculties, and the section carves out no lawfully consumed marijuana.
Yes for an LTC holder. Nothing in MGL c. 140, ss. 121, 121F, 129B, 129C, 131, 131C or 131F, or in MGL c. 269, ss. 10 or 10H, conditions carry under a license to carry on concealment. Section 131(a) entitles the holder to "possess and carry firearms," and states its limits in terms of what may be carried rather than how. What is permitted is not beyond reach: s. 121F(k) rests unsuitability on "reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests" a risk to public safety or a risk of danger to themselves or others, and s. 121F(u)(1) lets a licensing authority revoke or suspend "upon a subsequent determination of unsuitability as defined in subsection (k)." Long guns are governed by a different section. MGL c. 269, s. 12D(a) bars carrying "on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof," punishable by a fine of $500 to $5,000 or house of correction imprisonment for not more than two years, or both, rising to $1,000 to $10,000 or one to ten years for a large capacity weapon. Section 12D(b) bars an unloaded rifle or shotgun on a public way "unless such rifle or shotgun is enclosed in a case," at a fine of $100 to $1,000. The s. 10(a) license safe harbor answers a charge under that section only, and s. 12D is a different section with its own exceptions in s. 12D(d).
No. None of MGL c. 140, ss. 121, 121F, 129B, 129C, 131, 131C or 131F, or MGL c. 269, s. 10, requires a license holder to volunteer that they are armed or to exhibit a license to an officer on request. The catchline on the Legislature's s. 129C page still reads "exhibiting license to carry, etc. on demand," but St. 2024, c. 135, SECTION 45 struck that section and inserted a replacement, and no such duty survives in the text under the stale heading. The presentation duty in s. 129C(f) runs to a seller at purchase, and only for "a person exempted under this subsection," meaning the military and peace officer class that subsection covers, who must submit "full and clear proof of identification." The license does its work through the elements of the offense instead. Section 10(a) protects a person "having in effect" a license under s. 131 or s. 131F, so the operative fact is validity rather than possession of the card at that moment, though carrying it is the practical course. Conduct during an encounter still reaches the license through the s. 121F(k) unsuitability standard.
An extreme risk protection order under MGL c. 140, ss. 131R to 131Y. Section 121 defines it as an order suspending the respondent's license to carry or FID, requiring surrender of "all firearms or ammunition that the respondent then controls, owns or possesses," and barring a new credential, "in effect for up to 1 year from the date of issuance and may be renewed upon petition." Section 121 restricts who may petition to a family or household member; the licensing authority where the respondent resides; a law enforcement agency or officer "that has interacted with the respondent in an official capacity within the preceding 30 days"; a health care provider "that provided health care services to the respondent within the preceding 6 months"; and a principal or assistant principal of an elementary or secondary school, or an administrator of a college or university where the respondent is enrolled. Section 131S(a) sets a hearing within 10 days, cut to 2 days under s. 131S(b) where the respondent files an affidavit that a firearm or ammunition is required in the performance of their employment, and s. 131S(c)(1) decides it by a preponderance. Section 131S(f) punishes violating the surrender duty by a fine of not more than $5,000 or imprisonment for not more than 2 1/2 years in a house of correction, or both.
Only inside the dated carve-outs. MGL c. 140, s. 131M(a) bars possessing, owning, offering for sale, selling, otherwise transferring or importing "an assault-style firearm, or a large capacity feeding device." Subsection (b) exempts 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 it is registered under s. 121B and serialized under s. 121C. Subsection (c) exempts feeding devices "lawfully possessed on September 13, 1994 only if" possession is on private property the possessor owns or legally controls, on private property not open to the public with the owner's express permission, at a dealer or gunsmith for lawful repair, at a licensed range or competition venue, or traveling to and from those places, with the device "stored unloaded and secured in a locked container." Section 121 sets the threshold at "more than 10 rounds of ammunition or more than 5 shotgun shells," with no separate handgun figure. Section 131M(d) grades a first offense at $1,000 to $10,000 or 1 to 10 years, and a second at $5,000 to $15,000 or 5 to 15 years.
Only on narrow terms, and a federal registration is not among the exceptions either statute states. MGL c. 269, s. 10A prohibits any person, "other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police," from selling, offering, giving, disposing of other than by submitting to an authorized law enforcement agency, using or possessing a silencing device or parts for assembling one, punishable by not more than five years in state prison or not more than two and one-half years in a jail or house of correction. MGL c. 140, s. 131(f) bars issuing a license to carry a machine gun, excepting a machine gun license for a municipal police training committee certified instructor teaching police personnel or a bona fide collector as defined in s. 121, neither exception reaching automatic devices or automatic parts. MGL c. 269, s. 10(c) punishes possessing a machine gun without permission under s. 131 "by imprisonment in the state prison for life, or for any term of years."
A fine and confiscation rather than prosecution, if the lapse is the only problem. MGL c. 140, s. 121F(s) keeps an expired LTC under s. 131 or FID under s. 129B valid "for all lawful purposes" where you applied for renewal before the expiration date, where you were on active duty with the armed forces of the United States on that date, or where "the expiration period has not yet exceeded 90 days beyond the stated date of expiration, unless such license to carry or firearm identification card has been revoked or suspended." Past those windows, s. 121F(t) removes the criminal exposure without removing every consequence: a holder whose credential "is invalid for the sole reason that it has expired" and who is "not otherwise disqualified from renewal upon application" faces "a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply." The same subsection directs an officer who discovers a person in possession of a firearm after the license or card has expired, which that subsection defines as more than 90 days beyond the stated expiration date, or has been revoked or suspended solely for failure to give notice of a change of address, to confiscate the firearm and the expired or suspended credential. A confiscated firearm "shall be considered surrendered and subject to the conditions of section 129D," and is returned to the owner on proof of license or permit reinstatement within 1 year of confiscation. That relief is withheld where the credential was revoked or suspended, faces pending revocation, or had a renewal denied, unless the cause was failure to report a change of address, and it does not reach temporary licenses under s. 131F.
This page describes statutes, not your case. Consult a Massachusetts attorney about your situation.
View this topic on its own page: Massachusetts Firearm License and Carry FAQ
The rest of this guide follows the licensed carrier. This page picks up the parts of chapter 140 that path does not develop, most of them about commerce. Sections 122, 122B, 123, 125, 128, 128A and 128B govern who may sell a firearm, what a dealer owes you at the counter, and how a private owner may lawfully hand a firearm to someone else. Section 129D governs what happens to a firearm once it is in the licensing authority's hands, and section 121F supplies the dealer's appeal and revocation rules. Every section number below is Massachusetts General Laws chapter 140 unless another chapter is named, and chapter 135 of the Acts of 2024 replaced most of them, so the operative text is the replacement text.
Section 121 states that it defines its terms "As used in sections 122 to 131Y, inclusive." The commerce sections discussed below, sections 122 through 129D, all sit inside that range, so section 121 governs each of them by its own terms. Sections 121E and 121F, which this page also covers, sit outside it. Section 121's definition of "Firearm" names the stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, "which is designed to or may readily be converted to expel a shot or bullet", and it reaches "the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm". It excludes any antique firearm or permanently inoperable firearm. So when section 128A says a license-to-carry holder may transfer "firearms", that word carries rifles and shotguns with it, and it carries frames and receivers, finished or unfinished, into the same transfer rules. Where the same section separately names "rifles and shotguns that are not large capacity or semiautomatic", it is naming the narrower class an FID holder may move.
Section 122(a), as replaced by St. 2024, c. 135, SECTION 33, lets a licensing authority grant or renew a license to sell, rent, lease, purchase or otherwise transfer firearms and ammunition, or to be a gunsmith, "to any person 21 years of age or older who is neither a prohibited person nor deemed unsuitable" under section 121F "and who completes the online dealer training classes mandated under section 125." Section 122(b) ties the license to one address. It must specify the street and number of the building where the business is carried on, it "shall not protect a licensee who carries on their business in any other place", and it does not entitle the holder to possess or carry any firearm or ammunition outside the licensed premises. A dealer's license is not a carry license.
Section 125 as rewritten by SECTION 38 creates that online program. Subsection (b) requires an applicant for the issuance or renewal of a section 122 license to sell to complete a dealer training program developed and offered online by the executive office of public safety and security, and bars the licensing authority from accepting or processing an application for the issuance of a license to sell without a certification of program completion. The rewrite arrived late. SECTION 159 of the 2024 act, as replaced by St. 2024, c. 206, SECTION 51, provides that "Sections 38 and 74 shall take effect 18 months after the effective date of this act." The published text of section 125 fixes what that formula means: it prints the old forfeiture and suspension section as the text effective until January 25, 2026, and the rewritten training section as the text effective January 25, 2026. That date is now behind us, so the rewritten section 125 is the operative one and the section 122(a) training precondition is live. Existing paper is preserved separately, because SECTION 153 keeps a valid section 122 license to sell, like a valid license to carry or FID, valid until it expires or is suspended or revoked.
Section 122B covers clubs. Under subsection (a) a lawfully incorporated sporting or shooting club may be licensed to sell or supply ammunition for regulated shooting on its own premises, and that license must be issued to and exercised by an officer or duly authorized member who holds a license to carry or firearm identification card and who would not be disqualified under section 121F. Subsection (b) separately lets the state police, after an investigation, license a club or facility incorporated under Massachusetts law, with an on-site shooting range or gallery, to possess, store and use large capacity firearms, ammunition and feeding devices on the club premises. That license comes with provisos. Not less than 1 shareholder of the club must be qualified and suitable to be issued a license to carry under section 121F, and the club's large firearms may be used under the club license only by a member who holds a valid license to carry firearms issued under section 131, or by another person the club permits while under the direct supervision of a certified firearms safety instructor or a club member who holds a valid license to carry firearms. Subsection (c) then binds the club. One of its rules will surprise a defensive shooter: the club may not permit shooting at targets that depict human figures, effigies, silhouettes or any human images, except by public safety personnel performing in line with their official duties. Under section 122B(e), selling ammunition in Massachusetts without a license under section 122 or section 122B draws a fine of not less than $500 nor more than $1,000, or imprisonment for not less than 6 months nor more than 2 years.
Section 123, as replaced by SECTION 37, is the operating manual for a section 122 licensee, and much of it protects the customer. Subsections (b) through (e) require a business premise that is not a residential dwelling, display of the license where it can easily be read, and a notice at each purchase counter carrying DCJIS safe transportation and storage information plus suicide prevention information. Subsection (c) also forbids displaying any firearm in an outer window of the business premises or in any other place where it can be readily seen from outside.
Subsection (f) makes verification a precondition of every transaction. Before any transfer the licensee must verify the status of the license, card, permit or exemption documentation and that the person presenting it is its lawful holder, and "No transfer of any firearm or ammunition shall be made to any person not in possession of the required license, card, permit or exemption documentation at the time of the transaction."
Subsection (g) is the provision most likely to catch an ordinary customer. If you present an expired, suspended or revoked license, card or permit, the dealer must immediately report the attempted transaction to DCJIS through the electronic firearms registration system, take possession of the credential and forward it to the licensing authority for the city or town where the dealer does business, and issue you a receipt on a DCJIS form recording all of that. The receipt "shall be valid for 90 days for the purpose of providing immunity from prosecution under section 10 of chapter 269". The dealer must also notify you of your duty to surrender your firearms forthwith to your local licensing authority under section 129D, and is immune from liability for good faith compliance.
Subsection (h) requires a transaction record, open at all times to police inspection and entered before transfer or delivery, describing the firearm and ammunition, the nature and date of the transaction, and the acquirer. Subsection (h) does not apply to a gunsmith with regard to repair, remodeling or servicing of firearms unless the gunsmith has manufactured a firearm for the purchaser, though the gunsmith must still keep records of the work with customer names and addresses. Subsection (i) requires immediate reporting to DCJIS of any loss or theft of a firearm or ammunition from the licensee or the premises. Subsection (j) permits sales or transfers at any regular meeting of an incorporated collectors club or at a gun show open to the general public, in compliance with the rest of section 123 and with federal and state law. Subsection (k) bars filling any order received by mail, facsimile, telephone, internet or other telecommunication "unless such transaction includes the in-person presentation of the required license, card, permit or documentation", and exempts transactions between federally licensed dealers. Subsection (l) requires firearms and ammunition to be unloaded when delivered, and delivered only to a person holding the proper credential.
Subsection (m) grades the section. A licensee, or an employee or agent of a licensee, who violates section 123 shall be punished by a fine of not less than $1,000 nor more than $10,000, by imprisonment for not less than 1 year nor more than 10 years, or by both. Subsection (n) requires the local licensing authority to inspect a licensee's premises, records and inventory at least once per calendar year, and makes a violation grounds for suspension or revocation.
Subsections (o) and (p) of section 123 restrict what a section 122 licensee may put in your hands at all. Under subsection (o), a licensee shall not sell, rent, lease or otherwise transfer a firearm described in that subsection "except to a business entity that is primarily a firearm wholesaler", and the transfer must by its terms prohibit the purchaser from reselling the firearm to a firearm retailer or consumer in Massachusetts. Clause (i) reaches a firearm whose frame, barrel, cylinder, slide or breechblock is composed of any metal with a melting point of less than 900 degrees Fahrenheit, any metal with an ultimate tensile strength of less than 55,000 pounds per square inch, or any powdered metal with a density of less than 7.5 grams per cubic centimeter. That clause does not apply to a make and model for which a sample of 3 firearms in new condition all pass the 600-round endurance test the clause sets out, with cleaning and tightening pauses and a defined malfunction allowance. Clause (ii) reaches a firearm that is prone to accidental discharge, which the clause defines through a test in which sample firearms in new condition are test loaded, set so that pulling the trigger would fire them, and dropped onto a solid slab of concrete from a height of 1 meter in each of the positions the clause lists. Clause (iii) reaches a firearm prone to firing more than once per pull of the trigger, or to explosion during firing.
Clause (iv) is different in kind, and it is the one that puts a duty on the dealer toward you. It reaches a firearm with a barrel less than 3 inches in length, "unless the licensee discloses in writing, prior to the transaction, to the prospective buyer, lessee or transferee the limitations of the accuracy of the particular make and model of the subject firearm", by disclosing that make and model's average group diameter test result at 7 yards, at 14 yards and at 21 yards. So a short-barrelled handgun is not barred from retail sale by clause (iv). It is conditioned on that written accuracy disclosure being made to you before the transaction. The clause defines an average group diameter test result as the arithmetic mean of separate trials, each run on a different sample firearm of that make and model in new condition, in which the firearm fires 5 rounds at a target from a set distance and the largest spread in inches between the centers of the holes made in the test target is measured and recorded.
Subsection (p) provides that subsection (o) "shall not apply to" a firearm lawfully owned or possessed under a license issued under chapter 140 on or before October 21, 1998, a stun gun, or a firearm designated by the secretary of public safety, with the advice of the firearm control advisory board established under section 131 1/2, as solely designed and sold for formal target shooting competition or for Olympic shooting competition and listed on the rosters under section 131 3/4.
Section 128A, as replaced by SECTION 41, is the private transfer rule. It names a person with a license to carry under section 131, who may sell or transfer firearms and ammunition, and a person with a firearm identification card under section 129B, who may sell or transfer rifles and shotguns that are not large capacity or semiautomatic and ammunition. Subsection (a) opens the unlimited channel for both, to a person with a license to sell issued under section 122, to a federally licensed dealer, or to a federal, state or local historical society, museum or institutional collection open to the public, "without an annual limit on transfers."
Subsection (b) opens the person-to-person channel. Either transferor may transfer to a person with a license to carry under section 131, to an exempted person if permitted under section 129C, or to a person with a firearm identification card under section 129B. That channel is capped: "no more than 4 firearm transfers shall occur per calendar year". The FID clause carries its own condition, that for transfers and purchases of firearms outside the class of rifles and shotguns that are not large capacity or semiautomatic, the transferee must also hold a valid permit to purchase under section 131A. That permit, its proper-purpose standard, its ten-day validity and its $100 fee are covered in the permit basics section.
Subsection (c) names a different set of transferors on different terms: an heir or devisee upon the death of a firearm or ammunition owner, a person in the military, police officers and other peace officers, a veteran's organization and historical society, museums and institutional collections open to the public. Clause (i) lets them sell or transfer firearms and ammunition to a federally licensed firearms dealer, or to a federal, state or local historical society, museum or institutional collection open to the public, and states no annual limit. A person with a license to sell issued under section 122, whom subsection (a) names as a recipient, is not named in clause (i). Clause (ii) lets them "sell or transfer no more than 4 firearms and ammunition therefor per calendar year" to a person with a license to carry under section 131, an exempted person under section 129C, or a person with a firearm identification card under section 129B. Note the unit: subsection (b) caps firearm transfers, clause (c)(ii) caps firearms. Clause (ii) closes with the same section 131A condition, that for transfers and purchases of firearms outside the class of rifles and shotguns that are not large capacity or semi-automatic, the transferee shall have a valid permit to purchase under section 131A.
On the buying side, subsection (d) lets a section 131 license holder purchase or transfer firearms and ammunition from a dealer licensed under section 122 or from a person permitted to sell under section 128A. Subsection (e) gives the same authority to a person with a firearm identification card under section 129B "who is over 18 years of age", limited to rifles and shotguns that are not large capacity or semi-automatic and ammunition. Subsection (f) adds a narrow collector route: a bona fide collector of firearms, which section 121 defines as "a licensed collector pursuant to 18 U.S.C. section 923(b)", may buy from a section 122 dealer a curio or relic firearm as defined in section 121 that was not previously owned or registered in Massachusetts.
Subsection (g) routes all of it. Every purchase, sale or transfer of a firearm permitted under section 128A must, prior to or at the point of sale, be conducted through the electronic firearms registration system under section 121B. The seller submits identification information for both sides, the system reviews it and displays a message indicating whether the seller may proceed, and both parties get verification.
Section 128B, as replaced by SECTION 42, catches acquisitions outside those channels. A Massachusetts resident who obtains a firearm from any source inside or outside the commonwealth other than from a section 122 licensee or a person authorized to sell under section 128A, and a nonresident who does the same and receives the firearm within the commonwealth, must register the firearm and report the information required under sections 121B and 121C. A violation draws, for a first offense, a fine of not less than $500 nor more than $1,000, and for any subsequent offense, imprisonment in the state prison for not more than 10 years.
Section 128, first paragraph as replaced by SECTION 40, then sets the offense for selling outside the licensed channels. A person who, without being licensed under section 122 or exempt as provided under section 129C, sells, rents, leases or otherwise transfers a firearm, or is engaged in business as a gunsmith, shall be punished 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. The same paragraph reaches the licensed side: a person licensed under section 122 or 122B who sells or furnishes a firearm or ammunition to a person without a firearm license, card or permit loses the license, may not apply again for 10 years, and faces the same fine range along with imprisonment in a state prison for not more than 10 years or a house of correction for not more than 2 1/2 years, or both. That sentence does not end there. It closes with a proviso "that a valid permit to purchase issued under section 131A may permit certain firearm transfers to persons over 18 years of age", so a section 131A permit transaction is not what the offense is aimed at.
The surrender duty in section 129D(a) and the one-year right to transfer surrendered property are covered in the under-the-influence and use-of-force sections. Subsections (b) through (e) of section 129D, as replaced by SECTION 46, hold the storage and disposal machinery, and that is what this page adds. Subsection (f), which requires the licensing authority to report deliveries, surrenders and seizures made under sections 131R to 131Y to DCJIS, belongs to the extreme risk protection order machinery covered in the red flag section. Subsection (g) is a rulemaking grant to the secretary of the executive office of public safety and security.
Subsection (b) lets a licensing authority holding a firearm or ammunition transfer possession for storage to a federally licensed dealer operating a bonded warehouse on the licensed premises, but not where the property may be evidence in a pending criminal investigation. That dealer must inspect the property and issue the owner a receipt showing the make, model, caliber, serial number and condition of each item. The owner is liable to the dealer for reasonable storage charges.
Subsection (c) is the base disposal rule, and it is the one an owner should read first. Firearms and ammunition not disposed of within 1 year of delivery or surrender under section 129D are sold at public auction by the colonel of the state police to the highest bidding person legally permitted to purchase and possess them, and the proceeds are remitted to the General Fund.
Subsection (d) sets who may send stored property to that auction: the licensing authority at the expiration of 1 year following initial surrender or delivery, or the dealer then in possession if storage charges have been in arrears for 90 days. In either case title passes to the licensed dealer for the purpose of transferring ownership to the auctioneer. In either case, after deduction and payment for storage charges and all necessary costs, surplus proceeds go back to the owner immediately, which is the opposite of the General Fund rule in subsection (c). Property identified under section 131Q as having been used to carry out a criminal act, and property prohibited by law from being owned or possessed in Massachusetts, may not be auctioned under section 129D and must instead be destroyed by the colonel of the state police.
Subsection (e) reaches a narrower class of property. Unless otherwise required in chapter 140, if the licensing authority cannot reasonably ascertain a lawful owner within 180 days of acquisition by the licensing authority, it may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms dealers. Proceeds of that sale or transfer are remitted or credited to the municipality in which the licensing authority presides, to purchase firearms, equipment or supplies or for violence reduction or suicide prevention. A firearm or ammunition identified under section 131Q as having been used to carry out a criminal act is not surplus, donated, abandoned or junk for the purposes of section 129D.
Denials, revocations and suspensions of the carrier credentials are covered in the application process, renewal and permit basics sections. The application process section also carries the section 121F(l) rule that a licensing authority's only route to an unsuitability denial of a firearm identification card application is a petition to the district court, and it sets out the section 121F(v)(3) standard a district court applies on a petition for judicial review under section 121F(v)(2). What belongs here is the dealer's own track.
Section 121F(v)(1) is the dealer route, and by its terms it reaches only a license to sell under section 122 or section 122B. An applicant or licensee aggrieved by a denial, revocation or suspension of a license to sell under section 122 or section 122B may apply to the colonel of state police within 10 days, and the colonel may direct the licensing authority to grant the license if, after a hearing, the colonel determines that there were no reasonable grounds for the action and that the applicant is not barred by law from holding it. The alternative is a district court appeal under section 121F(v)(2), where the section 121F(v)(3) standard set out in the application process section governs.
Before any of that, section 121F(u)(1) puts a condition on the licensing authority itself: it "may revoke or suspend any license issued under sections 122 or 122B only after due notice to the licensee and reasonable opportunity to be heard." A firearm identification card is protected differently by the same subsection, through a mandatory petition to the district court, which the renewal section covers, and section 121F(u)(2) requires that any revocation or suspension of a card, permit or license issued under sections 122, 122B, 122D, 129B, 131 or 131F be in writing and state the reasons for it.
Section 121F(u)(2) also supplies the consequence that makes the dealer appeal worth taking. If a license to sell issued under section 122 or section 122B is revoked, the licensee is disqualified to receive a license for 1 year after the expiration of the term of the license so revoked. That is a different bar from the 10-year bar in section 128, which applies to a section 122 or 122B licensee who sells or furnishes a firearm or ammunition to a person without a firearm license, card or permit.
Section 129C's exemptions are read closely in the reciprocity, constitutional carry and duty to inform sections. One subsection is not discussed there, and it matters to boaters and to anyone using powder-actuated tools. Section 129C(h) provides that no license, permit or card under chapter 140 is required for a legal resident of the commonwealth over the age of 18 to carry or possess a firearm known as a detonator commonly used on vehicles as a signaling and marking device, and only when carried or possessed for those purposes, or any device used exclusively for signaling or distress use and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, or for the firing of stud cartridges, explosive rivets or similar industrial ammunition. The residency requirement, the age floor and the purpose limitation travel with it.
Section 121E imposes no obligation on a license holder. Subsection (a) directs DCJIS to collect, assemble and publish data relating to the use of firearms in Massachusetts, and subsection (b) requires state and local agencies to give timely access to requested information. Subsection (c) requires a public online dashboard of non-personally identifying data, updated at least quarterly, covering aggregate issuance and denial data under sections 129B, 131 and 131F plus aggregate data on firearm-involved violence.
St. 2024, c. 135, SECTION 59 provides that section 131E of chapter 140 "is hereby repealed", and the published text of section 131E now carries only the notation of that repeal. Section 131F was not conformed to it. Chapter 135 amended section 131F only in pieces, through SECTIONS 60, 61, 62 and 63, none of which touched the cross-reference, which is why the text still says a temporary license to carry "shall not be used to purchase firearms in the commonwealth as provided in section 131E." Read that cross-reference as pointing at a repealed provision. The same is true of section 131G, repealed by SECTION 64 while MGL c. 269, s. 10(a) still names it, which the constitutional carry and concealed carry sections cover.
Section 128 has the same problem inside itself. SECTION 40 struck and replaced only the first paragraph, so the second paragraph survives unamended: "Evidence that a person sold or attempted to sell a machine gun without being licensed under section one hundred and twenty-three shall, in a prosecution under this section, constitute prima facie evidence that such person is engaged in the business of selling machine guns." It still points at section 123 as the section a machine gun seller would be licensed under. Section 122 is the section under which a license to sell is granted, and section 123 sets the conditions that a person holding a section 122 license must meet. The replacement first paragraph carries a nearly identical prima facie sentence with no section number in it at all.
| Topic | Section of this guide |
|---|---|
| Eligibility, prohibited persons, section 121F | Application Process, Overview |
| The section 121F(l) FID unsuitability petition | Application Process, Renewal Process, Overview |
| The section 121F(v)(3) court standard | Application Process, Overview |
| The section 131A permit to purchase | Permit Basics, Fees and Costs |
| Registration and serialization, sections 121B and 121C | Restrictions, Storage |
| Assault-style firearms, feeding devices, machine guns | Restrictions, NFA Items |
| Surrender duty, section 129D(a) | Under the Influence, Use of Force |
| Extreme risk protection orders, section 129D(f) | Red Flag |
| Self-defense spray, section 122D | Use of Force, Permit Basics |
This page states what the cited statutes say. A court or licensing authority may apply them to your facts differently, so talk to a Massachusetts attorney before acting on it.
View this topic on its own page: Massachusetts Firearm Rules That the Other Sections Do Not Reach
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