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Municipal Regulatory Authority
Massachusetts grants regulatory authority to municipalities via the Home Rule Amendment ("Amendment"), Mass. Const. amend. art. II, §§ 1-9 (as amended by Mass. Const. amend. article LXXXIX).
The Amendment provides cities and towns with broad regulatory power:
It is the intention of this article to reaffirm the customary and traditional liberties of the people with respect to the conduct of their local government, and to grant and confirm 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.
Mass. Const. amend. art. II, § 1.
(Please note: the term "general court" in the Massachusetts Constitution and state statutes refers to the Massachusetts state legislature.)
The Amendment empowers cities and towns to enact local ordinances that do not conflict with the general laws of Massachusetts. Tri-Nel Mgmt., Inc. v. Board of Health of Barnstable, 741 N.E.2d 37, 43 (Mass. 2001). The Amendment does not, however, permit localities to criminalize behavior legalized by the legislature. American Motorcyclist Ass'n v. Park Comm'n of Brockton, 592 N.E.2d 1314 (Mass. 1992) (invalidating local regulation banning use of motorcycles because regulation inconsistent with statute giving persons the right to operate motor vehicle).
The substance of the Amendment is rooted in Mass. Const. amend. art. II, § 6:
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 [Const. amend. art. II, § 8], 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 [Const. amend. art. II, § 3].
Massachusetts General Laws ch. 43B, § 13, which defines the parameters of a municipality’s powers, is virtually identical in substance to Mass. Const. amend. art. II, § 6.
Under the Amendment, municipal actions are presumed valid, and municipalities may undertake any action that is not inconsistent with state law. Connors v. City of Boston, 714 N.E.2d 335 (Mass. 1999). The Massachusetts Supreme Judicial Court has set forth the following guidelines for determining whether a municipal ordinance is inconsistent with state law:
If there is an express legislative intent to forbid local activity on the same subject, state law preempts local law; If the local regulation would frustrate the purpose of the statute so as to warrant an inference that the Legislature intended to preempt the subject, state law preempts local law. Courts may infer that the Legislature intended to preempt the field of regulation if legislation on the subject is so comprehensive that any local enactment would frustrate the statute’s purpose; or State law preempts local law if there is a "sharp conflict" between the state legislation and the local law, which happens when the legislative intent to preclude local action is clear or the purpose of the statute cannot be achieved in the face of the local law.
Id. at 337-38.
In Town of Amherst v. Attorney General, 502 N.E.2d 128, 130 (Mass. 1986), the Massachusetts Supreme Judicial Court interpreted several provisions of Mass. Const. amend. art. II in the context of a firearms discharge by-law, holding that when a town exercises a right to govern locally, it "exceeds its power only when it passes a by-law inconsistent with the Constitution or laws of the Commonwealth" per Mass. Const. amend. art. II, § 6.
In Town of Amherst, the court found that a town by-law prohibiting the discharge of specified firearms within town limits under various circumstances was not inconsistent with state statutes regarding hunting and the safe use of firearms and was therefore valid. Town of Amherst, 502 N.E.2d at 131-32. The Massachusetts Attorney General had disapproved of the by-law on the basis that it constituted an undue restriction of firearm use in a rural town. Id. at 129.
The court disagreed, stating that the existence of state law addressing the same subject a local government seeks to regulate does not necessarily result in preemption of local authority. Rather, if the state’s "legislative purpose can be achieved in the face of a local [regulation]...on the same subject, the [local regulation] ... is not inconsistent with the State legislation." Id. at 130 (quoting Bloom v. Worcester, 363 Mass. 136, 156 (Mass 1973)). The court determined that the local law did not frustrate the purpose of state laws regarding hunting and therefore did not conflict with state substantive or procedural laws. Id. at 131.
Massachusetts Constitutional amendment art. II, § 7 limits cities and towns from exercising the authority granted in Mass. Const. amend. art. II, §§ 1 and 6 in specified areas unless such authority is granted by the general court as provided for in Mass. Const. amend. art. II, § 8. For example, municipalities are prohibited from providing "for the punishment of a felony or to impose imprisonment as a punishment for any violation of law." Mass. Const. amend. art. II, § 7(6). In addition, Mass. Const. amend. art. II, § 7(2) prohibits cities and towns from levying, assessing or collecting taxes.
A city or town may petition the state to enact special legislation pertaining only to that city or town pursuant to Mass. Const. amend. art. II, § 8. Boston’s assault weapon ban is an example of regulation that was enacted through this process. 1989 Mass. Acts 596, §§ 1-7.
Finally, under the Amendment, municipalities generally are no longer required to seek authority from the state legislature to impose controls relative to zoning. Baldiga v. Board of Appeals of Uxbridge, 482 N.E.2d 809, 812 n.5 (Mass. 1985). Chapter 40A expressly recognizes local autonomy in dealing with land use and zoning issues. Id. at 812, Zoning Bd. of Appeals of Wellesley v. Ardemore Apts. L.P., 767 N.E.2d 584, 593 n.22 (Mass. 2002).
Towns in Massachusetts may, under ch. 40, § 21, "make such ordinances and by-laws, not repugnant to law, as they may judge most conducive to their welfare, which shall be binding upon all inhabitants thereof and all persons within their limits." Specifically, towns may enact ordinances and by-laws "[f]or directing and managing their prudential affairs, preserving peace and good order, and maintaining their internal police." Ch. 40, § 21(1). See Brown v. Town of Carlisle, 142 N.E.2d. 891 (Mass. 1957) (holding that ch. 40, § 21(1) permits a local jurisdiction to prohibit the discharge of a firearm on any private property except with the permission of the land owner or legal occupant of the land).
County Regulatory Authority
Although the Massachusetts Constitution does not grant any explicit power to counties, those counties adopting a charter under ch. 34A, § 15 have the power to "[a]dopt, amend, enforce, and repeal ordinances and resolutions notwithstanding the effect of any referendum conducted prior to the county’s adoption of its charter pursuant to" Chapter 34A. Ch. 34A, § 16(A)(ii). With respect to regulations for the general health, safety and welfare, however, "[c]ities and towns are and shall remain the broad repository of local police power in terms of the right and power to legislate" in these areas. Ch. 34A, § 16(B).
Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No person in Massachusetts may sell, offer for sale, transfer or possess an assault weapon (or large capacity feeding device, see the Massachusetts Large Capacity Ammunition Magazines section) that was not otherwise lawfully possessed on September 13, 1994. Ch. 140, § 131M. Firearms dealers are also specifically prohibited from selling, leasing, renting, transferring, delivering, or offering for sale, lease, rent, transfer or delivery, any assault weapon or large capacity feeding device not otherwise lawfully possessed on September 13, 1994. Ch. 140, § 123 (Sixteenth).
Massachusetts defines "assault weapon" by referring to the definition of semi-automatic assault weapon contained in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. § 921(a)(30), as it appeared on September 13, 1994 (that federal statute expired on September 13, 2004). Mass. Gen. Laws ch. 140, § 121. The definition includes a list of named weapons and copies of those weapons; semi-automatic rifles and pistols that have the ability to accept a detachable magazine and have at least two specified characteristics; and semi-automatic shotguns that have at least two specified characteristics.
The Massachusetts Secretary of Public Safety ("Secretary") is required to compile and publish a roster of firearms and feeding devices that he or she determines meet the definitions of those terms in ch. 140, § 121. Ch. 140, § 131.75. The Secretary may amend the roster upon his or her own initiative, upon the initiative of the Gun Control Advisory Board, or upon the petition of any person seeking to place a weapon on or remove a weapon from the roster. Ch. 140, §§ 131.5, 131.75. Weapons and feeding devices not included on the roster may still qualify as large capacity firearms or feeding devices if they fit the definitions contained in ch. 140, § 121.
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Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.
In Massachusetts, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Massachusetts has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Limited private sales (sales not conducted by a licensed dealer or law enforcement agency) are permitted, and are not processed through the FBI.
Firearm Identification card
A Firearm Identification Card (FID) enables the holder to possess only rifles and shotguns that are not considered "large capacity" weapons. Ch. 140, § 129B(6). "Large capacity" weapons include assault weapons and most firearms capable of holding more than 10 rounds of ammunition or more than five shotgun shells (either directly, or via a large capacity feeding device). Ch. 140, § 121.
A FID holder may also purchase rifles, shotguns and feeding devices for long guns that are not "large capacity" weapons. Ch. 140, § 131E. In order to purchase a handgun or handgun feeding device (or short-barreled shotgun or rifle), the FID holder must also obtain a "permit to purchase, rent or lease" (see below). Ch. 140, § 131E(b).
Class A and B licenses
A Class A license allows the licensee to purchase, rent, lease, borrow, possess and carry all types of lawful firearms, including both large and non-large capacity handguns, rifles, shotguns, and feeding devices and ammunition for these firearms. Ch. 140, § 131(a). A Class B license is more limited, allowing the licensee to purchase, rent, lease, borrow, possess and carry "non-large capacity" handguns, or any rifle or shotgun, including large capacity rifles and shotguns, and feeding devices and ammunition for these firearms. Ch. 140, § 131(b). Unlike FID holders, Class A and B licensees may purchase handguns and short-barreled firearms without obtaining a permit to purchase, rent or lease (see below). Class B licensees may not carry a concealed, loaded firearm in any public way or place. Id. State law does not appear to limit the number of firearms a Class A or B licensee may purchase or possess. For detailed information on Class A and Class B licenses, please see the Massachusetts Carrying Firearms section.
Permit to Purchase, Rent or Lease
A permit to purchase, rent or lease a handgun or short-barreled firearm is issued at the discretion of the licensing authority for "a proper purpose," is valid for not more than ten days after issue, and can be revoked at any time. Ch. 140, § 131A. The licensing authority may restrict the caliber and capacity of the handgun or short-barreled firearm that may be purchased, rented or leased with the license. Id. The licensing authority must send a copy of each issued permit to the executive director of the "criminal history systems board" within one week. Id. The fee for a permit is $100. Id.
Process for Obtaining FIDs and Class A and B licenses
Pursuant to ch. 140, §§ 129B(1), and 131(d), a FID shall be issued, and a Class A or B license may be issued, unless the applicant:
Has been convicted of (or adjudicated as a youthful offender or delinquent child for the commission of) a:
Felony; Misdemeanor punishable by imprisonment for more than two years; Violent crime as defined in Ch. 140, § 121; Violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or - Violation of any law regulating the use, possession or sale of controlled substances.
Has been confined to any hospital or institution for mental illness, unless the applicant submits a physician’s affidavit attesting that he or she is familiar with the applicant and that the applicant is not disabled by such an illness in a manner that would prevent him or her from possessing a firearm; Is or has been under treatment or confinement for drug addiction or habitual drunkenness unless the applicant is deemed to be cured of such condition by a licensed physician, in which case he or she may make application for a FID or a Class A or B license after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by the physician to the effect that the physician knows the applicant’s history of treatment and that in the physician’s opinion the applicant is deemed cured; Is an alien; Is currently subject to orders for suspension or surrender of firearms because of domestic abuse, or permanent or temporary protection orders; or Is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
The licensing authority may issue a Class A or B license if "it appears that the applicant is a suitable person to be issued such license..." Ch. 140, § 131(d).
In addition to the prohibitions listed above, no person under age 15 may be issued a FID, and no one age 15 but less than age 18 may obtain a FID without the permission of his or her parent or guardian. Ch. 140, § 129B(1)(v), (vi). Applicants for a Class A or B license must be at least 21 years of age. Ch. 140, § 131(d)(iv).
In the application process for either a FID or a Class A or B license, the licensing authority must forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police ("colonel") who must, within 30 days, advise the licensing authority, in writing, of any disqualifying criminal record, and whether there is reason to believe that the applicant is otherwise disqualified from possessing a FID or either license. Ch. 140, §§ 129B(2), 131(e). The colonel shall utilize files maintained by the department of mental health, the department of probation "and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to," NICS. Id. The licensing authority has 40 days from the date an application is submitted to approve or deny the application for a Class A or B license or a FID. Ch. 140, §§ 129B(2), (3), 131(e).
In the case of a Class A or B license, ch. 140, § 131(e) adds that:
The licensing authority may also make inquiries concerning the applicant to: (i) the executive director of the criminal history systems board relative to any disqualifying condition and records of purchases, sales, rentals, leases and transfers of weapons or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.
Massachusetts law also prohibits any person from using a FID or Class A or B license for the purpose of purchasing a firearm for the unlawful use of another, or for resale of a firearm, or giving a firearm to, an unlicensed person. Ch. 140, § 131E(b).
A FID is generally valid for six years from the date of issue. Ch. 140, § 129B(9). The nonrefundable application fee for a FID is $100. Ch. 140, § 129B(9A), (9B). For more information regarding FID cards, see the Massachusetts Criminal History Systems Board Notice.
A Class A or B license shall be valid not more than six years from the date of issue. Ch. 140, § 131(i).
For additional information relevant to background checks, please see the Massachusetts Licensing of Gun Purchasers/Owners section.
Please note that Massachusetts uses the term "firearm" to refer to pistols, revolvers and other concealable firearms with barrels under a certain length. Ch. 140, § 121. This summary uses the term "firearms" more broadly, encompassing handguns, rifles, shotguns, and all other classes of firearms.
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No relevant statutes currently exist.
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Possession Restrictions
Subject to limited exceptions, no person may possess any firearm or ammunition unless he or she has a valid Class A or Class B license to carry or a Firearm Identification Card (FID). Mass. Gen. Laws Ch. 140, § 129C. See the Massachusetts Background Checks and the Concealed Weapons Licensing Requirements subsection of the Massachusetts Carrying Firearms section, below. Massachusetts law does not specifically address the ability of Class A or B licensees or FID holders to openly carry firearms.
Massachusetts prohibits the possession of a loaded rifle or shotgun on any public way, regardless of whether the possessor has a FID or Class A or B license to carry. Ch. 269, § 12D. Exceptions exist for hunting purposes. Id. Unloaded rifles or shotguns may be carried on a public way so long as they are enclosed in a case. Id. For information on the carrying of firearms for hunting, see Ch. 131, §§ 11, 14, 70.
License or FID holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
A person possessing a Class A license to carry may carry a loaded handgun or short-barreled firearm in a vehicle only if the weapon is under his or her direct control. Ch. 140, § 131C(a). Similarly, a person possessing a Class B license may carry a handgun or short-barreled firearm in a vehicle only if the weapon is unloaded and contained within the locked trunk of the vehicle, or in a locked case or other secure container. Ch. 140, § 131C(b).
Class A or Class B license holders may possess a large capacity rifle or shotgun in a vehicle only if the weapon is unloaded and contained within the locked trunk or in a locked case or other secure container. Ch. 140, § 131C(c).
Massachusetts generally prohibits the carrying of a firearm in or on a snow vehicle or recreation vehicle, or on a trailer or sled attached to such vehicle, unless the firearm is unloaded and in an enclosed case. Ch. 90B, § 26.
Finally, ch. 269, § 10 criminalizes the knowing possession of a firearm, or the knowing control of a firearm in a vehicle, whether loaded or unloaded, unless the possessor is at his or her residence or place of business or possesses the proper card or license for the firearm possessed.
Concealed Weapons Licensing Requirements
Massachusetts is a "may-issue" state for the issuance of Class A or Class B licenses to carry firearms, meaning that the local licensing authority has discretion in determining whether or not to issue either license type to an applicant.
Pursuant to ch. 140, § 131(d), any person residing or having a place of business within the jurisdiction of a particular 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 or the colonel of state police an application for a Class A or Class B license to carry firearms. The licensing authority or colonel may issue the license "if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only," unless the applicant falls into a statutorily defined prohibited class. Id. See the Massachusetts Background Checks section.
A Class A license entitles the possessor to purchase, possess, rent, borrow, lease and carry all types of lawful firearms, including large capacity firearms, and feeding devices and ammunition for these firearms. Ch. 140, § 131(a). A licensing authority may impose further restrictions it deems proper on the licensee regarding the possession or use of large capacity rifles or shotguns. Ch. 140, § 131(a), (b).
A Class B license allows the holder to purchase, possess, rent, borrow, lease, and carry non-large capacity handguns, or any rifle or shotgun, including large capacity rifles and shotguns, and feeding devices and ammunition for these firearms. Ch. 140, § 131(b). Class B license holders cannot carry a concealed, loaded firearm in any public way or place. Id. The licensing authority may impose additional restrictions on the possession or use of these firearms as it deems appropriate. Id.
The licensing authority has 40 days from the date an application is submitted to approve or deny the application for a Class A or B license. Ch. 140, § 131(e). The nonrefundable application fee for either license is $100. Ch. 140, §§ 129B(9A), 131(i).
Persons applying for a Class A or B license to carry and who were not in possession of a FID or either license type prior to June 1, 1998 must submit a basic firearms safety certificate ("BFSC") to the licensing authority. Ch. 140, § 131P(a). No application for the issuance of a Class A or B license will be accepted or processed by the licensing authority without this certificate. Id. To obtain a BFSC, an applicant must successfully complete a basic firearms safety course, per the regulations detailed under 515 Mass. Code Regs. 3.01 et seq.
A Class A or B license will be revoked or suspended by the licensing authority upon the occurrence of any event that would have disqualified the holder from being issued the license, or if it appears to the licensing authority that the holder is no longer a suitable person to possess the license. Ch. 140, § 131(f). Applicants whose licenses have been revoked or suspended must surrender their license to the licensing authority, and must surrender their firearms. Ch. 140, §§ 129D, 131(f). Individuals who possess firearms without the proper card or license for the firearm possessed may face fines and prison time. See Ch. 269, § 10.
Disclosure or Use of Information
Names and addresses are exempt from the definition of "public records" under ch. 4, § 7 (Twenty-sixth)(j) if they:
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Are contained in or referred to on an application for a Class A or B license;
Appear on sale or transfer forms for any handguns, rifles, shotguns, or machine guns or ammunition; or Appear on an actual Class A or B license.
Under ch. 6, § 168B, the executive director of the criminal history systems board is required to promulgate rules and regulations "to ensure the prompt collection, exchange, dissemination and distribution of firearms record information..."
Duration & Renewal
Once issued, a Class A or B license will be valid for up to six years from the date of issue. Ch. 140, § 131(i).
Location Limits
Massachusetts prohibits the possession of a loaded or unloaded firearm in any building on or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of the elementary or secondary school, college or university, regardless of whether a possessor has a valid FID or Class A or B license to carry. Ch. 269, § 10(j). "Firearm" in this instance is defined as "any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means." Id.
It is also unlawful to occupy or attempt to enter or occupy a secure area of an airport or cabin of an airplane knowingly in possession of a firearm, notwithstanding any license to possess the firearm. Ch. 269, § 12F(b).
License and FID holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.
Reciprocity
A non-resident may carry a pistol or revolver in the state when engaging in a firearm competition, while attending any meeting or exhibition of any organized group of firearm collectors, or for the purpose of hunting, if he or she:
Is a resident of the United States; and Has a permit or license to carry firearms issued under the laws of any state or local jurisdiction having regulations that prohibit the issuance of permits or licenses to persons who have been convicted of a felony or of the unlawful use, possession or sale of narcotic or harmful drugs; or For a hunter traveling in or through Massachusetts, possesses a hunting or sporting license issued by Massachusetts or the state of his or her destination.
Ch. 140, § 131G.
Brady Exemption
Class A and B license holders, as well as FID holders, are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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Massachusetts General Laws ch. 140, § 131L(a) prohibits the storage or keeping of any firearm in any place unless the gun is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device and properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. These firearms will not be classified as "stored" or "kept" under Massachusetts law if they are under the control of the owner or other lawfully authorized user. Id. If a lawful owner or user keeps or stores non-large capacity rifles or shotguns in a place where a person under age 18 who does not possess a valid firearm identification card may gain access to the firearm without committing an unforeseeable trespass, that owner or authorized user will be punished by 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. Ch. 140, § 131L(c).
Furthermore, a lawful owner or user who keeps or stores a rifle or shotgun that is a large capacity weapon, a handgun, or a machine gun in a place where a person under age 18 may gain access to the firearm without committing an unforeseeable trespass will be punished by a fine of not less than $5,000 nor more than $10,000, or by imprisonment for not less than two and one-half years, nor more than ten years, or by both such fine and imprisonment. Ch. 140, § 131L(d).
For additional laws related to safely securing and storing firearms, please see the Massachusetts Locking Devices section.
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Any person who sells, rents, or leases a firearm without possessing a Massachusetts firearms dealer license is criminally liable for a felony. Mass. Gen. Laws ch. 140, §§ 122, 128. This prohibition does not apply to an unlicensed person who transfers a firearm to a state or federally licensed dealer or to a historical society, museum or institutional collection that is open to the public. Ch. 140, § 128A. It also excludes unlicensed Massachusetts residents who transfer "not more than four" firearms in any one calendar year, so long as both the buyer and the seller have the proper cards, permits or licenses to possess or purchase firearms, and the seller reports the sale to the state. Id.
Pursuant to ch. 140, § 122, a city or town police department ("licensing authority") may, after an investigation into the criminal history of the applicant, grant a firearms dealer license to any person except:
An alien; A minor (under 18 years of age). (Note, however, that the licensing authority requests an applicant’s Federal Firearms License (FFL) during the background investigation of an applicant for a state license, and federal law requires that an applicant for a FFL be at least 21 years of age, per 18 U.S.C. § 923(d)(1)(A))); A person who has been adjudicated a "youthful offender" (see ch. 119, § 52), including those who have not received an adult sentence; or A person who has been convicted of a felony, or of the unlawful use, possession or sale of narcotic or harmful drugs.
Every license must specify the street and number of the building where the business will be located. Ch. 140, § 122. A firearms dealer’s business must not be located in a residence or dwelling and must be in the location identified on the license. Ch. 140, §§ 122, 123 (First, Fifteenth). The licensing authority is required to submit one copy of an applicant’s fingerprints to the department of state police, who must, within a reasonable period of time, advise the licensing authority in writing of any criminal record of the applicant. Ch. 140, § 122. The licensing authority must also send a copy of the application to the executive director of the criminal history systems board. Id. The dealer license application fee is $100. Id.
Under federal law, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. Massachusetts also requires that dealers verify the validity of a potential transferee’s license prior to transferring a firearm. Ch. 140, § 123 (Thirteenth). For licenses issued via the Massachusetts Instant Record Check System (MIRCS), the dealer must electronically submit the:
Transferee’s license number; Licensing authority that issued the license; Type of firearm being purchased; and Whether or not the firearm is a large capacity weapon.
803 Mass. Code Regs. 10.06(1)(a).
The dealer must then verify the transferee’s identity and validity of his or her license by scanning the fingerprint or entering the personal identification number contained on the license. 803 Mass. Code Regs. 10.06(1)(c). For licenses issued prior to the existence of MIRCS, the dealer must visually inspect the license. 803 Mass. Code Regs. 10.06(2)(a). In either case, if the license presented is expired, suspended or revoked, the dealer must notify the licensing authority and may take possession of it (in the latter case, the dealer must provide the holder with a receipt for the FID, permit or license, notify the holder of the need to renew the FID, permit or license, and forward it to the licensing authority. Ch. 140, § 123 (Thirteenth).
For every transfer, dealers must also make an entry in a sales record book specifying: 1) the complete description of the firearm, including the make, serial number (if any), type, and designation as a large capacity weapon, if applicable; 2) whether it was sold, rented or leased; 3) the date of transfer; and 4) the gender, residence and occupation of the transferee. Ch. 140, § 123 (Second). Before delivering the firearm, the dealer must ensure that the transferee writes his or her full name in the sales record book. Id. In the case of a handgun, the dealer must also document the license to carry number or the permit to purchase, rent or lease number, along with the firearm identification card ("FID") number. Id. In the case of a rifle or shotgun, the dealer must include either the FID or license to carry number. Id. This information must also be entered into MIRCS. 803 Mass. Code Regs. 10.06.
The licensing authority is required to conduct, and a dealer must submit
to, one mandatory records and inventory inspection per year and a dealer’s
records must be open to inspection by law enforcement "at all times." Ch. 140, § 123 (Second).
A firearms dealer must not display any firearm in any outer window or in any place where it can be readily seen from the outside. Ch. 140, § 123 (Fourth).
Any dealer who loses a firearm or has a firearm stolen must report the loss or theft "forthwith" to the licensing authority and the executive director of the criminal history systems board. Ch. 140, § 123 (Seventeenth). The report must include a complete description of the weapon, including the make, model, serial number, caliber and whether such weapon is a "large capacity weapon." Id. ("large capacity" includes assault weapons and most firearms capable of holding more than 10 rounds of ammunition or more than five shotgun shells (either directly, or via a large capacity feeding device) Ch. 140, §§ 121, 129B(6).)
Any firearms dealer or any employee or agent of the dealer, who violates any of the provisions expressed in the Second, Fourth, Sixth, Seventh, Eighth, Ninth, Sixteenth, Eighteenth, Nineteenth, Twentieth or Twenty-first conditions under Ch. 140, § 123 may be subject to a fine of not less than $1,000 nor more than $10,000, or to imprisonment for not less than one year nor more than ten years, or to both the fine and imprisonment. Ch. 140, § 128.
Any person selling or furnishing a rifle, shotgun, machine gun or ammunition to any person under age 18 is criminally liable for a felony, as is any person selling or furnishing a handgun or large capacity rifle or shotgun or ammunition for those firearms to anyone under age 21. Ch. 140, § 130. Any person convicted under this section is subject to a fine of not less than $1,000 nor more than $10,000, or to imprisonment in a state prison for not more than ten years or to imprisonment in a house of correction for not more than two and one-half years, or to both such fine and imprisonment. Id.
Any person selling firearm ammunition in Massachusetts must possess a license to do so. Ch. 140, § 122B. This license—distinct from a firearms dealer license—is subject to the same basic conditions as the dealer license, and the fee for an application for such a license is $100. Id. Once issued, both license types expire three years from the date of issuance. Ch. 140, § 124.
For further information on firearm-related sales restrictions for safety purposes, please see the Code of Massachusetts Regulations pertaining to handgun sales, 940 Mass. Code Regs. 16.00, et seq and the Massachusetts Junk Guns/Saturday Night Specials section.
For additional information related to these topics, please see the Massachusetts Licensing of Gun Purchasers/Owners and Massachusetts Registration of Guns sections.
Number of Federally Licensed Firearms Dealers
There are 475 federally licensed firearms dealers and pawnbrokers in Massachusetts. Federal firearms licensee totals for Massachusetts as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
For laws applicable to both licensed and private firearm sellers, please see the Massachusetts Private/Secondary Sales section.
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A licensed firearms dealer in Massachusetts is permitted to sell or transfer firearms and ammunition at a gun show open to the general public, as long as the dealer complies with the licensed dealer conditions in Mass. Gen. Laws ch. 140, § 123 and ensures that such sales or transfers are in conformity with federal and state law, including the restrictions imposed upon firearm identification cards issued under ch. 140, § 129B, licenses to carry firearms issued under ch. 140, § 131 and permits to purchase, rent or lease firearms issued under ch. 140, §§ 123 and 131A.
Unlicensed sellers may transfer "not more than four" firearms in any one calendar year, so long as both the buyer and the seller have the proper cards, permits or licenses to possess or purchase the types of firearms being transferred, and the seller reports the sale to the state, as required by law. Ch. 140, § 128A.
See the Massachusetts Private/Secondary Sales section for state laws that apply at gun shows.
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No relevant statutes currently exist. See the Massachusetts Locking Devices section for information on the liability of manufacturers, importers and sellers of handguns or large capacity weapons that do not include or incorporate safety devices.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Massachusetts Gen. Laws ch. 140, § 123 (clauses Eighteenth, Nineteenth, Twentieth and Twenty-first) generally prohibits licensed firearms dealers from transferring any handgun that does not meet detailed safety standards. Dealers may sell at retail only "approved firearms" – handguns with a make and model approved for sale by the Secretary of Public Safety ("Secretary"). 501 Mass. Code Regs. 7.02. These handguns meet or exceed the testing criteria outlined in ch. 140, § 123 (Eighteenth, Nineteenth, Twentieth, and Twenty-First), as determined by independent firearm testing laboratories approved by the Secretary. 501 Mass. Code Regs. 7.02. Approved firearms are added to the Massachusetts Approved Firearms Roster ("Roster").
Pursuant to ch. 140, § 123 (Eighteenth, Nineteenth, Twentieth, and Twenty-First) an approved testing laboratory must determine whether a handgun:
Has "a frame, barrel, cylinder, slide or breechblock that is composed of: 1) any metal having a melting point of less than 900 degrees Fahrenheit; 2) any metal having an ultimate tensile strength of less than 55,000 pounds per square inch; or 3) any powdered metal having a density of less than 7.5 grams per cubic centimeter." This requirement does not apply to any make and model of handgun that passes, in new condition, specific firing tests outlined in ch. 140, § 123 (Eighteenth); Is prone to accidental discharge as measured by drop testing (ch. 140, § 123 (Nineteenth)); Is prone to: 1) firing more than once per pull of the trigger; or 2) exploding during firing (ch. 140, § 123 (Twentieth)); and Has a barrel less than three inches in length; however, this restriction does not apply if the dealer discloses to the prospective purchaser in writing, prior to the transaction, the limitations of the accuracy of the particular make and model. To this end, the dealer must disclose the make and model’s average group diameter test result (meaning the average of three tests using three sample firearms, with each firearm firing five rounds at a target from a set distance and measuring and recording the largest spread in inches between the centers of any of the holes made in the test targets) at seven yards, 14 yards and 21 yards (ch. 140, § 123 (Twenty-First)).
The provisions under ch. 140, § 123 (Eighteenth, Nineteenth, Twentieth, and Twenty-First) shall not apply to: 1) any handgun lawfully owned or possessed under a license issued under Chapter 140 on or before October 21, 1998; or 2) any handgun designated by the Secretary as a handgun solely designed and sold for formal target shooting competition, with the advice of the state gun control advisory board. Ch. 140, § 123.
Any person may petition the Secretary to place a handgun on or remove a handgun from the Roster, but must do so within 90 days of the Secretary’s original decision denying or approving the gun for inclusion on the Roster. 501 Mass. Code Regs. 7.06(1).
Massachusetts, through the initiative of its Attorney General, was the first state to utilize statutory powers under the state’s consumer protection laws to implement gun safety regulations. Under Chapter 93A, the statutory scheme governing the "Regulation of Business Practices for Consumers’ Protection," the Attorney General sought to stem the sale and use of "junk guns" and create safety standards for all handguns sold in Massachusetts. These powers can be used for many firearms safety purposes, including requiring personalized handgun technology and eliminating deceptive firearm advertising, and can be done without the need to pass additional federal or state legislation. For regulations relevant to the sale of handguns made from "inferior materials," placement of serial numbers on handguns, and for safety device criteria, see 940 Mass. Code Regs. 16.03, 16.04, 16.05, 16.07.
For details on the authority of the Massachusetts Attorney General to regulate junk guns, as well as promulgate other firearms safety standards, see the report "Targeting Safety," by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence).
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Massachusetts prohibits the sale, offering for sale, transfer or possession of a large capacity feeding device (as defined under Mass. Gen. Laws ch. 140, § 121) unless such device was lawfully possessed on September 13, 1994. Ch. 140, § 131M.
Under Massachusetts law, a "large capacity feeding device" is defined as: "(i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. § 921(a)(31) as appearing in such section on September 13, 1994." Ch. 140, § 121. This does not include "an attached tubular device designed to accept, and capable of operating only with, .22 caliber ammunition." Id.
The Massachusetts Secretary of Public Safety ("Secretary") is required to compile and publish a roster of firearms and feeding devices that he or she determines meet the definitions of those terms under ch. 140, § 121. Ch. 140, § 131.75. The Secretary may amend the roster upon his or her own initiative, upon the initiative of the Gun Control Advisory Board, or upon the petition of any person seeking to place a weapon on or remove a weapon from the roster. Ch. 140, §§ 131.5, 131.75. Weapons and feeding devices not included on the roster may still be considered large capacity firearms or feeding devices if they fit the definitions contained in ch. 140, §121.
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There are three types of licenses for gun purchasers and owners in
Massachusetts: the Firearm Identification or FID card, the Class A
license, and the Class B license. Each entitles the holder to different
privileges, described below.
Firearm Identification card
A FID enables the holder to possess only rifles and shotguns that are not considered "large capacity" weapons. Mass. Gen. Laws ch. 140, § 129B(6). "Large capacity weapon" includes assault weapons and most firearms capable of holding more than 10 rounds of ammunition or more than five shotgun shells (either directly, or via a large capacity feeding device). Ch. 140, § 121.
A FID holder may also purchase rifles, shotguns and feeding devices for long guns that are not "large capacity" weapons. Ch. 140, § 131E. In order to purchase a handgun or handgun feeding device (or short-barreled shotgun or rifle), the FID holder must also obtain a "permit to purchase, rent or lease." Ch. 140, § 131E(b). A permit to purchase, rent or lease a handgun or short-barreled firearm is issued at the discretion of the licensing authority for "a proper purpose," is valid for only 10 days, and can be revoked at any time. Ch. 140, § 131A. The licensing authority may restrict the caliber and capacity of the firearm that may be purchased, rented or leased with the license. The licensing authority must send a copy of each issued permit to the executive director of the "criminal history systems board" within one week. Id.
Class A and B Licenses
A Class A license allows the licensee to purchase, rent, lease, borrow, possess and carry all types of lawful firearms, including both large and non-large capacity handguns, rifles, shotguns, and feeding devices and ammunition for these firearms. Ch. 140, § 131(a). A Class B license is more limited, allowing the licensee to purchase, rent, lease, borrow, possess and carry "non-large capacity" handguns, or any rifle or shotgun, including large capacity rifles and shotguns, and feeding devices and ammunition for these firearms. Ch. 140, § 131(b). Unlike FID holders, Class A and B licensees may purchase handguns and short-barreled firearms without obtaining a permit to purchase, rent or lease. Class B licensees cannot carry a concealed, loaded firearm in any public way or place. Id. State law does not appear to limit the number of firearms a Class A or B licensee may purchase or possess. For detailed information on Class A and Class B licenses, please see the Massachusetts Carrying Firearms section.
Any person residing or having a place of business within the jurisdiction of a city or town police department ("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 FID or a Class A or B license to carry firearms. Ch. 140, §§ 129B(1), 131(d).
When a firearms dealer transfers a handgun to a person holding a permit to purchase, rent or lease, the dealer is required to write on the permit the date and place of the transfer, and transmit the permit to the executive director of the criminal history systems board. Ch. 140, § 123 (Ninth). Permits to purchase, rent or lease handguns will be valid for no more than ten days after issuance, and a copy of every permit issued must be sent to the executive director by the licensing authority within one week. Ch. 140, § 131A. The licensing authority may impose restrictions relative to the caliber and capacity of the firearm to be purchased, rented or leased as it deems proper. Id. The nonrefundable application fee for such permits is $100. Id.
See the Massachusetts Background Checks section for additional information on the FID and permits to purchase, rent or lease handguns.
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Pursuant to Massachusetts General Laws ch. 140, § 131L(a), it is unlawful to store or keep any firearm:
[U]nless such weapon 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 weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
Firearms dealers must conspicuously post at each purchase counter the following warning in bold type of not less than one inch in height: "IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER." Ch. 140, § 123 (Fourteenth). Dealers must also provide the warning in writing to the transferee of any firearm in bold type not less than one-quarter inch in height. Id.
Any handgun or large capacity weapon sold in Massachusetts without a safety device designed to prevent discharge by unauthorized users shall be considered defective and the sale of such a weapon shall constitute a breach of warranty and an unfair or deceptive trade act or practice. Ch. 140, § 131K. Click here for a list of devices that the Department of State Police has approved as complying with Ch. 140, § 131K.
In addition, Massachusetts deems unfair or deceptive the transfer or offer to transfer of any handgun that does not contain a mechanism which precludes an average five year old child from operating a handgun when it is ready to fire. 940 Mass. Code Regs. 16.05. Such mechanism may include, but is not limited to, a raised trigger resistance, alteration of the firing mechanism so that a child’s hands are too small to operate it, or the requirement of multiple motions in order to fire the weapon. Id. It is also an unfair or deceptive trade practice to transfer or offer to transfer a handgun that does not contain a load indicator or magazine safety disconnect. Id.
Please see 940 Mass. Code Regs. 16.05, 16.06 and 16.07 for additional handgun locking device requirements.
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Generally, no one under 18 years of age may purchase a firearm or ammunition, and no one under 21 years of age may purchase a handgun, large capacity weapon or large capacity feeding device. Mass. Gen. Laws ch. 140, §§ 130, 131E(a). See exceptions below for FID holders.
Any person selling or furnishing a rifle, shotgun, machine gun or ammunition to any person under age 18 is criminally liable for a felony, as is any person selling or furnishing a handgun or large capacity rifle or shotgun or ammunition for those firearms to anyone under age 21. Ch. 140, § 130.
Persons "more than 15 but less than 18 years of age" may apply for a FID if the applicant submits a certificate from his or her parent or guardian granting the applicant permission to apply for a FID. Ch. 140, § 129B(1)(vi). This exception allows persons 16 years of age and older to possess rifles and shotguns. Id. In addition, any person under the age of 15 may use a rifle or shotgun for hunting or target shooting, provided that such use is otherwise permitted by law and is under the immediate supervision of a person holding a FID or a license to carry firearms, or who is a duly commissioned member of the military while in the performance of his or her duty. Ch. 140, § 129C(k). No hunting or sporting license may be granted to a minor under age 15. Ch. 131, § 14.
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No relevant statutes currently exist.
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Massachusetts law refers to "smart gun"-type technology in provisions relating to the sale of firearms without safety devices, but state law does not specifically mandate the use of such technology. Massachusetts General Laws ch. 140, § 131K deems the sale of handguns and large capacity weapons without safety devices — including "smart gun" technology — an unfair or deceptive trade act or practice and declares such firearms defective. Id. For further information, please see the Massachusetts Locking Devices section.
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Any person who transfers a firearm without possessing a Massachusetts firearms dealer license is criminally liable for a felony. Mass. Gen. Laws ch. 140, §§ 122, 128. This prohibition does not apply to an unlicensed person who transfers a firearm to a state or federally licensed dealer or to a historical society, museum or institutional collection that is open to the public. Ch. 140, § 128A.
State law also exempts from this general prohibition unlicensed persons who transfer "not more than four" firearms in any one calendar year, so long as both the buyer and the seller have the proper cards, permits or licenses to purchase or possess the firearms being transferred, and the seller reports the sale to the state, as required by law. Id. For further information, please see the Massachusetts Background Checks, Massachusetts Dealer Regulations and Massachusetts Licensing of Gun Purchasers/Owners sections.
Whenever a private seller (non-firearms dealer) sells or transfers a firearm, he or she must submit a written report within seven days to the executive director of the criminal history systems board. Ch. 140, § 128A. The report must include the names and addresses of the seller and the purchaser of any firearm or large capacity feeding device, with a complete description of the firearm, including its designation as a large capacity weapon, if applicable, the caliber, make and serial number of the item, and the appropriate license, permit or card number(s) of the buyer. Id. Purchasers of firearms from private sellers are also required to submit this same information to the executive director of the criminal history systems board (although they do not have to provide their license, permit or card numbers), independent of the seller. Mass. Gen. Laws Ch. 140, § 128B.
With certain exceptions (including for persons who transfer fewer than five handguns a year) 940 Mass. Code Regs. 16.02(1) deems it an unfair or deceptive practice to transfer a handgun while failing to comply with any local, state or federal law or regulation intended to protect consumers from unfair and deceptive practices, such as laws or regulations that:
Forbid sale to juveniles, addicts or the mentally incompetent; Require sellers to keep handgun sales records; Forbid sellers from delivering or transporting loaded handguns; or Forbid the delivery of handguns to minors.
In addition, it is generally an unfair or deceptive practice for a handgun seller to make a material misrepresentation or false certification regarding a handgun offered for transfer. 940 Mass. Code Regs. 16.02(2).
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In Massachusetts, firearms dealers must submit electronically to the Firearms Record Board (FRB) of the Criminal History Systems Board a record of all firearm sales, rentals, and leases. In addition, any resident or nonresident who obtains a firearm from anyone other than a licensed firearms dealer and who receives the firearm within Massachusetts must report a complete description of the buyer, seller, and firearm to the FRB. Mass. Gen. Laws ch. 140, §§ 123, 128B.
The FRB maintains an integrated computer system, the Massachusetts Instant Record Check System (MIRCS) that provides for the on-line reporting of gun transactions by dealers. 803 Mass. Code Regs. 10.04. Gun dealers must use MIRCS for reporting transactions, 803 Mass. Code Regs. 10.08.
For further information, see the Massachusetts Private/Secondary Sales section.
Firearm owners must report the loss, theft or recovery of any firearm to state and local law enforcement. Mass. Gen. Laws ch. 140, § 129C.
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Massachusetts imposes no waiting period between the time of purchase and the actual physical transfer of a firearm.
For applicants seeking a firearm identification card ("FID") or Class A or B license to carry ("license"), the local licensing authority is required to either approve an application and issue a FID or license or deny the application and notify the applicant of the reason for such denial in writing, within 40 days from the date of application. Mass Gen. Laws ch. 140, §§ 129B(3), 131(e). No FID or license will be issued unless the colonel of the state police has certified, in writing, that the applicant’s background information does not indicate that possession of a firearm by the applicant would be in violation of state or federal law. Id.
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