Mass. General Laws c.140 § 131Q

Tracing by licensing authority of firearm, rifle or shotgun, large capacity weapon, machine gun or assault weapon used to carry out criminal act; statistical data; annual report

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see law about guns and other weapons.

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Updates

Amended by St. 2024, c. 135, § 75, effective April 23, 2026

Section 131Q (effective until April 23, 2026)

A firearm, rifle or shotgun, large capacity weapon, machine gun or assault weapon used to carry out a criminal act shall be traced by the licensing authority for the city or town in which the crime took place. The licensing authority shall report statistical data, when the data is readily available as determined by the chief of police, including, but not limited to: (i) the make, model, serial number and caliber of the weapon used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv) whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known gang activity; (vii) whether the weapon was obtained illegally; (viii) whether the weapon was lost or stolen; and (ix) whether the person using the weapon was otherwise a prohibited person.

The data shall be reported to the commonwealth fusion center or the criminal firearms and trafficking unit within the division of investigation and intelligence in the department of state police established pursuant to section 6 of chapter 22C. The colonel of state police shall produce an annual report by December 31 of each year regarding crimes committed in the commonwealth using firearms, rifles or shotguns, large capacity weapons, machine guns or assault weapons, including all of the categories of data contained in this section, and shall submit a copy of the report to the joint committee on public safety and homeland security, the clerks of the house of representatives and the senate and, upon request, to criminology, public policy and public health researchers and other law enforcement agencies.

Section 131Q (effective April 23, 2026)

(a)

A firearm used to carry out a criminal act including the commission of a suicide shall be traced by the licensing authority for the city or town in which the crime took place or the law enforcement agency taking possession of the firearm. Said authority or agency shall report all available statistical data to the department of criminal justice information services. This statistical data shall include, but not be limited to: (i) the make, model, serial number and caliber of the firearm used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv) whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known gang activity; (vii) whether the firearm was obtained illegally; (viii) whether the firearm was lost or stolen; and (ix) whether the person using the firearm was otherwise a prohibited person.

(b)

The department of criminal justice information services shall ensure that data reported pursuant to this section is automatically transmitted into the federal electronic system maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice and to the commonwealth fusion center or the criminal firearms and trafficking unit within the division of investigation and intelligence in the department of state police established pursuant to section 6 of chapter 22C. The colonel of state police shall produce an annual report no later than December 31 of each year regarding crimes committed in the commonwealth using firearms, including all of the categories of data contained in this section, and shall submit a copy of the report to the joint committee on public safety and homeland security, the clerks of the house of representatives and the senate and, upon request, to criminology, public policy and public health researchers and other law enforcement agencies.

(c)

A cartridge casing associated with a firearm reported for tracing under subsection (a) shall be submitted for inclusion in the National Integrated Ballistics Information Network maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice.

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Last updated: July 25, 2024

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