Latest updates
Governor Healey signs gun safety legislation cracking down on ghost guns, strengthening violence prevention (July 25, 2024)
The newly-signed law "modernizes Massachusetts' existing firearms laws to address issues such as untraceable 'ghost guns' and 3-D printed guns, enhance[s] the 'Red Flag Law,' further protect[s] safety in public spaces and increase[s] violence prevention programming in the state."
Massachusetts laws
In general
- MGL c. 140, §§ 121-131Q Sale of firearms; includes:
- § 121 Definitions of firearm types, including antique weapons
- § 129C Application of Sec. 129B; ownership or possession of firearms or ammunition; transfer; report to commissioner; exemptions; exhibiting license to carry, etc. on demand
- § 131 Licenses to carry firearms; conditions and restrictions
- § 131F Non-residents: temporary license to carry firearms or ammunition
- § 131G Non-residents carrying firearms: pistol or revolver
- § 131K Firearm safety devices
- § 131L Storage of weapons
- § 131P Firearms safety training
- MGL c. 269, § 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; possession of ammunition; punishment, certain knives and blades. Subsection (j) prohibits carrying a weapon on school or university grounds.
- MGL c. 269, § 10H Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment
- MGL c. 276, § 58A(1) "The commonwealth may move, based on dangerousness, for an order of pretrial detention...[for a person] arrested and charged with a violation of paragraph (a), (c), or (m) of section 10 of chapter 269 [illegal weapons]."
Bump stocks and trigger cranks
- MGL c. 140, § 121 Definitions of bump stocks and machine guns
- MGL c. 140, § 131(o) Bans bump stocks and trigger cranks
Crossbows
- MGL c. 131, § 69 Bows and arrows for hunting
Extreme risk protection orders (ERPO)
- MGL c. 140, §§ 131R-131Y, Extreme Risk Protection Order (ERPO)
Provides a process for family and household members to ask the court to temporarily take weapons from people who pose a risk to themselves or others.
Knives
- MGL c. 269, § 12 Manufacturing and selling knives, slung shots, swords, bludgeons and similar weapons (see the link for a full list of weapons included in this general law)
Pepper spray
- MGL c. 140, § 122C People over 18 can have pepper spray, mace or other "self defense spray" without an FID card
- MGL c. 140, § 122D Who may not buy or carry pepper spray
Stun guns
- MGL c. 140, § 121 Definitions of stun gun
- MGL c. 140, § 131J Stun guns - regulation and access. Law allows, but regulates, stun guns
- MGL c. 140, § 131L Storage of stun guns
Toy guns and BB guns
- MGL c. 148, § 39 Sale of blank cartridges, toy pistols, fireworks
- MGL c. 269, § 12B Air rifles; possession by minors; shooting (including BB guns)
Massachusetts regulations
321 CMR 3.01(3) Hunting with bows and arrows
501 CMR 7 Approved weapon rosters
501 CMR 13 Standards for identification cards for retired law enforcement officers
515 CMR 3 Firearms course and instructor certifications and firearms surrender programs
515 CMR 6 Law enforcement officers safety act qualification standards and instructor certification
803 CMR 10 Gun transaction recording
940 CMR 16 Handgun sales
Federal laws and regulations
18 USC §§ 921-931 Firearms
- 18 USC § 922(g)(3) prohibits any person who is an "unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))" from shipping, transporting, receiving or having firearms or ammunition.
Public Law No: 117-159: Bipartisan Safer Communities Act, 117th Congress (2021-2022)
Includes extending background checks for individuals under 21, closure of the "boyfriend loophole", funding for state red flag laws, and clarification on Federal Firearm Identification license requirements.
27 CFR 447-479 Firearms and ammunition
- 27 CFR 478 "Ghost guns" are subject to the same regulations as commercially manufactured firearms. See also DOJ fact sheet
- "Gun show loophole": In April of 2024, the Dept. of Justice issued a rule that updated the definition of "Engaged in the business" in 27 CFR 478, which closes the "gun show loophole" and sets strong standard for gun sellers who have to get a license and conduct background checks.
Other states' laws
State laws and published ordinances-firearms, Bureau of Alcohol, Tobacco and Firearms.
"This publication is designed to help Federal firearms licensees (FFL) comply with Federal and State firearms laws; specifically, with the Gun Control Act of 1968 (GCA)."
Forms
ATF form 4473, Firearms transaction record (form 4473)
Question 11.e says: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Firearms services, Mass. Firearms Records Bureau.
Includes information about firearms licenses, sales, and transfers, appealing a firearms license denial, approved firearms rosters, and firearms laws for the state.
Sample complaint for judicial review of revocation of license, 18 Am. Jur. Pl.& Pr. Forms Municipal Corporations, Counties, Etc. § 46. Available through our Document Delivery Service.
Selected cases
Web sources
Appeal a firearms license denial, Exec. Office of Public Safety and Security.
If your firearms license was denied, you can appeal the denial at the District Court or in some cases, you can petition the Firearm Licensing Review Board.
Apply for a firearms license in Massachusetts, Exec. Office of Public Safety and Security.
A firearms license is required to possess (FID) or carry (LTC) firearms in Massachusetts. Form is submitted to your local police department.
Approved weapons rosters, Exec. Office of Public Safety and Security.
Extreme risk guide, Mass. Department of Mental Health, 2018.
"This guide provides information on resources that may be helpful to individuals, who are seeking an extreme risk protective order, or who had an extreme risk protective order issued against them."
Extreme Risk Protection Orders (ERPO), Mass. Court System.
An ERPO can be used to suspend a person’s license to have or carry a gun due to prescription drug misuse. Also known as a red flag law.
Federal firearms regulations reference guide, Bureau of Alcohol, Tobacco, Firearms and Explosives, 2014.
“[C]ontains information that will help you comply with Federal laws and regulations governing the manufacture, importation and distribution of firearms and ammunition.”
Guide to the interstate transportation of firearms, NRA Institute for Legislative Action.
"Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms." Provides links to state and federal laws.
Gun ownership in Massachusetts, Mass. Division of Fisheries and Wildlife.
Massachusetts residents 15 years and older who want to possess, carry, and transport firearms, ammunition, and feeding devices are required to have a firearms license. Firearms licenses are issued by municipal police departments.
Joint Advisory, MA AGO and EOPSS, July 2022.
A joint advisory from the Massachusetts Attorney General and Executive Office of Public Safety and Security regarding the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen and the affect on Massachusetts’s firearm licensing laws.
Law bars most immigrants from carrying self-defense spray, CommonWealth Beacon, February 2019.
"The penalty is imprisonment for up to two years and a fine of not more than $1,000. The only immigrants exempted from the penalty are green card holders and those who have been victims of domestic violence."
Open letter to all federal firearms licensees, Bureau of Alcohol, Tobacco, Firearms and Explosives, September 21, 2011.
"any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition."
Public safety notice: 3D-printed guns, Mass. Attorney General, August 9, 2018.
"The creation, transfer, or possession of a weapon made with a 3D printer can subject an individual to serious criminal or civil liability under Massachusetts law."
Suitability challenged: the judicial creation of suitability standards for firearms licensing, Mass. Bar Association, Lawyers Journal, June 2014.
Discusses the “suitable person” standard for getting a firearms license under MGL c.140, § 131(d), (f).
Transporting firearms and ammunition, TSA.
Explains requirements for transporting firearms on planes.
Print sources
Complex issues in trying drug and gun cases in federal and state court, Flaschner Judicial Institute, 2011.
Criminal law police manual, Law Enforcement Dimensions, 2021.
Firearm laws & licensure, MCLE, 2020.
Firearms in self defense: the Castle Doctrine, stand your ground and other considerations, NBI, 2015.
Guns, drugs and money, MCLE, 2017.
Handbook of civil procedure in the District Court, 5th ed., Lawyers Weekly, with supplement.
Chapter 23, Firearms Appeals.
Law enforcement guide to firearms law: a practical guide for police on Massachusetts and federal firearms law, 17th ed., Glidden Training and Consulting, LLC., 2023.
Massachusetts firearm user’s manual 2020: a comprehensive guide to the use, possession and storage of firearms, rifles, shotguns, ammunition and related laws. 2020, William M. Cloran.
Packin’ heat: Massachusetts firearm carry law, MCLE, 2021.
Practice in the firearms sessions, MCLE, 2017.
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| Last updated: | January 2, 2025 |
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