Gun laws in Massachusetts

Last updated

Location of Massachusetts in the United States Map of USA MA.svg
Location of Massachusetts in the United States

Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States. [1] [2] These laws are among the most restrictive in the entire country.

Contents

On July 25, 2024, Maura Healey, the Governor of Massachusetts, signed An Act Modernizing Firearms Laws (H.4885) described as "the state’s most significant gun safety legislation in a decade." [3] [4] Changes per H.4885 were due to go into effect 90 days from the date of signing, on October 23, 2024. [5] However, the governor signed an emergency measure on October 2, 2024, which put the Act into effect on that date. [6] Efforts to suspend the Act for two years, via a citizens' initiative, were ongoing at that time. [7] Some aspects of the Act, such as requiring live-fire training for prospective gun owners, have been delayed by action of the state legislature. [8]

Summary table

Note: this section does not yet reflect changes per An Act Modernizing Firearms Laws (H.4885).

Subject / lawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?YesYes MA Ch. 140 Sec. 129C, Sec. 131 3/4 Firearms Identification Card (FID) or License to Carry Firearms (LTC) required, which are normally issued by local police departments. The state's Firearms Records Bureau handles applications for non-resident licenses to carry, and resident alien permits. [9] Historically, some issuing authorities (notably the Boston Police Department) required an applicant to justify the need for a firearm—see additional discussion below regarding "shall issue". Federal Firearms License (FFL) holders may only sell handguns that appear on one of the state's "approved firearms rosters", [10] [11] although this does not prohibit LTC holders from lawfully possessing handguns not on the rosters. [12]
Firearm registration?NoNo MA Ch. 140 Sec. 128A Although registration is not specifically required by law, transfers of firearm ownership are required to be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS): by the seller if in state, or by the buyer if out of state. The Massachusetts EOPSS also provides the option to register a firearm, although, other than obtaining a firearm from out of state (a transfer of ownership), this is not required by law.
Owner license required?YesYes MA Ch. 140 Sec. 129C Firearms Identification Card (FID) or License to Carry Firearms (LTC) required. [9]
License required for concealed carry?YesYes MA Ch. 140 Sec. 131 License to Carry Firearms (LTC) required. Massachusetts is a de facto "shall issue" state for carry since the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen held "may issue" regimes unconstitutional. The issuing authority must provide written explanation for the denial of any application, which is subject to appeal. The issuing authority is the local police chief for most jurisdictions, who issues carry licenses based on an applicant's suitability and compliance with background check and training requirements. Permits are valid statewide, provided the license-holder complies with restrictions (if any) imposed by the issuing authority.
License required for open carry?YesYesLicense to Carry Firearms (LTC) required. Note than an individual who can lawfully carry firearms does not have to conceal a firearm in public. [13] Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled (FRB v. Simkin) that such a person is not responsible for alarm caused by licensed carry of a handgun, and that a permit cannot be revoked for suitability purposes under these circumstances. [14] If police demand to see the permit, it must be produced, per G.L. c. 140, § 129C. Failure to produce a LTC upon demand by law enforcement is probable cause for arrest.[ citation needed ]
State preemption of local restrictions?NoNoThere is limited preemption for some laws.
Assault weapon law?YesYes MA Ch. 140 Sec. 121 Massachusetts statute lists specific firearms that are deemed assault weapons, and also incorporates the definition of an assault weapon per "18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994", which is a two-point "banned features" system. Firearms listed as assault weapons or failing the two-point system are prohibited, unless lawfully owned on or prior to September 13, 1994. Firearms that do not meet the definition of an assault weapon are legal to purchase with an LTC, or in some cases an FID, as long as applicable magazine capacity restrictions are followed.
Magazine capacity restriction?YesYes MA Ch. 140 Sec. 121 Unlawful to possess magazines of over 10 rounds capacity. "Pre-ban" magazines (manufactured before September 13, 1994) are exempt from this restriction.
NFA weapons restricted?YesYes MA Ch. 140 Sec. 131 Suppressors are restricted only for law enforcement or licensed manufacturers. Some destructive devices (DD) are banned at the state level, while others are banned at a local level; they can be completely illegal or legal, depending on what town one lives in. Short-barreled rifles (SBR), short barrel shotguns (SBS), and any other weapon (AOW) are allowed with proper approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). To lawfully possess a machine gun, a machine gun license is required.
Background checks required for private sales?YesYes MA Ch. 140 Sec. 128A The seller must verify the buyer's FID or LTC with the state's Department of Criminal Justice Information Services (CJIS), which is "conducted over a real time web portal" developed by CJIS. [15]
Red flag law?YesYes MA Ch. 140 Sec. 131R A judge may issue an extreme risk protection order (ERPO) to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person.

Regulations and processes

Note: this section does not yet reflect changes per An Act Modernizing Firearms Laws (H.4885).

Licensing process

Massachusetts law requires firearm owners to be licensed through their local police department, or the Massachusetts State Police if no local licensing authority is available. A license is required by state law for buying firearms and ammunition. An applicant must have passed a state-approved firearm safety course before applying for a license.

All applications, interviews, fees, and fingerprinting are done at the local police department then sent electronically to the Massachusetts Criminal History Board for the mandatory background checks and processing. All approved applicants will receive their license from the issuing police department. All licensing information is stored by the Criminal History Board. Non-residents who are planning on carrying in the state must apply for a temporary license to carry (LTC) through the Massachusetts State Police before their travel.

Non-citizen permits

Non-citizens who reside in Massachusetts can apply for a "permit to possess non-large-capacity rifles and shotguns pursuant M.G.L. 140 s. 131H" directly with the state's Firearms Records Bureau (FRB). The applicants must receive firearms education at the FID or LTC-level and pass a 20-fingerprint FBI background check and interview. This permit is a "may issue" document similar to the FID but expiring December 31 of each year. The procedure requires about 16 weeks from application to delivery of the permit. There is no 90-day grace period for the renewal of non-citizens permits.

Both nonresident (i.e. visa holders) and permanent resident (i.e. "green card" holders) non-citizens are lumped together by Massachusetts law. The non-citizens permit allows the possession of non-high capacity (10 rounds or less) shotguns, rifles, and ammunition. This includes .22 caliber rifles with tubular magazines holding more than 10 rounds, but it excludes high capacity rifles, assault rifles, and handguns. FID and LTC are generally not issued to non-citizens even though Massachusetts law grants some latitude to the Colonel of Massachusetts State Police, who may be petitioned directly.

A 2012 lawsuit, Fletcher v. Haas, expanded Massachusetts non-citizens' gun rights by allowing possession and purchase of handguns for permanent resident non-citizens (green card holders). [16] [17] non-citizens permits are still in existence and required for all non-permanent resident non-citizens in Massachusetts. As of April 30, 2012, all lawful permanent resident non-citizens (green card holders) are eligible to apply for a Massachusetts resident license to carry ("LTC") or firearms identification card ("FID").

Types of firearm licenses

A magazine for a SIG Sauer P365 XL, modified by the manufacturer to limit capacity to 10 rounds, rather than its full 12 rounds. Capacity is limited by the crimp seen slightly below the 10-round witness hole, for compliance with the high-capacity magazine ban in Massachusetts. SIG Sauer P365 limited capacity magazine.jpg
A magazine for a SIG Sauer P365 XL, modified by the manufacturer to limit capacity to 10 rounds, rather than its full 12 rounds. Capacity is limited by the crimp seen slightly below the 10-round witness hole, for compliance with the high-capacity magazine ban in Massachusetts.

Massachusetts issues the following types of firearms licenses:

Additionally, LTC permits may have the following restrictions, however, none of these restrictions have been clearly defined by state law, and are subject to each chief of police's definition of such. Violation of the restrictions imposed by the licensing authority shall be cause for suspension or revocation of the license and a fine of $1,000 to $10,000. [19]

Machine gun licenses

A license to possess or carry a machine gun may be issued only to a firearm instructor certified by the Criminal Justice Training Council for the sole purpose of firearm instruction to police personnel, or to a bona fide collector of firearms upon application or renewal of such license.

A "bona fide collector of firearms," for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purpose. State regulations provide a presumption that holders of federal curios and relics collector licenses (FFL03) meet this definition. [20]

For the purpose of issuance of a machine gun license, the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms.

Prohibited or restricted firearms

Massachusetts restricts the sale of handguns not appearing on an "approved firearms roster" issued periodically, and prohibits the sale or possession of certain firearms deemed to be "assault weapons".

Approved firearms roster

Massachusetts gun dealers may only sell handguns that appear on a state-approved firearms roster, [11] although this does not prohibit LTC holders from lawfully possessing other handguns. [12] As of June 2024, the Massachusetts Executive Office of Public Safety and Security (EOPSS) has published several rosters, which are updated periodically: [10]

  • Olympic Competition Firearms Roster
  • Large Capacity Firearms Roster
  • Formal Target Shooting Roster
  • Approved Firearms Roster

Roster additions, which must pass state-define testing by one of several state-approved independent laboratories, are periodically recommended by the Gun Control Advisory Board (GCAB). [10]

Assault weapons

Assault weapons are defined (with no exceptions, except pre-1994 models) as: (i) Avtomat Kalashnikov (AK) (all models); Action Arms Israeli Military Industries Uzi and Galil; Beretta Ar70 (SC-70); Colt AR-15; Fabrique National FN/FAL, FN/LAR and FNC; SWD M-10, M-11, M-11/9 and M-12; Steyr AUG; Intratec TEC-9, TEC-DC9, TEC-22; and revolving-cylinder shotguns including the Street Sweeper and the Striker 12. [21]

Massachusetts statute specifically references "18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994", [21] which is a two-point "banned features" test. The effect is that assault weapons are also defined as:

  1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any two of the following:
  2. A semiautomatic pistol that has the capacity to accept a detachable magazine and any two of the following:
    • A threaded barrel, capable of accepting a flash suppressor.
    • A second handgrip.
    • A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
    • The capacity to accept a detachable magazine at some location outside of the pistol grip.
  3. A semiautomatic shotgun that has two of the following:
    • A folding or telescoping stock.
    • A pistol grip that protrudes conspicuously beneath the action of the weapon.
    • A fixed-magazine capacity in excess of 5 rounds.
    • The ability to accept a detachable magazine.
  4. Any shotgun with a revolving cylinder.

Firearm storage

Unless carried or under the control of the owner, state law requires all firearms to be stored in a locked container, or equipped with a tamper-resistant mechanical lock or other safety device (such as a trigger lock), properly engaged so as to render such firearm inoperable by any person other than the owner or other lawfully authorized user. [22] If in a vehicle, firearm must be unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container, unless the licensee has an LTC, in which case the firearm may, alternately, be under the licensee's direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. Violation is punishable "by 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 such fine and imprisonment." [22]

In the event a license is revoked for any reason, law enforcement will confiscate all firearms and store them for one year before destroying or selling them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms.

There is no penalty under the law for police authorities who fail to abide by the one-year provision of the statute, however, and many police departments[ according to whom? ] have effectively nullified the one-year requirement in practice, effectively turning this holding period, during which the owner could transfer the firearms to someone else, into outright confiscation. This is accomplished by improperly selling the firearms to a dealer, or by placing the firearms into storage facilities that charge storage fees so high as to make retrieving the firearms prohibitive, then making no effort to inform the firearm owner of these fees. Within a short time, the firearms are then sold by the storage facility to pay costs, the police department receiving some money in return. Efforts to sue police departments for damages have been rejected by the courts there is no private right of action under Massachusetts General Laws ch. 140, § 129D (see Mirsky v. Barkas, 2011 WL 2371879, at *5-6 [Massachusetts Superior Court January 31, 2011]). The plaintiff in the above entitled action showed that the Quincy Police Department willfully violated the statute, after having brought civil action upon the restoration of his state license.

Also, gun license holders may encounter licensing issues when moving from one town to another. While one city or town police chief may have issued a license, the chief of police in the city or town where the license holder may move does not have to authorize it, and may require that guns be surrendered. If a gun license is not authorized, and the police determine that the resident also holds a license in a different state, they may contact law enforcement in that state and inform them of the action, which could lead to the loss of the out-of-state license as well.

Other laws

All Massachusetts residents who sell, transfer, inherit, or lose a firearm are required to report the sale, transfer, inheritance, or loss of the firearm to the Firearms Records Bureau (FRB) within the state's Department of Criminal Justice Information Services (CJIS) by filing an FA-10 form. [23]

Massachusetts enacted a red flag law in 2018. [24] A judge may issue an order to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person. [25] A hearing must be held within 10 days of the order being issued. [25] At the hearing, if there is sufficient evidence to substantiate the risk, the person's firearms may be confiscated for up to one year. [25]

A license (such as an LTC or FID) is not required to possess "so-called black powder rifles, shotguns, and ammunition therefor", such as a muzzleloader. [26]

While firearms laws in Massachusetts are some of the most restrictive in the United States, travelers with firearms passing through the state are afforded certain protections per the "safe passage" provision of the Firearm Owners Protection Act (FOPA). [27] [28]

With regards to concealed carry reciprocity, Massachusetts does not recognize any other state's firearms licensing. [29]

See also

Notes

  1. ↑ "Pre-ban" refers to the Federal Assault Weapons Ban, which took effect on September 13, 1994, and was in place (at a federal level) for 10 years.

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Gun control typically restricts access to certain categories of firearms and limits the categories of persons who may be granted permission to access firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, each with different sets of requirements, privileges, and responsibilities.

In the United Kingdom, access by the general public to firearms is subject to strict control measures. Members of the public may own rifles and shotguns, however, they must be properly licensed. Most handguns have been banned in Great Britain since the Dunblane school massacre in 1996. Handguns are permitted in Northern Ireland, the Channel Islands, and the Isle of Man which have their own applicable laws. Scotland imposes its own additional licensing requirements for airguns.

Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.

In South Africa, the Firearms Control Act 60 of 2000 regulates the possession of firearms by civilians. Possession of a firearm is conditional on a competency test and several other factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police introduced in July 2004. In 2010, the process was undergoing review, as the police were not able to timely process either competency certification, new licences or renewal of existing licences. Minimum waiting period used to exceed two years from date of application. The Central Firearms Registry implemented a turnaround strategy that has significantly improved the processing period of new licences. The maximum time allowed to process a licence application is now 90 days.

<span class="mw-page-title-main">Open carry in the United States</span> Practice of carrying a visible firearm in some US states

In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.

<span class="mw-page-title-main">Concealed carry</span> Practice of carrying a handgun or other weapon in public in a concealed or hidden manner

Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from surrounding observers. In the United States, the opposite of concealed carry is called open carry.

In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

<span class="mw-page-title-main">Gun laws in California</span>

Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.

Criminal possession of a weapon is the unlawful possession of a weapon by an individual. It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm.

<span class="mw-page-title-main">Gun laws in New York</span>

Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. New York's gun laws are among the most restrictive in the United States.

<span class="mw-page-title-main">Gun laws in Wisconsin</span>

Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.

<span class="mw-page-title-main">Gun laws in Delaware</span>

Gun laws in Delaware regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Delaware.

<span class="mw-page-title-main">Gun laws in Hawaii</span>

Gun laws in Hawaii regulate the sale, possession, and use of firearms and ammunition in the state of Hawaii, United States. Hawaii's gun laws are among the most restrictive in the country.

<span class="mw-page-title-main">Gun laws in Maryland</span>

Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.

<span class="mw-page-title-main">Gun laws in Michigan</span>

Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.

<span class="mw-page-title-main">Gun laws in New Jersey</span>

Gun laws in New Jersey regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New Jersey. New Jersey's firearms laws are among the most restrictive in the country.

<span class="mw-page-title-main">Gun laws in Ohio</span>

Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.

<span class="mw-page-title-main">Gun laws in Pennsylvania</span>

Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.

<span class="mw-page-title-main">Gun laws in Texas</span>

Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.

Austrian law allows firearm possession on shall-issue basis with certain classes of shotguns and rifles available without permit. With approximately 30 civilian firearms per 100 people, Austria is the 14th most armed country in the world.

References

  1. ↑ "State Gun Laws: Massachusetts". National Rifle Association – Institute for Legislative Action. Archived from the original on January 15, 2013. Retrieved December 31, 2012.
  2. ↑ "Massachusetts State Law Summary". Giffords. Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ↑ "Governor Healey Signs Gun Safety Legislation Cracking Down on Ghost Guns, Strengthening Violence Prevention". mass.gov (Press release). July 25, 2024. Retrieved July 27, 2024.
  4. ↑ Young, Colin A. (July 25, 2024). "Gov. Healey signs gun law, saying it 'will save lives'". WBUR-FM . State House News Service. Retrieved July 27, 2024.
  5. ↑ "H.4885 Timeline". GOAL.org. Gun Owners' Action League. Retrieved August 2, 2024.
  6. ↑ Van Buskirk, Chris (October 2, 2024). "Gov. Maura Healey officially implements Mass. gun law after signing emergency language" . Boston Herald . Retrieved October 2, 2024.
  7. ↑ Van Buskirk, Chris (September 20, 2024). "Massachusetts gun law repeal effort has half of necessary signatures to suspend statute" . Boston Herald . Retrieved October 2, 2024.
  8. ↑ Medsger, Matthew (September 24, 2024). "Bay State's new gun license live fire training requirement quietly delayed" . Boston Herald . Retrieved October 2, 2024.
  9. 1 2 "Apply for a firearms license: A firearms license is required to possess or carry firearms in Massachusetts". mass.gov. Retrieved July 27, 2024.
  10. 1 2 3 "Approved firearms rosters". mass.gov. Retrieved August 2, 2024.
  11. 1 2 "Section 131 3/4". malegislature.gov. Retrieved August 2, 2024.
  12. 1 2 "MA Compliant Handguns". massgunownership.com. Mass Gun Ownership. Retrieved August 2, 2024.
  13. ↑ Curran, Rob (November 20, 2015). "The Top Four Myths About Owning a Gun Iin Massachusetts". tacdynamics.com/. Retrieved July 27, 2024.
  14. ↑ Firearms Records Bureau v. Simkin, 466 Mass. 168 (2013)
  15. ↑ "Section 128A". malegislature.gov. Retrieved July 27, 2024.
  16. ↑ "Fletcher v. Haas (MA)" (PDF). Commonwealth Second Amendment. Retrieved January 19, 2012.
  17. ↑ "Fletcher v. Haas". casetext.com. Retrieved July 27, 2024.
  18. ↑ Massachusetts Division of Fisheries and Wildlife. "Massachusetts Gun Licensing Requirements". Mass.gov. Massachusetts Division of Fisheries and Wildlife. Retrieved November 23, 2011.
  19. ↑ "General Law - Part I, Title XX, Chapter 140, Section 131". malegislature.gov. Retrieved March 17, 2016.
  20. ↑ "501 CMR 6.00: Bona fide collectors of firearms". www.mass.gov. Retrieved December 24, 2023.
  21. 1 2 "Section 121". malegislature.gov. Retrieved August 2, 2024.
  22. 1 2 "Section 131L". malegislature.gov. Retrieved August 2, 2024.
  23. ↑ "Massachusetts Gun Transaction Portal". Massachusetts Department of Criminal Justice Information Services.
  24. ↑ Miller, Joshua (July 3, 2018). "People Deemed to Be a Danger Can Lose Gun Rights Under New Law" . The Boston Globe . Retrieved July 4, 2018.
  25. 1 2 3 Wing, Nick (July 3, 2018). "Massachusetts Joins Wave of States Passing 'Red Flag' Gun Laws After Parkland". Huffington Post. Retrieved July 4, 2018.
  26. ↑ "Section 129C". malegislature.gov. Retrieved August 2, 2024.
  27. ↑ Hardy, David T. "The Firearm Owner's Protection Act: A Historical and Legal Perspective". guncite.com. Retrieved November 23, 2011.
  28. ↑ Letter from Francis X. Belloti, Attorney General, to Charles V. Barry, Secretary, Executive Office of Public Safety (Oct. 31, 1986) (copy in possession of Cumberland Law Review).
  29. ↑ "Massachusetts Gun Laws". nraila.org. Retrieved August 2, 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.