Gun Laws in Massachusetts

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
State permit required to purchase?	Yes	Yes	MA Ch. 140 Sec. 129C	Firearm Identification (FID) or license to carry required. Permits/FID cards are issued by local police departments. Some issuing authorities (notably Boston) have required an applicant to justify the need for a firearm, and have denied purchase permits/FID cards based on insufficient justification of need. The discretionary issue of purchase permits/FID cards is currently being challenged in the state courts.
Firearm registration?	No	No		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?	Yes	Yes	MA Ch. 140 Sec. 129C	Firearm Identification (FID) or license to carry required.
License required for concealed carry?	Yes	Yes	MA Ch. 140 Sec. 131	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?	Yes	Yes		An individual with a Class A unrestricted license to carry firearms (LTC-A) does not have to conceal a handgun or long gun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that the holder of a LTC-A license 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.[73] 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?	No	No		There is limited preemption for some laws.
Assault weapon law?	Yes	Yes		A two point "banned features" system is what defines an assault weapon. These assault weapons are prohibited unless lawfully owned on or prior to September 13, 1994. Firearms that do not have two or more "banned features" are legal to purchase with an LTC or in some cases a standard FID so long as magazine restrictions are followed to what one's license allows.
Magazine Capacity Restriction?	Yes	Yes	MA Ch. 140 Sec. 121	Illegal to possess magazines of over 10 rounds capacity. Pre-ban magazines manufactured before September 13, 1994 are exempt from this restriction.
NFA weapons restricted?	Yes	Yes	MA Ch. 140 Sec. 131	Suppressors are restricted only for law enforcement or licensed manufacturers. Some destructive devices are banned at the state level, while others are banned at a local level. DD's can be completely illegal or legal depending on what town one lives in. SBR's, SBS's, and AOW's are allowed with proper approval from the ATF. A machine gun license is required to possess a machine gun.
Background checks required for private sales?	Yes	Yes	MA Ch. 140 Sec. 128A	The seller must verify the buyer's Firearm Identification Card with the Department of Criminal Justice Information Services.
Red flag law?	Yes	Yes		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.

Understanding Gun Laws in Massachusetts

Massachusetts has some of the strictest gun laws in the United States. This article will help you understand the key aspects of these laws, including permits, registration, licensing, and restrictions on certain types of firearms. It's important to note that this information is subject to change and it's always best to consult with a legal expert or your local law enforcement agency for the most accurate and up-to-date information.

Permits and Licensing

Both long guns and handguns require a state permit to purchase in Massachusetts. This is outlined in MA Ch. 140 Sec. 129C. To obtain a permit, you need to apply for a Firearm Identification (FID) or a license to carry. These are issued by local police departments. Some authorities, notably Boston, may require you to justify your need for a firearm. The discretionary issue of purchase permits/FID cards is currently being challenged in the state courts.

Additionally, an owner license is required for both long guns and handguns. This is also covered under MA Ch. 140 Sec. 129C. The license required for concealed carry is covered under MA Ch. 140 Sec. 131.

Firearm Registration

While there is no specific law requiring firearm registration in Massachusetts, transfers of firearm ownership must be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS). This is done by the seller if the transaction is in-state, or by the buyer if it's out of state. The EOPSS also provides the option to register a firearm, but this is not required by law unless you're obtaining a firearm from out of state.

Carrying Firearms

Both open and concealed carry require a license in Massachusetts. An individual with a Class A unrestricted license to carry firearms (LTC-A) does not have to conceal a handgun or long gun in public. In 2013, the Massachusetts Supreme Judicial Court ruled that the holder of an LTC-A license 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. If police demand to see the permit, it must be produced, per G.L. c. 140, § 129C. Failure to produce an LTC upon demand by law enforcement is probable cause for arrest.

Restrictions and Regulations

Massachusetts has an assault weapon law in place. A two-point "banned features" system is used to define an assault weapon. These weapons are prohibited unless lawfully owned on or before September 13, 1994. Firearms that do not have two or more "banned features" are legal to purchase with an LTC or in some cases a standard FID, as long as magazine restrictions are followed.

There are also restrictions on magazine capacity. It's illegal to possess magazines of over 10 rounds capacity, as per MA Ch. 140 Sec. 121. However, pre-ban magazines manufactured before September 13, 1994 are exempt from this restriction.

Furthermore, certain National Firearms Act (NFA) weapons are restricted. Suppressors are restricted only for law enforcement or licensed manufacturers. Some destructive devices are banned at the state level, while others are banned at a local level. Short-barreled rifles, short-barreled shotguns, and any other weapons are allowed with proper approval from the ATF. A machine gun license is required to possess a machine gun.

Private Sales and Red Flag Law

Private sales of firearms require background checks. The seller must verify the buyer's Firearm Identification Card with the Department of Criminal Justice Information Services, as per MA Ch. 140 Sec. 128A.

Massachusetts also has a red flag law. 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.

In conclusion, Massachusetts has comprehensive gun laws aimed at ensuring public safety. It's crucial to understand these laws if you're a resident of the state and wish to own or carry a firearm.