Massachusetts Gun Control Laws

The U.S. Constitution guarantees the right of American citizens to bear arms.  There have been numerous attempts to limit gun ownership, resulting in an ever-changing landscape concerning gun legislation.  While federal law certifies the right of citizens to own and carry weapons under certain conditions, most of the specific laws concerning firearms are made and enforced in the individual states.  Massachusetts is a “may issue” state, giving law enforcement officials more discretion in granting permits. 

Massachusetts Carrying Guns & Possession Laws

Massachusetts has a number of very specific, and very stringent, laws regarding gun possession, beginning with the requirement to be licensed by the state to purchase firearms and ammunition.  Those licenses are issued upon successful completion of a state-approved firearm safety course.  They are also “may issue” state, except in the case of FID’s, which are “shall issue,” so that once the state requirements are met, the issuing agency may still refuse to grant a license at their own discretion.  

There are four possible licenses that can be issued, each lasting 6 years, including:

• Firearm Identification License (FID), which only permits ownership of long arms, which are defined as rifles or shotguns) that hold ten rounds of ammunition or less.
• Class B License to Carry, which authorizes the ownership of handguns that hold ten founds or lens, or long guns with any size magazine.
• Class A License to Carry, which allows any capacity handgun or long gun, with the ability to carry concealed weapons. 
• Machine gun license, which can only be issued to a firearms instructor certified by the Criminal Justice Training Council or a proven collector who can only use the gun for historical information and appreciation, display, research, demonstration, teaching, test firing, investment, or similar activities.

Ownership is restricted from those persons who have a disqualifying conviction, who have been confined for mental illness or confined and treated for drug addiction or alcohol abuse, who are fugitives, who have had a domestic protective order issued against them, are under 15, or are more than 15 but less than 18 and have not obtained parental or guardian permission. 

All licensed firearms are to be stored or carried in a locked container or with a trigger lock.  The one exception is the Class A unrestricted license for handguns and it requires the handgun be under the owner’s control at all times. 

Penalties & Regulations for Unlawful Possession

• Any individual carrying a firearm unlawfully in a vehicle or anywhere else outside their home or place of business without the required license or FID card faces a minimum sentence of one year in jail or 2 ½ years in prison. 
• Any individual who is unable to produce the required FID card or license upon demand by a law enforcement official may be required to forfeit their firearm.  They may be able to reclaim it if they can produce their license within 30 days.
• Any individual found to be carrying an unsecured firearm may have their license revoked and their weapon confiscated.  The owner faces criminal punishment with a fine of up to $10,000 and/or 10 years in prison.

Requirements for Possession: For Firearm, Shotgun, and Rifle Possession in the state of Massachusetts

Purchasing Guns

In the state of Massachusetts, no weapon can be purchased without a duly granted license or FID card and successful completion of a state-approved firearm safety course.

Firing Handguns and Self Defense

Massachusetts prohibits discharging a firearm within 500 feet of a building that is being put to any use without the permission of the owner or legal occupant or unless it is in defense of the property and the life of an individual except in licensed shooting galleries or at target, test, trap, or skeet ranges where the permission of the owner or legal occupant has been granted.

Legal Help

Massachusetts has some of the most stringent gun control laws in the nation; therefore, it is important for every resident and visitor to know those laws and obey them or face stiff penalties.  As in all states, Massachusetts elevates any crime that includes the use of a weapon and they generally carry felony criminal charges.  Criminal attorneys can help you present a defense that may lessen those charges, depending on the circumstances.  Considering the life-long consequences to a criminal conviction, it is wise to consult an attorney if you face any type of gun charges in the state of Massachusetts.