By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024
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Massachusetts has some of the strictest gun laws in the nation. The state has extensive gun license requirements that relate to firearm ownership, possession, and use. Massachusetts also has a ban on assault weapons, the kind often used in mass shootings. In 2021, it had the lowest gun violence death rate in the U.S.
Strong gun control laws do not resolve all public safety concerns related to firearm violence. Those ineligible to buy or possess a gun in Massachusetts may travel to a state with few restrictions to obtain a weapon.
Faced with the constitutional right to bear arms as written in the Second Amendment of the U.S. Constitution, states must also balance their gun regulations with the rights of law-abiding gun owners.
With a divided Congress, new firearms laws are rare at the national level. Consensus can be hard to find.
Longstanding federal laws limit the ownership of certain dangerous weapons like machine guns and prohibit certain persons from possessing guns. Law enforcement officers also use the National Instant Background Check System (NICS) to keep firearms out of the wrong hands.
Massachusetts gun laws are rather comprehensive and seek to prevent the illegal possession and use of firearms. State licensing regulations provide for universal background checks. Every firearm purchase, sale, or transfer must comply with state requirements for review of the buyer's criminal and/or mental health history.
In 2024 Massachusetts enacted "An Act Modernizing Firearms Laws." This act updates the state's firearm registration and licensing processes, including the establishment of an electronic registration system and enhanced background checks facilitated by court-transmitted records to the Department of Criminal Justice Information Services.
The law broadens the scope of who can petition for Extreme Risk Protection Orders, now including healthcare providers and school administrators. Additionally, it enforces stricter regulations on firearm storage and carrying, particularly in vehicles and designated prohibited areas like government buildings and polling places.
To purchase, possess, and carry a firearm throughout the state, Massachusetts residents must apply for a License to Carry Firearms (LTC). With the LTC permit, you can purchase, possess, and transport all legal handguns, rifles, shotguns, magazines, feeding devices, and ammunition. Residents who seek to purchase, possess, and transport only non-large capacity rifles and shotguns apply for a Firearm Identification Card (FID).
For most jurisdictions, the licensing authority is the local chief of police. To secure the issuance of either type of permit, an applicant needs to complete a state-approved firearms safety course or a qualifying hunter education course. The applicant must also submit their fingerprints and pass the required background check.
Massachusetts does not engage in reciprocity with other states regarding concealed carry permits. Nonresidents who are U.S. citizens and have a concealed carry license from another state may carry a pistol or revolver into Massachusetts in some situations. They must file their request for a temporary license with the Firearms Records Bureau. Such licenses will only be granted for limited purposes that include:
The state provides detailed information on firearms licenses through the state Department of Criminal Justice Information Services website.
State law allows those with a valid gun permit to carry or have a firearm under their control. When a gun owner does not have direct control over the firearm, there are specific regulations about storage.
For example, the owner or authorized user of a gun must store or keep the firearm secured in a locked container. Otherwise, the weapon must be equipped with a mechanical lock or other safety device that makes it inoperable for anyone other than the owner or authorized user.
Massachusetts firearms laws also allow cities and counties to enact their own firearm restrictions in certain situations. In some cases, these local laws may be stricter than state law.
Gun owners should inform themselves about state and local laws. Your local police department will provide such information. For example, in Boston, the city provides an online guide for firearm ownership.
Massachusetts is cracking down on ghost guns through the Act Modernizing Firearms. The act strengthens firearms laws to address ghost guns by calling on the the Department of Criminal Justice Information Services (DCJIS) to create a real-time electronic firearms registration system, requiring all firearms manufactured or assembled in Massachusetts to be registered and serialized. It prohibits unlicensed individuals from using 3-D printers to manufacture firearms and introduces criminal penalties for creating, selling, or transferring untraceable firearms, with sentences ranging from 1 to 1.5 years. These measures aim to enhance traceability and accountability in firearm manufacturing and ownership.
The table below provides a summary of major gun laws in the Commonwealth of Massachusetts. For more general information applicable nationwide, see Gun Laws.
Relevant Massachusetts Gun Control Statutes (Laws) |
Massachusetts General Laws (M.G.L.) Chapter 140, Licenses
|
|---|---|
Illegal Arms |
The following items are illegal in Massachusetts with limited exceptions:
|
Waiting Period |
Massachusetts has no waiting period between the time of purchase and the delivery of a firearm. |
Who May and May Not Own? |
To purchase or possess a gun in Massachusetts, a person must have a Firearms Identification Card (FID) or a License to Carry (LTC). To obtain either of these, a person must:
|
License Required? |
Yes. Massachusetts requires a license for firearms. It has two types of firearm license:
|
Concealed Carry License Required? |
Yes. A License to Carry is required to carry concealed handguns in Massachusetts. |
Open Carried Allowed? |
Yes. Open carry is allowed if the gun owner has a license to carry a firearm. |
Eligibility for a Concealed Carry License |
To obtain a License to Carry (LTC), an applicant must:
|
Machine Gun Laws |
Machine guns are prohibited unless a person holds a special license from the state for a firearm instructor or a bona fide firearms collector. |
Penalties for Illegal Firearm Possession |
Firearm possession laws have a wide range of penalties. They can be misdemeanors or felonies. Some common offenses and penalties are:
|
Penalties for Illegal Possession on or Near School Grounds |
It is illegal to carry an unloaded or loaded firearm in any building or on the grounds of any school, college, or university without the written authorization of the board or officer in charge of the school, college, or university. The crime is punishable by up to two years in prison, a fine of up to $1,000, or both. |
Red Flag Law? |
Yes. A family or household member or a police officer can file a petition for an extreme risk protection order against someone who presents a threat of harm to self or others. An ERPO can also be requested by healthcare providers and school administrators. After the petition is filed, a court then determines the matter and can suspend the person's access to firearms for up to one year. |
Universal Background Checks? |
Yes. Massachusetts requires a criminal background check in virtually all transfers, sales, and purchases of firearms in the state. |
Stand Your Ground Law? |
No. Massachusetts law retains a duty to retreat before resorting to deadly force unless the person seeking to use such force is acting in self-defense and in their own home. |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
In 2022, the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen. It held that the Second Amendment grants the right to carry guns in public for self-defense. It applied a historical test to review whether a law that burdens the right to carry arms is grounded in the nation's history of firearms regulation.
The Bruen case has led to new challenges to state gun regulations. As a result, the impact on a specific state gun control law may be subject to debate. For example, a federal court recently upheld Massachusetts' assault weapons ban from a legal challenge based on the Second Amendment. As of 2024, the court's ruling is on appeal.
If you are facing criminal prosecution for a gun crime or would like help determining which firearms are legal to own, you can seek legal advice. Consider consulting with an attorney licensed in Massachusetts.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Massachusetts attorneys offer free consultations.
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