Massachusetts Constitutional Carry Laws

6 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Massachusetts Gun Control Laws

Massachusetts has some of the strictest gun laws in the nation, including extensive requirements for firearm ownership, possession, and use. The state also bans assault weapons, often used in mass shootings, and had the lowest gun violence death rate in the U.S. in 2021.

While strong gun control laws address public safety concerns, those ineligible to buy or possess guns in Massachusetts may still acquire weapons in states with fewer restrictions. Balancing the constitutional right to bear arms with the need for public safety is a significant challenge for states.

Federal Firearms Laws

New firearms laws at the federal level are rare due to a divided Congress. Existing federal laws limit ownership of certain dangerous weapons like machine guns and restrict certain individuals from possessing firearms. Law enforcement uses the National Instant Background Check System (NICS) to prevent firearms from falling into the wrong hands.

Massachusetts Gun Control Laws

Massachusetts’ gun laws aim to prevent illegal possession and use of firearms, requiring universal background checks for every firearm purchase, sale, or transfer. These regulations review the buyer’s criminal and mental health history.

Gun License Laws

Residents must apply for a License to Carry Firearms (LTC) to purchase, possess, and transport all legal handguns, rifles, shotguns, magazines, feeding devices, and ammunition. Those only seeking to purchase, possess, and transport non-large capacity rifles and shotguns apply for a Firearm Identification Card (FID).

The local chief of police is typically the licensing authority. Applicants must complete a state-approved firearms safety course or a qualifying hunter education course, submit fingerprints, and pass a background check.

Massachusetts does not recognize concealed carry permits from other states. Nonresidents with a concealed carry license from another state may carry a pistol or revolver into Massachusetts under specific conditions, such as participating in a competition, attending a firearms collectors’ meeting, or hunting with a valid license.

Storage Law

Firearms must be secured in a locked container or equipped with a mechanical lock or safety device when not under the owner’s control. This ensures the weapon is inoperable by anyone other than the owner or authorized user.

Local Gun Regulations

Cities and counties in Massachusetts can enact firearm restrictions that may be stricter than state laws. Gun owners should be aware of both state and local regulations. Local police departments provide information on these laws, such as Boston’s online guide for firearm ownership.

Efforts to Regulate Ghost Guns

State lawmakers are working to regulate undetectable “ghost” guns. Both the State Senate and House have passed provisions to outlaw 3D-printed guns without serial numbers that can bypass metal detectors. A conference committee will reconcile the bills for final approval in 2024.

Relevant Massachusetts Gun Control Statutes

Massachusetts General Laws (M.G.L.)

Chapter 140, Licenses

Section 121: Firearm sales definitions and exceptions
Section 122: License procedures and refusals
Section 122B: Sale of ammunition; licensing
Section 123: Conditions of licenses
Section 128B: Unauthorized firearm purchase
Section 129B: Firearm identification cards; conditions
Section 129C: Application of Section 129B
Section 131: Licenses to carry firearms; conditions
Section 131C: Carrying firearms in a vehicle
Section 131E: Purchase by residents
Section 131G: Carrying firearms by nonresidents
Section 131K: Safety devices liability
Section 131L: Storage requirements
Section 131M: Assault weapons possession restrictions
Section 131N: Covert weapons penalties
Sections 131R to 131Y: Extreme risk protection orders

Chapter 269, Crimes Against Public Peace

Section 10: Carrying dangerous weapons
Section 10A: Selling or using silencers
Section 10E: Firearms sales or transfers
Section 10F: Illegal transfer of large-capacity weapons
Section 10G: Violations by previously convicted individuals
Section 11C: Removal of firearm serial numbers
Section 12D: Carrying loaded rifles or shotguns on public ways
Section 12F: Weapons in airport secure areas

Illegal Arms

Prohibited Items:
Machine guns (including bump stocks and trigger cranks)
Sawed-off shotguns
Silencers
Assault weapons
Large-capacity feeding devices
Firearms with altered serial numbers
Covert or non-detectable firearms

Waiting Period

No waiting period for firearm purchase and delivery.

Who May and May Not Own?

Requirements:
FID or LTC required
Age 21+ for LTC; 18+ for FID (15–17 with parental permission for FID)
No convictions for certain crimes or mental health adjudications
Lawful permanent residency required
No outstanding warrants or disqualifying protection orders
Not dishonorably discharged from the military
Not a fugitive or renounced U.S. citizenship

License Required?

Yes:
Firearms Identification Card: For ammunition, rifles, and shotguns
License to Carry: For handguns, rifles, shotguns, and feeding devices

Concealed Carry License Required?

Yes, a License to Carry is required.

Open Carry Allowed?

Yes, with a License to Carry.

Eligibility for a Concealed Carry License

Requirements:
Age 21 or older
No disqualifying convictions or mental health adjudications
Lawful permanent residency
No disqualifying protection orders or warrants
Not dishonorably discharged, a fugitive, or renounced citizenship

Machine Gun Laws

Prohibited unless licensed as a firearms instructor or collector.

Penalties for Illegal Firearm Possession

Varied Penalties:
Illegal possession without a license: Felony (2.5–5 years) or misdemeanor (up to 2.5 years)
Machine gun or sawed-off shotgun possession: Felony (up to life)
Illegal transfer to a minor: Felony (5–15 years)
Illegal transfer to an adult: Felony (2.5–10 years for first offense)

Penalties for Illegal Possession on or Near School Grounds

Punishable by up to two years in prison, a fine of up to $1,000, or both.

Red Flag Law?

Yes, allows for extreme risk protection orders.

Universal Background Checks?

Yes, required for all firearm transfers.

Stand Your Ground Law?

No, duty to retreat unless defending in one’s own home.

Massachusetts Constitutional Carry Laws

Massachusetts Gun Control Laws

Federal Firearms Laws

Massachusetts Gun Control Laws

Gun License Laws

Storage Law

Local Gun Regulations

Efforts to Regulate Ghost Guns

Relevant Massachusetts Gun Control Statutes

Massachusetts General Laws (M.G.L.)

Chapter 140, Licenses

Chapter 269, Crimes Against Public Peace

Illegal Arms

Waiting Period

Who May and May Not Own?

License Required?

Concealed Carry License Required?

Open Carry Allowed?

Eligibility for a Concealed Carry License

Machine Gun Laws

Penalties for Illegal Firearm Possession

Penalties for Illegal Possession on or Near School Grounds

Red Flag Law?

Universal Background Checks?

Stand Your Ground Law?

Gun Permit Laws by State

Written by Ron Wilmington