Section 140:129C - [Effective 10/23/2024] Possession of firearm for particular purpose and limited time without license, permit or card(a) Possession of a firearm or ammunition for a particular purpose and limited time without being duly issued a license, permit or card under sections 129B, 131, 131A or 131F shall be permitted by: (i) a person voluntarily surrendering the firearm or ammunition to the colonel of the state police pursuant to section 131O, (ii) a resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any new resident moving to the commonwealth, only with respect to any firearm or ammunition then in their possession prior to moving or return and only for 60 days after such return or entry into the commonwealth; or (iii) an heir or devisee upon the death of the legal owner of the firearm or the ammunition for not more than 60 days after said firearm or ammunition is transferred into their possession and who shall also be permitted to sell or otherwise transfer said firearm or ammunition to a duly licensed person within this time period pursuant to section 128A.(b) Possession of a firearm or ammunition while under direct supervision of an individual holding a license or card under section 129B, 131 or 131F and only for a particular purpose and limited time without being duly licensed or permitted under said sections 129B, 131 or 131F is permitted by: (i) a retail customer for the purpose of firing at duly licensed target concessions at amusement parks, piers and similar locations; provided, that the firearms to be so used shall be firmly chained or affixed to the counter and shall be under the direct supervision of a proprietor or employee thereof who holds the necessary license or card; (ii) a professional photographer or writer for examination purposes while in the pursuit of their profession or during the course of any television, movie, stage or other similar theatrical production; provided, that they are at all times under the immediate supervision of a holder of a license to carry or, in the case of rifles and shotguns that are not large capacity or semi-automatic, a firearm identification card; or (iii) a person in the presence of a holder of the necessary license or card for the purpose of examination, trial or instruction.(c) Common carriers and their duly authorized employees and agents may possess firearms and ammunition therefor without holding the necessary license or card under sections 129B, 131 or 131F while performing the regular and ordinary transport of firearms and ammunition as merchandise for customers duly licensed to permit such transport and so long as they abide by all storage and transportation requirements set forth in sections 131C and 131L.(d) Notwithstanding section 131B, banks or institutional lenders and their duly authorized employees and agents, may possess and transfer non large capacity firearms and ammunition therefor as collateral for a secured commercial transaction or because of a default thereof without holding the necessary license or card under said sections 129B, 131 or 131F.(e) Other organizations and their duly authorized employees and agents, may purchase, transfer and possess as so indicated in this subsection non large capacity firearms and ammunition therefor for a particular purpose and limited time without holding the necessary license or card under sections 129D, 131 or 131F if they are: (i) a federally licensed firearms manufacturer or wholesale dealer or their employees or agents who may possess firearms and ammunition therefor when their possession is necessary for manufacture, display, storage, transport, installation, inspection or testing; (ii) federal, state and local historical societies, museums and institutional collections open to the public who may possess firearms and ammunition therefor; provided, that such firearms shall be unloaded and properly housed and secured from unauthorized handling; provided further that the requirements for sales in section 128A are met; or (iii) a veteran's organization chartered by the congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the internal revenue service and its members who may possess firearms and ammunition; provided, however, that members may only possess unloaded large capacity rifles or unloaded large capacity shotguns or large capacity rifles or large capacity shotguns that are loaded with blank cartridges and which contain no projectile within the blank or the bore or chamber; and provided further, that all possession by members of veteran's organizations shall be limited to official parade duty or ceremonial occasions.(f) A person in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction, who may purchase, sell or otherwise transfer and possess non-large capacity firearms and ammunition therefor without holding a license or card under sections 129D, 131 or 131F while in the performance of their official duty or when duly authorized to possess them by their employing agency; provided, that the requirements for sales in section 128A are met. Upon purchase, a person exempted under this subsection shall submit to the seller full and clear proof of identification, including shield number, serial number, military or governmental order or authorization, military or other official identification, as applicable.(g) A person may furnish a minor or person under 21 years of age with a firearm and ammunition for hunting, instruction, recreation and participation in shooting sports provided that the person furnishing the firearm and ammunition holds the appropriate license, permit or card, or is a duly commissioned officer, noncommissioned officer or enlisted member of the United States army, navy, marine corps, air force or coast guard, or the national guard or military service of the commonwealth or reserve components thereof, while in performance of their duty(h) No license, permit or card under this chapter shall be required for a legal resident of the commonwealth over the age of 18 to carry or possess: (i) a firearm known as a detonator and commonly used on vehicles as a signaling and marking device and only when carried or possessed for such purposes; or(ii) any device used exclusively for signaling or distress use and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, or for the firing of stud cartridges, explosive rivets or similar industrial ammunition.(i) A nonresident who is at least 18 years of age may possess rifles and shotguns that are not large capacity or semi-automatic and ammunition therefor if the nonresident has a permit, card or license issued from their state of residence which has substantially similar requirements to those of the commonwealth for a firearm identification card as determined by the colonel of the state police pursuant to subsection (l)(j) A nonresident who is at least 18 years of age may possess rifles and shotguns that are not large capacity or semi-automatic and ammunition therefor: (i) to hunt during hunting season with a nonresident hunting license or a hunting license or permit lawfully issued from their state of residence, which has substantially similar requirements to those in section 11 of chapter 131, as determined by the colonel of the state police pursuant to subsection (l); (ii) while on a firing or shooting range; (iii) while traveling in or through the commonwealth; provided, that the rifles and shotguns that are not large capacity or semi-automatic shall be unloaded and in a locked container pursuant to sections 131C and 131L; or (iv) while at a firearm showing or display organized by a regularly existing gun collectors' club or association.(k) A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner's direct control it shall be stored in the vehicle in accordance with section 131C.(l) The colonel of the state police shall determine those states with substantially similar requirements to those of the commonwealth for a firearm identification card under section 129C and a hunting license under section 11 of chapter 131 and shall annually publish a list of those states.(m) Nothing in this section shall supersede the firearm registration and serialization requirements pursuant to sections 121B and 121C.Mass. Gen. Laws ch. 140, § 140:129C
Amended by Acts 2024, c. 135,§ 45, eff. 10/23/2024.Amended by Acts 2014 , c. 284, §40, eff. 1/1/2015 and § 41 eff. 1/1/2021.Amended by Acts 2010 , c. 466, § 2, eff. 4/14/2011.Amended by Acts 2010 , c. 256, § 94, eff. 2/2/2011.This section is set out more than once due to postponed, multiple, or conflicting amendments.