Massachusetts General Laws Chapter 140, Section 122[1] governs the issuance of licenses to sell, rent, lease, purchase, or otherwise transfer firearms and ammunition, and to operate as a gunsmith in Massachusetts. It is the foundational licensing provision for firearms dealers.
Key Requirements
As amended by Chapter 135 of the Acts of 2024[2], the licensing authority now acts "in accordance with section 121F," the new centralized licensing process. Applicants must be:
- At least 21 years old
- Neither a "prohibited person" nor "deemed unsuitable" under Section 121F
- Completed online dealer training classes mandated under Section 125
The license specifies a business address and does not entitle the holder to possess or carry any firearm or ammunition outside of the licensed business premises. This explicit restriction was added by Chapter 135.
Fees
The fee provisions are in Section 121F, not Section 122. Under Section 121F(o) and (q), the application fee is $100, with $25 retained by the licensing authority, $50 paid to the General Fund, and $25 paid to the Firearms Fingerprint Identity Verification Trust Fund. A person licensed to sell firearms pays no additional fee for a gunsmith's license.
Penalties
The current text of Section 122 contains only subsections (a) and (b) and has no penalty clause. There is no criminal penalty enumerated within Section 122 for issuing a license in violation of the section.
Appeal
Appeals from a licensing decision under Section 122 run through the Section 121F process, which the licensing authority applies in granting or renewing the license.
Chapter 135 Changes
Chapter 135 removed the old enumeration of disqualifying conditions (aliens, youthful offenders, and others), consolidating them into Section 121F's "prohibited person" definition. It also added the dealer training requirement and the explicit prohibition on carrying outside the business premises.
Related Provisions
Section 121F governs centralized licensing procedures. Section 123 establishes the conditions on Section 122 licenses. Section 125 covers dealer training, forfeiture, and suspension. Section 121B establishes the electronic registration system.
Referendum Status
The Chapter 135 amendments are subject to the November 2026 referendum. A successful repeal would revert Section 122 to its pre-October 2024 text.
Sources
[1] Massachusetts Legislature. MGL Chapter 140, Section 122
Chapter 140, Section 122
Related
- MGL Chapter 140, Section 130: Sales to Minors
- MGL Chapter 269, Section 10(a): Carrying Without a License
- MGL Chapter 269, Section 10(k): Prohibited Areas Under Chapter 135
- MGL Chapter 269, Section 10(b): Carrying Dangerous Weapons
- MGL Chapter 269, Section 10(h): Possession Without FID Compliance
- MGL Chapter 269, Section 10(j): Carrying a Firearm in a School Zone