Massachusetts General Laws Chapter 140, Section 131F [1] provides the mechanism by which non-residents of Massachusetts may obtain a temporary License to Carry. Unlike the resident LTC under Section 131, the non-resident temporary LTC is issued by the Colonel of State Police through the Firearms Records Bureau (FRB), not by a local licensing authority.
Application and Issuance
Non-residents must apply directly to the Firearms Records Bureau. The application requires:
- A completed application form
- Proof of firearms safety training or equivalent experience
- A valid firearms license from the applicant's home state (if applicable)
- Payment of the application fee
- Successful completion of a background check
The Colonel of State Police has discretionary authority to approve or deny applications based on the same suitability criteria that apply to resident LTC applicants.
Scope and Duration
The non-resident temporary LTC authorizes the holder to carry firearms in Massachusetts under the same terms as a resident LTC. The license is valid for one year from the date of issue, which is shorter than the six-year resident license. Renewal requires a new application.
Chapter 135 Amendments
Chapter 135 of the Acts of 2024 [2] amended Section 131F to align it with the restructured licensing framework. The suitability standard and disqualifying criteria now mirror those in the updated Section 131.
Constitutional Challenge Resolved
The non-resident licensing framework was challenged in two related SJC cases -- Commonwealth v. Donnell and Commonwealth v. Marquis. On March 11, 2025, the SJC ruled on both.[3]
In Donnell, the SJC held that the old pre-Bruen "may issue" non-resident licensing scheme was unconstitutional as applied, affirming the dismissal of charges against a New Hampshire resident. In Marquis (SJC-13562), the SJC reversed the lower court and held that the current post-Chapter 135 "shall issue" framework is constitutional under the Second Amendment. The distinction is critical: the pre-Bruen system gave the FRB near-total discretion to deny without stated cause, while the current framework provides objective criteria and a shall-issue standard.
Marquis petitioned the U.S. Supreme Court for certiorari (Docket No. 25-5280) in July 2025. Twenty-five state attorneys general filed amicus briefs supporting the petition. In January 2026, the Supreme Court declined to hear the case.[4]
The constitutional challenge to the non-resident licensing framework is now fully resolved. The current Section 131F framework is settled law.
See also: Non-Resident Temporary License to Carry
See also: Analysis: Impact of Bruen on Massachusetts Firearms Licensing
See also: MGL Chapter 140, Section 130B: Firearms Licensing Review Board
See also: MGL Chapter 140, Section 131P: Basic Firearms Safety Certificate
Sources
Related
- MGL Chapter 140, Section 131L: Firearms Storage Requirements
- Section 131M: Grandfathering Assault-Style Firearms (Massachusetts)
- MGL Chapter 140, Section 121D: 3D Printer and CNC Regulations
- MGL Chapter 140, Section 123: Dealer Licensing Requirements
- MGL Chapter 140, Section 128A: Private Firearm Transfer Provisions
- MGL Chapter 140, Section 129D: Surrender on Denial or Revocation