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Effective

MGL Chapter 140, Section 131F:
Non-Resident Temporary License to Carry

LTCChapter 135Non-Resident

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

Since Chapter 135, the non-resident temporary LTC is shall-issue. The Colonel of State Police must issue the license unless the applicant is a prohibited person or is determined unsuitable under the same Section 121F criteria that govern resident LTC applicants. An unsuitability denial must rest on reliable, articulable and credible information and is appealable to the district court under Section 121F(v).

Scope and Duration

The non-resident temporary LTC authorizes the holder to carry firearms in Massachusetts, but on narrower terms than a resident LTC. It may not be used to purchase firearms in the Commonwealth, and it permits carrying a large-capacity firearm only if that entitlement is clearly indicated on the license itself. 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.