When a Massachusetts firearm owner dies, their heirs face a specific set of legal requirements. M.G.L. c. 140, Section 129C(a)(iii) provides a 60-day grace period for unlicensed heirs, but compliance with registration, licensing, and transfer rules is essential[1].
The 60-Day Grace Period
Section 129C(a)(iii) exempts “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.” During this window, an unlicensed heir may legally possess the inherited firearms and may sell or transfer them to a licensed person under Section 128A[1].
After 60 days, the heir must either hold an appropriate Massachusetts firearms license or have transferred the firearms to someone who does.
What License Do You Need?
- Handguns, semiautomatic rifles/shotguns, and large-capacity firearms: License to Carry (LTC)
- Non-large-capacity, non-semiautomatic rifles and shotguns: FID or LTC
If you do not hold any license and want to keep the inherited firearms, apply immediately. Processing may take longer than 60 days, so starting early is critical.
Executor and Administrator Duties
The executor or administrator of the estate has legal custody of all estate property, including firearms. Key responsibilities:
- Secure all firearms immediately. Store them safely in a locked container per Section 131L[2].
- Inventory every firearm with make, model, serial number, and caliber.
- Determine which beneficiaries are eligible to receive firearms (check for valid Massachusetts licenses).
- Register the transfers through the electronic registration system (eFA-10/MIRCS portal). While the statute does not specify executor filing procedures, best practice is to identify yourself as the executor and reference the probate court docket number.
- If no beneficiary is eligible or willing, transfer all firearms to an FFL or surrender to law enforcement.
Transfer Options for Heirs
Section 129C(a)(iii) permits heirs and devisees to sell or transfer firearms to licensed persons under Section 128A[3]. The transfer rules are:
- To FFLs, museums, or historical societies: No annual limit on transfers
- To private licensed individuals: Up to 4 firearms per calendar year to persons with an LTC, FID, or Section 129C exemption
All transfers must go through the electronic registration system under Section 121B[4].
Out-of-State Inheritance
Federal law provides an explicit exemption for inheritance. Under 18 U.S.C. § 922(a)(3)(A), a person may receive a firearm through bequest or intestate succession across state lines without going through an FFL, provided the recipient is legally permitted to possess firearms in their state of residence[5].
However, the Massachusetts recipient must still:
- Hold a valid LTC or FID
- Verify the firearm is legal in Massachusetts (compliant with assault-style firearm restrictions, magazine capacity limits, etc.)
- Register the firearm through the electronic registration system within 60 days of importation
Non-Compliant Inherited Firearms
If you inherit firearms that are not legal in Massachusetts (such as assault-style firearms not grandfathered under Chapter 135, or firearms with large-capacity magazines), you have several options:
- Transfer to an FFL for sale or disposition (no annual limit)
- Have the firearm modified for Massachusetts compliance
- Keep the firearm out of state (store at an out-of-state location or with an out-of-state family member)
- Surrender to law enforcement
Do not bring a non-compliant firearm into Massachusetts without confirming its legal status. The grandfathering provisions for assault-style firearms under Chapter 135 apply to firearms “lawfully possessed within the commonwealth on August 1, 2024.” Whether this grandfathering transfers to heirs is not explicitly addressed in the statute — consult a firearms attorney if this applies to your situation.
Expired License of the Deceased
The deceased’s license status does not affect the heir’s rights under Section 129C(a)(iii). The 60-day grace period triggers upon “the death of the legal owner” regardless of whether the deceased’s license was current[1]. However, if the deceased’s license was expired, the firearms may not be in the registration system, which can complicate the eFA-10 filing process.
Registration Requirements
Section 129C(m) states: “Nothing in this section shall supersede the firearm registration and serialization requirements pursuant to sections 121B and 121C.” This means inherited firearms must comply with all registration and serialization requirements[1]. Pre-1968 firearms without serial numbers may need to be serialized under Section 121C.
Step-by-Step Summary
- Secure all firearms immediately upon taking possession
- Inventory everything: make, model, serial number, caliber
- Check your license status — you need an LTC for handguns and semiautomatics, at minimum an FID for bolt/pump/lever rifles and shotguns
- If unlicensed: apply for a license immediately and plan to transfer or sell within 60 days if processing takes longer
- Verify each firearm is Massachusetts-legal
- Register the transfer through the MIRCS Unified Gun Portal
- If inheriting from out of state: the federal inheritance exemption applies, but register within 60 days of import
- If you cannot keep the firearms: transfer to an FFL (unlimited) or to a licensed private party (up to 4 per year)
- Keep records of all transfers, eFA-10 confirmations, and probate documentation