MGL Chapter 140, Section 131L generally requires a stored firearm to be secured in a locked container or equipped with an engaged qualifying lock or safety device.[1]
Statutory Definition
Section 121 defines "secured in a locked container" as secured in a container that can be unlocked only by a key, combination, or similar means. The definition expressly includes, in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console, and a locked glovebox.[2] A locked vehicle by itself is not listed as a substitute for a qualifying container.
Biometric and Quick-Access Safes
The statute does not name biometric readers. A container counts only if it is capable of being unlocked only by means of a key, combination or similar means.
Carried or Under Control
Under Section 131L, a firearm is not deemed stored or kept while it is carried by or under the control of its owner or another lawfully authorized user. "Under control" is fact-specific. The Appeals Court has held that a firearm is within the "control" of its owner or authorized user only when that person has it sufficiently nearby to prevent immediately its unauthorized use. When the firearm is stored or kept and no exception applies, use a qualifying locked container or engaged safety device.
Practical Check
- Confirm that the container can be unlocked only by a key, combination, or similar means.
- Confirm that the locking mechanism is engaged whenever the firearm is stored.
- Do not rely on a locked passenger compartment alone.
- For an unusual container or access arrangement, seek fact-specific legal guidance.
Sources
Related
- FOPA Safe Passage Through Massachusetts
- Building a Firearm from a Lower Receiver in Massachusetts
- "Readily Converted": The Undefined Middle Ground in Massachusetts Firearms Law
- Nonresident Firearm Registration Exemptions in Massachusetts
- Is My Rifle Legal in Massachusetts? A Compliance Guide
- Inheriting Firearms in Massachusetts: Legal Guide for Heirs