Massachusetts permits private firearms sales between licensed individuals, but the process is heavily regulated under M.G.L. c. 140, Section 128A[1]. Chapter 135 of the Acts of 2024 rewrote this section entirely, tightening requirements and restricting what FID holders may transfer. Understanding these rules is essential for any private sale or transfer.
Who Can Sell Privately?
Any person holding a valid License to Carry (LTC) or Firearm Identification Card (FID) may sell firearms to other licensed individuals. The scope differs by license type:
- LTC holders may sell or transfer firearms and ammunition of any type they are authorized to possess[1].
- FID holders may sell or transfer only non-large-capacity, non-semiautomatic rifles and shotguns, and ammunition for those firearms[2]. This is a Chapter 135 change — before October 2, 2024, FID holders could transfer non-large-capacity semiautomatic rifles and shotguns.
The 4-Transfer Annual Limit
Private individuals may sell or transfer no more than 4 firearms per calendar year to other private licensed individuals[1]. This limit resets each January 1.
The following transfers do not count toward the 4-transfer cap:
- Sales to licensed dealers (Section 122)
- Sales to federally licensed firearms dealers (FFLs)
- Transfers to federal, state, or local museums and historical societies
Who Can Buy?
The buyer must hold a valid Massachusetts firearms license appropriate to the type of firearm:
- Handguns, semiautomatic rifles/shotguns, and large-capacity firearms: Buyer must hold an LTC
- Non-large-capacity, non-semiautomatic rifles and shotguns: Buyer may hold either an LTC or FID
Persons exempt under Section 129C (such as law enforcement officers) may also receive transfers.
eFA-10 Filing Requirement
All private firearms transfers must be conducted through the electronic firearms registration system under Section 121B[3]. Both the buyer and seller must file. The statute requires the filing to occur “prior to or at the point of sale.”
The filing is done through the MIRCS Unified Gun Portal at gunportal.mass.gov. Both parties must provide identification, license information, and firearm details. The system will display whether the seller may proceed with the transfer.
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Spouse and Family Transfers
Massachusetts law provides no exemption for transfers between spouses, family members, or household members. A transfer between spouses follows the same rules as any other private transfer: both parties must be licensed, the transfer counts toward the 4-per-year limit, and both must file through the electronic registration system[1].
Non-Resident Sales
Federal law prohibits the direct interstate sale of handguns between private parties. Under 18 U.S.C. § 922(a)(5), a non-resident seller must ship handguns to a Massachusetts FFL for transfer[4]. Long guns may be purchased out of state from an FFL if the transaction is legal in both states and the firearm is legal in Massachusetts.
Massachusetts residents may not sell firearms to non-residents through a private sale. Any interstate transfer should go through a licensed dealer.
Frames and Receivers
Under Chapter 135, the definition of “firearm” now includes frames and receivers, whether finished or unfinished[5]. A private transfer of a frame or receiver follows the same rules as a complete firearm: both parties must be licensed, the transfer must go through the electronic registration system, and it counts toward the 4-per-year cap.
Chapter 135 Changes
Chapter 135 of the Acts of 2024 made several significant changes to private sales[6]:
- FID restrictions tightened: FID holders may now only transfer non-large-capacity, non-semiautomatic rifles and shotguns (previously could transfer non-large-capacity semiautomatics)
- Electronic registration codified: Section 121B created a formal statutory basis for the registration system
- MIRCS Unified Gun Portal: Replaced the legacy eFA-10 portal in October 2025
- Frames and receivers: Now explicitly included in the “firearm” definition for transfer purposes
Ballot Referendum
Chapter 135 is subject to a veto referendum on the November 3, 2026 ballot[7]. A “YES” vote keeps the law. A “NO” vote repeals it. If repealed, the private sale framework would revert to pre-Chapter 135 rules.
Penalties
Selling a firearm without the required license, or failing to comply with transfer requirements, can result in criminal penalties including fines and imprisonment. Failure to register a transfer under Section 121B carries escalating penalties: up to $1,000 for a first offense, up to $7,500 and 6 months imprisonment for a second offense, and up to $10,000 and 1–5 years imprisonment for a third or subsequent offense[3].