AG Handgun Sales Enforcement Notice

940 CMR 16.00^[1], issued by the Attorney General under the Consumer Protection Act (MGL Chapter 93A, Section 2(c)) with enforcement dates beginning January 15, 1998, defines unfair or deceptive practices in handgun sales and imposes safety and performance requirements that go beyond both federal standards and the state's Approved Handgun Roster.

Applicability

Applies to "handgun-purveyors," any person or entity transferring handguns to Massachusetts customers. Excludes: persons transferring fewer than 5 handguns per year; law enforcement and military transfers; museum and educational collector transfers; antique firearms as defined in 18 U.S.C. § 921, and handguns solely designed and sold specifically for formal target shooting competition.

Testing Requirements

• Materials and performance test (Section 16.04(1) and (3)): Unless the used-handgun exception in Section 16.07(4) applies, the frame, barrel, cylinder, slide, and breechblock may not be composed of metal with a melting point under 900 degrees Fahrenheit, any material with an ultimate tensile strength under 55,000 psi, or powdered metal with a density under 7.5 g/cm3, unless three new handguns of the make and model each pass the Handgun Performance Test. That test fires 600 rounds and stops every 100 rounds to tighten loose screws and clean the gun if the user manual requires it, with an additional ten-minute pause every 50 rounds for handguns that load other than via a detachable magazine. A handgun passes if it fires the first 20 rounds without a malfunction and the full 600 rounds with no more than six malfunctions and without any crack or breakage of an operating part that increases the danger of injury to the user
• Drop test (Section 16.04(2)): Five handguns in new condition must each pass drops onto a solid concrete slab from one meter in the specified positions without discharging, subject to the used-handgun exception in Section 16.07(3)
• Childproofing (Section 16.05(2)): Unless a handgun has a hammer deactivation device or qualifies for the used-handgun exception in Section 16.07(1), it must contain a mechanism that effectively prevents an average five-year-old child from operating it when it is ready to fire. Acceptable methods include trigger resistance of at least 10-pound pull, firing mechanism too small for a child's hands, or requiring multiple motions to fire
• Load indicator or magazine safety disconnect (Section 16.05(3)): Handguns that load cartridges via a magazine must contain either a load indicator (device plainly indicating a cartridge is in the firing chamber) or a magazine safety disconnect (prevents firing when magazine is removed), unless the used-handgun exception in Section 16.07(1) applies
• Safety device (Section 16.05(1)): Must include a safety device designed to prevent discharge by unauthorized users and approved by the Colonel of State Police, if such a device is commercially available, as described in Section 131K

The Glock Issue

Subject to the used-handgun exception in Section 16.07(1), Section 16.05(3) bars a handgun-purveyor from transferring a handgun that loads cartridges via a magazine and has neither a load indicator nor a magazine safety disconnect, and Section 16.01 defines a load indicator as a device that plainly indicates that a cartridge is in the firing chamber. The notice continues to restrict ordinary dealer sales of affected complete Glock pistols. A non-roster or dealer-restricted handgun may sometimes enter lawful private commerce, but the legality of a particular transfer depends on the seller's authority, the buyer's credentials and permit requirements, the firearm's status, and current transaction and registration rules. A dealer or purchaser should not assume that a frame-only transaction or a manufacturing date creates a categorical exemption.

Critical Distinction from the Approved Roster

A handgun can be on the Approved Handgun Roster (501 CMR 7.00^[2]) yet still violate 940 CMR 16.00. The Roster tests for materials quality, drop safety, mechanical reliability, and accuracy, but does not test for the AG's additional requirements. Three AG requirements are independently enforced even for Roster-listed handguns: child-safety features, load indicators or magazine safety disconnects, and tamper-resistant serial numbers.

Enforcement

Enforced through MGL Chapter 93A civil actions brought by the Attorney General. The court may issue injunctions and order restoration of money or property. If the person knew or should have known the practice was unlawful, the court may also order civil penalties of up to $5,000 per violation and reasonable costs of investigation and litigation, including reasonable attorney's fees.

Granata v. Campbell: Constitutional Challenge

940 CMR 16.00 and the Approved Handgun Roster are subject to an active constitutional challenge in Granata v. Campbell (formerly Granata v. Healey).^[3]

On August 29, 2025, the U.S. District Court for the District of Massachusetts entered the judgment that the plaintiffs appealed.^[4] Plaintiffs (Firearms Policy Coalition and individual gun owners) appealed to the First Circuit, where the appeal was docketed as No. 25-1918 on September 26, 2025.^[7]

On January 28, 2026, the Trump DOJ filed an amicus brief siding with the plaintiffs, arguing the Massachusetts handgun roster violates the Second Amendment under the Bruen framework.^[5] Federal government intervention significantly increases the likelihood of the First Circuit reversing the district court. If reversed, the entire handgun sales regulatory framework -- both the AG regulations and the roster -- could be struck down.

Current Status

940 CMR 16.00 remains fully in effect. It was not repealed or superseded by Chapter 135 of the Acts of 2024. Attorney General Andrea Campbell is the named defendant and appellee in Granata v. Campbell. The First Circuit Court of Appeals heard oral argument on September 9, 2026.^[6] The FPC has drawn parallels between this case and its similar California challenge, Renna v. Bonta, where a federal district court issued a preliminary injunction against key provisions of California's handgun roster (now stayed pending appeal).