Massachusetts Firearms Dealer License Requirements

Massachusetts General Laws Chapter 140, Section 123^[1] establishes all operational compliance conditions governing how licensed firearms dealers must conduct business under their Section 122 licenses.

Key Requirements

Chapter 135 of the Acts of 2024^[2] completely restructured the section from numbered conditions to lettered subsections (a) through (p). Core requirements include:

Premises: Non-residential business premises required, with license displayed and no firearms visible from outside
Safety postings: Conspicuous posting of safe transportation and storage information (developed by DCJIS) and suicide prevention information (developed by EOPSS with DPH)
Pre-transfer verification: Verification of license, card, permit, or exemption status with identity confirmation before any transfer
Expired credentials: Expanded procedures including issuing a receipt valid for 90 days (up from one day), confiscating the credential, forwarding it to the licensing authority, and notifying the holder of their duty to surrender firearms under Section 129D
Record-keeping: Electronic record-keeping required
Loss and theft: Reporting via the Section 121B registration system
Gun shows: Sales permitted with full compliance with all dealer conditions
Remote orders: No mail, internet, or phone orders without in-person credential presentation (inter-dealer transfers exempt)
Delivery: All firearms and ammunition delivered unloaded

Consumer Protection Testing

Section 123 retains the original testing conditions (reorganized as subsection (o)): metal quality requirements (melting point of at least 900 degrees Fahrenheit, tensile strength of at least 55,000 psi, powdered metal density of at least 7.5 g/cm³ or passing a 600-round firing test); drop testing (5 samples dropped from 1 meter in 6 positions without discharge); mechanical safety (no multiple discharge per trigger pull, no explosion); and accuracy disclosure for barrels under 3 inches.

Penalties

New under Chapter 135: any licensee, employee, or agent who violates Section 123 faces a fine of not less than $1,000 nor more than $10,000, imprisonment for not less than 1 year nor more than 10 years, or both. This is significantly more severe than the prior law, which relied primarily on license forfeiture under Section 125.

Inspection

The local licensing authority must enter premises at least once per calendar year. Under Chapter 135, the Department of State Police may assume licensing and inspection responsibilities upon written request at least 6 months in advance, or upon failure of the local authority to inspect. EOPSS promulgates rules for inspection standards.

Related Provisions

Section 122 governs license issuance. Section 121B establishes the electronic registration system used for record-keeping. Section 125 covers license forfeiture and dealer training. Section 129D governs the surrender of firearms upon license revocation.

Referendum Status

Subject to the November 2026 referendum. An additional delayed amendment under Chapter 135, Section 38 takes effect April 23, 2026.

MGL Chapter 140, Section 123:
Dealer Licensing Requirements