MGL Chapter 140, Section 128A:
Private Firearm Transfer Provisions

Massachusetts General Laws Chapter 140, Section 128A^[1], substantially rewritten by Chapter 135 of the Acts of 2024^[2], governs person-to-person private firearms transfers, purchases, and sales outside of licensed dealer transactions.

Key Provisions

• Dealer transfers: LTC holders may sell or transfer firearms and ammunition to licensed dealers, FFL holders, or historical societies and museums without an annual limit
• Private transfers: For person-to-person transfers, the limit is a maximum of 4 firearm transfers per calendar year
• Eligible transferees: LTC holders may transfer to other LTC holders, persons exempt under Section 129C, or FID holders (though for certain firearms, the transferee must also hold a permit to purchase under Section 131A)
• Curios and relics: Bona fide collectors may purchase curio and relic firearms from licensed dealers

Mandatory Electronic Processing

All purchases, sales, or transfers must be conducted through the electronic firearms registration system under Section 121B^[3]. DCJIS requires electronic submission of seller and purchaser identification. The system automatically reviews eligibility and indicates whether the sale may proceed.

Penalties

Section 128A does not prescribe specific criminal penalties of its own. Violations would be prosecuted under Section 128 (unlicensed sales) or other applicable sections.

Related Provisions

Section 121B establishes the electronic registration system through which all transfers must be processed. Section 129B governs FID cards. Section 129C establishes exemptions. Section 131 governs the LTC. Section 131A covers permits to purchase. Section 131M restricts transfers of assault-style firearms.

Referendum Status

The rewritten version is subject to the November 2026 referendum. A successful repeal would revert Section 128A to its pre-Chapter 135 text.

See also: MGL Chapter 140, Section 121B: Electronic Firearms Registration