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Effective

MGL Chapter 140, Section 129C:
Possession and Transfer Requirements

PurchaseChapter 135

Massachusetts General Laws Chapter 140, Section 129C[1] is primarily an exemptions section. It identifies who may possess a firearm or ammunition without the otherwise required license or card for a specified purpose and limited time. Some subsections separately authorize limited transfers. Section 129C works alongside Sections 129B and 131 and the Section 121B registration and reporting system.

General Possession Rules

Section 129C provides limited exemptions from otherwise applicable Massachusetts firearm-license and card requirements and, in some subsections, limited transfer authority. Possession outside an applicable license, card, or exemption can trigger criminal liability under Chapter 269, Section 10. The Section 129C exemptions include:

  • A person voluntarily surrendering a firearm or ammunition to the Colonel of State Police
  • A returning resident (absent 180 or more days) or a new resident, for 60 days, for firearms already in their possession
  • An heir or devisee, for 60 days after a firearm passes to them, who may also transfer it to a licensed person within that period
  • A person under direct supervision of the necessary license or card holder for examination, trial, or instruction. A separate target-concession exception applies to retail customers using secured firearms under the direct supervision of a properly licensed proprietor or employee
  • Common carriers and authorized staff possessing firearms during ordinary transport for properly licensed customers while following Sections 131C and 131L. Banks and institutional lenders may possess and transfer only non-large-capacity firearms and ammunition held as collateral or because of default
  • Qualifying manufacturers, wholesale dealers, historical societies, museums, institutional collections, and veterans' organizations, within the item, purpose, security, and time limits stated in subsection (e)
  • Military members, police officers, and other peace officers purchasing, transferring, or possessing non-large-capacity firearms and ammunition in official duty or when duly authorized by their employing agency
  • A licensed person furnishing a firearm to a minor or person under 21 for hunting, instruction, recreation, or shooting sports
  • Non-residents, under separate exemptions: subsection (j) covers qualifying non-large-capacity, nonsemiautomatic rifles and shotguns for hunting, range use, displays, or travel through Massachusetts and requires those travel-through rifles and shotguns to be unloaded and locked. Subsection (k) separately addresses a firearm in a vehicle and requires Section 131C storage when it is outside the nonresident owner's direct control

Private Transfer Reporting

A private firearm transfer permitted under Section 128A must be conducted through the Section 121B electronic system at or before the point of sale, where the system checks eligibility and signals whether the transfer may proceed. A reportable transaction must also be submitted to DCJIS through that system within seven days, and both parties are responsible for compliance. Section 121B supplies criminal penalties for a failure to report, but EOPSS Guidance Letter 4 states that individuals are not required to comply with Sections 121B and 121C until October 28, 2026.

Section 121B Registration System

Subject to the exceptions in subsection (d), Section 121B requires firearms possessed, manufactured, or assembled in Massachusetts to be registered through the real-time electronic system. It sets registration deadlines for import, purchase or acquisition, manufacture or assembly, and inheritance. It separately requires reportable firearm transactions to be submitted within seven days. EOPSS Guidance Letter 4 states that individuals are not required to comply with Sections 121B and 121C until October 28, 2026; that date is an agency implementation transition rather than the single statutory deadline for every possessor.

Loss and Theft Notification

Section 121B states that a firearm owner must report a loss or theft through the electronic registration system within seven days to the licensing authority or Department of State Police where the firearm is registered and to DCJIS. Failure to report may result in statutory penalties and license suspension or revocation. EOPSS Guidance Letter 4 states that individuals are not required to comply with Section 121B until October 28, 2026.

Inheritance and Estate Transfers

Section 129C(a)(iii) gives an heir or devisee a 60-day possession exemption after a firearm or ammunition is transferred into their possession. During that 60-day period, the heir or devisee may possess it without the otherwise required license, permit, or card and may sell or otherwise transfer it to a duly licensed person under Section 128A. Subsection (m) concerns registration and serialization requirements rather than inheritance.