MGL Chapter 140, Section 129D:
Surrender on Denial or Revocation

Massachusetts General Laws Chapter 140, Section 129D^[1] establishes mandatory procedures for surrender, storage, transfer, auction, and disposal of firearms and ammunition when a person's license is denied, revoked, or suspended. It is the central mechanism ensuring that unlicensed persons do not retain firearms.

Key Requirements

As amended by Chapter 135 of the Acts of 2024^[2], upon revocation, suspension, or denial of any license under Sections 129B (FID), 131 (LTC), or 131F (temporary license), the person must without delay deliver or surrender all firearms and ammunition registered to them or in their possession to the licensing authority, and report the surrender to the electronic firearms registration system under Section 121B.

The person has the right, within 1 year, to transfer the firearms to a licensed dealer or legally permitted person. Upon written notification by the transferee and former owner, the licensing authority must deliver the firearms within 10 days. The transferee must affirm in writing they will not transfer the firearms back to the former owner.

A new Chapter 135 provision: transfer is prohibited if the firearm may be evidence in a pending criminal investigation.

Storage by Dealer

The licensing authority may transfer possession to a federally licensed firearms dealer with a bonded warehouse and proper storage. The owner is liable for reasonable storage charges.

Public Auction

Firearms not disposed of within 1 year are sold at public auction by the Colonel of State Police. Proceeds go to the General Fund.

Destruction Mandate

New under Chapter 135: firearms identified as used in a criminal act (per Section 131Q) or prohibited from being owned or possessed must not be auctioned but instead destroyed by the Colonel of State Police.

Reporting

New subsection (f) requires licensing authorities to report all deliveries, surrenders, and seizures to DCJIS via the electronic registration system, including date, make, model, serial number, caliber, grounds for surrender, prohibition status, and disposition.

Penalties

Section 129D itself does not prescribe specific criminal penalties. However, failure to surrender triggers potential prosecution under MGL Chapter 269, Section 10^[3] (unlawful possession), carrying a mandatory minimum of 18 months.

Related Provisions

Section 121B establishes the electronic registration system for reporting. Section 128A provides an exception to the 4-per-year private transfer limit for Section 129D surrenders. Sections 131R through 131Y (Extreme Risk Protection Orders) require surrender "in accordance with section 129D." Section 131Q classifies firearms used in criminal acts.

Referendum Status

Subject to the November 2026 referendum. A successful repeal would revert to the pre-October 2024 version, removing electronic reporting, the criminal evidence exception, and the destruction mandate.

See also: MGL Chapter 140, Section 131E: License Suspension and Revocation