MGL Chapter 269, Section 11C:
Untraceable Firearm Prohibition

Section 11C of MGL Chapter 269^[1] was completely rewritten by Chapter 135 of the Acts of 2024^[2], Section 138, effective October 2, 2024. The old version targeted serial number defacement. The new version broadly targets "untraceable firearms" (ghost guns).

Pre-October 2024 Version

The original Section 11C prohibited removing, defacing, altering, or obliterating serial or identification numbers, and receiving firearms with knowledge of such defacement. Penalties included a fine up to $200 or imprisonment of 1 month to 2.5 years. Possession of a defaced-serial-number firearm was prima facie evidence of guilt.

Post-October 2024 Version

The rewritten section prohibits anyone who:

• Knowingly manufactures, assembles, imports, sells, or transfers ownership of an untraceable firearm
• Knowingly participates in such activities
• Purchases or receives a firearm with knowledge it is untraceable

"Untraceable firearm" (commonly known as a ghost gun, and defined in the amended Section 121) includes firearms without serial numbers, firearms assembled from parts kits, 3D-printed firearms, and firearms with removed serial numbers.

Penalties

Imprisonment of not less than 12 months and not more than 2.5 years. There is no fine-only option, which is a significant increase from the prior $200 fine alternative. Possession of an untraceable firearm remains prima facie evidence of guilt, rebuttable by showing no knowledge of untraceability.

Disposal

Upon conviction, the firearm is forwarded to the Colonel of State Police for destruction.

Key Case Law

Commonwealth v. Alcala, 54 Mass. App. Ct. 49 (2002), established the standard for "guilty knowledge" in possession of defaced firearms.

Related Provisions

Section 11A provides definitions. Section 11B establishes the enhanced offense for possessing a defaced-serial-number firearm during a felony. Section 121D regulates 3D printing equipment. Section 121B requires registration of all firearms through the electronic system.

Referendum Status

This is one of the most significantly transformed sections under Chapter 135. A successful repeal would restore the original serial-number-defacement version with lower penalties and eliminate the untraceable firearm prohibition framework.