§ 122B — Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties

[ Text of section effective until October 2, 2024. For text effective October 2, 2024, see below.]Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility to be licensed under this section, grant a license to any person, except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell ammunition. Every license shall specify the street and number, if any, of the building where the business is to be carried on. The licensing authority to whom such application is made shall cause one copy of the application to be forwarded to the commissioner of the department of criminal justice information services, who shall within a reasonable time thereafter advise such authority in writing of any criminal record disqualifying the applicant. The fee for an application for a license to sell ammunition shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. The licensing authority to whom such application is made shall cause one copy of any approved application to be forwarded to the commissioner of the department of criminal justice information services.Any lawfully incorporated sporting or shooting club shall, upon application, be licensed to sell or supply ammunition for regulated shooting on their premises, as for skeet, target or trap shooting; provided, however, that such club license shall, in behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who himself possesses a firearm identification card or a license to carry a firearm and who would not be disqualified to receive a license to sell ammunition in his own right. The licensing authority may revoke or suspend a license to sell ammunition for violation of any provision of this chapter.The secretary of the executive office of public safety may establish such rules and regulations as he may deem necessary to carry out the provisions of this section.Any person refused a license under this section or once issued a license under this section has had said license suspended or revoked may obtain a judicial review of such refusal, suspension or revocation by filing within thirty days of such refusal, suspension or revocation a petition for review thereof in the district court having jurisdiction in the city or town in which the applicant filed for such license, and a justice of said court, after a hearing, may direct that a license be issued the applicant if satisfied there was no reasonable ground for refusing such license and that the applicant was not prohibited by law from holding the same.Whoever not being licensed, as hereinbefore provided, sells ammunition within the commonwealth shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years.Chapter 140: Section 122B. Sporting or shooting clubs; sale or supply of ammunition; storage and use of large capacity firearms; targets; removal of large capacity firearms; annual report; inspection; rules and regulations; penalties[ Text of section as amended by 2024, 135, Sec. 34 effective October 2, 2024. For text effective until October 2, 2024, see above.]Section 122B. (a) Any lawfully incorporated sporting or shooting club shall, upon application to the licensing authority, and in accordance with section 121F, be eligible to be licensed to sell or supply ammunition for regulated shooting on their premises, such as for skeet, target or trap shooting; provided, however, that such club license shall, on behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who possesses a license to carry or firearm identification card and who would not be disqualified to receive a license or card under said section 121F.(b) A club or facility, incorporated under the laws of the commonwealth, with an on-site shooting range or gallery, may be licensed by the state police, after an investigation, for the possession, storage and use of large capacity firearms, ammunition therefor and large capacity feeding devices for use on the premises of the club; provided, however, that not less than 1 shareholder of the club shall be qualified and suitable to be issued a license to carry under section 121F; and provided further, that such large firearms may be used under the club license only by a member that possesses a valid license to carry firearms issued pursuant to section 131, or by such other person that the club permits while under the direct supervision of a certified firearms safety instructor or club member who possesses a valid license to carry firearms.(c) The club shall:(i) not permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images thereof, except by public safety personnel performing in line with their official duties;(ii) not allow the removal of any large capacity firearm from the premises except as permitted by law in order to: (A) transfer to a licensed dealer; (B) transport to a licensed gunsmith for repair; (C) transport to target, trap or skeet shoot on the premises of another club incorporated under the laws of the commonwealth; (D) transport to attend an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a national or state recognized entity that promotes proficiency in or education about semiautomatic firearms; (E) hunt pursuant to chapter 131; or (F) surrender the firearm pursuant to section 131O;(iii) secure in a locked container and unload during any lawful transport under section 131C all large capacity firearms or feeding devices kept on the premises when not in use;(iv) annually file a report with the colonel of the state police and the commissioner of the department of criminal justice information services listing all large capacity firearms and large capacity feeding devices owned or possessed under the license; and(v) permit the colonel to inspect all firearms owned or possessed by the club upon request during regular business hours.(d) The secretary of public safety and security may establish such rules and regulations as the secretary may deem necessary to carry out the provisions of this section.(e) Whoever not being licensed, as provided in section 122 or this section, sells ammunition within the commonwealth shall be punished by a fine of not less than $500 nor more than $1,000 dollars or by imprisonment for not less than 6 months nor more than 2 years.