§ 128A — Application of Sec. 128

Massachusetts § 128A

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XX: PUBLIC SAFETY AND GOOD ORDER
• Ch. 140: LICENSES

Text

[ Text of section effective until October 2, 2024. For text effective October 2, 2024, see below.]Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (o), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D and the purchaser has, in the case of sale or transfer of a firearm, a permit to purchase issued under the provisions of section one hundred and thirty-one A and a firearm identification card issued under section one hundred and twenty-nine B, or has such permit to purchase and is an exempt person under the provisions of section one hundred and twenty-nine C, or has been issued a license to carry firearms under the provisions of section one hundred and thirty, or in the case of sale or transfer of a rifle or shotgun, the purchaser has a firearm identification card or a license to carry firearms or is an exempt person as hereinbefore stated. Any sale or transfer conducted pursuant to this section shall comply with section 131E and shall, prior to or at the point of sale, be conducted over a real time web portal developed by the department of criminal justice information services. The department of criminal justice information services shall require each person selling or transferring a firearm, shotgun or rifle pursuant to this section to electronically provide, though the portal, such information as is determined to be necessary to verify the identification of the seller and purchaser and ensure that the sale or transfer complies with this section. Upon submission of the required information, the portal shall automatically review such information and display a message indicating whether the seller may proceed with the sale or transfer and shall provide any further instructions for the seller as determined to be necessary by the department of criminal justice information services. The department of criminal justice information services shall keep a record of any sale or transfer conducted pursuant to this section and shall provide the seller and purchaser with verification of such sale or transfer.Chapter 140: Section 128A. Application of Sec. 131[ Text of section as amended by 2024, 135, Sec. 41 effective October 2, 2024. For text effective until October 2, 2024, see above.]Section 128A. (a) A person with a license to carry under section 131 may sell or transfer firearms and ammunition and a person with a firearm identification card under section 129B may sell or transfer rifles and shotguns that are not large capacity or semiautomatic and ammunition to: (i) a person with a license to sell issued under section 122; (ii) a federally licensed firearms dealer; or (iii) a federal, state or local historical society, museum or institutional collection open to the public, without an annual limit on transfers.(b) A person with a license to carry under section 131 may sell or transfer firearms and ammunition therefor and a person with a firearm identification card under section 129B may sell or transfer rifles and shotguns that are not large capacity or semi-automatic and ammunition therefor to the following; provided, however, that no more than 4 firearm transfers shall occur per calendar year:(i) a person with a license to carry under section 131;(ii) an exempted person if permitted under section 129C; and(iii) a person with a firearm identification card under section 129B; provided, however, that for transfers and purchases of firearms that are not rifles and shotguns that are not large capacity or semiautomatic, the transferee shall also have a valid permit to purchase under section 131A.(c) An heir or devisee upon the death of a firearm or ammunition owner, a person in the military, police officers and other peace officers, a veteran's organization and historical society, museums and institutional collections open to the public may:(i) sell or transfer firearms and ammunition therefor, to a federally licensed firearms dealer, or a federal, state or local historical society, museum or institutional collection open to the public; and(ii) sell or transfer no more than 4 firearms and ammunition therefor per calendar year to: (A) a person with a license to carry under section 131; (B) an exempted person under section 129C; or (C) a person with a firearm identification card under section 129B; provided, however, that for transfers and purchases of firearms that are not rifles and shotguns that are not large capacity or semi-automatic, the transferee shall have a valid permit to purchase under section 131A.(d) A person with a license to carry under section 131 may purchase or transfer firearms and ammunition therefor from a dealer licensed under section 122 or a person permitted to sell under this section.(e) A person with a firearm identification card under section 129B who is over 18 years of age may purchase or transfer rifles and shotguns that are not large capacity or semi-automatic and ammunition therefor from a dealer licensed under section 122 or a person permitted to sell under this section.(f) A bona fide collector of firearms may purchase a firearm that was not previously owned or registered in the commonwealth from a dealer licensed under section 122 if it is a curio or relic firearm as defined in section 121.(g) All purchases, sales or transfers of a firearm permitted under this section shall, prior to or at the point of sale, be conducted through the electronic firearms registration system pursuant to section 121B. The department of criminal justice information services shall require each person selling or transferring a firearm pursuant to this section to electronically provide, through the electronic firearms registration system, such information as is determined to be necessary to verify the identification of the seller and purchaser and ensure that the sale or transfer complies with this section. Upon submission of the required information, the electronic firearms registration system shall automatically review such information and display a message indicating whether the seller may proceed with the sale or transfer and shall provide any further instructions for the seller as determined to be necessary by the department of criminal justice information services. The electronic firearms registration system shall keep a record of any sale or transfer conducted pursuant to this section and shall provide the seller and purchaser with verification of such sale or transfer.