§ 129D — Surrender of firearms and ammunition to licensing authority upon denial of application for, or revocation of, identification card or license; right to transfer; sale by colonel of state police; rules and regulations

Massachusetts § 129D

• 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 129D. Upon revocation, suspension or denial of an application for a firearm identification card pursuant to section 129B or for any firearms license if the firearm identification card is not then in force or for any machine gun license, the person whose application was so revoked, suspended or denied shall without delay deliver or surrender to the licensing authority where the person resides all firearms, rifles, shotguns and machine guns and ammunition which the person then possesses unless an appeal of the revocation or suspension is pending. The person or the person's legal representative shall have the right, at any time up to 1 year after the delivery or surrender, to transfer the firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of the firearms, rifles, shotguns and machine guns and ammunition and, upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within 10 days deliver the firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and the licensing authority shall observe due care in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition; provided, however, that the purchaser or transferee shall affirm in writing that the purchaser or transferee shall not in violation of section 129C transfer the firearms, rifles, shotguns or machine guns or ammunition to the former owner. The licensing authority shall at the time of delivery or surrender inform the person in writing of the authority's ability, within 1 year after delivery or surrender, to transfer the firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or other person legally permitted to purchase or take possession.The licensing authority, after taking possession of any firearm, rifle, shotgun, machine gun or ammunition by any means, may transfer possession of such weapon for storage purposes to a federally and state licensed dealer of such weapons and ammunition who operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure storage of firearms and a weapon box or similar container for the secure storage of other weapons and ammunition; provided, however, that the licensing authority shall not transfer to such dealer possession of any weapon that is or may be evidence in any current or pending criminal case concerning a violation of any general or special law, rule or regulation governing the use, possession or ownership of such weapon. Any such dealer that takes possession of a weapon under the provisions of this section shall: (i) inspect such weapon; (ii) issue to the owner a receipt indicating the make, model, caliber, serial number and condition of each weapon so received; and (iii) store and maintain all weapons so received in accordance with such regulations, rules or guidelines as the secretary of the executive office of public safety may establish under this section. The owner shall be liable to such dealer for reasonable storage charges and may dispose of any such weapon as provided under this section by transfer to a person lawfully permitted to purchase or take possession of such weapon.Firearms, rifles, shotguns or machine guns and ammunition not disposed of after delivery or surrender according to the provisions of this section shall be sold at public auction by the colonel of the state police to the highest bidding person legally permitted to purchase and possess said firearms, rifles, shotguns or machine guns and ammunition and the proceeds shall be remitted to the state treasurer. Any such weapon that is stored and maintained by a licensed dealer as provided under this section may be so auctioned at the direction of: (i) the licensing authority at the expiration of one year following initial surrender or delivery to such licensing authority; or (ii) the dealer then in possession, if the storage charges for such weapon have been in arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer for the purpose of transferring ownership to the auctioneer; and provided further, that in either case, after deduction and payment for storage charges and all necessary costs associated with such surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of such weapon; provided, however, that no firearm, rifle, shotgun or machine gun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q shall be sold at public auction pursuant to this section.If the licensing authority cannot reasonably ascertain a lawful owner within 180 days of acquisition by the authority, the authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms, rifles, shotguns or machine guns or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or transfer shall be remitted or credited to the municipality in which the authority presides to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; provided, however, that no firearm, rifle, shotgun or machine gun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q shall be considered surplus, donated, abandoned or junk for the purposes of this section.The secretary of the executive office of public safety may make and promulgate such rules and regulations as are necessary to carry out the provisions of this section.Chapter 140: Section 129D. Surrender of firearms and ammunition to licensing authority upon denial of application for, or revocation of, identification card or license; right to transfer; sale by colonel of state police; auction of firearm or ammunition stored and maintained by licensed dealer; trade or disposal of surplus, donated, abandoned or junk firearms or ammunition; delivery or surrender or seizure of firearms and ammunition; rules and regulations[ Text of section as amended by 2024, 135, Sec. 46 effective October 2, 2024. For text effective until October 2, 2024, see above.]Section 129D. (a) Upon revocation, suspension or denial of an application for any license or card issued pursuant to sections 129B, 131 or 131F the person whose application was so revoked, suspended or denied shall, without delay, deliver or surrender to the licensing authority where the person resides all firearms or ammunition which are registered to the person or that the person then possesses and shall report such delivery or surrender to the electronic firearms registration system pursuant to section 121B. The person or the person's legal representative shall have the right, at any time up to 1 year after the delivery or surrender, to transfer the firearms and ammunition, notwithstanding the limits on private firearm transfers in section 128A, to a licensed dealer or to a person legally permitted to purchase or take possession of the firearms and ammunition and, upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within 10 days deliver the firearms and ammunition to the transferee or purchaser and the licensing authority shall observe due care in the receipt and holding of any such firearm or ammunition; provided, however, that the purchaser or transferee shall affirm in writing that the purchaser or transferee shall not transfer the firearms or ammunition to the former owner; provided, however, that such transfer shall not be permitted if the firearm may be evidence in any pending criminal investigation. The licensing authority shall at the time of delivery or surrender inform the person in writing of their right to request a transfer in accordance with this paragraph.(b) The licensing authority, after taking possession of any firearm or ammunition by any means, may transfer possession for storage purposes to a federally licensed firearms dealer who operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure storage of firearms and a weapon box or similar container for the secure storage of ammunition; provided, however, that the licensing authority shall not transfer to such dealer possession of any firearm or ammunition that may be evidence in any pending criminal investigation. Any such dealer that takes possession of a firearm or ammunition pursuant to this section shall: (i) inspect the firearm or ammunition; (ii) issue to the owner a receipt indicating the make, model, caliber, serial number and condition of each firearm or ammunition so received; and (iii) store and maintain all firearms and ammunition so received in accordance with such regulations, rules or guidelines as the secretary of the executive office of public safety and security may establish under this section. The owner shall be liable to such dealer for reasonable storage charges.(c) Firearms and ammunition not disposed of within 1 year of delivery or surrender pursuant to this section shall be sold at public auction by the colonel of the state police to the highest bidding person legally permitted to purchase and possess said firearms and ammunition and the proceeds shall be remitted to the General Fund.(d) Any such firearm or ammunition that is stored and maintained by a licensed dealer may be so auctioned pursuant to subsection (c) at the direction of: (i) the licensing authority at the expiration of 1 year following initial surrender or delivery to such licensing authority; or (ii) the dealer then in possession, if the storage charges for such firearm or ammunition have been in arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer for the purpose of transferring ownership to the auctioneer; provided further, that in either case, after deduction and payment for storage charges and all necessary costs associated with such surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of such firearm or ammunition; provided, however, that any firearm or ammunition identified pursuant to section 131Q as having been used to carry out a criminal act and any firearm or ammunition prohibited by law from being owned or possessed within the commonwealth shall not be sold at public auction pursuant to this section and shall instead be destroyed by the colonel of the state police.(e) Unless otherwise required in this chapter, if the licensing authority cannot reasonably ascertain a lawful owner within 180 days of acquisition by the licensing authority, the licensing authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or transfer shall be remitted or credited to the municipality in which the licensing authority presides to purchase firearms, equipment or supplies or for violence reduction or suicide prevention; provided, however, that no firearm or ammunition identified pursuant to section 131Q as having been used to carry out a criminal act shall be considered surplus, donated, abandoned or junk for the purposes of this section.(f) The licensing authority shall report the delivery or surrender or seizure of firearms and ammunition pursuant to sections 131R to 131Y, inclusive, to the department of criminal justice information services via the electronic firearms registration system. The report shall include the following information: (i) date of delivery, surrender or seizure; (ii) make, model, serial number and caliber of the firearm delivered, surrendered or seized and any identifying information for ammunition delivered, surrendered or seized; (iii) grounds for surrender or seizure; (iv) whether the firearm or ammunition is prohibited by law from being owned or possessed in the commonwealth; (v) whether the firearm or ammunition was classified as having been used to carry out a criminal act; (vi) information on the possession, storage, transfer, sale and any income derived therefrom; and (vii) the destruction or other disposition of the firearm or ammunition. Upon submission of this information, the system shall automatically report back to the licensing authority whether the firearm is registered, serialized, reported lost or stolen or potential evidence in a pending criminal investigation.(g) The secretary of the executive office of public safety and security may promulgate rules and regulations as necessary to carry out this section.