Chapter 135 (H.4885): Non-Residents

The following should not be taken as legal advice.

GOAL is warning out of state gun owners to not enter Massachusetts with any type of firearm, magazines, ammunition, ammunition components, pepper spray, stun guns, and Tazers for any purpose other than traveling through unless you have acquired a Temporary License to Carry Firearms by the Commonwealth of Massachusetts.

Non-Resident Licensing:

Warning: Frames and receivers, including unfinished, are considered firearms in Massachusetts. Possession of an unserialized unfinished frame or reciever is punishable by up to 2 1/2 years in prison even if licensed.

“Unfinished frame or receiver”, a forging, casting, printing, extrusion, machined body or similar item that: (i) has reached a stage in manufacture when it may readily be completed or assembled to function as a frame or receiver; or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed or assembled; provided, however, that “unfinished frame or receiver” shall not include a component designed and intended for use in an antique firearm.

• Possession of an "Assault Style Firearm" or "Large Capacity Feeding Device" without special licensing carries a 10 year prison sentence. 
• Antique Firearms - Creates a separate definition for “Antique Firearm”. Clarifies where a license is required to possess antiques/muzzle loaders. Any that use a modern primer or other ammunition component is considered a modern firearm and requires a license to possess.
• Repealed the exemption of muzzle loader ammunition components (black powder, etc.) without a license.
• Strikes out “alien that resides outside the commonwealth” and replaces it with: a citizen or national of the United States or a person who maintains legal permanent residency.
• No longer exempt from licensing requirements for possessing handguns and any semi-automatic firearms for any purpose including competition.

Non- Resident Hunting:

• Must register their firearms with the Commonwealth prior to entering the state.
• Bans the possession of semi-automatic firearms (including rifles and shotguns).
• Bans any non-resident under 18 from hunting in Massachusetts.
• Non-residents, even those with a temporary license to carry, cannot purchase ammunition or ammunition part in the Commonwealth. (This has been the case since 1998, but was reaffirmed in Chapter 135.)
• Any muzzle loader that uses a modern primer or other component will be considered a modern firearm, thus a license and registration is required.
• There is some language in line #1306 of the bill about hunting licenses: “The colonel of the state police shall determine those states with substantially similar requirements to those of the commonwealth for a firearm identification card under section 129C and a hunting license under section 11 of chapter 131 and shall annually publish a list of those states.”

Registration/Serialization:

• Must register all guns, including stun guns and Tazers, prior to entering the state for any purpose other than travel.
• Must meet all of the new “serialization” standards.
• All firearms, frames and receivers shall have a serial number. Excludes pre-1968.
• Serial numbers must be placed in a manner not susceptible of being readily obliterated, altered or removed.
• Firearms, frames and receivers made from non-metallic materials shall be accomplished by using a metal plate permanently embedded in the material of the frame or receiver. 

Storage and Transportation:

• Must meet new storage/transportation standards upon entering in the state, other than for traveling through under certain conditions.
• Semi-automatics now fall in the Assault Style Firearm category only for storage/transportation.

Training Required for Licenses:

• Non-residents would likely have to travel to Massachusetts to take a course as it is unlikely to be taught anywhere else.
• It appears that if they currently hold a non-resident license prior to August 1, 2024 they are grandfathered for renewals only.
• The colonel of state police, in consultation with the municipal police training committee, shall create a new training curriculum. Must include at minimum:

o  Injury prevention.

o  Suicide prevention.

o  Disengagement tactics.

o  Live fire.

o  Completion of a written exam.

o  Anything else they deem necessary.

• The colonel shall create a written examination and establish minimum requirements to pass.             
• It appears that the state will send the certificate to successful students.
• Licensing authority must confirm with the state that a certificate has been issued prior to processing a license application.