Serialization – The Trojan Horse of Chapter 135 (H.4885)

As we continue to unravel the “Devil’s Snare” that is Chapter 135, there is dark Trojan Horse that everyone should be made aware of. The serialization standards.

This is a part of Chapter 135 is another one that GOAL has gone over countless times, including consulting with outside resources. The common conclusion is that the only guns that can be lawfully possessed in Massachusetts (After October 24, 2024) are those manufactured prior to October 22, 1968.

While most folks were trying to understand the Assault Style Firearm grandfathering and the new semi-auto restrictions, serialization is actually the crippling ingredient.

As of October 24, 2024, the new law requires any gun manufactured after the 1968 date to have a: “…unique serial number on a firearm frame or receiver; provided, that the serial number shall be placed in a manner not susceptible to being readily obliterated, altered or removed…”

We are not aware of any gun that meets those requirements. We doubt if it is even mechanically possible.

There is a grace period (see below) for the State to set up the serial number request system. That language does not make it clear that there is a grace period for the private gun owner. The grace period language does seem to delay this requirement for one year after the system is available. The catch is, does it delay the registration mandates? Because we cannot “register” a gun that does not meet the serialization standards. Just another example of the “Devil’s Snare”.

Like many parts of Chapter 135, the question lingers as to how is the State going to enforce this? Darn good question.

www.goal.org/gunban

www.goal.org/legal

Chapter 15 Language:

“Serialization”, the process of conspicuously engraving, casting or otherwise permanently embedding a unique serial number on a firearm frame or receiver; provided, that the serial number shall be placed in a manner not susceptible to being readily obliterated, altered or removed and shall be engraved, cast or otherwise permanently embedded to a depth of not less than .003 inches and in a print size not less than 1/16 inch; and provided further, that serialization of 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.

NEW Chapter 140, Section 121C.

(a) All firearms shall have a serial number in accordance with the requirements of this section. To meet serialization requirements all firearms shall be conspicuously engraved, cast or otherwise permanently embedded with a unique serial number on the frame or receiver; provided, that the serial number shall be placed in a manner not susceptible of being readily obliterated, altered or removed and shall be engraved, cast or otherwise permanently embedded to a depth of not less than .003 inches and in a print size not less than 1/16 inch; provided further, that the serialization of 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.

(b) No person shall knowingly possess, manufacture or assemble, cause to be manufactured or assembled, purchase, offer for sale, sell or otherwise transfer or import an untraceable firearm in the commonwealth; provided, however, that lawfully owned firearms imported or acquired by: (i) new residents moving into the commonwealth or acquired by heirs or devisees through distribution of an estate shall be serialized within 60 days of import or acquisition; and (ii) licensed firearms dealers, gunsmiths, distributors or manufacturers shall be serialized within 7 days of import or acquisition.

(g) The requirements of this section shall not apply to firearms: (i) being delivered to law enforcement for the sole purpose of their destruction; (ii) possessed by common carriers and their duly authorized employees and agents while performing the regular and ordinary transport of firearms as merchandise for customers licensed to permit such transport; (iii) possessed by

individuals lawfully traveling through the commonwealth in the care and custody of a nonresident owner provided that the firearms are stored in accordance with sections 131C and 131L; (iv) that are the property of the government of the United States; (v) produced by federally licensed manufacturers not for sale in the commonwealth; or (vi) manufactured prior to October

485 22, 1968.

Government grace period to set up the system:

The department of criminal justice information services shall establish the serial number request system established pursuant to section 121C of chapter 140 of the General Laws, as inserted by section 32, not later than 1 year after the effective date of this act; provided, that all firearms shall be serialized in accordance with this act and not later than 1 year after said serial number request system is completed and publicly available.