While all guns are not illegal in Massachusetts (even though it feels like it), many are. Massachusetts is known for having some of the strictest gun laws in the United States, and recent changes to the legal framework make it essential for gun owners to stay informed. With the passage of An Act Modernizing Firearm Laws (H.4885) in July 2024, the state introduced significant new regulations. This blog will discuss the types of guns that are illegal in Massachusetts, even with a license to carry, and highlight key changes brought by the new law. Failure to
DISCLAIMER: While I am an attorney, I am not your attorney. Do not simply rely on this blog to determine whether your specific guns are illegal in your situation. Consult with a legal professional or police prior to any purchase or bringing any firearms within Massachusetts. Failure to abide by these regulations could lead to significant penalties, including jail time.
- Assault Weapons
Massachusetts has long prohibited assault weapons, following the guidelines of the now-expired federal ban. Firearms classified as semi-automatic and resembling military-style rifles, such as AR-15s and AK-47s, are illegal unless owned before the state’s ban in 1998. With the new law, this prohibition is reinforced, meaning you cannot buy, sell, or manufacture newly produced assault weapons. However, firearms legally owned before 1998 are exempt under certain conditions.
- High-Capacity Magazines
High-capacity magazines, defined as magazines that hold more than 10 rounds of ammunition for firearms or five rounds for shotguns, remain illegal under the new law. Magazines produced before the 1998 ban are exempt, but buying, selling, or manufacturing new high-capacity magazines is prohibited. Massachusetts has particularly emphasized restricting untraceable or older magazines that may not have serial numbers.
- Machine Guns
Machine guns, which are firearms capable of firing multiple rounds with a single trigger pull, are illegal in Massachusetts. The new law continues to restrict these firearms to law enforcement officers and licensed professionals, such as gunsmiths or collectors with a federal license.
- Sawed-Off Shotguns
Sawed-off shotguns, defined as shotguns with a barrel length of fewer than 18 inches, are among the guns that are illegal in Massachusetts. Violating this law can result in severe penalties, including imprisonment.
- Silencers
Silencers, or suppressors, which are used to reduce the noise and recoil of a firearm, remain illegal in Massachusetts under both federal and state law. While some states permit their use under strict regulations, Massachusetts continues to prohibit civilians from owning or using them.
- Improvised or Homemade Firearms (“Ghost Guns”)
Ghost guns, or homemade firearms without serial numbers, are now regulated under Massachusetts’ new law. This law mandates that all homemade firearms must be serialized and treated like any other firearm. Individuals who own ghost guns must now ensure that their firearms are properly documented and comply with state regulations. Failure to do so could result in serious legal consequences.
- New Age Restrictions for Semi-Automatic Rifles
The legal age to own semi-automatic rifles has increased from 18 to 21, aligning the ownership requirements with those for handguns. This change aims to reduce gun-related violence among younger individuals by imposing stricter controls on rifle ownership.
- Firearms Without Safety Features
Massachusetts enforces stringent safety regulations on the sale of firearms. Any firearm sold in the state must meet safety standards, including trigger locks and tamper-proof devices. The state attorney general’s office maintains a list of approved firearms, and guns that do not meet these safety requirements are illegal to sell in Massachusetts.
- New Restrictions Near Polling Places
The new law also introduces a ban on carrying firearms within 150 feet of polling places. This restriction is particularly relevant during elections and applies even to those with a valid License to Carry (LTC).
Conclusion
The new gun law in Massachusetts brings important updates to an already overbearing framework of firearm regulations. Assault weapons, high-capacity magazines, machine guns, sawed-off shotguns, silencers, and ghost guns are all prohibited, and stricter controls have been placed on semi-automatic rifle ownership and firearm safety features. For gun owners in Massachusetts and out of state, staying informed and compliant with these laws is essential to avoid penalties. Always check state and local regulations, as they continue to evolve.
If you have questions or are looking to get your license to carry, feel free to reach out to us at 617-295-7500 for a consultation!