If you own a firearm in Massachusetts, you need to understand how to properly store your gun in Massachusetts — or risk criminal charges, fines, and the loss of your License to Carry. Under M.G.L. c. 140, § 131L, every firearm must either be on your person (or under your immediate control) or secured in a locked container or with a tamper-resistant lock. There is no middle ground. Here’s what every gun owner in Eastern Massachusetts needs to know.
What the Law Requires
Massachusetts General Laws Chapter 140, Section 131L makes it illegal to store or keep any firearm, rifle, or shotgun unless it meets one of two conditions:
You are carrying it, or it is under your control
The law does not consider a firearm “stored” if you are physically carrying it or close enough to immediately prevent unauthorized access. Courts have interpreted “carried” to mean actual physical possession — the gun is on your person. “Under your control” means you are close enough to stop someone from touching it right now, not just in the same house.
It is secured in a locked container or equipped with a tamper-resistant lock
If the gun is not on you, it must be locked up. This means a gun safe, a locked case, or a trigger lock that makes the weapon inoperable to anyone except you or another lawfully authorized user (someone who holds a valid LTC or FID).
Leaving a firearm on your nightstand, in a dresser drawer, or on a closet shelf — even in your own home — violates this law. If you set it down and walk to another room, you may already be outside the bounds of what the courts consider “immediate control.”
Penalties for Improper Storage
he consequences for violating § 131L are serious:
- For a standard firearm (non-large capacity), you face a fine between $1,000 and $7,500, imprisonment for up to 1½ years, or both.
- For a large capacity weapon or machine gun, the penalties jump to a fine between $2,000 and $15,000, imprisonment from 1½ years up to 12 years, or both.
- If a minor under 18 gains access to the improperly stored weapon, the penalties increase significantly — up to 12 years in prison and fines up to $15,000, depending on the type of firearm.
Beyond the criminal penalties, a conviction or even a charge can result in the revocation of your License to Carry. The police chief can and will suspend your LTC upon learning of the charge, and you will be required to surrender all firearms in your possession.
If Your LTC Is Revoked, Appeal Immediately
This is the part many gun owners miss. If your LTC is revoked or suspended because of an improper storage charge, you have 90 days from the date you receive the revocation notice to file a petition for judicial review in your local District Court.
Do not wait for the criminal case to resolve first. The 90-day clock starts running the moment you receive the revocation letter, regardless of where the criminal charge stands. If you let that deadline pass without filing, you lose your right to challenge the revocation in court. A revocation that you could have fought becomes permanent by default.
Filing the appeal does not pause the revocation — your LTC remains suspended during the process. But it preserves your ability to argue before a judge that the chief’s decision was wrong.
Traveling With a Firearm in Massachusetts
Gun owners should also understand the rules for transporting firearms in a vehicle. Under Massachusetts law, if you are transporting a firearm, it must be unloaded and stored in a locked container. A locked trunk qualifies. A locked glove compartment is a gray area that courts have not consistently ruled in gun owners’ favor — avoid relying on it.
Under the federal Firearm Owners’ Protection Act (FOPA), 18 U.S.C. § 926A, travelers passing through Massachusetts from one state where they can legally possess a firearm to another are protected, provided they comply with specific requirements: the firearm must be unloaded, and neither the gun nor any ammunition can be readily accessible from the passenger compartment. In vehicles without a separate trunk, both must be in a locked container other than the glove compartment or console.
Keep the firearm and ammunition separated and locked away from the passenger area. Massachusetts takes these requirements seriously, and falling short — even by a small margin — can result in criminal charges.
Protect Yourself
The simplest way to comply with Massachusetts storage law is to follow a basic rule: if the gun is not physically on you, lock it up. A quality gun safe or a reliable trigger lock keeps you on the right side of § 131L.
If you are facing an improper storage charge, or if your LTC has been revoked or suspended, time matters. Contact an experienced Massachusetts firearms attorney who can evaluate your situation, file your appeal within the 90-day window, and fight to protect your rights.
Attorney Matthew Peterson represents gun owners and LTC holders throughout Eastern Massachusetts. If you have questions about firearms storage laws or need help with an LTC appeal, contact the Law Office of Matthew W. Peterson for a consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Attorney Matthew Peterson is not your attorney unless you have signed a retainer agreement with his office. Every legal situation is different, and you should consult with an attorney about the specific facts of your case before taking action.
