Red Flag Law and Weapon Limits in Massachusetts
Whether Massachusetts has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes. A petition for an extreme risk protection order may be filed by a family or household member; the licensing authority where the respondent lives; M.G.L. c. 140, §§121 ('Petitioner'), 131R, 131S(a), (c), 131T(a)
| Red flag law | Yes. A petition for an extreme risk protection order may be filed by a family or household member; the licensing authority where the respondent lives; a law enforcement agency or officer that interacted with the respondent in an official capacity within the past 30 days; a health care provider (including physicians, nurses, psychologists, counselors and social workers) who treated the respondent within the past 6 months; or a school principal, assistant principal or college administrator. The court must hold a hearing within 10 days and grants the order on a preponderance of the evidence. An emergency order may issue without notice and expires 10 days after issuance unless a hearing is held. The respondent must surrender any license/card, firearms and ammunition. The court notifies the petitioner at least 30 days before an order expires, and the petitioner may seek renewal. Hearing and order: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131S; emergency order: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131T. The length of a final order was not found in the text reviewed. |
|---|---|
| Assault weapons and magazine limits | Yes. No person may possess, own, offer for sale, sell, transfer or import an assault-style firearm or a large capacity feeding device. Assault-style firearms lawfully possessed on August 1, 2024 by an LTC holder or licensed dealer may be kept if registered and serialized. Large capacity feeding devices lawfully possessed on September 13, 1994 may be kept only on the owner's private property, at ranges or competitions, at a dealer for repair, or while traveling to and from those places, stored unloaded in a locked container. Penalties: 1 to 10 years and/or $1,000-$10,000 for a first offense. Bump stocks, rapid-fire trigger activators and trigger modifiers are also banned. 'Assault-style firearm' and 'large capacity feeding device' are defined in c. 140, §121. |
More Massachusetts gun laws
- Concealed Carry in Massachusetts
- Open Carry in Massachusetts
- Buying a Gun in Massachusetts
- All Massachusetts gun laws rules
FAQ
Does Massachusetts have a red flag law?
Yes. A petition for an extreme risk protection order may be filed by a family or household member; the licensing authority where the respondent lives; a law enforcement agency or officer that interacted with the respondent in an official capacity within the past 30 days; a health care provider (including physicians, nurses, psychologists, counselors and social workers) who treated the respondent within the past 6 months; or a school principal, assistant principal or college administrator. The court must hold a hearing within 10 days and grants the order on a preponderance of the evidence. An emergency order may issue without notice and expires 10 days after issuance unless a hearing is held. The respondent must surrender any license/card, firearms and ammunition. The court notifies the petitioner at least 30 days before an order expires, and the petitioner may seek renewal.
Does Massachusetts ban assault weapons or high-capacity magazines?
Yes. No person may possess, own, offer for sale, sell, transfer or import an assault-style firearm or a large capacity feeding device. Assault-style firearms lawfully possessed on August 1, 2024 by an LTC holder or licensed dealer may be kept if registered and serialized. Large capacity feeding devices lawfully possessed on September 13, 1994 may be kept only on the owner's private property, at ranges or competitions, at a dealer for repair, or while traveling to and from those places, stored unloaded in a locked container. Penalties: 1 to 10 years and/or $1,000-$10,000 for a first offense. Bump stocks, rapid-fire trigger activators and trigger modifiers are also banned.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.