According to the 2nd Amendment to the United States Constitution, every American has the right to keep and bear arms. There are, however, several federal and state laws and statutes that specify a number of conditions whereby an individual is ineligible to possess a firearm. In general, these conditions include mental health concerns, substance abuse/use, a criminal record, and a history of domestic violence. 

Let’s review what Massachusetts law requires for gun ownership and use and what conditions would disqualify a person from owning and keeping a gun. 

man with forearm in front pocket with his hand on firearm

Federal Gun Laws

United States federal law establishes a national standard regarding individuals’ eligibility to acquire and possess firearms. If a person has a clean record of mental health and no criminal history, there is no reason for any citizen to be denied an application for gun ownership and possession. 

According to Gifford’s Law Center research, federal law prohibits citizens from purchasing or possessing firearms if they have been convicted of a felony, some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition. 

Massachusetts state gun laws are generally much broader and cover some gaps in the federal laws as to who and what conditions regard a citizen ineligible to own and possess a gun. 

Certificate of Firearms License

Massachusetts Gun Laws and Disqualifiers

Massachusetts generally requires citizens who wish to purchase or possess a firearm to obtain a Firearm Identification Card (FIC) or a License to Carry after a background check has been completed.

Citizens who are restricted from obtaining these forms include people who fall into the following categories: past convictions, mental health and substance abuse issues, and restraining orders/arrest warrants. 

More specifically, disqualifiers include the following conditions: 

  • Those who have been convicted of a felony or as a youthful offender adjudicated in the commission of a felony. 
  • Those who have been convicted of a misdemeanor punishable by imprisonment for more than two years.
  • Those who have been convicted of violent crime as defined by Massachusetts Law Mass. Gen. Laws ch. 140, § 121.
  • Those who have violated any law regulating the use, possession or sale of controlled substances.
  • Those who have violated any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed.
  • Those who have been committed to a hospital for mental illness, alcohol or substance abuse issues. 
  • Those who have been dishonorably discharged from any branch of the armed forces of the United States.
  • Those who are subject to an outstanding arrest warrant in any state or federal jurisdiction. 

The State of Massachusetts also imposes a minimum age requirement to gain access to a License to Carry or a Firearm Identification Card. In MA, no one under 18 years of age may purchase a firearm or ammunition, and no one under 21 years of age may purchase a handgun, large-capacity weapon or large-capacity feeding device. For more details about age requirements for the use and possession of firearms in specific cases please see the Massachusetts gun ownership and use guide

For more information about firearm requirements, disqualifiers and charges, contact the team at the Law Office of Patrick Conway in Salem, Massachusetts.