M.G.L.A. 140 § 129B
MASSACHUSETTS GENERAL LAWS ANNOTATED 
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XX. PUBLIC SAFETY AND GOOD ORDER
CHAPTER 140. LICENSES
SALE OF FIREARMS

§ 129B. Firearm identification cards; conditions and restrictions
A firearm identification card shall be issued and possessed subject to the following conditions and restrictions:
(1) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a firearm identification card, or renewal of the same, which the licensing authority shall issue, unless the applicant:
(i) has ever, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of: (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of 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; or (e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C; provided, however, that except for the commission of a violent crime or a crime involving the trafficking of controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, such applicant's right or ability to possess a non-large capacity rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and such conviction or adjudication shall not disqualify such applicant for a firearm identification card;
(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of: (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of 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; or (e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C; provided, however, that, except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, and such applicant's right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, such conviction or adjudication shall not disqualify such applicant for a firearm identification card;(iii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun;
(iv) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, in which case he may make application for such card after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by such physician to the effect that such physician knows the applicant's history of treatment and that in such physician's opinion the applicant is deemed cured;
(v) is at the time of the application less than 15 years of age;
(vi) is at the time of the application more than 15 but less than 18 years of age, unless the applicant submits with his application a certificate of his parent or guardian granting the applicant permission to apply for a card;
(vii) is an alien;
(viii) is currently subject to: (a) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (b) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or
(ix) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
(2) Within seven days of the receipt of a completed application for a card, the licensing authority shall forward one copy of the application and one copy of the applicant's fingerprints to the colonel of state police, who shall, within 30 days, advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a card; provided, however, that the taking of fingerprints shall not be required in issuing the renewal of a card if the renewal applicant's fingerprints are on file with the department of state police. In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of mental health, department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. If the information available to the colonel does not indicate that the possession of a non-large capacity rifle or shotgun by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within such 30 day period.(3) The licensing authority may not prescribe any other condition for the issuance of a firearm identification card and shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such card shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a rifle or shotgun by the applicant would be in violation of state or federal law.
(4) A firearm identification card shall be revoked or suspended by the licensing authority or his designee upon the occurrence of any event that would have disqualified the holder from being issued such card or from having such card renewed or for a violation of a restriction provided under this section. Any revocation or suspension of a card shall be in writing and shall state the reasons therefor. Upon revocation or suspension, the licensing authority shall take possession of such card and receipt for fee paid for such card, and the person whose card is so revoked or suspended shall take all action required under the provisions of section 129D. No appeal or post-judgment motion shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended card may be reinstated only upon the termination of all disqualifying conditions.
(5) Any applicant or holder aggrieved by a denial, revocation or suspension of a firearm identification card, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receipt of notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit in which the licensing authority is required to respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for or was issued such card. A justice of such court, after a hearing, may direct that a card be issued or reinstated to the petitioner if the justice finds that such petitioner is not prohibited by law from possessing such card.
(6) A firearm identification card shall not entitle a holder thereof to possess: (i) a large capacity firearm or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range; or (ii) a non-large capacity firearm or large capacity rifle or shotgun or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A or Class B license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range. A firearm identification card shall not entitle a holder thereof to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law. A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate. Except as otherwise provided herein, a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of a rifle or shotgun if such rifle or shotgun is a large capacity weapon as defined in section 121.(7) A firearm identification card shall be in a standard form provided by the executive director of the criminal history systems board and shall contain an identification number, name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the cardholder and shall be marked "Firearm Identification Card". If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only. The application for such card shall be made in a standard form provided by the executive director of the criminal history systems board which shall require the applicant to affirmatively state, under the pains and penalties of perjury, that he is not disqualified on any of the grounds enumerated in clauses (i) to (ix), inclusive, from being issued such card.
(8) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.
(9) A firearm identification card shall be valid, unless revoked or suspended, for a period of not more than four years from the date of issue and shall expire on the anniversary of the cardholder's date of birth occurring not less than three years but not more than four years from the date of issue. Any renewal thereof shall expire on the anniversary of the cardholder's date of birth occurring not less than three years but not more than four years from the effective date of such card. Any card issued to an applicant born on February 29 shall expire on March 1. The executive director of the criminal history systems board shall send by first class mail to the holder of each such firearm identification card, a notice of the expiration of such card not less than 90 days prior to such expiration, and shall enclose therein a form for the renewal of such card. The executive director of the criminal history systems board shall include in his notice all pertinent information relative to the penalties that may be imposed in the event that such firearm identification card is not renewed within the 90 days prior to expiration. The fee for such application shall be $25, which fee shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain one-half of such fee and the remaining portion shall be deposited into the Firearms Record Keeping Fund established under section 2SS of chapter 29; provided, however, that any renewal applicant for a firearm identification card issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be subject to such application fee.
(10) Any person over the age of 70 shall be exempt from the requirement of paying a renewal fee for a firearm identification card.
(11) A cardholder shall notify, in writing, the licensing authority that issued such card, the chief of police into whose jurisdiction such cardholder moves and the executive director of the criminal history systems board of any change of address. Such notification shall be made by certified mail within 30 days of its occurrence. Failure to so notify shall be cause for revocation or suspension of such card.(12) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a non-large capacity rifle or shotgun whose firearm identification card issued under this section is invalid for the sole reason that it has expired, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of said section 10 of said chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if: (i) such firearm identification card has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; (ii) revocation or suspension of such firearm identification card is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or (iii) an application for renewal of such firearm identification card has been denied. Any law enforcement officer who discovers a person to be in possession of a rifle or shotgun after such person's firearm identification card has expired or has been revoked or suspended solely for failure to give notice of a change of address shall confiscate any rifle or shotgun and such expired or suspended card then in possession, and such officer shall forward such card to the licensing authority by whom it was issued as soon as practicable. Any confiscated weapon shall be returned to the owner upon the renewal or reinstatement of such expired or suspended card within one year of such confiscation or such weapon may be otherwise disposed of in accordance with the provisions of section 129D. Pending the issuance of a renewed firearm identification card, a receipt for the fee paid, after five days following issuance, shall serve as a valid substitute and any rifle or shotgun so confiscated shall be returned, unless the applicant is disqualified. The provisions of this paragraph shall not apply if such person has a valid license to carry firearms issued under section 131 or 131F.
(13) Upon issuance of a firearm identification card under this section, the licensing authority shall forward a copy of such approved application and card to the executive director of the criminal history systems board, who shall inform the licensing authority forthwith of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of a firearm identification card under this section.
(14) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law.
(15) The secretary of the executive office of public safety, or his designee, may promulgate regulations to carry out the purposes of this section.CREDIT(S)
1991 Main Volume
Added by St.1968, c. 737, § 7. Amended by St.1969, c. 799, § 7; St.1971, c. 225; St.1972, c. 312, §§ 1, 2; St.1976, c. 239; St.1989, c. 339.
1999 Electronic Update
Amended by St.1994, c. 24, §§ 1, 2; St.1996, c. 151, § 317; St.1996, c. 200, § 27; St.1998, c. 180, § 29; St.1998, c. 358, § 4.
> <General Materials (GM) - References, Annotations, or Tables>HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1999 Electronic Update
1994 Legislation
St.1994, c. 24, § 1, by § 11 made effective July 1, 1994, in the first paragraph, added cl. (g).
Section 2 of St.1994, c. 24, in the third paragraph, inserted "unless a hearing has previously been held pursuant to section three B of chapter two hundred and nine A".
St.1994, c. 24, was approved May 25, 1994. Emergency declaration by the Governor was filed June 7, 1994.
1996 Legislation
St.1996, c. 151, § 317, approved June 30, 1996, and by § 690 made effective July 1, 1996, in the fourth paragraph, in the first and second sentences, purported to substitute "executive director of the criminal history systems board" for "commissioner of public safety" but apparently intended to substitute "executive director of the criminal history systems board" for "commissioner"; and, in the fifth paragraph, in the third sentence, substituted "executive director of the criminal history systems board" for "commissioner of public safety".
St.1996, c. 200, § 27, an emergency act, approved July 27, 1996, and by § 39 made effective Oct. 1, 1996, in the first paragraph, added cl. (h).1998 Legislation
St.1998, c. 180, § 29, approved July 23, 1998, rewrote the section, which prior thereto read:
"Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority application for a firearm identification card, which such person shall be entitled to, unless the applicant (a) has within the last five years been convicted of a felony in any state or federal jurisdiction, or within that period has been released from confinement where such person was serving a sentence for a felony conviction, or (b) has been confined to any hospital or institution for mental illness, except where the applicant shall submit with the application an affidavit of a registered physician that he is familiar with the applicant's history of mental illness and that in his opinion the applicant is not disabled by such illness in a manner which should prevent his possessing a firearm, rifle or shotgun, or (c) has within the last five years been convicted of a violation of any state or federal narcotic or harmful drug law, or within that period has been released from confinement for such a conviction; or is or has been under treatment for or confinement for drug addiction or habitual drunkenness, except when he is deemed to be cured of such condition by a registered physician, he may make application for said card after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by said physician to the effect that the physician knows the applicant's history of treatment and that in his opinion the applicant is deemed cured, or (d) is at the time of the application under the age of fifteen, or (e) is at the time of the application fifteen years of age or over but under the age of eighteen, except where the applicant submits with his application a certificate of his parent or guardian granting the applicant permission to apply for a card, or (f) is an alien or, (g) is currently the subject of an order issued pursuant to section three B of chapter two-hundred and nine A, or (h) has within the last five years been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who did not receive an adult sentence, or within the last five years has been released from confinement where such person was serving a sentence as a youthful offender."The licensing authority may not prescribe any other condition for the issuance of a card and it shall within thirty days from the date of application either approve the application and issue the card or deny the application and notify the applicant of the reason for such denial in writing. Pending issuance of the card, a receipt for the fee paid shall, after five days from issuance, serve as a valid substitute, unless the applicant is disqualified. Written notice of denial of the application shall void the receipt and require its immediate surrender. A card may be revoked by the licensing authority or his delegate or suspended for such period as he may set, only upon the occurrence of any event which would have disqualified the holder from being issued the card. Any suspension or revocation of a card shall be in writing and shall state the reason therefor. Upon revocation or suspension, the licensing authority shall take possession of said card and receipt for fee paid for such card.
"Any applicant or holder aggrieved by a denial, revocation or suspension of a card unless a hearing has previously been held pursuant to section three B of chapter two hundred and nine A may within ninety days after receipt of notice appeal to the district court for a review of such action.
"Said card shall be in a form prescribed by the executive director of the criminal history systems board and shall contain an identification number, the name and address of the holder, his place and date of birth, his height, weight, and hair and eye color, and his signature and shall be captioned 'Firearm Identification Card'. The application for a card shall be made in multiple on a form prescribed by the executive director of the criminal history systems board which shall require the applicant affirmatively to state that he is not disqualified for any of the foregoing reasons from possession of a card.
"Said card shall be valid until revoked or suspended. The fee for an application and card shall be two dollars which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The card holder shall notify, in writing, both the issuing authority and the executive director of the criminal history systems board of any change in his address. Such notification shall be made within thirty days of its occurrence.
"Upon receipt of an application for a card, the licensing authority shall forward a copy of such application to the commissioner of public safety, who shall within twenty-one days advise in writing of any disqualifying criminal record, if any, of the applicant and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a card. The licensing authority, when in doubt about the validity of the applicant's negative or positive statement relative to past hospitalization for mental disorder, may also make inquiries concerning the applicant to the department of mental health for the purpose of determining eligibility for the firearm identification card and shall receive prompt and full cooperation from such department for that purpose in any investigation of the applicant."
Section 73 of St.1998, c. 180, provides:
"Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, all firearm identification cards issued under section 129B of chapter 140 of the General Laws prior to the effective date of this act shall expire on the following schedule: if a person's anniversary of birth is between July 1 and December 31, inclusive, such card shall expire on the cardholder's anniversary of birth in 1999; if a person's anniversary of birth is between January 1 and June 30, inclusive, such card shall expire on the holder's anniversary of birth in 2000. Any such card issued to an applicant born on February 29, for the purposes described herein, shall expire on March 1. A firearm identification card lawfully possessed on the effective date of this act shall be valid, unless revoked or suspended, until it expires under this section for the purpose of possessing large capacity rifles or shotguns or large capacity feeding devices therefor or possessing any firearm or feeding device lawfully owned on the effective date of this act that was purchased with a permit issued under section 131A of said chapter 140; provided, however, that such card shall not be valid for the purpose of purchasing, leasing or otherwise receiving through transfer large capacity rifles or shotguns or large capacity feeding devices. Nothing herein shall prohibit such person from possessing, purchasing, leasing or otherwise receiving through transfer nonlarge capacity rifles, shotguns or ammunition feeding devices therefor or from applying for a license to carry firearms pursuant to the provisions of said section 131 of said chapter 140."
"Any person who lawfully owns a large capacity or nonlarge capacity firearm or feeding device therefor, on the effective date of this act that was purchased with a permit issued under said section 131A of said chapter 140 shall, unless such firearm and feeding device are transferred in accordance with the provisions of said chapter 140, apply for a firearm identification card under the provisions of section 129B of said chapter 140. Unless such applicant is disqualified under the provisions of said section 129B, such card shall be issued; provided, however, that if such card may not be issued, all firearms, ammunition and ammunition feeding devices therefor shall be surrendered in accordance with the provisions of section 129D of said chapter 140; provided further, that the requirements for obtaining a card under said section 129B shall not apply to such person that possesses valid proof of exemption under the provisions of section 129C of said chapter 140. Nothing herein shall permit such person to possess or carry any firearm outside his residence or business unless such person obtains a Class A or Class B license to carry firearms pursuant to the provisions of said section 131 of said chapter 140."
"Any license to carry firearms lawfully possessed on the effective date of this act shall be valid, unless revoked or suspended, until the stated expiration date of such license for all lawful purposes for which it was issued and such license shall be deemed a Class A license."
"The secretary of the executive office of public safety or his designee shall promulgate regulations necessary to implement the provisions of this act, and shall ensure that notice be provided through the most effective means possible to each such cardholder and licensee of the upcoming expiration dates of such cards and licenses, and instructing such holders with regard to renewal procedures, entitlements and restrictions provided under this act including, but not limited to, entitlements and restrictions relative to large capacity weapons and ammunition feeding devices." [Amended by St.1998, c. 358, § 11.]
St.1998, c. 358, § 4, an emergency act, approved Oct. 19, 1998, and by § 12 made effective as of Oct. 21, 1998, in par. 3, substituted "40" for "'30".
Related Laws:
St.1997, c. 208, §§ 1 to 4, approved Nov. 28, 1997, and by § 5 made effective as of July 27, 1996, provide:
"Section 1. The jurisdiction of the district court juvenile sessions effective on July 26, 1996 shall continue in effect, except as amended by chapter 200 of the acts of 1996, until such time as a division of the juvenile court department having territorial jurisdiction corresponding to that of such division of the district court department is established or January 1, 1999, whichever shall first occur, pursuant to section 203 of chapter 379 of the acts of 1992; provided, however, that the divisions of the district court department in the counties of Middlesex and Norfolk shall continue to accept such cases and petitions for filing and issue process therein, until such time as a division of the juvenile court department having territorial jurisdiction corresponding to such divisions of the district court department is established, or January 1, 2000, whichever shall first occur. [Amended by St.1998, c. 487, § 2.]
"Section 2. Sections 1 to 13, inclusive, and sections 16 to 38, inclusive, of chapter 200 of the acts of 1996 shall apply to complaints filed and indictments returned for offenses allegedly committed on or after October 1, 1996.
"Section 3. Sections 14 and 15 of chapter 200 of the acts of 1996 shall apply to murder cases in which the murder was allegedly committed on or after July 27, 1996."Section 4. Defendants in delinquency actions pending on October 1, 1996 who have waived a first instance jury trial before such date shall be afforded an opportunity to withdraw such waiver and make an election according to the provisions of law established under chapter 200 of the acts of 1996."
St.1998, c. 487, § 2, an emergency act, was approved Jan. 15, 1999, and by § 5 made effective as of Dec. 31, 1998.
1991 Main Volume
St.1968, c. 737, § 7, was approved July 20, 1968.
Section 18 of St.1968, c. 737, provides:
"The provisions of section one hundred and twenty-nine B of chapter one hundred and forty of the General Laws, inserted by section seven of this act, of section one hundred and thirty of said chapter one hundred and forty, inserted by section eight of this act, and of section ten of chapter two hundred and sixty-nine of the General Laws, inserted by section twelve of this act, shall not apply until January first, nineteen hundred and sixty-nine; provided, however, that any person may apply for the firearm identification card as provided in said section one hundred and twenty-nine B at any time after the effective date of said section seven and, pending the issuance or denial of said firearm identification card, written receipt for the fee paid shall serve as a valid substitute for said firearm identification card."
St.1969, c. 799, § 7, approved Aug. 24, 1969, rewrote the section, which prior thereto read:
"Any person may submit to the licensing authority application for a firearm identification card, which such person shall be entitled to, unless the applicant
"(a) Has within the last five years been convicted of a felony in any state or federal jurisdiction, or within that period has been released from a state prison or penitentiary, or
"(b) Has been confined to any hospital or institution for mental illness, except where the applicant shall submit with the application an affidavit of a registered physician that he is familiar with the applicant's history of mental illness and that in his opinion the applicant is not disabled by such illness in a manner which should prevent his possessing a rifle or shotgun, or
"(c) Has been convicted of a violation of any federal or state narcotic or harmful drug law, or is under treatment or confinement for drug addiction or habitual drunkenness, except when he is deemed to be cured of such condition by a competent medical authority, he may make application for said license after the expiration of five years from the date of such finding and upon the presentation of an affidavit issued by said authority to that effect, or
"(d) Is at the time of the application under the age of fifteen, or"(e) Is at the time of the application fifteen years of age or over but under the age of eighteen, except where the applicant submits with his application a certificate of his parent or guardian granting the applicant permission to apply for a card.
"The licensing authority may not prescribe any other conditions for the issuance of a card and he shall within thirty days from the date of application either approve the application and issue the card, or deny the application and notify the applicant of the reason for such denial in writing.
"A card may be revoked by the commissioner or suspended for such period as he may set, only upon the occurrence of any event which would have disqualified the holder from being issued the card. Any suspension or revocation of a card shall be in writing and shall state the reason therefor. Upon revocation or suspension, the commissioner shall take possession of said card.
"Any applicant or holder aggrieved by a denial, revocation or suspension of a card may within ninety days after receipt of notice appeal to the district court for a review of such action.
"Said card shall be in a form prescribed by the commissioner and shall contain an identification number, the name and address of the holder, his height, weight, and hair and eye color, and his signature, and shall be captioned "firearm identification card". The application for a card shall be made in triplicate on a form prescribed by the commissioner which shall require the applicant affirmatively to state that he is not disqualified for any of the foregoing reasons from possession of a card.
"Said card shall be valid for five years and shall be subject to automatic renewal upon sworn application, and without investigation, unless the licensing authority has reason to believe that the status of the applicant has changed since the previous application. The fee for an application for or a renewal of a card shall be two dollars, which shall be payable to the licensing authority.
"Upon receipt of an application for a card, the licensing authority shall forward such information concerning the applicant as is in his possession to the commissioner who shall within five days report to the licensing authority whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a card. The licensing authority may also make inquiries concerning the applicant to the department of mental health and shall receive prompt and full cooperation from such department in any investigation of an applicant."
St.1971, c. 225, approved April 27, 1971, in the last paragraph, in the second sentence, substituted ", when in doubt about the validity of the applicant's negative or positive statement relative to past hospitalization for mental disorder, may also" for "may".St.1972, c. 312, § 1, approved May 25, 1972, in the first paragraph, in cl. (a), substituted "confinement" for "a state prison or penitentiary" and added cl. (f).
Section 2 of St.1972, c. 312, rewrote the fifth paragraph, which prior thereto read:
"Said card shall be valid for five years; provided, that the licensing authority may renew such card on the anniversary of the applicant's date of birth occurring not less than four years but not more than five years from the date of original issue, and shall be subject to automatic renewal upon application and affirmative statement, without investigation, unless the licensing authority has reason to believe that the status of the applicant has changed since the previous application. The fee for an application and card, or for renewal of a card, shall be two dollars, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial."
St.1976, c. 239, approved July 9, 1976, in the first paragraph, in the introductory clause, inserted "or any person residing in an area of exclusive federal jurisdiction located within a city or town".
St.1989, c. 339, approved Aug. 3, 1989, in the fifth paragraph, in the fourth sentence, substituted "thirty days" for "ten days".REFERENCES
CROSS REFERENCES
Criminal penalties for firearm violations, see > c. 269, § 10.
AMERICAN LAW REPORTS
> What constitutes receipt of firearm, under 18 USCA § 922(h), prohibiting certain persons from receiving any firearm which has been shipped or transported in interstate or foreign commerce. 74 ALR Fed 486.
LAW REVIEW AND JOURNAL COMMENTARIES 
Federal and state firearm regulation in Massachusetts. Lisle Baker (1968) 12 Boston B.J. No. 11, p. 7.
Gun control. 15 Ann.Surv.Mass.L. 242 (1968).
LIBRARY REFERENCES 
1999 Electronic Update
Comments.
Municipal tort liability, see M.P.S. vols. 18, 18B, Randall and Franklin, §§ 479, 1952.
Possession of firearm within residence or place of business, see Alperin and Shubow, 14A Massachusetts Practice § 9.221 (3d ed.).
1991 Main Volume
Texts and Treatises
5 Mass Jur, Criminal Law §§ 36:6, 36:12.ANNOTATIONSNOTES OF DECISIONS
Affidavits > 2
Former felons > 4
Records > 1
Revocation > 3
> 1. Records
Application for license to carry firearms and application for firearm identification card are public records except to the extent that application forms require information as to criminal history of applicant which would be exempted from disclosure by c. 4, § 7 and by c. 6, § 172. Op.Atty.Gen., Nov. 10, 1975, p. 127.
> 2. Affidavits
Affidavit which accompanied application for search warrant and which recited, inter alia, that named informant had told officer that defendant had all types of rifles and handguns stored in various rooms in shop, that defendant had displayed variety of guns to informant and had described some of the weapons as machine guns and that officer, based upon defendant's past record of convictions and observation in state hospital, believed that any possession by defendant of a firearm identification card would be by reason of false statements and information was sufficient to justify issuance of search warrant. > Com. v. Fleurant (1974) 311 N.E.2d 86, 2 Mass.App.Ct. 250.
> 3. Revocation
Law was clearly established that presence of guns in residential parole facility without proper license did not create exigent circumstances, as would support warrantless seizure of guns, and so police officer that performed warrantless seizure on guns in residential parole facility did not have qualified immunity from civil rights action brought by owner of guns; under statutory scheme governing revocation of license to own guns, revocation had to be in writing, subject of revocation had right of appeal, and obligation to turn over guns was suspended during pendency of appeal. > Pasqualone v. Gately (1996) 662 N.E.2d 1034, 422 Mass. 398.
> 4. Former felons
Massachusetts felony convictions could not be counted in sentencing defendant as armed career criminal for possession of rifles and shotguns as felon, since defendant's civil rights in Massachusetts were substantially restored and Massachusetts has not expressly prohibited defendant from shipping, transporting, possessing or receiving rifles or shotguns; Massachusetts defined "firearm" as limited to handgun and allowed felon, after five-year waiting period, to obtain firearm identification card, purchase shotgun or rifle, possess handguns, rifles, or shotguns at home, or carry rifles or shotguns upon his person or in car. > U.S. v. Caron, D.Mass.1996, 941 F.Supp. 238, on subsequent appeal > 118 S.Ct. 2007, 524 U.S. 308, 141 L.Ed.2d 303.
MGLA 140 § 129B, Firearm identification cards; conditions and restrictions