Improper Storage of a Firearm in Massachusetts: G.L. c. 140, § 131L — Locked Containers, Safety Devices, Penalties, and Defenses

July 31st, 2020

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Improper Storage of a Firearm in Massachusetts: G.L. c. 140, § 131L — Locked Containers, Safety Devices, Penalties, and Defenses

Massachusetts takes the safe storage of firearms seriously. Under G.L. c. 140, § 131L, it is a crime to store or keep a firearm, rifle, shotgun, or machine gun unless it is secured in a locked container or equipped with a properly engaged tamper-resistant mechanical lock or other safety device that renders the weapon inoperable by anyone other than the owner or another lawfully authorized user. The requirement applies whether or not the person is licensed to possess the firearm. Leaving a handgun on a nightstand, in an unlocked drawer, or otherwise unsecured can result in criminal charges even if no one is harmed.

This expanded guide explains the statutory requirements, what counts as proper storage, the elements the Commonwealth must prove, the escalating penalties (especially when a minor may have access), and practical defense considerations.

The Basic Rule: Secure Storage or Immediate Control

Section 131L makes it unlawful to store or keep any firearm in any place unless it is either (1) secured in a locked container or (2) equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by any person other than the owner or other lawfully authorized user. The statute expressly provides that a firearm is not deemed “stored or kept” if it is carried by or under the control of the owner or other lawfully authorized user.

In short, if the firearm is not on your person or under your immediate control, it must be locked up or mechanically rendered inoperable to unauthorized users.

What Qualifies as a Securely Locked Container?

A securely locked container is one that can be unlocked only by means of a key, combination, or other similar means. Common examples include:

A gun safe or vault;
A lockable firearm box or case;
A locked cabinet or lockbox; and
In some circumstances, a locked vehicle trunk or lockable center console/glove box that is inaccessible from the passenger compartment.

Courts look at practical factors: the type of locking mechanism, the location of the container, whether it was actually locked or alarmed, and whether it would deter all but the most persistent person from gaining access. A key left hanging next to a lock, or a container that can be easily forced open, may not satisfy the statute.

Properly Engaged Safety Devices

Alternatively, the firearm may be equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged. The device must render the firearm inoperable by any person other than the owner or other lawfully authorized user. A working trigger lock or cable lock whose combination or key is known only to authorized users can satisfy this requirement. The device must actually be engaged; simply having a lock nearby is not enough.

Elements the Commonwealth Must Prove

To convict, the Commonwealth must prove beyond a reasonable doubt that:

The defendant stored or kept a firearm (or rifle, shotgun, or machine gun, as charged);
The defendant was not carrying the firearm and did not have it under his or her immediate control; and
The firearm was not secured in a locked container and was not equipped with a properly engaged tamper-resistant mechanical lock or other safety device.

“Carried” requires actual physical possession. “Under the control” requires that the person be sufficiently nearby to prevent immediately any unauthorized use. Leaving a firearm in another room, even briefly, can take it outside the scope of immediate control.

Penalties

Penalties under § 131L escalate based on the type of weapon and whether a minor under 18 may have had access:

Standard firearm, rifle, or shotgun (not large capacity): Fine of $1,000–$7,500 and/or imprisonment for up to 1½ years (generally a misdemeanor).
Large capacity firearm, semiautomatic firearm, or machine gun: Fine of $2,000–$15,000 and/or imprisonment from 1½ years to 12 years (a felony).
When a person under 18 may have access (without unforeseeable trespass): Significantly higher fines and longer potential prison terms, reaching up to 15 years in the most serious large-capacity/minor-access scenarios.

A charge or conviction can also trigger suspension or revocation of a License to Carry or Firearm Identification Card and the mandatory surrender of firearms. Collateral consequences for licensing, employment, and future firearm rights can be substantial.

Potential Defenses and Practical Issues

Every case turns on its specific facts. Common issues that arise include:

Whether the item meets the statutory definition of a firearm, rifle, shotgun, or large capacity weapon;
Whether the defendant was actually “storing or keeping” it versus carrying it or having it under immediate control;
Whether a particular container or lock satisfied the statutory requirements;
Whether a safety device was properly engaged and functional;
Ownership and authorization questions; and
In minor-access cases, whether access by a person under 18 was reasonably foreseeable.

An experienced defense attorney will examine the physical evidence, photographs, police reports, and the precise location and condition of the firearm at the time of discovery. Technical failures of locks, ambiguities about “immediate control,” and questions about what constitutes a “securely locked container” can all form the basis of a viable defense.

Practical Advice for Lawful Gun Owners

Treat every firearm that is not on your person or under your immediate control as requiring secure storage.
Use quality gun safes or lockboxes and keep keys/combinations restricted to authorized users.
If using a trigger or cable lock, ensure it is engaged and that the firearm cannot be fired by an unauthorized person.
Be especially careful in homes where children or unauthorized adults may be present.
Understand that a charge can jeopardize your LTC or FID even before any conviction.

Frequently Asked Questions

Does the law apply if I have a valid LTC?

Yes. Proper storage is required regardless of licensing status. A valid license does not excuse improper storage.

What if the gun was in my bedroom while I was in another room?

If it was not under your immediate control and was not secured, the Commonwealth may argue that it was being stored improperly. “Immediate control” is fact-specific and often contested.

Are antique firearms covered?

Certain antique firearms may fall outside the definition of “firearm” for purposes of some statutes, but owners should confirm the specific classification and storage rules that apply to their particular weapon.

Why Experienced Counsel Matters

Improper-storage cases often arise from traffic stops, domestic calls, or searches of a home. They can carry significant penalties, especially when large-capacity weapons or potential minor access are involved, and they frequently threaten the defendant’s ability to keep a License to Carry. An attorney who regularly handles Massachusetts firearms cases can evaluate whether the Commonwealth can prove each element, challenge the characterization of a container or lock, and work to protect both the criminal case outcome and the client’s long-term licensing status.

Contact Criminal Defense Attorney William J. Barabino

If you or a loved one has been charged with improper storage of a firearm or any related gun offense, early and experienced representation is critical. The Law Office of William J. Barabino provides client-focused criminal defense in Massachusetts firearms cases.

Call 781-393-5900 today for a confidential consultation.

Visit williambarabino.com for additional resources on gun charges and related offenses.

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