Most people charged with improper storage of a firearm in Massachusetts are not criminals in any ordinary sense. They are licensed gun owners who left a handgun in a nightstand, set a shotgun on the bed for a few minutes, or left a gun in the car while running into a store. Massachusetts treats those moments seriously, and a storage charge can put your license, your firearms, and your record at risk.
This guide explains the current law, what the 2024 reform changed, and how these cases are defended.
The Basic Rule: Locked Up or Under Your Control
The storage law is G.L. c. 140, § 131L. The 2024 reform amended it but did not renumber it. Under § 131L(a), it is unlawful to store or keep any firearm in any place unless it is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so that it cannot be operated by anyone other than the owner or another lawfully authorized user. Stun guns must be kept in a locked container accessible only to the owner or another lawfully authorized user.
The key exception: a firearm is not considered “stored or kept” if it is carried by, or under the control of, the owner or another lawfully authorized user. The Supreme Judicial Court has explained that a gun owner may carry or keep a loaded firearm under his or her control in the home; the duty to lock it arises only when the gun is stored or otherwise outside the owner’s immediate control. Commonwealth v. Runyan, 456 Mass. 230, 236 (2010). The Appeals Court has held that a gun is under a person’s control “only when that person has it sufficiently nearby to prevent immediately its unauthorized use.” Commonwealth v. Patterson, 79 Mass. App. Ct. 316, 319 (2011).
Antique firearms are excluded. Section 131L(f) exempts matchlock, flintlock, percussion cap, and similar firearms made in or before 1899, and qualifying replicas.
What Counts as Secure Storage
Massachusetts law now defines “secured in a locked container” as secured in a container that can be unlocked only by a key, combination, or similar means. G.L. c. 140, § 121. Think gun safe, lockbox, locked case, or a properly engaged trigger or cable lock.
Courts ask whether the storage would deter all but the most persistent person. A locked bedroom door that could be opened with a bobby pin was not enough, and “even a door locked with a key is not secure if the key is hanging next to the lock.” Commonwealth v. Parzick, 64 Mass. App. Ct. 846, 850 (2005). On the other hand, a gun kept in a securely locked box does not also have to be stored in a secure location. Commonwealth v. Lojko, 77 Mass. App. Ct. 82, 85 (2010).
Storing a Gun in a Vehicle
Vehicles cause many of these charges. The SJC has held that a locked car is not, by itself, a locked container, and that once a person leaves the vehicle and the gun in it, the storage statute applies. Commonwealth v. Reyes, 464 Mass. 245 (2013). The 2024 law’s definition of “secured in a locked container” now expressly includes, in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console, or a locked glovebox.
Separate vehicle rules appear in G.L. c. 140, § 131C. A licensee carrying a loaded firearm in a vehicle must keep it under his or her direct control, and a large capacity rifle or shotgun in a vehicle must be unloaded and secured in a locked container. A conviction under § 131C must be reported to the licensing authority, which must revoke the license, with no new license for one year.
What the 2024 Firearms Law Changed
Chapter 135 of the Acts of 2024, “An Act Modernizing Firearm Laws,” was signed on July 25, 2024 and took effect on October 2, 2024, when the Governor attached an emergency preamble. For storage, the most important changes are:
- A single, broader definition of “firearm” in § 121 that includes rifles, shotguns, machine guns, and stun guns, as well as frames and receivers, including unfinished frames or receivers. Antique firearms are excluded.
- A new statutory definition of “secured in a locked container,” including the vehicle options described above.
- The word “semiautomatic” was added to the higher penalty tier in § 131L(b). On its face, that may reach many common handguns. We have not found a published appellate decision explaining how it fits with the lower tier.
- Licensing standards were reorganized into G.L. c. 140, § 121F.
Chapter 135 is also the subject of Question 9 on the November 3, 2026 state ballot, which asks voters whether to keep or repeal it. The law remains in effect in the meantime. If the result changes these rules, this article will be updated.
Penalties Under § 131L
- Basic violation: a fine of $1,000 to $7,500, up to 1½ years in jail, or both.
- Large capacity or semiautomatic firearm, or machine gun: a fine of $2,000 to $15,000, 1½ to 12 years, or both.
- Where a person under 18 without a valid firearm identification card may have access without an unforeseeable trespass: a fine of $2,500 to $15,000, 1½ to 12 years, or both, and, for a large capacity firearm or machine gun, a fine of $10,000 to $20,000, 4 to 15 years, or both.
Under § 131L(e), if a minor gains access and someone is injured or killed, the storage violation is evidence of wanton or reckless conduct in any criminal or civil case. No one has to actually touch the gun, so who “may have access” is often the key fact. For more on the elements, see our companion article on improper storage of a firearm.
When Someone in the Household Cannot Have Guns
Storage gets harder when a teenager lives in the home, or a spouse, partner, or roommate is unlicensed or prohibited. Only the owner or a lawfully authorized user counts. In Runyan, the SJC rejected the argument that the defendant’s son was a lawfully authorized user, because there was no claim that the son held a valid firearm identification card. 456 Mass. at 237 n.9. If anyone in the home cannot lawfully possess a gun, every firearm not on your person or under your immediate control should be locked where only you can reach it.
If a court issues an abuse prevention order under G.L. c. 209A and finds a substantial likelihood of immediate danger, it must order the defendant’s license suspended and all firearms and ammunition surrendered. G.L. c. 209A, § 3B. A similar surrender duty applies when a license is suspended or revoked. G.L. c. 140, § 129D. Handing the guns to a family member in the house is not a substitute.
What a Storage Charge Means for Your License
The licensing authority is usually your local police chief. Under G.L. c. 140, § 121F(j), a person convicted of a firearms offense that carries possible imprisonment is a “prohibited person” for a license to carry. For a firearm identification card, that disqualification lasts five years after conviction or release from supervision, whichever is later. A “conviction” includes a guilty plea or a finding of guilt, even without a sentence. G.L. c. 140, § 121. A § 131L conviction therefore puts your license directly at risk.
The licensing authority must revoke or suspend a license when the holder becomes a prohibited person. It may also revoke or suspend on a later finding of unsuitability, or on satisfactory proof that the holder violated or permitted a violation of chapter 140, even without a conviction. G.L. c. 140, § 121F(u)(1). Firearms must then be surrendered under § 129D. A person aggrieved by a suspension or revocation generally has 90 days to seek judicial review in the District Court. § 121F(u)(2). How the criminal case ends often decides whether you keep your license. See also collateral consequences of a criminal charge.
How Storage Charges Usually Start
Storage charges often come up while officers are at the home for something else: serving a 209A order and collecting firearms, a well-being check, or a domestic disturbance call. In Commonwealth v. McGowan, 464 Mass. 232 (2013), the licensed owner himself called police about a domestic dispute; he explained that his roommate had taken his loaded handgun from an unlocked bedroom drawer, and he was charged with improper storage. In Patterson, officers responding to a domestic disturbance found a handgun in a jacket pocket in an upstairs closet while the owner was downstairs.
Defending a Storage Charge
- Control: the firearm was carried by or under the immediate control of the owner or another lawfully authorized user.
- Adequate storage: the container or lock met the statute, even if police would have preferred something more.
- Access: no person under 18 could have had access without an unforeseeable trespass, which matters for the higher tiers.
- Exemption: the item was an exempt antique, or the case falls within another statutory exception.
- Suppression: if police entered the home or searched without a warrant, consent, or a recognized exception, the firearm and observations may be suppressed. See Search and Seizure.
- Early resolution: for a responsible licensee with no record who promptly fixed the problem, context can help avoid a complaint or a conviction.
The SJC has upheld § 131L against Second Amendment challenges. Runyan, 456 Mass. at 237; McGowan, 464 Mass. at 244. Challenges based on the United States Supreme Court’s 2022 Bruen decision have been raised, but we are not aware of a published Massachusetts appellate decision resolving one. See Supreme Court and Recent Gun Laws.
Show-Cause Hearings Attorney Barabino Has Won
Many storage cases begin with an application for a criminal complaint and a clerk-magistrate hearing, especially when no one was arrested. Attorney Barabino has won clerk-magistrate show-cause hearings on Improper Storage of a Firearm, and on more than 40 charge types overall, including Distribution of a Controlled Substance, Assault and Battery, OUI, Breaking and Entering, Assault and Battery on a Police Officer, Open and Gross Lewdness, Witness Intimidation, Gaming Act offenses, Assault with a Dangerous Weapon, Receiving Stolen Property, Uttering a False Prescription, and Leaving the Scene of Personal Injury. Learn more on his Clerk Magistrate Hearings page and in What Is a Show-Cause Hearing in Massachusetts?. Every case turns on its own facts, and past results do not guarantee a similar outcome.
Frequently Asked Questions
Do I have to lock my gun if I live alone?
Yes, unless it is carried by you or under your immediate control. Section 131L applies to any firearm stored or kept “in any place,” whether or not anyone else lives there. The higher penalties apply when a minor may have access.
Is a locked car enough?
No. A locked vehicle is not itself a locked container. If you leave the gun in an unoccupied vehicle, it should be in a locked container, such as a locked trunk not accessible from the passenger compartment, a locked console, or a locked glovebox.
Will a storage charge cost me my license?
It can. The licensing authority may suspend or revoke based on the incident itself, and a conviction makes you a prohibited person for a license to carry. Resolving the case without a conviction is often the key to keeping your license.
Charged With Improper Storage? Get Advice Early
If you have received notice of a show-cause hearing, been summoned to court, or had your license suspended after a storage incident, the Law Office of William J. Barabino in Medford can help. Attorney Barabino has over 23 years of experience defending people in Massachusetts courts, represents clients throughout Greater Boston, and handles gun charges and licensing consequences.
Call 781-393-5900 for a confidential consultation.
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Disclaimer
This article is for general educational purposes only and is not legal advice. Massachusetts firearms law changed significantly in 2024, is the subject of a November 2026 ballot question, and continues to develop; the law that applies can depend on when the conduct occurred. Every case turns on its own facts. Reading this page does not create an attorney-client relationship. If you are facing a storage charge or a license suspension, consult a licensed Massachusetts criminal defense attorney about your situation.
