Pursuant to Massachusetts General Laws Chapter 140 Section 131L: 

 “It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.”

Elements of Improper Storage of Firearm in Massachusetts

In order to prove a defendant is guilty of Improper Storage of Firearm, the prosecution must prove three things beyond a reasonable doubt:

• The defendant stored or kept a firearm, rifle, or shotgun;
• The defendant was not carrying the firearm, rifle, or shotgun OR did not have it under his/her control; and
• The firearm, rifle, or shotgun was not secure in one of two ways:
               a. By storing the firearm, rifle, or shotgun in a locked contained, or
              b. With a properly engaged tamper-resistant mechanical lock
                    or other safety device.  

A firearm, rifle, or shotgun is carried when there is actual physical possession of it, and it is under the control of a person if the individual is close enough to the firearm, rifle, or shotgun to immediately prevent its unauthorized use. A safety device is properly engaged if it causes the firearm, rifle, or shotgun to be inoperable by any person other than the owner or other lawful user. See https://www.mass.gov/doc/7630-improper-storage-of-a-firearm/download.

Penalties

In cases involving a firearm, rifle, or shotgun that is not a large capacity weapon, the maximum penalty is 18 months imprisonment and fine of up to $7500, or both

• Misdemeanor

In cases involving a large capacity weapon or machine gun, the maximum penalty is imprisonment of up to 12 years and a fine of up to $15,000, including a mandatory minimum of 18 months imprisonment, or both.

• Felony

In cases involving a rifle or shotgun that is not a large capacity weapon and stored or kept in a place where a person under 18 years of age who does not possess a valid firearm identification (FID) card may have access without committing an unforeseeable trespass, a violation is punishable by a fine not less than $2500 and not more than $7500 or imprisonment up to 12 years, including a mandatory minimum of 18 months, or both.

• Felony