What Constitutes Improper Storage of a Firearm Under M.G.L. c. 140 § 131L?

Improper storage happens when a firearm isn’t kept in a locked container or secured with a tamper-resistant mechanical lock, unless it is under the owner’s immediate control under M.G.L. c. 140 § 131L.

Under § 131L, Massachusetts imposes a strict liability standard for firearm storage: if a gun is not locked or otherwise secured, and it is not under your immediate control, the Commonwealth can charge you, even if no harm occurs. 

A weapon is considered “properly stored” only when it is inside a locked container or when you’ve installed a tamper-resistant mechanical safety device that makes it inoperable. The law defines “immediate control” not as “nearby,” but as being “sufficiently near to prevent unauthorized access or use”, and courts interpret that narrowly.

Prosecutors aggressively charge violations of § 131L because the law lets the state move forward without having to prove intent. Even responsible LTC holders can face criminal liability if they don’t store their guns correctly.

Facing an improper storage charge? Contact our gun charge defense lawyers as early as possible.

2024 Update: Chapter 135 (The SAFE Act) Expansion: As of October 2, 2024, Chapter 135 of the Acts of 2024 (The SAFE Act) significantly expanded § 131L. The revisions broadened the types of weapons and components that have to be securely stored, raised penalties for assault-style and large-capacity weapons, and closed several legal loopholes.

How Have Massachusetts Storage Laws Changed (2024–2025)?

Yes, state storage laws expanded a great deal by adding stun guns, assault-style weapons, and “frames and receivers” to the list of items requiring locked storage under § 131L.

1. Stun Guns (Electronic Control Weapons): The SAFE Act clarified that “electronic control weapons”, including consumer-grade tasers, have to be stored correctly. Under the revised law, leaving a stun gun in a glove box or unlocked dresser is now a criminal offense, even for LTC and FID holders.

2. Assault-Style Firearms: Gun owners now face enhanced penalties for improper storage of assault-style firearms, including potential felonies. This is a new legal category introduced by the SAFE Act. 

3. The “Frame & Receiver” Trap: Under the updated definitions, a frame, receiver, or even an unfinished receiver is legally a “firearm” for storage purposes. For instance, disassembling a weapon and storing the lower receiver in a drawer is now a storage violation. A disassembled gun still has to be stored in a safe.

It’s important to understand that state law also affects untraceable weapons. For more information, review our guide to ghost gun regulations.

What Qualifies as a “Locked Container” in a Home?

“Locked container” means a secured container designed to be opened only by key, combination, or biometric control, and locked closets, locked rooms, or locked homes do not count.

Commonwealth v. Parzick (2006): In Commonwealth v. Parzick, 64 Mass. App. Ct. 846 (2006), the court held that a locked bedroom door does not satisfy the requirement of a “locked container.” 

Unforeseeable Trespass Exception: The law does make an exception when a minor or intruder accesses a properly locked safe through “unforeseeable trespass.” Let’s say someone pried open your safe using a crowbar. That would mean you weren’t liable. 

Storage Methods Courts Reject: None of the following storage options is sufficient under state law:

• Glass display cases
• A high-up shelf or other location that’s hard to reach
• Locked rooms or locked houses
• Gun cabinets with easily broken glass
• Containers without functioning locks

How Can Minor Access Risks Be Mitigated?

Minor access risks can be mitigated relatively simply with a biometric safe and/or storing the gun and ammunition separately. 

If a minor accesses an improperly stored firearm, you’ll get the harshest penalties under the law. That usually means things like felony indictments, DCF involvement, child endangerment charges, and immediate LTC revocation. What can you do to avoid the situation?

1. Separate Ammunition: While separating the firearm from ammunition isn’t required for all weapons under § 131L, it’s a smart thing to do.
2. Use Biometric Safes: Biometric safes balance “immediate access” for home defense with “secure storage” for compliance with the law. We routinely recommend these to clients after a storage incident to demonstrate good-faith corrective action to the court and police chief.

If you are worried about a potential DCF allegation or a parallel gun charge, contact us before speaking to investigators.

How Do Vehicle Storage Rules Differ? (The “Reyes” Standard)

Massachusetts requires firearms in vehicles to be kept in a locked container separate from the glove box or console unless the owner maintains immediate control, as clarified in Commonwealth v. Reyes.

The Appeals Court in Commonwealth v. Reyes, 464 Mass. 245 (2013), held that a firearm locked in a glove compartment or center console is not properly stored if:

1. The vehicle’s unlocked
2. The unauthorized people have access to the keys
   

Many Worcester County improper-storage charges come from routine traffic stops where an officer discovers a handgun in a glove box, even when the driver believes they complied with the law.

Best Practices for Vehicle Storage

• Install a console vault or metal lockbox bolted or cable-tied to the seat frame.
• Keep the firearm unloaded during transit.
• Lock the vehicle and the firearm container.
  

Large Capacity Weapons Transport Restriction: Under the SAFE Act, large capacity weapons can’t be left unattended in a vehicle, period, except during defined transport circumstances (think taking the gun to the shooting range). Violations can result in felony charges, mandatory license suspension, and vehicle searches.

If you were charged after a vehicle stop or search, speak with our Worcester gun charge defense lawyers immediately.

What Are the Penalties for Improper Storage?

Penalties for improper storage range from a misdemeanor for standard firearms to a mandatory felony of up to 15 years when a minor accesses the weapon.

Misdemeanor Tier (Standard Firearms): For standard (non-large capacity) firearms, improper storage is usually a misdemeanor, carrying:

• Up to 1 year in the House of Correction
• Fines up to $7,500
• Mandatory LTC/FID suspension
  

Felony Tier (Assault-Style or Large Capacity Weapons): Under the SAFE Act, improper storage of an assault-style or large capacity weapon is a felony, which means you could face:

• Up to 15 years in state prison
• Felony record and lifetime federal firearms disability
• Mandatory minimum sentencing in certain child-access cases
  

The “Minor Access” Kicker: If a minor somehow gets your firearm, the charge escalates to a mandatory felony, no matter what type of weapon it is. The Commonwealth takes a zero-tolerance approach, even in accidental, non-injury situations.

Civil Liability: Beyond criminal penalties, you could face civil damages if your unsecured firearm is stolen and later used to harm someone. Courts routinely allow civil lawsuits for negligent storage when third parties are injured.ls and digital plans shows that you had “intent”. For help defending “intent” allegations, learn more about viable trafficking defenses.