Massachusetts General Laws

Mass. Gen. Laws ch. 140, § 121A (2026)

Identification of firearms; certificate by ballistics expert as prima facie evidence

✓ current as of July 2026

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Section 121A. A certificate by a ballistics expert of the department of the state police or of the city of Boston of the result of an examination made by him of an item furnished him by any police officer, signed and sworn to by such expert, shall be prima facie evidence of his findings as to whether or not the item furnished is a firearm, rifle, shotgun, machine gun, sawed off shotgun or ammunition, as defined by section one hundred and twenty-one, provided that in order to qualify as an expert under this section he shall have previously qualified as an expert in a court proceeding.

Notes of Decisions

Cited in 15 cases, 1983–2020 · leading case: Commonwealth v. Loadholt, 923 N.E.2d 1037 (Mass. 2010).

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Commonwealth v. Loadholt, 923 N.E.2d 1037 (Mass. 2010). · cites it 2× “At trial, the Commonwealth relied, in significant part, on G. L. c. 140, § 121A, to satisfy its burden of proof.”

Commonwealth v. Muniz, 921 N.E.2d 981 (Mass. 2010). “in compliance with [G. L. c. 140, § 121A,] for the issuance of this certificate.”

Commonwealth v. Hollister, 916 N.E.2d 768 (Mass. App. Ct. 2009). “At trial, the Commonwealth relied on G. L. c. 140, § 121A, as amended through St.”

Commonwealth v. Nieves, 680 N.E.2d 561 (Mass. App. Ct. 1997). “A proffer under G. L. c. 140, § 121A, of a certificate by a ballistics expert of the firearms identification section of the department of public safety was excluded on a defense objection in the course of a bench conference transcribed as “inaudible.”

Commonwealth v. Jiminez, 493 N.E.2d 501 (Mass. App. Ct. 1986). “During the course of their respective examinations the judge asked several questions of each officer.”

Commonwealth v. Brown, 914 N.E.2d 332 (Mass. App. Ct. 2009). “1 See G. L. c. 140, § 121A. 2 Citing to Crawford v.”

Resendes v. Boston Edison Co., 648 N.E.2d 757 (Mass. App. Ct. 1995). “46, § 19 (certificate of records of town clerk as to birth, death, or marriage admissible); G. L. c. 140, § 121A (icertificate of department of public safety official that an item is a “firearm” is prima facie evidence of such finding); G.”

Commonwealth v. Velez, 969 N.E.2d 1142 (Mass. App. Ct. 2012). “See G. L. c. 140, § 121A. The authoring ballistics expert did not testify.”

Commonwealth v. Rhodes, 451 N.E.2d 1151 (Mass. 1983). “G. L. c. 140, § 121A. The expert who testified in this case was a member of the Boston police department, not the Department of Public Safety.”

Commonwealth v. Morales, 884 N.E.2d 546 (Mass. App. Ct. 2008). “See G. L. c. 140, § 121A. There was no error.”

Commonwealth v. Martin, 899 N.E.2d 869 (Mass. App. Ct. 2009). “” 9 Both of these certificates were executed and notarized in accordance with the provisions of G. L. c. 140, § 121A. The defendant objected to the admission of this evidence because the copies *535 that the Commonwealth had provided to him during discovery were not notarized.”

Commonwealth v. Ware, 918 N.E.2d 861 (Mass. App. Ct. 2009). “To prove that the handgun met this definition, the Commonwealth introduced a certificate from a ballistics expert under the provisions of G. L. c. 140, § 121A. The admission of the ballistics certificate without allowing the defendant an opportunity to cross-examine the…”

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