Mass. Gen. Laws » Part I Title XX Chapter 140
Massachusetts General Laws

Mass. Gen. Laws ch. 140, § 128 (2026)

Penalty for violation of statute on selling, renting or leasing weapons; evidence on sale of machine gun

✓ current as of July 2026
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Section 128. Whoever, licensed under section 122 or 122B, sells or furnishes a firearm or ammunition to any person without a firearm license card or permit shall have their license revoked and shall not be entitled to apply for such license for 10 years from the date of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, by imprisonment in a state prison for not more than 10 years or house of correction for not more than 21/2 years or by both such fine and imprisonment; provided, however, that a valid permit to purchase issued under section 131A may permit certain firearm transfers to persons over 18 years of age. Any person who, without being licensed under section 122 or exempt as provided under section 129C, sells, rents, leases or otherwise transfers a firearm, or is engaged in business as a gunsmith, shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment. Evidence that a person sold or attempted to sell a machine gun shall constitute prima facie evidence that such person is engaged in the business of selling machine guns.

Evidence that a person sold or attempted to sell a machine gun without being licensed under section one hundred and twenty-three shall, in a prosecution under this section, constitute prima facie evidence that such person is engaged in the business of selling machine guns.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1980–2025 · leading case: Commonwealth v. Lucien, 801 N.E.2d 247 (Mass. 2004).
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Commonwealth v. Lucien, 801 N.E.2d 247 (Mass. 2004). “In addition, evidence of the unlicensed trading of firearms exposed Neals to a prosecution of at least one violation of G. L. c. 140, § 128. There was no error. 5.”
Ruggiero v. Police Comm'r of Boston, 464 N.E.2d 104 (Mass. App. Ct. 1984). “140, § 125); (e) criminal penalties for licensees who violate provisions of § 123, and for persons who sell, rent, or lease firearms without a license to do so (G. L. c. 140, § 128); (f) criminal penalties for unauthorized purchase of firearms (G.”
Commonwealth v. Luis H. Pereira., 100 Mass. App. Ct. 411 (Mass. App. Ct. 2021). “See G. L. c. 140, §§ 128, 128B. [Note 7] The police had reasonable suspicion to conduct the stop of the pickup truck, if not based on the CI's tip alone, then in combination with the information they learned about the truck's registered owner and his lack of a license to carry a…”
Commonwealth v. DePina, 413 N.E.2d 344 (Mass. App. Ct. 1980). · cites it 3× “This case has been argued on the footing that the defendant was originally sentenced to a suspended one-year term on a plea of guilty to a violation of G. L. c. 140, § 128. 1 The defendant claims this sentence is invalid.”
Commonwealth v. Lee Manuel Rios (Mass. 2025). “269, § 10 (m); unlawful sale of a firearm, in violation of G. L. c. 140, § 128; improper storage of a large capacity firearm near a minor, in violation of G.”
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