Mass. Gen. Laws » Part II Title III Chapter 209A
Massachusetts General Laws

Mass. Gen. Laws ch. 209A, § 3B (2026)

Order for suspension and surrender of firearms license; surrender of firearms; petition for review; hearing

✓ current as of July 2026
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Section 3B. Upon issuance of a temporary or emergency order under section four or five of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the defendant may hold and order the defendant to surrender all firearms and ammunition which he then controls, owns or possesses in accordance with the provisions of this chapter and any license to carry firearms or firearms identification cards which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with the provisions of this chapter and, said law enforcement official may store, transfer or otherwise dispose of any such firearm in accordance with the provisions of section 129D of chapter 140; provided however, that nothing herein shall authorize the transfer of any firearms surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of abuse prevention order served on the defendant pursuant to section seven. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms, ammunition, any license to carry firearms and any firearms identification cards in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment.

Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than ten court business days after the receipt of the notice of the petition by the court. If said license to carry firearms or firearms identification card has been suspended upon the issuance of an order issued pursuant to section four or five, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section four. Upon the filing of an affidavit by the defendant that a firearm or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within two business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1998–2025 · leading case: Nollet v. Justices of the Trial Court of Massachusetts, 83 F. Supp. 2d 204 (D. Mass. 2000).
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Nollet v. Justices of the Trial Court of Massachusetts, 83 F. Supp. 2d 204 (D. Mass. 2000). · cites it 2× “In Count III, plaintiffs seek declaratory and injunctive relief declaring Mass.Gen.L. ch. 209A, § 3B unconstitutional as constituting an impermissible restriction on the plaintiffs’ Second Amendment right to bear arms and enjoining the judicial defendants from further…”
Jarvis v. Vill. Gun Shop, Inc., 805 F.3d 1 (1st Cir. 2015). · cites it 2× “Mass. Gen. Laws ch. 209A, § 3B. One who has surrendered his firearms pursuant .”
Firearms Records Bureau v. Simkin, 993 N.E.2d 672 (Mass. 2013). · cites it 2× “t and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured; “(iv) is at the time of the application less than 21 years of age; “(v) is…”
S.T. v. E.M., 953 N.E.2d 269 (Mass. App. Ct. 2011). “” In addition, as required by G. L. c. 209A, § 3B, the order directed the defendant to surrender immediately to the local police department any “guns, ammunition, gun licenses and [firearms identification] cards.”
Howard v. Chief of Police, 794 N.E.2d 604 (Mass. App. Ct. 2003). “358), class A (large capacity firearms), was denied by the chief of police following an investigation that disclosed, among other things, that the plaintiff’s existing carrying license had been suspended, and the plaintiff had been ordered to surrender all arms and ammunition,…”
Commonwealth v. Podgurski, 691 N.E.2d 980 (Mass. App. Ct. 1998). “The Commonwealth’s citation to G. L. c. 209A, § 3B, is inappropriate as that section was not effective until July 1, 1994.”
Jarvis v. Vill. Gun Shop, 53 F. Supp. 3d 426 (D. Mass. 2014). “Pursuant to Mass. Gen. Laws ch. 209A, § 3B, state police seized the firearms present at James’s home.”
Commonwealth v. Lovering, 89 Mass. App. Ct. 76 (Mass. App. Ct. 2016). “” G. L. c. 209A, § 3B. We therefore affirm the judgments on the charges of violating the gun storage statute and of violating an abuse prevention order.”
J.C. v. J.H. (Mass. App. Ct. 2017). · cites it 4× “Unlike abuse protection orders under G. L. c. 209A, § 3B, G. L. c. 258E does not provide for the surrender of firearms upon the issuance of a harassment prevention order.”
Commonwealth v. Philip J. Marquis (Mass. 2025). · cites it 2× “140, § 131S (upon issuance of extreme risk protection order following petition demonstrating probable risk of bodily injury to self or others, clerk-magistrate required to transmit order to licensing authority and licensing authority required to immediately suspend firearms…”
Commonwealth v. Lovering (Mass. App. Ct. 2016). “" G. L. c. 209A, § 3B. We therefore affirm the judgments on the charges of violating the gun storage statute and of violating an abuse prevention order.”
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