Chapter 140: Section 128A. Application of
sec. 128.
Section 128A. The
provisions of section one hundred and twenty-eight shall not apply to any
person who, without being licensed as provided in section one hundred and
twenty-two, sells or transfers a firearm, rifle or shotgun to a person
licensed under said section one hundred and twenty-two, or to a federally
licensed firearms dealer or to a federal, state or local historical society,
museum or institutional collection open to the public. The provisions of
section one hundred and twenty-eight shall not apply to any resident of the
commonwealth who, without being licensed as provided in section one hundred
and twenty-two, sells or transfers to other than a federally licensed
firearms dealer or organization named above not more than four firearms,
including rifles and shotguns in any one calendar year; provided, however,
that the seller has a firearm identification card or a license to carry
firearms, is an exempt person under the conditions of clauses (n), (%96),
(r) and (s) of the fourth paragraph of section one hundred and twenty-nine
C, or is permitted to transfer ownership under the conditions of section one
hundred and twenty-nine D and the purchaser has, in the case of sale or
transfer of a firearm, a permit to purchase issued under the provisions of
section one hundred and thirty-one A and a firearm identification card
issued under section one hundred and twenty-nine B, or has such permit to
purchase and is an exempt person under the provisions of section one hundred
and twenty-nine C, or has been issued a license to carry firearms under the
provisions of section one hundred and thirty, or in the case of sale or
transfer of a rifle or shotgun, the purchaser has a firearm identification
card or a license to carry firearms or is an exempt person as hereinbefore
stated; and provided, further, that such resident reports within seven days,
in writing to the executive director of the criminal history systems board
on forms furnished by said executive director, the names and addresses of
the seller and the purchaser of any such large capacity feeding device,
firearm, rifle or shotgun, together with a complete description of the
firearm, rifle or shotgun, including its designation as a large capacity
weapon, if applicable, the caliber, make and serial number and the
purchaser's license to carry firearms number, permit to purchase number and
identifying number of such documentation as is used to establish exempt
person status in the case of a firearm or the purchaser's license to carry
number or firearm identification card number or said document identity
number, in the case of a rifle or shotgun.
