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Massachusetts Firearm Regulations Referendum (2026)
| Massachusetts Firearm Regulations Referendum | |
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| Election date |
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| Topic Firearms policy |
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| Status On the ballot |
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| Type Veto referendum |
Origin |
The Massachusetts Firearm Regulations Referendum is on the ballot in Massachusetts as a veto referendum on November 3, 2026.
A "yes" vote would uphold House Bill 4885, which enacted several changes to the state's firearm regulations:
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A "no" vote would repeal House Bill 4885, which enacted several changes to the state's firearm regulations. |
Overview
What would the referendum do?
- See also: Text of measure
The referendum would repeal House Bill 4885 (H.4885), also known as Acts of 2024 Chapter 135, An Act Modernizing Firearm Laws. The law was passed during the 2024 legislative session and took effect on October 2, 2024. H. 4885 enacted multiple changes to firearm policies, including:[1]
- requiring the Department of Criminal Justice Information Services (DCJIS) to develop and maintain a real-time electronic system for firearm registration, requiring all firearms to be registered with the registrant’s personal and licensing information;
- changing the law from a ban on people possessing, selling, or otherwise transferring assault weapons to a ban on assault-style firearms, except those registered by August 1, 2024 (Note: The terms assault weapons and assault-style firearms are legal terms in Massachusetts with specific definitions.);
- requiring a person to receive a basic firearms safety certificate to apply for a Firearm Identification Card (FID) or License to Carry (LIC);
- mandating serial numbers for firearms, except antiques, and enacting penalties for possessing, creating, or transferring untraceable firearms;
- allowing school administrators and licensed healthcare providers to request that a court issue an Extreme Risk Protection Order, which requires individuals to surrender firearms, licenses, and permits; and
- permitting courts to order firearm surrender when issuing Harassment Prevention Orders, among other changes.
The referendum was placed on the ballot by a successful citizen-initiated petition sponsored by the Civil Rights Coalition. On November 22, 2024, the secretary of the commonwealth's office reported that 78,707 valid signatures were submitted by the coalition, exceeding the requirement of 37,287 and certifying it for the 2026 ballot.[2]
How did the bill (H. 4885) change Massachusetts' assault weapon ban?
- See also: Measure design
Massachusetts has had an assault weapon ban since 1998. Assault weapon was a legally defined term in Massachusetts statute that included specific semiautomatic weapons listed in a now expired federal law—Public Safety and Recreational Firearms Use Protection Act. H. 4885 changed the ban in state law from an assault weapon ban to an assault-style firearm ban. The term assault-style firearm expanded the definition of assault weapon to include the named weapons from the 1998 ban and semiautomatic, centerfire rifles with the capacity to accept a detachable feeding device, a semiautomatic pistol with the capacity to accept a detachable feeding device, and a semiautomatic shotgun, all capable of certain additional features specified in the law.[1]Cite error: Invalid <ref> tag; invalid names, e.g. too many
Who supports upholding and repealing H. 4885?
- See also: Support for H. 4885 and Opposition to H. 4885
The Civil Rights Coalition is leading the campaign behind the veto referendum on An Act Modernizing Firearm Laws (H. 4885). In Massachusetts, sponsors of a veto referendum advocate for a "no" vote on the ballot question, as a "no" vote repeals the targeted legislation.[3] Toby Leary, chairman of The Civil Rights Coalition, said, "Gun rights are civil rights and it’s our belief that, just like other civil rights that have been hard fought in our country’s history, this is one worth fighting for. If you allow the right to keep and bear arms to be eroded, then every other civil right enumerated in our Bill of Rights could just as easily be taken away."[4]
Gov. Maura Healey (D) and Massachusetts Coalition to Prevent Gun Violence support upholding the law. Massachusetts Coalition to Prevent Gun Violence said, "Every resident of Massachusetts has the right to live free from the threat and trauma of gun violence. As this weekend’s tragic fatal shootings in Fitchburg and Springfield demonstrate, we are in the midst of a public health crisis and we need every tool at our disposal to solve it. This comprehensive gun violence prevention law gives us more of these tools, and the Coalition is committed to protecting this lifesaving piece of legislation from repeal."[5]
Measure design
The veto referendum would repeal House Bill 4885 (H. 4885), also known as Acts of 2024 Chapter 135, An Act Modernizing Firearm Laws. It was set to take effect on October 23, 2024. On October 2, Gov. Maura Healey (D) signed an emergency preamble to put the law into effect immediately, preempting a suspension of the law by proponents of the veto referendum.[6][1]
Click on the arrows (▼) below for summaries of the different provisions of the law.
Firearm ownership: Changes to regulations governing firearm ownership
The targeted law authorizes local firearm licensing authorities to transfer inspection responsibilities to the Massachusetts State Police.
The law requires a person to receive a basic firearms safety certificate to apply for a Firearm Identification Card (FID) or License to Carry (LTC). This requirement would not apply to individuals who have a valid FID or LTC on August 1, 2024, or when they go to renew their license.
To receive a Firearm Identification Card (FID), the law requires the applicant to:[1]
- be 18 years of age or an individual between the ages of 15 and 17 with parental or guardian consent;
- be a resident under the licensing district's authority or an area of exclusive federal jurisdiction;
- not have a criminal history or mental health issues, according to the Department of Mental Health; and
- submit a firearms safety certificate or other training that meets state requirements.
An FID allows the cardholder to purchase, transfer, possess, and carry certain firearms, like non-semi-automatic rifles and shotguns, but it does not allow the cardholder to possess or carry large-capacity or semi-automatic rifles and shotguns, except at a licensed shooting range or club. The card is valid for six years.
To receive a License to Carry (LTC), the law requires the applicant to:[1]
- be 21 years or older;
- be a resident under the licensing district's authority, a law enforcement officer employed by the licensing authority, or be a resident of an area of exclusive federal jurisdiction;
- not have a criminal history or mental health issues, according to the Department of Mental Health; and
- submit a firearms safety certificate.
A LTC allows the licensee to purchase, rent, lease, borrow, possess, and carry firearms, including large-capacity firearms, but it does not allow the holder to transfer, possess, or carry large-capacity feeding devices or assault-style firearms. The license is valid for six years. The law requires an LTC, rather than a FID, to purchase a semiautomatic rifle or shotgun that is not considered an assault-style firearm under the new law.
Ban on assault-style firearms: Change state ban from assault weapons to assault-style firearms
<ref> tag; invalid names, e.g. too many
- operated by manual bolt, pump, lever, or slide action;
- rendered permanently inoperable;
- manufactured prior to the year 1899;
- classified as an antique or relic, theatrical prop, or other weapon that is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon;
- unable to accept a detachable magazine that holds more than five rounds of ammunition; or
- a shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
H. 4885 defines an assault-style firearm as:[1]
- a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes at least two of the following features:
- a folding or telescopic stock;
- a thumbhole stock or pistol grip;
- a forward grip or second handgrip or protruding grip that can be held by the non-trigger hand;
- a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature; or
- a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
- a semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least two of the following features:
- the capacity to accept a feeding device that attaches to the pistol outside of the pistol grip;
- a second handgrip or a protruding grip that can be held by the non-trigger hand;
- a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer; or
- a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
- a semiautomatic shotgun that includes at least two of the following features:
- a folding or telescopic stock;
- a thumbhole stock or pistol grip;
- a protruding grip for the non-trigger hand; or
- the capacity to accept a detachable feeding device.
- any firearm, or copies or duplicates of these firearms, listed on the assault-style firearm roster pursuant to section 128A; and
- any of the firearms, or copies or duplicates of these firearms, listed in the federal Public Safety and Recreational Firearms Use Protection Act as of September 13, 1994.
H. 4885 states the previous exclusions from the definition of an assault weapon in the new definition of assault-style firearm.
Other firearm regulations: Firearm tracing, reporting, and penalties
The law prohibits manufacturing or assembling 3D-printed firearms without a valid LTC. It also requires privately made firearms to obtain a unique serial number and to register the firearm with the DCJIS within seven days of the firearm's manufacture or assembly.
The law requires gun owners to report the loss or theft of a firearm within seven days to the licensing authority or the state police and the DCJIS. The penalty, among others, for not doing so is suspension or permanent loss of FID or LTC. Gun dealers must report lost or stolen firearms immediately.[1]
The law creates criminal penalties for discharging a firearm within 500 feet of a dwelling or other building in use, with exceptions.
The law changed who could petition a court for a civil order (Extreme Risk Protection Order) that temporarily suspends an individual's access to firearms for up to one year if a judge determines they are at risk of harming themselves or others. The law adds school administrators and licensed healthcare providers to the list of authorized persons who can seek such an order. The list already included a person's family members, household members, current or former dating partners, and the local firearm licensing authority. The law also permits courts to order firearm surrender when issuing Harassment Prevention Orders.
H. 4885 allows persons between the ages of 12 and 18 to purchase self-defense sprays, such as mace and pepper spray, with a permit. Persons between the ages of 12 and 15 are required to submit parental or guardian consent to obtain the permit. Such permits are valid for three years.
Lastly, H. 4885 also establishes:[1]
- a 13-member special legislative commission to "study and investigate emerging firearm technology,"
- a 19-member special legislation commission to study "the commonwealth's funding structure for violence prevention services," and
- a 15-member special legislative commission to "study the collection, maintenance, access, use and distribution of firearm data" by the state, and
- a 12-person task force at the Executive Office of Health and Human Services to review the availability of federal funding to support violent crime prevention programs.
The commissions and task force have specific recommendation requirements and reporting deadlines.
Text of measure
Full text
The full text of the legislation is below:[1]
Opposition to H. 4885
The Civil Rights Coalition is leading the campaign behind the veto referendum on An Act Modernizing Firearm Laws (H. 4885).[7] In Massachusetts, sponsors of a veto referendum advocate for a "no" vote on the ballot question, as a "no" vote repeals the targeted legislation. Toby Leary, co-owner of Cape Gun Works, is the campaign's chairperson.[3][8]
Opponents of H. 4885
Corporations
Arguments
Support for H. 4885
MA Coalition to Prevent Gun Violence is leading the campaign behind "yes" vote. In Massachusetts, opponents of a veto referendum advocate for a "yes" vote on the ballot question, as a "yes" vote upholds the targeted legislation. Ruth Zakarin, executive director of the MA Coalition to Prevent Gun Violence, is the chairman for the committee.
Supporters of H. 4885
Officials
- Gov. Maura Healey (D)
Organizations
Arguments
Campaign finance
One committee registered to oppose H. 4885 — The Civil Rights Coalition. It has not reported any campaign finance totals.[9]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
House Bill 4885 (2024)
The Massachusetts State Legislature passed House Bill 4885, also known as Acts of 2024 Chapter 135, An Act Modernizing Firearm Laws, during the 2023-2024 legislative session. It was approved in the state House by a vote of 124-33, with two not voting on July 18, 2024. It was approved in the state Senate by a vote of 35-5 on the same day. It was set to take effect on October 23, 2024. On October 2, Gov. Maura Healey (D) signed an emergency preamble to put the law into effect immediately, preempting a suspension of the law by proponents of the veto referendum. The legislative vote breakdown is below.[6][1]
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At the bill's signing, Gov. Healey said, "Massachusetts is proud of our strong gun laws, but there is always more work to be done to keep our communities safe from violence. This legislation updates our firearms laws in response to the Supreme Court’s misguided Bruen decision. It cracks down on ghost guns and 3-D printed weapons, which I have long advocated for, enhances our ability to prevent guns from falling into dangerous hands, and invests in our communities to address the root causes of violence. This law will save lives, and I’m grateful to the Legislature and gun safety advocates for their hard work to see this through."[10]
Randy Kozuch, executive director of the NRA Institute for Legislative Action (NRA-ILA), said, "With Governor Healey’s signature, Massachusetts has enacted one of the most egregious and freedom-restricting laws in the history of the Commonwealth. We are thankful for the bipartisan group of legislators who stood against gun registries and the banning of commonly owned firearms and standard magazines. NRA will be challenging this law to restore the rights guaranteed to Bay Staters by the U.S. Constitution."[11]
Referendums in Massachusetts
- See also: List of veto referendum ballot measures
In 1918, voters approved a constitutional amendment to establish the initiative and referendum process in Massachusetts. From 1919 to 2024, voters decided on 22 veto referendums. Voters upheld 12 bills (55%) and repealed 10 bills (45%).
The most recent veto referendum was on the ballot in 2022, when voters approved Question 4, upholding House Bill 4805 (H. 4805). The legislation allowed persons without verified citizenship or immigration status to obtain a driver’s license or motor vehicle registration with other forms of identification.
The veto referendum on H. 4885—Acts of 2024 Chapter 135, An Act Modernizing Firearm Laws—is the first in Massachusetts related to firearms. Voters decided on a firearm-related ballot initiative, Question 5, in 1976. Question 5 would have prohibited the possession, ownership, or sale of handguns (defined as weapons capable of discharging a shot or bullet with a barrel length under 16 inches). Voters rejected the ballot initiative.
Across the 23 states that provide for a veto referendum process, just one referendum addressed firearms: Maryland Question 3 of 1988. Voters approved Question 3, upholding legislation prohibiting the manufacture or sale of handguns not included on the state's roster of permitted handguns.
Here is the veto referendum process in Massachusetts:
- Signature requirement: 1.5 percent of the gubernatorial vote for a referendum or 2 percent of the gubernatorial vote to also suspend the law
- Result of a yes vote: targeted law upheld
- Result of a no vote: targeted law repealed
- Allows for veto referendums on emergency legislation
- Successful veto referendum petitions may or may not suspend the targeted law until the election, depending on the number of valid signatures submitted
Below is the full list of Massachusetts veto referendums between 1919 and 2022.
Firearm policy measures on the ballot since 2010
Ballotpedia tracked the following statewide ballot measures related to firearm policy appearing on ballots between 2010 and 2024. Seven measures were approved, and two were defeated.
| Firearm policy measures on the ballot since 2010 | |||||
|---|---|---|---|---|---|
| Ballot measure | Description | Year | Status | Yes margin | No margin |
| Oregon Measure 114, LR-130, Changes to Firearm Ownership and Purchase Requirements Initiative | Require permits issued by local law enforcement to buy a firearm and prohibit ammunition magazines capable of holding more than 10 rounds | 2022 | 50.65% | 49.35% | |
| Montana LR-130, Limit Local Government Authority to Regulate Firearms Measure | Removes local governments' authority to regulate firearms, including regulation of concealed carry | 2020 | 50.96% | 49.04% | |
| Washington Initiative 1639, Changes to Gun Ownership and Purchase Requirements Measure | Implements changes to gun ownership and purchase requirements | 2018 | 59.35% | 40.65% | |
| California Proposition 63, Background Checks for Ammunition Purchases and Large-Capacity Ammunition Magazine Ban Measure | Background checks for ammunition purchases | 2016 | 63.08% | 36.92% | |
| Maine Question 3, Background Checks for Gun Sales Measure | Requires background checks for gun sales and transfers | 2016 | 48.20% | 51.80% | |
| Nevada Question 1, Background Checks for Gun Purchases Measure | Background checks for gun purchases | 2016 | 50.45% | 49.55% | |
| Washington Initiative 1491, Individual Gun Access Prevention by Court Order Measure | Risk protection orders regarding firearms access | 2016 | 69.39% | 30.61% | |
| Washington Initiative 594, Universal Background Checks for Gun Purchases Measure | Requires background checks be performed on all gun purchasers | 2014 | 59.27% | 40.73% | |
| Washington Initiative 591, Gun Rights Measure | Prevents confiscation of firearms without due process and implementation of more extensive background checks than those at the federal level | 2014 | 44.73% | 55.27% | |
Path to the ballot
The state process
In Massachusetts, the number of signatures required to qualify a veto referendum for the ballot is equal to 1.5 percent of the total votes cast for governor in the most recent gubernatorial election. If the petitioners submit a written request for the suspension of the targeted law prior to the referendum election, signatures equal to 2 percent of the total votes last cast for governor are required to both suspend the law and force an election. No more than one-quarter of the certified signatures on initiative or referendum petitions may come from any one county. Signatures for a veto referendum petition must be submitted no more than 90 days after the governor signs the targeted bill or it is enacted into law.
The requirements to get a veto referendum certified for the 2026 ballot:
- Signatures (without suspending): 37,287 valid signatures
- Signatures (with suspending): 49,716 valid signatures
- Deadline: Depends on the date of enactment for the targeted bill
If the 1.5 percent threshold is met, the targeted law is not suspended, but it is put before voters at the next general election to be upheld or rejected. If a petition seeks to suspend the targeted law and reaches the 2 percent threshold, the targeted law is suspended until the next general election, at which voters decide whether to approve the bill or reject it.
Details about this initiative
Gun Owners' Action League (GOAL) announced that the veto referendum against Chapter 135 of the Acts of 2024 (H. 4885) on August 12, 2024.[12] Supporters organized a political action committee, The Civil Rights Coalition, to advocate for the veto referendum.[13] The campaign needed to collect 37,287 signatures for the referendum. An additional 12,429 signatures were needed to suspend the law until voters decided on the referendum in 2026.
On October 2, 2024, Gov. Maura Healey (D) issued an emergency preamble, causing H. 4885 to go into effect immediately.[14] With the law in effect before signatures were submitted for the referendum, the law could not be suspended. Gov. Healey said, "This gun safety law bans ghost guns, strengthens the Extreme Risk Protection Order statute to keep guns out of the hands of people who are a danger to themselves or others, and invests in violence prevention programs. It is important that these measures go into effect without delay."[15] Toby Leary, chairman of The Civil Rights Coalition, said, "I do believe the governor acted outside of the constitutional provisions. No doubt, under Article 48, there’s a provision there for a governor to sign an emergency preamble. However, the way in which it was done for purely political purposes to suppress a right, I believe the courts would look very disfavorably on."[16]
The Civil Rights Coalition submitted 93,229 signatures to local election officials on October 9.[17][18] Signatures were delivered to the secretary of the commonwealth's office on October 23.[19]
On November 22, 2024, the secretary of the commonwealth's office reported that 78,707 signatures were verified, exceeding the requirement of 37,287.[2] As enough signatures were submitted for the veto referendum, the question was certified for the general election on November 3, 2026.
How to cast a vote
- See also: Voting in Massachusetts
See below to learn more about current voter registration rules, identification requirements, and poll times in Massachusetts.
See also
View other measures certified for the 2026 ballot across the U.S. and in Massachusetts.
Explore Massachusetts's ballot measure history, including citizen-initiated ballot measures.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 Massachusetts State Legislature, "H. 4885," accessed August 13, 2024
- ↑ 2.0 2.1 Massachusetts Secretary of the Commonwealth, "Signature Verification Notice," November 22, 2024
- ↑ 3.0 3.1 Massachusetts Office of Campaign and Political Finance, "Statement of Organization," accessed November 25, 2025
- ↑ MSN, "Gun owners racing to suspend Massachusetts new firearms law," accessed December 13, 2024
- ↑ Fall River Reporter, "Massachusetts gun law opponents deliver boxes of signatures," accessed December 13, 2024
- ↑ 6.0 6.1 WCVB, "Gov. Healey signs emergency preamble that puts Massachusetts' new gun law into effect immediately," October 2, 2024
- ↑ The Civil Rights Coalition, "Homepage," accessed November 12, 2024
- ↑ Boston Herald, "Gun owners racing to suspend Massachusetts’ new firearms law amid repeal effort," August 27, 2024
- ↑ OCPF, "The Civil Rights Coalition," accessed December 9, 2024
- ↑ Mass.gov, "Governor Healey Signs Gun Safety Legislation Cracking Down on Ghost Guns, Strengthening Violence Prevention," July 25, 2024
- ↑ NRA-ILA, "Massachusetts: Gov. Healey Signs Radical Gun Control Into Law," July 25, 2024
- ↑ Berkshire Eagle, "Massachusetts gun law opponents begin process to repeal the state's new gun law," accessed August 13, 2024
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedstatementofor - ↑ WCVB, "Gov. Healey signs emergency preamble that puts Massachusetts' new gun law into effect immediately," October 2, 2024
- ↑ Associated Press, "Massachusetts governor puts new gun law into effect immediately," October 2, 2024
- ↑ Yahoo News, "Gun Law Opponents Say Volunteers Got 90,000 Signatures," October 9, 2024
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedsigs - ↑ NECN, "More than 95,000 people sign petition protesting sweeping firearms bill in Mass.," October 23, 2024
- ↑ WHDH, "Gun law opponents deliver boxes of signatures," October 24, 2024
- ↑ Secretary of the Commonwealth of Massachusetts, "The Voting Process," accessed April 13, 2023
- ↑ 21.0 21.1 21.2 Secretary of the Commonwealth of Massachusetts, "Voter Registration Information," accessed April 13, 2023
- ↑ Governing, “Automatic Voter Registration Gains Bipartisan Momentum,” accessed April 13, 2023
- ↑ 23.0 23.1 NCSL, "State Profiles: Elections," accessed August 26, 2024
- ↑ Secretary of the Commonwealth of Massachusetts, "Massachusetts Official Mail-in Voter Registration Form," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 26.0 26.1 Secretary of the Commonwealth of Massachusetts, "Identification Requirements," accessed April 13, 2023
- ↑ 27.0 27.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
