Section 128. Any licensee under a license described in section one hundred and twenty-three, and any employee or agent of such a licensee, who violates any provision of said section required to be expressed in the second, fourth, sixth, seventh, eighth, ninth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth or twenty-first condition of said license, and except as provided in section one hundred and twenty-eight A, any person who, without being licensed as hereinbefore provided, sells, rents or leases a firearm, rifle, shotgun or machine gun, 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 one year nor more than ten years, or by both such fine and imprisonment.
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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XX - Public Safety and Good Order
Section 1 - ''licensing Authorities'' Defined
Section 3 - Content of Innholders' Licenses; Governing Statutes
Section 4 - Contents of Innholder and Common Victuallers License Generally; Coverage; Term
Section 5 - Food and Accommodations; Availability
Section 6 - Conditions Precedent; Proposed Plans; Cost Estimates; License as Victualler or Innholder
Section 6b - Food Allergy Awareness
Section 7 - Refusing to Provide for Travelers
Section 9 - Suspension; Revocation; Forfeiture of Innholder and Common Victuallers License
Section 9a - Keeping of Premises Open Throughout Year
Section 10 - Liability for Loss of Property
Section 11 - Fire or Overwhelming Force; Liability
Section 12a - ''hotel'' Defined for Secs. 12b to 12d
Section 12b - Removal of Guest From Hotel
Section 12d - Persons Negligently or Intentionally Causing Damage to Hotel; Liability
Section 13 - Posting of Statutory Provisions
Section 14 - Sale of Guest's Property; Notice
Section 15 - Disposition of Proceeds
Section 16 - Sale Proceeds; Payment to Owner by State Treasurer
Section 17 - Loss by Guest; Negligence and Violation of Regulations as Defense
Section 18 - Signs; Penalty for Failure to Have Sign
Section 19 - Summary of Laws for Authorities and Licensees
Section 20 - Unlicensed Innholders or Victuallers
Section 21 - Third Convictions
Section 21b - Contents of License; Coverage; Expiration; Fee; Suspension; Revocation
Section 21c - Unlicensed Business; Penalties
Section 21d - Inapplicability of Statute to Certain Persons
Section 21f - Unlicensed Organization; Officer or Employee Dispensing Food or Beverage
Section 22 - ''lodging House'' Defined
Section 22a - Cooking Facilities
Section 24 - Unlicensed Keepers; Injunction
Section 25 - Inspection of Premises
Section 26 - Permitting Immoral Conduct; Defense; Evidence
Section 28 - Register; Order to Keep
Section 29 - Register; True or Used Name; Failure to Register; Penalty
Section 30 - Revocation and Suspension of License; Investigation; Hearing; Notice; Appeal
Section 31 - Posting of Notice of Statutes
Section 32 - Convictions; Transmission of Copy of Record to Licensing Authorities
Section 32a - Necessity of License; Motel Defined
Section 32c - Examination of Licensed Camps and Cabins; Unsanitary Conditions
Section 32d - Rules and Regulations; Posting
Section 32e - Operating Business Without License
Section 32i - Register; Retention; Inspection; Penalty
Section 32j - Summary Process to Recover Possession; Termination of Tenancy or Lease
Section 32k - Appeals; Reinstatement; Reissuance
Section 32l - Requirements and Restrictions Applicable to Manufactured Housing Communities
Section 32n - Reprisals for Report of Violations
Section 32o - Actions to Enforce Secs. 32l or 32m; Mailing Copies of Orders
Section 32p - Terms and Conditions of Occupancy; Disclosure in Writing; Required Notice
Section 32q - ''manufactured Home'' Defined
Section 32s - Rules and Regulations
Section 33 - Public Lodging House; Definition; Cubicle Plan
Section 34 - Licensing Authority; Revocation; Fee; Expiration; Contents; Coverage
Section 37 - Register; Inspection
Section 38 - Free Access to Officers
Section 39 - Keeping of House Without License
Section 40 - Violation of Statutes
Section 46b - Licensing of Employment Agency; Necessity; Posting; Governing Provisions
Section 46c - Application for License
Section 46e - Assignment or Transfer of License; Locations; Number of Licenses
Section 46g - Claims or Suits Against Licensee
Section 46k - Prohibited Activities or Conduct
Section 46l - Fees; Restrictions on Charge or Acceptance
Section 46m - Receipt of Fees or Payments Contrary to Sec. 46l; Return
Section 46n - Contract Between Prospective Employee and Agency
Section 46p - Posting of Copy of Secs. 46a to 46o
Section 47 - Coffee and Tea Houses
Section 50 - Lunch Carts; Fee of Highway Not Owned by Town
Section 51 - Facial and Scalp Massage; Bath Houses
Section 52 - Massage or Baths; Inspection
Section 53 - Massage or Baths; Penalty
Section 54a - Automobile Graveyards
Section 55 - Junk Dealers; Penalty; Exceptions
Section 56 - Junk Collector Defined
Section 56a - Shooting Galleries
Section 57 - Sale of Second Hand Vehicles; Necessity of License; Exceptions; Auctions; Reports
Section 59a - Motor Vehicle Junkyards; Requirements
Section 60 - Registrar's Rules and Regulations
Section 62 - Record Book; Contents; Maintenance in an Electronic Data Management System
Section 67 - Obstruction of Entrance or Examination by Officers; Refusal to Exhibit Items Demanded
Section 68 - Unlicensed Business
Section 69 - Violation of Statutes, Rules or Regulations
Section 70 - Licensing of Pawnbrokers; Governing Statutes; Revocation
Section 72 - Interest Rate; Penalty
Section 73 - Entry Upon Premises; Investigation; Examination of Articles, Books and Inventories
Section 74 - Obstruction of Entrance or Examination by Officer; Failure to Exhibit Items Demanded
Section 75 - Unlicensed Business
Section 76 - Loans on Personal Property; Purchases on Condition of Reselling; Exceptions
Section 78 - Regulations; Interest Rate
Section 79 - Record Book; Information Furnished to Authorities
Section 80 - Memorandum for Pawner; Charge
Section 81 - Inspection of Books
Section 82a - Violations of Sec. 79; Liability of Pawnbroker
Section 83 - Tools; Purchase or Pawn; Record Book; Signature of Seller or Pawner
Section 84 - Wrong Name or Address of Seller or Pawner
Section 85 - Statutes Not Applicable
Section 87 - Inspection of Record Book; Exhibition of Property
Section 88 - Stolen Articles; Detention; Producing in Court
Section 89 - Obstruction of Inspection or Examination; Violation of Statutes
Section 90 - Loans for Less Than $1000; Statute Not Affected; Waiver or Release
Section 90a - Home Mortgages; Interest Rates; Definitions; Application
Section 90c - Home Mortgages; Receipt for Payment; Penalty
Section 90d - Loans in Violation of Sec. 90a; Discharge; Jurisdiction
Section 91 - Loans for Less Than $1000; Mortgage or Pledge
Section 95 - Applicability of Secs. 90 to 94; Effect on Statutes
Section 96 - Small Loan Business
Section 96a - Securities; Public Sale; Permit, Necessity, Revocation
Section 97 - Regulations; Preservation of Records Relating to Compliance
Section 98 - Annual Report; Failure to File, Amend; Fine
Section 99 - Examinations by Commissioner; Penalty
Section 101 - Term of License; Contents; Posting
Section 102 - Fees; More Than One Business; Multi-State Licensing System
Section 103 - Penalties; Voidable Loans
Section 106 - Illegal Interest; Order of Commissioner; Recovery in Action or Suit; Costs
Section 108 - Assignment or Order for Wages or Salary; Validity; Requisites
Section 109 - Receipt; Part Payment
Section 110 - Business Without License; Penalty; Validity of Transactions; Evidence
Section 111 - Rate of Interest in Absence of Agreement
Section 112 - Duties of Police
Section 113 - Disposal of Returns Made to Commissioner
Section 114 - Companies, Associations and Societies; Necessity of License
Section 114b - Finance Charges on Open End Credit Accounts; Maximum Rates; Computation
Section 114c - Annual Fee; Notice; Cancellation of Agreement; Reports
Section 116 - Dangerous Engines or Furnaces; Nuisance; Building Regulations; Service of Process
Section 117 - Appeal; Injunction
Section 118 - Stationary Engines; Distance From Buildings
Section 119 - Nuisance; Removal
Section 121 - Firearms Sales; Definitions; Antique Firearms; Application of Law; Exceptions
Section 121a - Identification of Firearms; Certificate by Ballistics Expert as Prima Facie Evidence
Section 122c - Illegal Sale or Possession of Self-Defense Spray; Penalty for Violation
Section 123 - Conditions of Licenses
Section 124 - Term of Licenses
Section 125 - Forfeiture or Suspension of Licenses; Notice
Section 126 - Placards, Signs or Advertisements; Prima Facie Evidence
Section 127 - Transfer of Licenses
Section 128a - Application of Sec. 128
Section 128b - Unauthorized Purchase of Firearms; Report to Commissioner; Penalties
Section 129 - Fictitious Name or Address and Other False Information; Penalties
Section 129b - Firearm Identification Cards; Conditions and Restrictions
Section 130 - Sale or Furnishing Weapons or Ammunition to Aliens or Minors; Penalty
Section 130b - Firearm Licensing Review Board; Members; License Applicants; Hearings
Section 131 - Licenses to Carry Firearms; Conditions and Restrictions
Section 1311/2 - Gun Control Advisory Board
Section 1313/4 - Roster of Large Capacity Rifles, Shotguns, Firearms, and Feeding Devices
Section 131b - Penalty for Loan of Money Secured by Weapons
Section 131c - Carrying of Firearms in a Vehicle
Section 131f - Nonresidents or Aliens; Temporary License to Carry Firearms or Ammunition
Section 131f1/2 - Theatrical Productions; Carrying Firearms and Blank Ammunition
Section 131g - Carrying of Firearms by Non-Residents; Conditions
Section 131h - Ownership or Possession of Firearms by Aliens; Penalties; Seizure and Disposition
Section 131i - Falsifying Firearm License or Identification Card; Penalty
Section 131j - Stun Guns; Regulations Relating to Use, Access, Training, Etc.
Section 131k - Firearms or Large Capacity Weapons Without Safety Devices; Liability
Section 131n - Covert Weapons; Sale, Transfer or Possession; Punishment
Section 131o - Colonel of State Police; Statewide Firearms Surrender Program
Section 131p - Basic Firearms Safety Certificate; Instructors; Public Service Announcements
Section 131r - Extreme Risk Protection Orders; Petitions
Section 131t - Extreme Risk Protection Orders; Emergency Orders
Section 131y - Extreme Risk Protection Orders; Annual Reporting
Section 136a - Definitions Applicable to Secs. 137 to 174f
Section 137 - Registration and Licensing of Dogs
Section 137a - Kennel Licenses
Section 137b - Sale or Other Delivery of Unlicensed Dog by Kennel Licensee
Section 137c - Inspection of Kennels; Revocation, Suspension and Reinstatement of License; Nuisance
Section 137d - Surrender of License or Tag for Offenses Against Animals
Section 138 - Change of Owner or Keeper of Licensed Dog; Dog Brought Into Commonwealth
Section 139a - Shelters; Sale or Gift of Dog or Cat Not Spayed or Neutered
Section 141 - Violation of Statutes
Section 141a - Application of Law; Exception
Section 141b - Application of Law; Licensed Pet Shops Exempted
Section 145a - Anti-Rabic Vaccine and Treatment; Rates of Compensation
Section 146 - License Valid Throughout State; Removal of Dog Into Another Town or City
Section 147 - Issuance of Licenses; Disposition of Fees; Action on Official Bond
Section 149 - Accounts of Treasurers
Section 150 - Lists of Dogs; Refusal to Answer Person Listing Dogs; False Answers
Section 151b - Emergency Treatment of Dogs or Cats Injured on Ways; Payment to Veterinarians
Section 151c - Animal Control Officer Training Course
Section 152 - Returns by Officers
Section 153 - Form of Warrant to Officers
Section 155 - Liability for Damage Caused by Dog; Minors; Presumption and Burden of Proof
Section 156 - Killing Dogs Under Certain Conditions; Wounded Dogs
Section 157 - Nuisance or Dangerous Dogs; Orders for Remedial Action; Appeal; Violation of Order
Section 158 - Euthanizing Unrestrained Dogs or Dogs in Wild State
Section 159 - Treble Damages for Injuries Caused by Dogs Ordered to Be Restrained
Section 160 - Euthanizing Dogs That Have Worried or Killed Stock or Fowl; Bond
Section 161 - Damages Caused by Dogs and Paid by City or Town; Compensation for Appraisers
Section 161a - Damages Caused by Dogs Not Reimbursable; Amount of Awards
Section 163 - Notice to Euthanize Dog Which Has Caused Damage
Section 164 - Failure to Euthanize, Confine or Restrain Dog After Notice
Section 166 - Election of Remedy by Person Damaged
Section 167 - Ordering Dogs to Be Restrained; Euthanizing Unrestrained Dogs
Section 168 - Service of Order to Muzzle or Restrain Dogs; Penalty
Section 169 - Penalty on Officer; Report of Refusal or Neglect of Officer to Perform Duties
Section 171 - Liability to City or Town of Owner or Keeper of Dog
Section 173 - Ordinances and By-Laws Relating to Animals
Section 173a - Violation of Dog Control Laws; Non-Criminal Disposition
Section 174 - Recovery of Penalties
Section 174a - Euthanizing of Dogs or Cats by Barbiturates
Section 174b - Restraint of Dogs in Public Highway Rest Areas; Penalty
Section 174d - Research Institutions; License to Use Dogs or Cats; Rules and Regulations
Section 174e - Chaining or Tethering Dog; Confinement; Restrictions; Penalty
Section 176 - Registration of Stallion for Breeding Purposes; Certificate; Penalty
Section 177 - Licensing for Billiards, Pool or Sippio Table or Bowling Alley; Public Hearing
Section 178 - Business Operated Without License
Section 179 - Minors Admitted to Places of Business
Section 180 - Location of Bowling Alleys in Places Other Than as Ordered; Restraint
Section 180c - Application; Contents; Notice; Refusal; Revocation; Fees
Section 180d - Agency Contracts
Section 180g - Rules and Regulations
Section 181a - Appearance Under Assumed Name; Statement Filed; Penalty
Section 181b - Schedule of Prices for Patrons Posted; Penalty
Section 182 - Entertainment Without License; Exceptions
Section 182a - Price to Appear on Ticket; Penalty
Section 183c - Violation of Statute; Report of Conviction; Revocation of Charter of Corporation
Section 183d - Minimum or Cover Charge
Section 184 - Entertainments at Which Alcoholic Beverages Are Sold
Section 185b - Fees For, and for Renewal Of, Licenses to Resell Tickets
Section 185c - Revocation or Suspension of License
Section 185f - Violation of Statutes and Regulations Relative to Reselling of Tickets
Section 185g - Nonapplicability of Statutes to Tickets for Entertainment of Nonprofit Organizations
Section 185i - Fortune Tellers; License
Section 187 - Maintenance of Rink Without License
Section 188 - Grant of License for Picnic Grove; Terms, Conditions and Regulations
Section 189 - Maintenance of Grove Without License
Section 190 - Peddling, Selling, Gaming, Horse Racing or Exhibitions Near Grove
Section 191 - Grant of License for Power Propelled Boats
Section 192 - Term; Record; Fee; Contents; Posting; Maximum Number of Passengers
Section 193 - Running of Boats Without License
Section 194 - Prohibition of Business of Renting of Boats or Bathing Suits Without a License
Section 195 - Posting of Notices Relative to Statutes
Section 196 - Engagement in Business Without License
Section 197 - Admission of Children to Entertainments
Section 198 - Admission of Young Persons to Dance Halls
Section 199 - Dance Halls and Skating Rinks; Statutes Posted at Entrances
Section 200 - Violation of Statutes
Section 201 - Right of Officers to Enter Premises; Obstruction of Entrance
Section 202 - Signature On, Record, Contents and Term of Licenses; Fees
Section 203 - Effective Date of License
Section 204 - Coverage of License
Section 205 - Revocation of License; Record; Notice