803 CMR 10.00: Gun Transaction Recording

Authority

G.L. c. 6, §§ 168B, 172M; c. 30A; c. 140, §§ 122, 122A, 123

Issuing Authority: Department of Criminal Justice Information Services (DCJIS)
Regulatory Authority: G.L. c. 4, § 7; c. 6, §§ 168B and 172M; c. 30A; c. 66, § 10; c. 140, §§ 122, 122A, and 123
MA REG. #1333, Dated 2-24-17

Purpose and Scope (§ 10.01)

Governs the electronic recording of gun transactions through MIRCS by licensed dealers.

Definitions (§ 10.02)

Incorporates all definitions from 803 CMR 2.00 (CORI), 5.00, 7.00 (CJIS), 8.00, 9.00 (VNR), and 11.00 (CRA) by reference.

Key additional definitions:
- Gun: Firearms, rifles, shotguns, or machine guns as defined in § 121.
- Gun Dealer: Person licensed under § 122 to conduct gun transactions.
- MIRCS: The automated system owned/maintained by DCJIS for on-line firearms licensing and gun transaction reporting. The sole electronic communication link for dealer transaction submissions.
- PIN (Personal Identification Number): Unique string generated by MIRCS for each licensee at first issue and each renewal.
- Verification: Two-step process: (1) PIN submission to DCJIS and response confirming identity/license validity; (2) visual inspection of license and photo comparison.
- Legacy License: A firearm license issued by a licensing authority but not via MIRCS.

Applicability (§ 10.03)

Applies to gun dealers licensed under § 122.

Training (§ 10.04)

• Only dealers who complete DCJIS-provided MIRCS training may access MIRCS.
• Training must be completed within 60 days of notice from the DCJIS Commissioner.

Background Check Requirements (§ 10.05)

• Dealers must obtain CORI on employees who will have direct, unmonitored contact with firearms (§ 172M mandate).
• Must register for iCORI account and submit requests per 803 CMR 2.00.
• Dealers with no employees must submit an attestation form to DCJIS.
• Noncompliance reported to issuing licensing authority.

Transaction Submission Process (§ 10.07)

• Physical verification: Dealer inspects firearm license and compares photo to purchaser.
• Data entry into MIRCS: License number, gun type, large capacity indicator, PIN, detailed firearm description.
• NICS contact: After MIRCS entry, dealer contacts the National Instant Check System.
• FA-10 Form: Two copies printed; one to purchaser, one retained by dealer. Purchaser's signature required on dealer's copy.
• "On hold" response: Dealer must stop the transaction and direct purchaser to contact their licensing authority.
• Unverifiable identity: Dealer must immediately contact DCJIS.

Exceptions (§ 10.08)

Alternative submission permitted only when:
1. Authorized per-transaction by the DCJIS Commissioner; and
2. The Commissioner determines MIRCS infrastructure is not operational.

Dealer Access to Records (§ 10.09)

Dealers may use MIRCS for transactions and to access their own previous sales. No automated interface without express written DCJIS permission.

Sanctions (§ 10.10)

Violations may constitute violations of §§ 122 and 123. DCJIS promptly notifies the licensing authority.

Licensing Authority Dissemination (§ 10.11)

Licensing authorities may only disseminate MIRCS information as authorized by G.L. c. 66, § 10 (public records law).