Submission of Gun Transactions

Gun transactions must be reported electronically to the DCJIS via the MIRCS. (1) The gun dealer will conduct a physical verification of the firearms license and will also compare the photograph on the license to the individual who presented it. (2) The gun dealer will enter the following information for each gun transaction: (a) the license number appearing on the firearms license; (b) the type of gun being purchased; (c) an indication as to whether or not the gun is a large capacity weapon; (d) the PIN that corresponds to the firearms license; and (e) the detailed decriptive information of the firearm. (3) After the gun information has been entered into the MIRCS, the gun dealer shall contact the National Instant Check System (NICS). 10.07: continued (4) The gun dealer will print out two copies of the completed FA-10 Form, giving one copy to the purchaser and keeping one copy for the gun dealer's records. The purchaser's signature is required on the gun dealer's copy of the FA-10 Form. (5) If MIRCS displays a message that a license is "on hold", the gun dealer shall not proceed with the gun transaction and shall instruct the purchaser to contact the purchaser's licensing authority. (6) In the event that the purchaser's identity and the validity of his or her license cannot be ascertained through the use of a personal identification number, the gun dealer shall immediately contact the DCJIS. Notwithstanding the MIRCS submission requirements set forth in 803 CMR 10.07, a gun dealer may transmit a gun transaction to the DCJIS in an alternative manner, to be determined by the commissioner of the DCJIS or his or her designee, if: (1) granted authorization per gun transaction by the commissioner or his or her designee; and (2) the commissioner or his or her designee determines that the MIRCS infrastructure is not operational. Gun dealers and their agents shall utilize MIRCS for the purpose of conducting gun transactions, including sales, rentals, leases, and transfers and to access all previous sales submitted by the respective gun dealer. No interface or other automated mechanism for accessing MIRCS shall be permitted without the express written permission of the commissioner of the DCJIS. Any licensed gun dealer who violates any provision of, or is otherwise not in compliance with, 803 CMR 10.00 may be found in violation of M.G.L. c. 140, §§ 122 and 123. The DCJIS shall promptly notify the licensing authority of any such violations. A licensing authority, as defined by M.G.L. c. 140, shall only disseminate information contained in the MIRCS as authorized by M.G.L. c. 66, § 10. If any provision of 803 CMR 10.00, or the application thereof, is held to be invalid, such invalidity shall not affect the other provisions or the application of any other part of 803 CMR 10.00 not specifically held invalid and, to this end, the provisions of 803 CMR 10.00 and various applications thereof are declared to be severable.