Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2332 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1367 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2332
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Colleen M. Garry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to electronic defensive devices.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1367 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2332
18	18	By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2332) of Colleen
19	19	M. Garry relative to the defensive use of certain electronic devices. Public Safety and Homeland
20	20	Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2466 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to electronic defensive devices.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 4 of Chapter 123 of the Acts of 2018 is hereby repealed.
32	32	2 SECTION 2. The following definition of Chapter 123 of the Acts of 2018 is hereby
33	33	3repealed.
34	34	4 “Stun gun”, a portable device or weapon, regardless of whether it passes an electrical
35	35	5shock by means of a dart or projectile via a wire lead, from which an electrical current, impulse,
36	36	6wave or beam that is designed to incapacitate temporarily, injure or kill may be directed.
37	37	7 SECTION 3. Section 8 of Chapter 123 of the Acts of 2018 is hereby repealed.
38	38	8 SECTION 4. Section 13 of Chapter 123 of the Acts of 2018 is hereby repealed. 2 of 6
39	39	9 SECTION 5. Section 14 of Chapter 123 of the Acts of 2018 is hereby repealed.
40	40	10 SECTION 6. Section 131J of Chapter 140 is hereby deleted in its entirety and replaced
41	41	11with the following:
42	42	12 (a) For the purposes of this section the following terms shall have the following
43	43	13meanings:
44	44	14 “Electronic Dart Gun” shall mean any electrical defensive device designed primarily to
45	45	15momentarily stun, or temporarily immobilize, a person by passing an electrical shock to such
46	46	16person by means of a dart or projectile via a wire lead; commonly referred to as a TASER.
47	47	17 “Electronic Stun Gun” shall mean any electrical handheld defensive device designed
48	48	18primarily to momentarily stun, or temporarily immobilize a person, by passing an electrical
49	49	19shock to such person. Such device is designed to make direct contact in order to deploy a shock.
50	50	20 “Prohibited Person” shall mean a person who:
51	51	21 (i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender
52	52	22or delinquent child as defined in section 52 of chapter 119 for the commission of: (A) a felony;
53	53	23(B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as
54	54	24defined in section 121; (D) a violation of a law regulating the use, possession, ownership,
55	55	25transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for
56	56	26which a term of imprisonment may be imposed; or (E) a violation of a law regulating the use,
57	57	27possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but
58	58	28not limited to, a violation under said chapter 94C; provided, however, that except for the
59	59	29commission of a violent crime or a crime involving the trafficking of controlled substances, if the 3 of 6
60	60	30person has been so convicted or adjudicated or released from confinement, probation or parole
61	61	31supervision for such conviction or adjudication, whichever occurs last, for 5 or more years
62	62	32immediately preceding the purchase or possession, that person may purchase or possess an
63	63	33electronic dart gun or electronic stun gun;
64	64	34 (ii) in another state or federal jurisdiction, has been convicted or adjudicated a youthful
65	65	35offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable
66	66	36by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a
67	67	37violation of a law regulating the use, possession, ownership, transfer, purchase, sale, lease,
68	68	38rental, receipt or transportation of weapons or ammunition for which a term of imprisonment
69	69	39may be imposed; or (E) a violation of a law regulating the use, possession or sale of a controlled
70	70	40substance as defined in section 1 of chapter 94C; provided, however, that, except for the
71	71	41commission of a violent crime or a crime involving the trafficking of weapons or controlled
72	72	42substances, if the person has been so convicted or adjudicated or released from confinement,
73	73	43probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5
74	74	44or more years immediately preceding the purchase or possession and that applicant's right or
75	75	45ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject
76	76	46conviction or adjudication was entered, then that person may purchase or possess an electronic
77	77	47dart gun or electronic stun gun;
78	78	48 (iii) has been committed to any hospital or institution for mental illness unless the person
79	79	49obtains, prior to purchase or possession, an affidavit of a licensed physician or clinical
80	80	50psychologist attesting that such physician or psychologist is familiar with the applicant's mental
81	81	51illness and that in the physician's or psychologist's opinion the applicant is not disabled by such 4 of 6
82	82	52an illness in a manner that shall prevent the applicant from possessing an electronic dart gun or
83	83	53electronic stun gun;
84	84	54 (iv) is or has been in recovery from or committed based upon a finding that the person is
85	85	55a person with an alcohol use disorder or a substance use disorder or both unless a licensed
86	86	56physician or clinical psychologist deems such person to be in recovery from such condition, in
87	87	57which case, such person may purchase or possess an electronic dart gun or electronic stun gun
88	88	58after 5 years from the date of such confinement or recovery; provided, however, that prior to
89	89	59such purchase or possession of an electronic dart gun or electronic stun gun, the applicant shall
90	90	60submit an affidavit issued by a licensed physician or clinical psychologist attesting that such
91	91	61physician or psychologist knows the person's history of treatment and that in that physician's or
92	92	62psychologist's opinion the applicant is in recovery;
93	93	63 (v) is an alien who does not maintain lawful permanent residency or is an alien not
94	94	64residing under a visa pursuant to 8 U.S.C ? 1101(a)(15)(U), or is an alien not residing under a
95	95	65visa pursuant to 8 U.S.C. 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant to
96	96	668 U.S.C. 1101(a)(15)(T)(i)(I)?(IV);
97	97	67 (vi) is currently subject to: (1) an order for suspension or surrender issued pursuant to
98	98	68section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (2) a permanent or temporary
99	99	69protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or
100	100	70 (vii) is currently the subject of an outstanding arrest warrant in any state or federal
101	101	71jurisdiction. 5 of 6
102	102	72 (b) It shall be lawful for any person aged 21 years or older, who is not a prohibited
103	103	73person, to possess, purchase, carry, transfer, or otherwise utilize for defensive purposes an
104	104	74electronic dart gun as defined in this section.
105	105	75 (c) It shall be lawful for any person aged 18 years or older, who is not a prohibited
106	106	76person, to possess, purchase, carry, transfer, or otherwise utilize for defensive purposes an
107	107	77electronic stun gun as defined in this section. No special permit, license or other conditions shall
108	108	78be required.
109	109	79 (d) Whoever purchases or possesses an electronic dart gun or electronic stun gun in
110	110	80violation of this section shall be punished by a fine of not more than $1,000 or by imprisonment
111	111	81in a house of correction for not more than 2 years or both such fine and imprisonment.
112	112	82 (e) Whoever, not being licensed as provided in section 122B, sells an electronic dart gun
113	113	83or electronic stun gun shall be punished by a fine of not more than $1,000 or by imprisonment in
114	114	84a house of correction for not more than 2 years.
115	115	85 (f) Whoever sells an electronic dart gun or electronic stun gun to a person younger than
116	116	8618 years of age shall be punished by a fine of not more than $300.
117	117	87 (g) The following shall be exempt from this section (1) a federal, state or municipal law
118	118	88enforcement officer, or member of a special reaction team in a state prison or designated special
119	119	89operations or tactical team in a county correctional facility, acting in the discharge of his official
120	120	90duties who has completed a training course approved by the secretary of public safety in the use
121	121	91of such a devise or weapon designed to incapacitate temporarily; or (2) a supplier of such devices
122	122	92or weapons designed to incapacitate temporarily, if possession of the device or weapon is
123	123	93necessary to the supply or sale of the device or weapon within the scope of such sale or supply 6 of 6
124	124	94enterprise. A device or weapon sold under this paragraph shall include a mechanism for tracking
125	125	95the number of times the device or weapon has been fired. The secretary of public safety shall
126	126	96adopt regulations governing law enforcement training on the appropriate use of devices or
127	127	97weapons issued under this paragraph.