Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2360 Compare Versions

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

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 352 FILED ON: 1/12/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2360
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Paul Linsky
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 3D printed guns and ghost guns.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/12/2023Jack Patrick Lewis7th Middlesex1/12/2023Mindy Domb3rd Hampshire1/12/2023Marcus S. Vaughn9th Norfolk1/12/2023Rodney M. Elliott16th Middlesex1/12/2023Lindsay N. Sabadosa1st Hampshire1/15/2023James C. Arena-DeRosa8th Middlesex1/20/2023Manny Cruz7th Essex1/23/2023Michelle L. Ciccolo15th Middlesex1/25/2023Kay Khan11th Middlesex1/25/2023Christine P. Barber34th Middlesex1/25/2023Michael J. BarrettThird Middlesex1/26/2023Carol A. Doherty3rd Bristol1/30/2023Ryan M. Hamilton15th Essex1/30/2023Jennifer Balinsky Armini8th Essex1/31/2023Meghan Kilcoyne12th Worcester2/1/2023Carlos González10th Hampden2/2/2023Michelle M. DuBois10th Plymouth2/7/2023 2 of 2
16	16	Tricia Farley-Bouvier2nd Berkshire2/8/2023Carmine Lawrence Gentile13th Middlesex3/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/9/2023Brandy Fluker Oakley12th Suffolk3/10/2023 1 of 6
17	17	HOUSE DOCKET, NO. 352 FILED ON: 1/12/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2360
19	19	By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2360) of David
20	20	Paul Linsky and others relative to 3D printed weapons and ghost guns. Public Safety and
21	21	Homeland Security.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4869 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to 3D printed guns and ghost guns.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 1. Section 121 of Chapter 140 of the General Laws, is hereby amended by
33	33	2inserting after the word “detectors” in line 77, ‘“frame”, the part of a handgun, or variants
34	34	3thereof, that provides housing or a structure for the primary energized component designed to
35	35	4hold back the hammer, striker, bolt, or similar component prior to initiation of the firing
36	36	5sequence (i.e., sear or equivalent), even if pins or other attachments are required to connect such
37	37	6component to the housing or structure, including any such part (1) that is marketed or sold to the
38	38	7public to be used in an assembled, operable firearm or (2) that can be readily converted for use in
39	39	8an assembled, operable firearm. 2 of 6
40	40	9 Section 2. Section 121 of Chapter 140 of the General Laws is hereby amended by
41	41	10inserting after the word “detectors” in line 77, the following: a firearm shall include any firearm
42	42	11frame or receiver.
43	43	12 Section 3. Section 121 of Chapter 140 of the General Laws is hereby amended by
44	44	13inserting after the word “tense” in line 133, the following: “‘receiver,’ the part of a rifle, shotgun,
45	45	14or projectile weapon other than a handgun, or variants thereof, that provides housing or a
46	46	15structure for the primary component designed to block or seal the breech prior to initiation of the
47	47	16firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are
48	48	17required to connect such component to the housing or structure, including any such part (1) that
49	49	18is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be
50	50	19readily converted for use in an assembled, operable firearm. The term shall not include a piece of
51	51	20material that has had its size or external shape altered to facilitate transportation or storage or has
52	52	21had its chemical composition altered.”
53	53	22 Section 4. Section 121 of Chapter 140 of the General Laws is hereby amended by
54	54	23inserting after the word “lever” in line 165, the following: “‘variant’ and ‘variants thereof’ means
55	55	24a weapon utilizing a similar frame or receiver design irrespective of new or different model
56	56	25designations or configurations, characteristics, features, components, accessories, or attachments.
57	57	26 Section 5. Chapter 140 is hereby amended by inserting the following new Section after
58	58	27Section 122D.
59	59	28 Section 122E.
60	60	29 (a) “assembly” or “assemble” means the fitting together of component parts of a firearm
61	61	30to construct a firearm; but shall not apply to the restoration of antique firearms nor the 3 of 6
62	62	31replacement of existing parts of a completed firearm so long as the parts are properly imprinted
63	63	32with a serial number issued by the Department of Criminal Justice Information Services.
64	64	33 (b) “manufacture” means the newly fabricate or construct a firearm.
65	65	34 (c) No individual shall sell, deliver, or transfer a firearm unless the firearm is required by
66	66	35law to be, and has been, imprinted with a serial number by a licensed importer, manufacturer, or
67	67	36dealer of firearms pursuant to 18 USC 923(i), or with a serial number issued by the by the
68	68	37Department of Criminal Justice Information Services as amended from time to time, and any
69	69	38regulation adopted thereunder within.
70	70	39 (d) No individual shall purchase, obtain, or possess any firearm that is undetectable.
71	71	40"Undetectable firearm” means a firearm that: (1) after removal of all parts other than major
72	72	41components, is not as detectable as the Security Exemplar, by walk-through metal detectors
73	73	42calibrated and operated to detect the Security Exemplar; or (2) includes a major component
74	74	43which, if the firearm were subjected to inspection by the types of detection devices commonly
75	75	44used at airports for security screening, would not generate an image that accurately depicts the
76	76	45shape of the component.
77	77	46 "Major component” means the barrel, the slide or cylinder, or the frame or receiver of a
78	78	47firearm.
79	79	48 “Security Exemplar” means the Security Exemplar fabricated in accordance with
80	80	49subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. § 922
81	81	50 (e) No person shall use a three-dimensional printer to manufacture any firearm, or any
82	82	51part or component that is intended to be used to assemble or manufacture a firearm, unless such 4 of 6
83	83	52person possesses a federal license to manufacture firearms and operates in compliance pursuant
84	84	53to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.
85	85	54 (f) No person shall distribute by any means, including the Internet, to a person in
86	86	55Massachusetts who is not registered or licensed as a manufacturer, digital instructions in the
87	87	56form of computer-aided design files or other code or instructions stored and displayed in
88	88	57electronic format as a digital model that may be used to program a three-dimensional printer to
89	89	58manufacture or produce a firearm, magazine, or firearm component if the distributer intends the
90	90	59instructions to be used in commission of an act against the laws of the Commonwealth or knows,
91	91	60or has reason to know, that the person receiving the instructions intends to use them in
92	92	61commission of an act against the laws of the Commonwealth. As used in this subsection: “three-
93	93	62dimensional printer” means a computer or computer-driven machine or device capable of
94	94	63producing a three-dimensional object from a digital model; and “distribute” means to sell, or to
95	95	64manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, display,
96	96	65share, advertise, offer, or make available via the Internet or by any other means, whether for
97	97	66pecuniary gain or not, and includes an agreement or attempt to distribute.
98	98	67 (g) The department of criminal justice information services shall develop and maintain a
99	99	68system to distribute a unique serial number or other mark of identification to any individual
100	100	69requesting such serial number or mark pursuant to this section, in accordance with applicable
101	101	70federal laws and regulations. Upon an application made by a person for a serial number or mark
102	102	71for a firearm pursuant to this section, which shall include any information required by the
103	103	72department, the department shall confirm with the appropriate licensing authority that the
104	104	73applicant is authorized to possess such firearm and possess a valid license or firearm
105	105	74identification card as required under chapter 140. Upon issuance of a serial number or mark, the 5 of 6
106	106	75department shall maintain identifying information of the person requesting the number or mark
107	107	76and of the firearm for which each such number or mark is requested.
108	108	77 (h) Not later than ninety days after the effective date of this act, an individual who is in
109	109	78possession of a firearm that has not been imprinted with a serial number by the department of
110	110	79criminal justice information services, a licensed importer, manufacturer, or dealer of firearms
111	111	80pursuant to 18 USC 923(i) shall notify the commissioner of the department of criminal justice
112	112	81information services and provide any identifying information concerning the firearm and the
113	113	82owner of such firearm pursuant to Section 128B of Chapter 140, shall apply for a serial number
114	114	83or mark for a firearm pursuant to subsection (g), and within 30 days of receiving such serial
115	115	84number shall imprint or have it imprinted upon the firearm.
116	116	85 (i) No individual shall knowingly, facilitate, aid, or abet the manufacture or assembly of a
117	117	86firearm by an individual or for an individual who is otherwise prohibited by law from owning or
118	118	87possessing a firearm.
119	119	88 (j) The department of criminal justice information services shall promulgate regulations
120	120	89to carry out this section.
121	121	90 (k) The provisions of this section shall not apply to (1) the sale or transfer of a firearm to,
122	122	91or to purchasing, obtaining, or possessing of a firearm by, a federally licensed firearm
123	123	92manufacturer, importer, or dealer, or (2) delivery or transfer of a firearm to a law enforcement
124	124	93agency.
125	125	94 Section 6. Chapter 269 of the Massachusetts General Laws is hereby amended by
126	126	95inserting the following new Section after Section 10K 6 of 6
127	127	96 Section 10L.
128	128	97 (a) Any person who is found to have violated any provision of Chapter 140, Section 122E
129	129	98of the Massachusetts General Laws shall be punished by imprisonment in the state prison for a
130	130	99term of not more than ten years for each offense, or by not more than two and one half years in
131	131	100the House of Correction or by a fine of not more than ten thousand dollars for each offense or by
132	132	101both such imprisonment and fine.
133	133	102 (b) Section 26 of Chapter 218 of the General Laws shall be amended by inserting after
134	134	103the words, “knowing the same to be forged”, the following words:
135	135	104 “a violation of Section 122E of Chapter 140 of the General Laws.”