Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2402 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. 2108 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2402
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Todd M. Smola
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 the lawful sale of handguns.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Todd M. Smola1st Hampden1/18/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2108 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2402
18	18	By Representative Smola of Warren, a petition (accompanied by bill, House, No. 2402) of Todd
19	19	M. Smola relative to the lawful sale of guns. Public Safety and Homeland Security.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2522 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the lawful sale of handguns.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2 of Chapter 93A of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting, in line 11, after the word "chapter" the
32	32	3following words: provided that such rules and regulations shall not govern, limit, or otherwise
33	33	4relate to weapons as defined in Section 121 of Chapter 140, the manufacture of weapons or the
34	34	5sale of weapons. Further, that any such rule or regulations having previously being promulgated
35	35	6are hereby repealed.
36	36	7 SECTION 2. Section 123 of chapter 140 shall be stricken in its entirety and replaced
37	37	8with the following;
38	38	9 Section 123. A license granted under section one hundred and twenty-two shall be
39	39	10expressed to be and shall be subject to the following conditions: — 2 of 6
40	40	11 First, That the provisions in regard to the nature of the license and the building in which
41	41	12the business may be carried on under it shall be strictly adhered to.
42	42	13 Second, That the license or a copy thereof, certified by the official issuing the same, shall
43	43	14be displayed on the premises in a position where it can easily be read.
44	44	15 Third, That the licensee shall submit a record of all sales, rentals and leases forthwith at
45	45	16the time of such sale, rental or lease via electronic communication link to the commissioner of
46	46	17the department of criminal justice information services.
47	47	18 Fourth, That every firearm, rifle or shotgun shall be unloaded when delivered.
48	48	19 Fifth, That no weapon shall be sold, rented or leased to a minor or a person who has not a
49	49	20permit then in force to purchase, rent or lease the same.
50	50	21 Sixth, That upon the sale, rental or lease of a firearm, subject to a permit to purchase
51	51	22issued under the provisions of section one hundred and thirty-one A, the licensee under section
52	52	23one hundred and twenty-two shall take up such permit to purchase and shall endorse upon it the
53	53	24date and place of said sale, rental or lease, and shall transmit the same to the executive director of
54	54	25the criminal history systems board; and that upon the sale, rental or lease of a machine gun shall
55	55	26endorse upon the license to possess the same the date and place of said sale, rental or lease, and
56	56	27shall within seven days transmit a notice thereof to said executive director. In case of a sale
57	57	28under the provisions of section one hundred and thirty-one E the licensee under section one
58	58	29hundred and twenty-two shall write in the sales record book the number of the license to carry
59	59	30firearms issued the purchaser under the provisions of section one hundred and thirty-one, or the
60	60	31number of the firearm identification card issued the purchaser under the provisions of section one 3 of 6
61	61	32hundred and twenty-nine B, whichever is applicable under the provisions of condition Eighth of
62	62	33this section.
63	63	34 Seventh, That this license shall be subject to forfeiture as provided in section one hundred
64	64	35and twenty-five for breach of any of its conditions, and that, if the licensee hereunder is
65	65	36convicted of a violation of any such conditions, this license shall thereupon become void.
66	66	37 Eighth, That the third condition shall not apply to a gunsmith with regard to repair or
67	67	38remodeling or servicing of firearms, rifles or shotguns unless said gunsmith has manufactured a
68	68	39firearm, rifle or shotgun for the purchaser, but said gunsmith shall keep records of the work done
69	69	40by him together with the names and addresses of his customers. Such records shall be kept open
70	70	41for inspection by the police at all times.
71	71	42 Ninth, That any licensee shall keep records of each sale, rental or lease of a rifle or
72	72	43shotgun, specifying the description of said rifle or shotgun, together with the name and address
73	73	44of the purchaser, renter or lessee, and the date of such transaction.
74	74	45 Tenth, That the current validity of any firearm identification card, license to carry
75	75	46firearms or permit to purchase, rent or lease firearms presented, and that the person presenting
76	76	47said card, license or permit is the lawful holder thereof, shall be verified by the licensee prior to
77	77	48any sale, rental or lease of a weapon.
78	78	49 Eleventh, That the licensee shall conspicuously post at each purchase counter the
79	79	50following warning in bold type not less than one inch in height: “IT IS UNLAWFUL TO
80	80	51STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE
81	81	52UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY
82	82	53DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER.”, and that 4 of 6
83	83	54such licensee shall provide said warning, in writing, to the purchaser or transferee of any firearm,
84	84	55rifle, shotgun or machine gun in bold type not less than one-quarter inch in height.
85	85	56 Twelfth, That all licensees shall maintain a permanent place of business wherein all
86	86	57transactions described in this section shall be conducted and wherein all records required to be
87	87	58kept under this section shall be so kept.
88	88	59 Thirteenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost
89	89	60or stolen shall report such loss or theft to the licensing authority and the executive director of the
90	90	61firearms record bureau forthwith. Such report shall include a complete description of the
91	91	62weapon, including the make, model, serial number and caliber and whether such weapon is a
92	92	63large capacity weapon.
93	93	64 Fourteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale,
94	94	65lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless such sale is
95	95	66to a business entity that is primarily a firearm wholesaler, and the sale, by its terms, prohibits the
96	96	67purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if
97	97	68such firearm is prone to: (i) firing more than once per pull of the trigger; or (ii) explosion during
98	98	69firing.
99	99	70 No person licensed under the provisions of section 122 or section 122B shall sell, rent,
100	100	71lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding
101	101	72device contrary to the provisions of section 130 or section 131E; and no such licensee shall sell,
102	102	73rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding
103	103	74device to any person who does not have in his possession the required firearm identification card
104	104	75or proof of exemption therefrom, license to carry firearms or permit to purchase, rent or lease 5 of 6
105	105	76firearms and who does not present such card, proof, license or permit to the licensee in person at
106	106	77the time of purchase, rental or lease.
107	107	78 No person licensed under the provisions of section 122 or section 122B shall fill an order
108	108	79for such weapon, ammunition or ammunition feeding device that was received by mail,
109	109	80facsimile, telephone or other telecommunication unless such transaction or transfer includes the
110	110	81in-person presentation of the required card, proof, license or permit as required herein prior to
111	111	82any sale, delivery or any form of transfer of possession of the subject weapon, ammunition or
112	112	83ammunition feeding device. Transactions between persons licensed under section 122 or between
113	113	84federally licensed dealers shall be exempt from the provisions of this paragraph.
114	114	85 The licensing authority shall enter, one time per calendar year, during regular business
115	115	86hours, the commercial premises owned or leased by any licensee, wherein such records required
116	116	87to be maintained under this section are stored or maintained, and inspect, in a reasonable manner,
117	117	88such records and inventory for the purpose of enforcing the provisions of this section. If such
118	118	89records and inventory contain evidence of violations of this section, the inspecting officer shall
119	119	90produce and take possession of copies of such records and, in the event that the licensee subject
120	120	91to inspection does not possess copying equipment, the inspecting officer shall arrange to have
121	121	92copied, in a reasonable time and manner, such records that contain evidence of such violations
122	122	93and the costs for such copying shall be assessed against the owner of such records. Licensees
123	123	94found to be in violation of this section shall be subject to the suspension or permanent revocation
124	124	95of such license issued under section 122 and to the provisions of section 128. Nothing herein
125	125	96shall prohibit the licensing authority or the department of state police from conducting such
126	126	97inspections pursuant to a valid search warrant issued by a court of competent jurisdiction. 6 of 6
127	127	98 Notwithstanding the provisions of this section, a person licensed under the provisions of
128	128	99section one hundred and twenty-two, or section one hundred and twenty-two B, may sell or
129	129	100transfer firearms, rifles, shotguns, machine guns or ammunition at any regular meeting of an
130	130	101incorporated collectors club or at a gun show open to the general public; provided, however, that
131	131	102all other provisions of this section are complied with and that such sale or transfer is in
132	132	103conformity with federal law or regulations applicable to the transfer or sale of firearms, rifles,
133	133	104shotguns, machine guns or ammunition, including the restrictions imposed upon firearm
134	134	105identification cards issued under section 129B, licenses to carry firearms issued under section
135	135	106131 and permits to purchase, lease or rent firearms issued under section 131A.