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6are hereby repealed.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