Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H3863 Introduced / Bill

Filed 04/03/2023

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HOUSE DOCKET, NO. 4122       FILED ON: 1/31/2023
HOUSE . . . . . . . . . . . . . . . No. 3863
The Commonwealth of Massachusetts
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PRESENTED BY:
Susan Williams Gifford
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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 dangerous release of personal civil rights information.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Susan Williams Gifford2nd Plymouth1/31/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 3
HOUSE DOCKET, NO. 4122       FILED ON: 1/31/2023
HOUSE . . . . . . . . . . . . . . . No. 3863
By Representative Gifford of Wareham, a petition (subject to Joint Rule 12) of Susan Williams 
Gifford and Joseph D. McKenna relative to the maintenance of records on the transfer of 
firearms, rifles, shotguns, machine guns and ammunition. Public Safety and Homeland Security.
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 dangerous release of personal civil rights information.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to 
ensure sensitive information is kept secure, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Whereas, the public release of information regarding the transfer of firearms, rifles, 
2shotguns, machine guns and ammunition is inherently dangerous to the safety of the general 
3public, both gun owners and non-gun owners alike.
4 Whereas, the misuse of such data could aid in criminal activity, the harassment and 
5endangerment of lawful citizens, law enforcement personnel and victims of domestic violence.
6 Whereas, there is no legitimate reason for the general public to have access to such 
7information as the Right to Keep and Bear Arms is a civil right much like voting and the freedom 
8of religion. Neither of which the government keeps or releases data on who we vote for or what 
9church we may attend. 2 of 3
10 Therefore, the sponsors of this Act request that this legislation be considered a public 
11safety emergency and should be expedited and passed into law forthwith.
12 SECTION 1. The first paragraph of Section 10B of Chapter 66 of the General Laws is 
13hereby deleted and replaced with the following:
14 Section 10B. The commissioner of the department of criminal justice information 
15services, the department of criminal justice information services and its agents, servants, and 
16attorneys including the keeper of the records of the firearms records bureau of said department, 
17or any licensing authority, as defined in section 121 of chapter 140, or any government official or 
18agent shall not maintain any records on the transfer of firearms, rifles, shotguns, machine guns 
19and ammunition therefor, as defined in said section 121 of said chapter 140, that contains any 
20personal information including but not limited to names, street address, town, zip code, license 
21identification numbers, date of birth, date of license or card. Further, no government official, 
22employee, or agent shall disclose any such information to the general public to any person, firm, 
23corporation, entity or agency except criminal justice agencies as defined in section 167 of 
24chapter 6 and except to the extent such information relates solely to the person making the 
25request and is necessary to a criminal investigation of the entity making the request and has 
26obtained a warrant for such information.
27 Upon passage of this act, the commissioner of the department of criminal justice 
28information service, the department of criminal justice information services and its agents, 
29servants, and attorneys including the keeper of the records of the firearms records bureau of said 
30department, or any licensing authority, as defined in section 121 of chapter 140, shall destroy all 
31records regarding the transfer or possession of any firearms, rifles, shotguns, machine guns and  3 of 3
32ammunition therefor, as defined in said section 121 of said chapter 140 in their possession and 
33remove and retract all records from any public area where they have been published or made 
34otherwise previously available and to best of their ability recover and data already released.
35 Any individual seller, purchaser, gunsmith, manufacturer, etc. that can demonstrate that 
36they have been harmed or damaged by any prior release of any of this information can seek relief 
37from the commission of the department of criminal justice information service, the department of 
38criminal justice information services and its agents, servants, and attorneys including the keeper 
39of the records of the firearms records bureau of said department, or any licensing authority, as 
40defined in section 121 of chapter 140.