Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3863 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. 4122 FILED ON: 1/31/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3863
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susan Williams Gifford
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 dangerous release of personal civil rights information.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Susan Williams Gifford2nd Plymouth1/31/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 3
16	16	HOUSE DOCKET, NO. 4122 FILED ON: 1/31/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3863
18	18	By Representative Gifford of Wareham, a petition (subject to Joint Rule 12) of Susan Williams
19	19	Gifford and Joseph D. McKenna relative to the maintenance of records on the transfer of
20	20	firearms, rifles, shotguns, machine guns and ammunition. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the dangerous release of personal civil rights information.
27	27	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
28	28	ensure sensitive information is kept secure, therefore it is hereby declared to be an emergency
29	29	law, necessary for the immediate preservation of the public safety.
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 Whereas, the public release of information regarding the transfer of firearms, rifles,
33	33	2shotguns, machine guns and ammunition is inherently dangerous to the safety of the general
34	34	3public, both gun owners and non-gun owners alike.
35	35	4 Whereas, the misuse of such data could aid in criminal activity, the harassment and
36	36	5endangerment of lawful citizens, law enforcement personnel and victims of domestic violence.
37	37	6 Whereas, there is no legitimate reason for the general public to have access to such
38	38	7information as the Right to Keep and Bear Arms is a civil right much like voting and the freedom
39	39	8of religion. Neither of which the government keeps or releases data on who we vote for or what
40	40	9church we may attend. 2 of 3
41	41	10 Therefore, the sponsors of this Act request that this legislation be considered a public
42	42	11safety emergency and should be expedited and passed into law forthwith.
43	43	12 SECTION 1. The first paragraph of Section 10B of Chapter 66 of the General Laws is
44	44	13hereby deleted and replaced with the following:
45	45	14 Section 10B. The commissioner of the department of criminal justice information
46	46	15services, the department of criminal justice information services and its agents, servants, and
47	47	16attorneys including the keeper of the records of the firearms records bureau of said department,
48	48	17or any licensing authority, as defined in section 121 of chapter 140, or any government official or
49	49	18agent shall not maintain any records on the transfer of firearms, rifles, shotguns, machine guns
50	50	19and ammunition therefor, as defined in said section 121 of said chapter 140, that contains any
51	51	20personal information including but not limited to names, street address, town, zip code, license
52	52	21identification numbers, date of birth, date of license or card. Further, no government official,
53	53	22employee, or agent shall disclose any such information to the general public to any person, firm,
54	54	23corporation, entity or agency except criminal justice agencies as defined in section 167 of
55	55	24chapter 6 and except to the extent such information relates solely to the person making the
56	56	25request and is necessary to a criminal investigation of the entity making the request and has
57	57	26obtained a warrant for such information.
58	58	27 Upon passage of this act, the commissioner of the department of criminal justice
59	59	28information service, the department of criminal justice information services and its agents,
60	60	29servants, and attorneys including the keeper of the records of the firearms records bureau of said
61	61	30department, or any licensing authority, as defined in section 121 of chapter 140, shall destroy all
62	62	31records regarding the transfer or possession of any firearms, rifles, shotguns, machine guns and 3 of 3
63	63	32ammunition therefor, as defined in said section 121 of said chapter 140 in their possession and
64	64	33remove and retract all records from any public area where they have been published or made
65	65	34otherwise previously available and to best of their ability recover and data already released.
66	66	35 Any individual seller, purchaser, gunsmith, manufacturer, etc. that can demonstrate that
67	67	36they have been harmed or damaged by any prior release of any of this information can seek relief
68	68	37from the commission of the department of criminal justice information service, the department of
69	69	38criminal justice information services and its agents, servants, and attorneys including the keeper
70	70	39of the records of the firearms records bureau of said department, or any licensing authority, as
71	71	40defined in section 121 of chapter 140.