Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4135 Compare Versions

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1	1	HOUSE . . . . . . . No. 4135
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4
5	5	HOUSE OF REPRESENTATIVES, October 17, 2023.
6	6	The committee on Ways and Means, to whom was referred the
7	7	message from Her Excellency the Governor submitting requests for
8	8	making appropriations for the fiscal year 2023 for supplementing certain
9	9	existing appropriations and for certain other activities and projects (House,
10	10	No. 4090), reports, in part, recommending that the accompanying bill
11	11	(House, No. 4135), ought to pass [Representatives Smola of Warren,
12	12	D’Emilia of Bridgewater, Muratore of Plymouth, Berthiaume of Spencer,
13	13	McKenna of Webster, Pease of Westfield, Sullivan-Almeida of Abington
14	14	and Xiarhos of Barnstable dissent].
15	15	For the committee,
16	16	AARON MICHLEWITZ. 1 of 125
17	17	FILED ON: 10/17/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 4135
19	19	The Commonwealth of Massachusetts
20	20	_______________
21	21	In the One Hundred and Ninety-Third General Court
22	22	(2023-2024)
23	23	_______________
24	24	An Act modernizing firearm laws.
25	25	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
26	26	of the same, as follows:
27	27	1 SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as
28	28	2appearing in the 2022 Official Edition, is hereby amended by striking out subclause (j) and
29	29	3inserting in place thereof the following subclause:-
30	30	4 (j) the names and addresses of any persons contained in, or referred to in, any
31	31	5applications for any licenses to carry or possess firearms issued pursuant to chapter 140 or any
32	32	6long gun permits issued pursuant to said chapter 140 and the names and addresses on sales or
33	33	7transfers of any firearms or ammunition therefor, as defined in said chapter 140 and the names
34	34	8and addresses on said licenses or permits;.
35	35	9 SECTION 2. Section 172M of chapter 6 of the General Laws, as so appearing, is hereby
36	36	10amended by striking out, in line 3, the figure “122” and inserting in place thereof the following
37	37	11figure:- 125.
38	38	12 SECTION 3. Said section 172M of said chapter 6, as so appearing, is hereby further
39	39	13amended by striking out, in lines 6 and 7, the words:- “and unmonitored contact with firearms, 2 of 125
40	40	14shotguns or rifles” and inserting in place thereof the following words:- contact with firearms, as
41	41	15defined in section 121 of said chapter 140.
42	42	16 SECTION 4. Section 5J of chapter 18 of the General Laws, as so appearing, is hereby
43	43	17amended by striking out, in lines 9 to 11, inclusive, the words “firearms dealers licensed pursuant
44	44	18to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of
45	45	19said” and inserting in place thereof the following words:- persons licensed pursuant to section
46	46	20125 of.
47	47	21 SECTION 5. Section 2LLL of chapter 29 of the General Laws, as so appearing, is hereby
48	48	22amended by striking out, in lines 8 and 9, the words “fee assessed under sections 122, 122B,
49	49	23129B, 131, 131A, 131F, and 131H” and inserting in place thereof the following words:- fees
50	50	24assessed under section 123B for licenses and permits issued pursuant to sections 124 to 124C,
51	51	25inclusive, 124E, 125 and 125B.
52	52	26 SECTION 6. Section 22F of chapter 40 of the General Laws, as so appearing, is hereby
53	53	27amended by striking out, in line 17, the number “131N” and inserting in place thereof the
54	54	28number:- 131H.
55	55	29 SECTION 7. Section 10B of chapter 66 of the General Laws, as so appearing, is hereby
56	56	30amended by striking out, in lines 7 and 8, the following words:- , rifles, shotguns, machine guns.
57	57	31 SECTION 8. Said section 10B of said chapter 66, as so appearing, is hereby further
58	58	32amended, in line 14, by inserting after the word “request” the following words:- provided,
59	59	33however, that nothing in this section shall prohibit the transmission of data and other information
60	60	34to the department of criminal justice information services and its use pursuant to section 122B of
61	61	35chapter 140. 3 of 125
62	62	36 SECTION 9. Section 26 of chapter 90B of the General Laws, as so appearing, is hereby
63	63	37amended by striking out, in line 66, the words “rifle or shotgun” and inserting in place thereof
64	64	38the following words:- as defined in section 121 of chapter 140,.
65	65	39 SECTION 10. Said section 26 of said chapter 90B, as so appearing, is hereby further
66	66	40amended by striking out, in lines 68 to 69, inclusive, the words “such firearm, rifle or shotgun is
67	67	41unloaded and in an enclosed case” and inserting in place thereof the following words:- such
68	68	42person possesses the required firearms license or permit issued under sections 124 to 124B,
69	69	43inclusive, of chapter 140 and carries such firearm in compliance with section 126B of chapter
70	70	44140. Any violation of this subsection shall be penalized in accordance with section 126B of
71	71	45chapter 140.
72	72	46 SECTION 11. Section 244 of chapter 111 of the General Laws, as so appearing, is hereby
73	73	47amended by striking out, in line 48, the words “131R to 131Y” and inserting in place thereof the
74	74	48following words:- 131 to 131H.
75	75	49 SECTION 12. Section 35 of chapter 123 of the General Laws, as so appearing, is hereby
76	76	50amended by striking out, in lines 114 and 115, the words “firearm identification card pursuant to
77	77	51section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F” and
78	78	52inserting in place thereof the following words:- firearms license or permit pursuant to sections
79	79	53124 to 124B, inclusive,.
80	80	54 SECTION 13. Said section 35 of said chapter 123, as so appearing, is hereby further
81	81	55amended by striking out, in line 122, the words “rifle or shotgun” and inserting in place thereof
82	82	56the following words:- as defined in section 121 of chapter 140. 4 of 125
83	83	57 SECTION 14. Section 36C of said chapter 123 of the General Laws, as so appearing, is
84	84	58hereby amended by striking out, in lines 8 and 9, the words “firearm identification card pursuant
85	85	59to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F of said
86	86	60chapter” and inserting in place thereof the following words:- firearms license or permit pursuant
87	87	61to sections 124 to 124B, inclusive, of chapter.
88	88	62 SECTION 15. Section 11 of chapter 131 of the General Laws, as so appearing, is hereby
89	89	63amended by striking out, in lines 35 and 36, the words “one hundred and thirty-one H of chapter
90	90	64one hundred and forty” and inserting in place thereof the following words:- 124B of chapter 140.
91	91	65 SECTION 16. Said chapter 131, as so appearing, is hereby further amended by striking
92	92	66out section 62 and inserting in place thereof the following section:-
93	93	67 Section 62. A person, with a percentage, by weight, of alcohol in their blood of eight one-
94	94	68hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana,
95	95	69narcotic drugs, depressant or stimulant substances, all as defined in section 1 of chapter 94C, or
96	96	70who intentionally smells or inhales the fumes of any substance having the property of releasing
97	97	71toxic vapors in violation of section 18 of chapter 270, shall not hunt or carry a firearm, bow and
98	98	72arrow or other weapon while engaged in hunting or target shooting. A violation of this section
99	99	73shall be punished by a fine of not more than $5,000 or by imprisonment in the house of
100	100	74correction for not more than 2 ½ years, or by both such fine and imprisonment.
101	101	75 SECTION 17. Section 90 of said chapter 131, as so appearing, is hereby amended by
102	102	76striking out, in line 7, the figure “, 62”. 5 of 125
103	103	77 SECTION 18. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby
104	104	78amended by striking out, in line 1, the figure “131Y” and inserting in place thereof the following
105	105	79figure:- 131H.
106	106	80 SECTION 19. Said section 121 of said chapter 140, as so appearing, is hereby further
107	107	81amended by striking out the definition of “Ammunition” and inserting in place thereof the
108	108	82following 3 definitions:-
109	109	83 “Additive manufacturing”, a process in which material is added to produce a product,
110	110	84including, but not limited to 3-dimensional printing.
111	111	85 “Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant
112	112	86powder designed for use in any firearm; provided, that “ammunition” shall also mean tear gas
113	113	87cartridges.
114	114	88 “Antique firearm”, any firearm or replica thereof manufactured in or prior to the year
115	115	891899 if such firearm: (i) is not designed or redesigned for using rimfire or conventional centerfire
116	116	90fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no
117	117	91longer manufactured in the United States and which is not readily available in the ordinary
118	118	92channels of commercial trade; provided, that “antique firearm” shall include any muzzle loading
119	119	93rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and
120	120	94that cannot use fixed ammunition, unless the firearm: (i) incorporates a firearm frame or
121	121	95receiver; (ii) is converted into a muzzle loading weapon; or (iii) is a muzzle loading weapon that
122	122	96can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or
123	123	97any combination thereof. 6 of 125
124	124	98 SECTION 20. Said section 121 of said chapter 140, as so appearing, is hereby further
125	125	99amended by striking out the definition of “Assault weapon” and inserting in place thereof the
126	126	100following 5 definitions:-
127	127	101 “Assault-style firearm”, any firearm which is:
128	128	102 (a) A semiautomatic, centerfire rifle with the capacity to accept a detachable feeding
129	129	103device and includes any of the following features: (i) a folding or telescopic stock; (ii) a
130	130	104thumbhole stock or pistol grip; (iii) a forward grip or second handgrip or protruding grip that can
131	131	105be held by the non-trigger hand; (iv) a threaded barrel designed to accommodate a flash
132	132	106suppressor or muzzle break or similar feature; or (v) a shroud that encircles either all or part of
133	133	107the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the
134	134	108barrel.
135	135	109 (b) A semiautomatic pistol with the capacity to accept a detachable feeding device and
136	136	110includes any of the following features: (i) the capacity to accept a feeding device that attaches to
137	137	111the pistol outside of the pistol grip; (ii) a second handgrip or a protruding grip that can be held by
138	138	112the non-trigger hand; (iii) a threaded barrel capable of accepting a flash suppressor, forward
139	139	113handgrip or silencer; or (iv) a shroud that encircles either all or part of the barrel designed to
140	140	114shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
141	141	115 (c) A semiautomatic shotgun with the capacity to accept a detachable feeding device and
142	142	116includes any of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or
143	143	117pistol grip; or (iii) a protruding grip for the non-trigger hand.
144	144	118 (d) Any firearm listed on the assault-style firearm roster pursuant to section 128A. 7 of 125
145	145	119 (e) All of the following rifles:
146	146	120 (i) All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS,
147	147	121ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector
148	148	122Arms AK-47, VEPR, WASR-10 and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM,
149	149	123Norinco 56S, 56S2, 84S and 86S, Poly Technologies AK47 and AKS and SKS with a detachable
150	150	124feeding device;
151	151	125 (ii) All AR types, including the following: AR-10, AR-15, Alexander Arms Overmatch
152	152	126Plus 16, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Black
153	153	127Rain Ordnance Recon Scout, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE
154	154	128series, Bushmaster XM15, Chiappa Firearms MFour rifles, Colt Match Target rifles, CORE Rifle
155	155	129Systems CORE15 rifles, Daniel Defense M4A1 rifles, Devil Dog Arms 15 Series rifles,
156	156	130Diamondback DB15 rifles, DoubleStar AR rifles, DPMS Tactical rifles, DSA Inc. ZM-4
157	157	131Carbine, Heckler & Koch MR556, High Standard HSA-15 rifles, Jesse James Nomad AR-15
158	158	132rifles, Knight’s Armament SR-15, Lancer L15 rifles, MGI Hydra Series rifles, Mossberg MMR
159	159	133Tactical rifles, Noreen Firearms BN 36 rifle, Olympic Arms, POF USA P415, Precision Firearms
160	160	134AR rifles, Remington R-15 rifles, Rhino Arms AR rifles, Rock River Arms LAR-15, Sig Sauer
161	161	135SIG516, M400 and SIG716 rifles, Smith & Wesson M&P15 rifles, Stag Arms AR rifles, Sturm,
162	162	136Ruger & Co. SR556 and AR-556 rifles, Uselton Arms Air-Lite M-4 rifles, Windham Weaponry
163	163	137AR rifles, WMD Guns Big Beast, Yankee Hill Machine Company, Inc. YHM-15 rifles;
164	164	138 (iii) Barrett M107A1 and M82A1;
165	165	139 (iv) Beretta CX4 Storm;
166	166	140 (v) Calico Liberty Series; 8 of 125
167	167	141 (vi) CETME Sporter;
168	168	142 (vii) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C;
169	169	143 (viii) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter,
170	170	144PS90, SCAR and FS2000;
171	171	145 (ix) Feather Industries AT-9;
172	172	146 (x) Galil Model AR and Model ARM;
173	173	147 (xi) Hi-Point Carbine;
174	174	148 (xii) HK-91, HK-93, HK-94, HK-PSG-1 and HK USC;
175	175	149 (xiii) IWI TAVOR and Galil ACE rifle;
176	176	150 (xiv) Kel-Tec Sub 2000, SU-16, RDB and RFB;
177	177	151 (xv) SIG AMT, SIG PE-57, SIG556, Sig Sauer SG 550, Sig Sauer SG 551 and SIG
178	178	152MCX;
179	179	153 (xvi) Springfield Armory SAR-48;
180	180	154 (xvii) Steyr AUG;
181	181	155 (xviii) Sturm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF;
182	182	156 (xix) All Thompson rifles, including the following: M1SB, T1100D, T150D, T1B,
183	183	157T1B100D, T1B50D, T1BSB, T1-C, T1D, T1SB, T5, T5100D, TM1, TM1C;
184	184	158 (xx) UMAREX UZI rifle; 9 of 125
185	185	159 (xxi) UZI Mini Carbine, UZI Model A Carbine and UZI Model B Carbine;
186	186	160 (xxii) Valmet M62S, M71S and M78;
187	187	161 (xxiii) Vector Arms UZI Type;
188	188	162 (xxiv) Weaver Arms Nighthawk; and
189	189	163 (xxv) Wilkinson Arms Linda Carbine.
190	190	164 (f) All of the following pistols:
191	191	165 (i) All AK types, including the following: Centurion 39 AK pistol, Draco AK-47 pistol,
192	192	166HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol,
193	193	167PAP M92 pistol and Yugo Krebs Krink pistol;
194	194	168 (ii) All AR types, including the following: American Spirit AR-15 pistol, Bushmaster
195	195	169Carbon 15 pistol, Chiappa Firearms M4 Pistol GEN II, CORE Rifle Systems CORE15 Roscoe
196	196	170pistol, Daniel Defense MK18 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol,
197	197	171Jesse James Nomad AR-15 pistol, Olympic Arms AR-15 pistol, Osprey Armament MK-18
198	198	172pistol, POF USA AR pistols, Rock River Arms LAR 15 pistol and Uselton Arms Air-Lite M-4
199	199	173pistol;
200	200	174 (iii) Calico pistols;
201	201	175 (iv) CZ Scorpion and CZ BREN;
202	202	176 (v) DSA SA58 PKP FAL pistol;
203	203	177 (vi) Encom MP-9 and MP-45; 10 of 125
204	204	178 (vii) Heckler & Koch model SP-89 pistol;
205	205	179 (viii) Intratec AB-10, TEC-22 Scorpion, TEC-9 and TEC-DC9;
206	206	180 (ix) IWI Galil Ace pistol, UZI PRO pistol;
207	207	181 (x) Kel-Tec PLR 16 pistol;
208	208	182 (xi) All MAC types, including the following: MAC-10, MAC-11, Masterpiece Arms
209	209	183MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol and MPA Mini Tactical Pistol,
210	210	184Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;
211	211	185 (xii) Sig Sauer P556 pistol;
212	212	186 (xiii) Sites Spectre;
213	213	187 (xiv) All Thompson types, including the following: TA510D and TA5; and
214	214	188 (xv) All UZI types, including Micro-UZI.
215	215	189 (g) All of the following shotguns:
216	216	190 (i) DERYA Anakon MC-1980, Anakon SD12;
217	217	191 (ii) Doruk Lethal shotguns;
218	218	192 (iii) Franchi LAW-12 and SPAS 12;
219	219	193 (iv) All IZHMASH Saiga 12 types, including the following: Saiga 12, Saiga 12S, Saiga
220	220	19412S EXP-01, Saiga 12K, Saiga 12K-030, Saiga 12K-040 Taktika;
221	221	195 (v) Street Sweeper; and 11 of 125
222	222	196 (vi) Striker 12.
223	223	197 (h) Any shotgun with a revolving cylinder.
224	224	198 (i) All belt-fed semiautomatic firearms, including TNW M2HB and FN M249S.
225	225	199 (j) a copy or duplicate of any firearm meeting the standards of or enumerated in clauses
226	226	200(d) to (i), inclusive; provided, that for the purposes of this subsection, “copy or duplicate” shall
227	227	201mean a firearm: (A) that was manufactured or subsequently configured with an ability to accept a
228	228	202detachable magazine; and (B)(i) that has internal functional components that are substantially
229	229	203similar in construction and configuration to those of an enumerated weapon in clauses (d) to (i),
230	230	204inclusive; or (ii) that has a receiver that is the same as or interchangeable with the receiver of an
231	231	205enumerated weapon in said clauses.
232	232	206 (k) “Assault-style firearm” shall not include any: (i) firearm that is operated by manual
233	233	207bolt, pump, lever or slide action; (ii) firearm that has been rendered permanently inoperable or
234	234	208otherwise rendered permanently unable to be designated as a semiautomatic assault-style
235	235	209firearm; (iii) firearm that is an antique or relic, theatrical prop or other firearm that is not capable
236	236	210of firing a projectile and which is not intended for use as a functional firearm and cannot be
237	237	211readily modified through a combination of available parts into an assault-style firearm; or (iv)
238	238	212semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or
239	239	213detachable feeding device.
240	240	214 “Assemble”, to fit together a firearm’s component parts; provided, however, that
241	241	215“assemble” shall not include firearm reassembly, repair or the fitting of special barrels, stocks or
242	242	216trigger mechanisms to firearms. 12 of 125
243	243	217 “Automatic conversion”, any modification made to a firearm or any part capable of being
244	244	218attached to a firearm that allows for the automatic discharge of more than 1 shot with 1
245	245	219continuous activation of the trigger.
246	246	220 “Automatic part”, any part capable of being attached to a firearm that allows for the
247	247	221automatic discharge of more than 1 shot with 1 continuous activation of the trigger.
248	248	222 “Bona fide collector of firearms”, a licensed collector pursuant to 18 U.S.C. section
249	249	223923(b).
250	250	224 SECTION 21. Said section 121 of said chapter 140, as so appearing, is hereby further
251	251	225amended by inserting after the definition of “Bump stock”, the following definition:-
252	252	226 “Common long gun”, a rifle or shotgun that is not a large capacity firearm and cannot
253	253	227produce semiautomatic or automatic fire.
254	254	228 SECTION 22. Said section 121 of said chapter 140, as so appearing, is hereby further
255	255	229amended by striking out, in line 43, the words “131R to 131Y” and inserting in place thereof the
256	256	230following words:- 131 to 131H.
257	257	231 SECTION 23. Said section 121 of said chapter 140, as so appearing, is hereby further
258	258	232amended by inserting after the definition of “Court” the following 2 definitions:-
259	259	233 “Covert firearm”, a firearm placed in a camouflaging firearm container, or a firearm that
260	260	234is not a stun gun, that is capable of discharging a bullet or shot and is constructed in a shape that
261	261	235does not resemble a firearm or is not immediately recognizable as a firearm, including, but not
262	262	236limited to, zip guns, concealed bolt guns, folding guns and any other weapon that resemble key- 13 of 125
263	263	237chains, pens, canes, wallets, flashlights, cigarette-lighters or cigarette-packages, flare guns, pellet
264	264	238guns and bb gun conversion kits.
265	265	239 “Curio or relic firearms”, firearms which are of special interest to collectors because they
266	266	240possess some qualities not ordinarily associated with firearms intended for sporting use or as
267	267	241offensive or defensive weapons.
268	268	242 SECTION 24. Said section 121 of said chapter 140, as so appearing, is hereby further
269	269	243amended by striking out the definition of “Deceptive weapon device” and inserting in place
270	270	244thereof the following definition:-
271	271	245 “Deceptive firearm device”, any device that is intended to convey the presence of a
272	272	246firearm that is used in the commission of a violent crime and that presents an objective threat of
273	273	247immediate death or serious bodily harm to a person of reasonable and average sensibility.
274	274	248 SECTION 25. Said section 121 of said chapter 140, as so appearing, is hereby further
275	275	249amended by striking out, in lines 54 to 56, inclusive, the words “firearm identification card
276	276	250which the respondent may hold and ordering the respondent to surrender all firearms, rifles,
277	277	251shotguns, machine guns” and inserting in place thereof the following words:- long gun permit
278	278	252which the respondent may hold and ordering the respondent to surrender all firearms.
279	279	253 SECTION 26. Said section 121 of said chapter 140, as so appearing, is hereby further
280	280	254amended by striking out the definitions of “Firearm”, “Gunsmith” and “Imitation firearm” and
281	281	255inserting in place thereof the following 5 definitions:-
282	282	256 “Feeding device”, any magazine, belt, strip, drum or similar device that holds
283	283	257ammunition for a firearm, whether fixed or detachable from a firearm. 14 of 125
284	284	258 “Firearm”, a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity
285	285	259firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may
286	286	260readily be converted to expel a shot or bullet; the frame or receiver of any such firearm;
287	287	261provided, however, that “firearm” shall not include any antique firearm or permanently
288	288	262inoperable firearm.
289	289	263 “Frame”, the part of a pistol or revolver that provides housing or a structure for the
290	290	264component designed to hold back the hammer, striker, bolt or similar primary energized
291	291	265component prior to initiation of the firing sequence, even if pins or other attachments are
292	292	266required to connect such component to the housing or structure. Any such part that is identified
293	293	267with an importer’s or manufacturer’s serial number shall be presumed, absent an official
294	294	268determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States
295	295	269Department of Justice or other reliable evidence to the contrary, to be the frame of the firearm.
296	296	270 “Gunsmith”, any person who engages in the business of repairing, altering, cleaning,
297	297	271polishing, engraving, blueing or performing any mechanical operation on any firearm.
298	298	272 “Imitation firearm”, any firearm which is designed, manufactured or altered in such a
299	299	273way as to render it incapable of discharging a shot or bullet.
300	300	274 SECTION 27. Said section 121 of said chapter 140, as so appearing, is hereby further
301	301	275amended by striking out the definition of “Large capacity feeding device” and inserting in place
302	302	276thereof the following definition:-
303	303	277 “Large capacity feeding device”, (i) a fixed or detachable magazine, belt, drum, feed strip
304	304	278or similar device that has a capacity of, or that can be readily converted to accept, more than 10
305	305	279rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts 15 of 125
306	306	280from which a device can be assembled if those parts are in the possession or control of the same
307	307	281person. “Large capacity feeding device” shall not include: (i) any device that has been
308	308	282permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more
309	309	283than 5 shotgun shells; (ii) an attached tubular device designed to accept and capable of operating
310	310	284only with .22 caliber rimfire ammunition; or (iii) a tubular magazine that is contained in a lever-
311	311	285action firearm or on a pump shotgun.
312	312	286 SECTION 28. Said section 121 of said chapter 140, as so appearing, is hereby further
313	313	287amended by striking out the definition of “Large capacity weapon” and inserting in place thereof
314	314	288the following definition:-
315	315	289 “Large capacity firearm”, any firearm that: (i) is semiautomatic with a fixed large
316	316	290capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to
317	317	291accept, any detachable large capacity feeding device when both are in the same person’s
318	318	292possession or under their control in a vehicle; (iii) employs a rotating cylinder capable of
319	319	293accepting more than 10 rounds of ammunition or more than 5 shotgun shells; or (iv) is an
320	320	294assault-style firearm. The term “large capacity firearm” shall be a secondary designation and
321	321	295shall apply to a weapon in addition to its primary designation as a firearm, and shall not include,
322	322	296any firearm that: (i) operates by manual bolt, pump, lever or slide action; (ii) is a single-shot
323	323	297weapon; (iii) has been modified so as to render it permanently inoperable or otherwise rendered
324	324	298permanently unable to be designated a large capacity firearm; or (iv) is an antique or relic,
325	325	299theatrical prop or other weapon that is not capable of firing a projectile and which is not intended
326	326	300for use as a functional weapon and cannot be readily modified through a combination of
327	327	301available parts into an operable large capacity firearm. 16 of 125
328	328	302 SECTION 29. Said section 121 of said chapter 140, as so appearing, is hereby further
329	329	303amended by inserting, in line 119, after the word “them” the following words:- ; provided,
330	330	304however, that should no such chief or officer exist the colonel of the state police or their designee
331	331	305shall act as the licensing authority.
332	332	306 SECTION 30. Said section 121 of said chapter 140, as so appearing, is hereby further
333	333	307amended by striking out the definition of “Machine gun” and inserting in place thereof the
334	334	308following 4 definitions:-
335	335	309 “Machine gun”, a firearm, loaded or unloaded, which may automatically discharge more
336	336	310than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or
337	337	311modified by automatic conversion, including through the use of an automatic part; provided, that
338	338	312“machine gun” shall include a submachine gun.
339	339	313 “Manufacture”, to fabricate, make, form, produce or construct, by manual labor or by
340	340	314machinery, a firearm; provided, however, that “manufacture” shall not include firearm
341	341	315reassembly, firearm repair or the making or fitting of special barrels, stocks or trigger
342	342	316mechanisms to firearms.
343	343	317 “Nonresident”, a person who is temporarily in the commonwealth but legally resides in
344	344	318another state or territory of the United States.
345	345	319 “Permanently embedded”, applied in such a way that cannot be easily or readily removed
346	346	320without destroying the part to which it is applied. 17 of 125
347	347	321 SECTION 31. Said section 121 of said chapter 140, as so appearing, is hereby further
348	348	322amended by striking out the definitions of “Petition” and “Petitioner” and inserting in place
349	349	323thereof the following 3 definitions:-
350	350	324 “Petition”, as used in sections 131 to 131H, inclusive, a request filed with the court by a
351	351	325petitioner for the issuance or renewal of an extreme risk protection order.
352	352	326 “Petitioner”, as used in sections 131 to 131H, inclusive, the individual that is filing the
353	353	327petition and is a: (i) family or household member; (ii) law enforcement agency or officer, as
354	354	328defined in section 1 of chapter 6E; (iii) health care provider that provided health care services to
355	355	329the respondent within the preceding 6 months; provided, that for the purposes of this clause
356	356	330“health care provider” shall include a: licensed physician, licensed physician assistant, registered
357	357	331nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse specialist,
358	358	332certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed psychologist,
359	359	333licensed mental health counselor, licensed marriage and family therapist, licensed alcohol and
360	360	334drug counselor, licensed independent clinical social worker or licensed certified social worker;
361	361	335(iv) principal or assistant principal of an elementary school or secondary school, or administrator
362	362	336of a college or university where the respondent is enrolled; or (v) employer of the respondent.
363	363	337 “Privately made firearm”, a firearm manufactured or assembled by an individual who is
364	364	338not a licensed manufacturer; provided, however, that “privately made firearm” shall not include
365	365	339firearms manufactured or assembled by persons licensed under section 125 in the course of their
366	366	340business activities. 18 of 125
367	367	341 SECTION 32. Said section 121 of said chapter 140, as so appearing, is hereby further
368	368	342amended by striking out the definition of “Respondent” and inserting in place thereof the
369	369	343following 2 definitions:-
370	370	344 “Receiver”, the part of a rifle or shotgun that provides housing or a structure for the
371	371	345primary component designed to block or seal the breech prior to initiation of the firing sequence,
372	372	346even if pins or other attachments are required to connect such component to the housing or
373	373	347structure. Any such part that is identified with an importer’s or manufacturer’s serial number
374	374	348shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms
375	375	349and Explosives in the United States Department of Justice or other reliable evidence to the
376	376	350contrary, to be the receiver of the weapon.
377	377	351 “Respondent”, as used in sections 131 to 131H, inclusive, the person identified as the
378	378	352respondent in a petition against whom an extreme risk protection order is sought.
379	379	353 SECTION 33. Said section 121 of said chapter 140, as so appearing, is hereby further
380	380	354amended by striking out, in lines 136, 139, 140 and 147, the word “weapon”, each time it
381	381	355appears, and inserting in place thereof, in each instance, the following word:- firearm.
382	382	356 SECTION 34. Said section 121 of said chapter 140, as so appearing, is hereby further
383	383	357amended by inserting after the definition of “Sawed-off shotgun” the following 2 definitions:-
384	384	358 “Secured in a locked container”, secured in a container that is capable of being unlocked
385	385	359only by means of a key, combination or similar means, including in an unoccupied motor
386	386	360vehicle, a locked trunk not accessible from the passenger compartment, a locked console or
387	387	361locked glovebox. 19 of 125
388	388	362 “Self-defense spray”, chemical mace, pepper spray or any device or instrument which
389	389	363contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.
390	390	364 SECTION 35. Said section 121 of said chapter 140, as so appearing, is hereby further
391	391	365amended by inserting after the definition of “Semiautomatic” the following 2 definitions:-
392	392	366 “Serial number”, an identifying number placed on a firearm by a federally licensed
393	393	367firearms manufacturer, importer or dealer who is authorized by federal law to serialize firearms,
394	394	368or a serial number issued by the director of the Bureau of Alcohol, Tobacco, Firearms and
395	395	369Explosives in the United States Department of Justice or the department of criminal justice
396	396	370information services.
397	397	371 “Serialization”, the process of conspicuously engraving, casting or otherwise
398	398	372permanently embedding a unique serial number on a firearm frame or receiver; provided, that the
399	399	373serial number shall be placed in a manner not susceptible to being readily obliterated, altered or
400	400	374removed and shall be engraved, cast or otherwise permanently embedded to a depth of not less
401	401	375than .003 inches and in a print size not less than 1/16 inch; and provided further, that
402	402	376serialization of firearms, frames and receivers made from non-metallic materials shall be
403	403	377accomplished by using a metal plate permanently embedded in the material of the frame or
404	404	378receiver.
405	405	379 SECTION 36. Said section 121 of said chapter 140, as so appearing, is hereby further
406	406	380amended by striking out the definition of “Trigger crank” and inserting in place thereof the
407	407	381following 3 definitions:-
408	408	382 “Trigger modifier”, any modification that repeatedly activates the trigger of a firearm,
409	409	383including, but not limited to, trigger cranks, binary triggers and hellfire triggers. 20 of 125
410	410	384 “Undetectable firearm”, (i) a firearm that after the removal of grips, stocks and
411	411	385magazines, is not detectable by walk-through metal detectors calibrated and operated to detect
412	412	386the security exemplar as defined in 18 U.S.C. Section 922(p)(2)(C); or (ii) a major component of
413	413	387a firearm as defined in 18 U.S.C. Section 922(p)(2)(B) that, when inspected by detection devices
414	414	388commonly used at secure public buildings and transit stations, does not generate an image that
415	415	389accurately depicts the shape of the component.
416	416	390 “Untraceable firearm”, a firearm that has not been serialized or a firearm whose serial or
417	417	391other identification number has been removed, defaced, altered, obliterated or mutilated in any
418	418	392manner.
419	419	393 SECTION 37. Said section 121 of said chapter 140, as so appearing, is hereby further
420	420	394amended by striking out lines 175 to 192, inclusive.
421	421	395 SECTION 38. Said chapter 140 is hereby amended by striking out section 121A, as so
422	422	396appearing, and inserting in place thereof the following 3 sections:-
423	423	397 Section 121A. (a) A licensing authority shall, within 40 days from the date of receipt of a
424	424	398completed application for any license or permit issued under sections 124 to 124C, inclusive,
425	425	399124E, 125 or 125B, or renewal of the same, either approve the application and issue the license
426	426	400or permit or deny the application and notify the applicant of the reason for such denial in writing;
427	427	401provided, however, that no license or permit shall be issued unless the colonel of the state police
428	428	402has certified that the information available indicates that issuing the license or permit is not in
429	429	403violation of state or federal law.
430	430	404 (b) Upon receiving the application, the licensing authority shall provide the applicant
431	431	405with a receipt that includes: (i) the applicant’s name and address, current license or permit 21 of 125
432	432	406number and expiration date, if any; (ii) the date the licensing authority received the application;
433	433	407(iii) the name, address and telephone number of the licensing authority or its agent that received
434	434	408the application; (iv) the type of application; and (v) whether the application is for a new license
435	435	409or permit or renewal of the same.
436	436	410 (c) Within 7 days of receipt of the completed application the licensing authority shall
437	437	411forward 1 copy of the application and 1 copy of the applicant’s fingerprints to the colonel of the
438	438	412state police; provided, however, that the taking of fingerprints shall not be required in issuing a
439	439	413renewal if the applicant’s fingerprints are on file with the department of the state police.
440	440	414 (d) The colonel of the state police shall, within 30 days of receipt of the application and
441	441	415fingerprints, advise the licensing authority, in writing, of any disqualifying criminal record of the
442	442	416applicant arising from within or without the commonwealth and whether there is reason to
443	443	417believe that the applicant is disqualified from possessing the license or permit requested. If the
444	444	418information available to the colonel does not indicate that issuing the license would be in
445	445	419violation of state or federal law, the colonel shall certify such fact to the licensing authority
446	446	420within said 30-day period. In searching for any disqualifying history of the applicant, the colonel
447	447	421shall: (i) utilize, or cause to be utilized, files maintained by the department of probation and
448	448	422statewide and nationwide criminal justice, warrant and protection order information systems and
449	449	423files including, but not limited to, the National Instant Criminal Background Check System; and
450	450	424(ii) inquire of the commissioner of the department of mental health relative to whether the
451	451	425applicant is disqualified from receiving a license or permit.
452	452	426 (e) The licensing authority may also make inquiries concerning an applicant to: (i) the
453	453	427commissioner of the department of criminal justice information services relative to any 22 of 125
454	454	428disqualifying condition, prior license or permit information, records of purchases, sales, rentals,
455	455	429leases and transfers of firearms or ammunition concerning the applicant; (ii) the commissioner of
456	456	430probation relative to any record contained within the department of probation or the statewide
457	457	431domestic violence record keeping system concerning the applicant; and (iii) the commissioner of
458	458	432the department of mental health relative to whether the applicant is a suitable person to possess
459	459	433firearms. The director or commissioner to whom the licensing authority makes such an inquiry
460	460	434shall provide prompt and full cooperation with any investigation of the applicant.
461	461	435 (f) Whoever knowingly files an application for any license or permit pursuant to sections
462	462	436124 to 124C, inclusive,124E, 125 or 125B containing false information or knowingly issues any
463	463	437such license or permit in violation of this chapter shall be punished by a fine of not less than
464	464	438$500 nor more than $1,000 or by imprisonment for not less than 6 months nor more than 2 years
465	465	439in a house of correction, or by both such fine and imprisonment.
466	466	440 Section 121B. (a) The application for any license or permit pursuant to sections 124 to
467	467	441124C, inclusive, 124E, 125 or 125B, shall be made in a standard form provided by the
468	468	442commissioner of the department of criminal justice information services, which shall require the
469	469	443applicant, or parent or guardian of a minor, to affirmatively state, under the pains and penalties
470	470	444of perjury, that the applicant is not disqualified on any of the grounds enumerated in section 123
471	471	445from being issued such license or permit.
472	472	446 (b) A licensing authority shall record in books, forms or electronic files kept for that
473	473	447purpose on the premises, and on the electronic firearms registration system created by the
474	474	448department of criminal justice information services pursuant to section 122, when produced or
475	475	449received, all: (i) license and permit applications, receipts, fees, affidavits, license location 23 of 125
476	476	450transfers and training certificates; (ii) issued licenses and permits, and denials, revocations and
477	477	451suspensions of the same; (iii) decisions of the firearm licensing review board; and (iv) firearm
478	478	452transfers, including deliveries, seizures, surrenders, loss or theft or disposals. The department
479	479	453shall ensure automatic notification to the licensing authority of the existence of any disqualifying
480	480	454condition discovered or occurring subsequent to the issuance of said license or permit.
481	481	455 (c) Any license or permit issued under sections 124 to 124B, inclusive, and section 124E
482	482	456shall be issued in a standard form provided by the department of criminal justice information
483	483	457services in a size and shape equivalent to that of a license to operate motor vehicles issued by the
484	484	458registry of motor vehicles pursuant to section 8 of chapter 90 and shall be clearly marked with
485	485	459the license or permit name. It shall contain a license or permit number, name, address,
486	486	460photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and
487	487	461signature of the licensee or permit-holder and shall provide, in a legible font size and style, the
488	488	462telephone number for the 988 Suicide and Crisis Lifeline.
489	489	463 Section 121C. (a) Notwithstanding any general or special law, rule or regulation to the
490	490	464contrary, the colonel of state police, in conjunction with the secretary of public safety and
491	491	465security, shall promulgate rules and regulations implementing a statewide firearm surrender
492	492	466program.
493	493	467 (b) Any resident of the commonwealth who complies with the policies set forth by the
494	494	468colonel for the statewide firearm surrender program shall not be asked for identification and shall
495	495	469be immune from prosecution for possession of any firearm surrendered pursuant to this section;
496	496	470provided, however, that nothing herein shall prohibit the prosecution of any person for the
497	497	471unlawful possession of a firearm who is not in compliance with the conditions and procedures 24 of 125
498	498	472established by the colonel; and provided further, that nothing herein shall prohibit the
499	499	473prosecution of any person for any other offense committed within the commonwealth.
500	500	474 (c) Any firearm surrendered under the statewide firearm surrender program that is
501	501	475reported lost or stolen shall be returned to its lawful owner; provided, however, that any firearm,
502	502	476suspected to be evidence in a crime shall remain in the custody and control of the department of
503	503	477state police in the same manner as any other such firearm lawfully seized by the department of
504	504	478state police. The department of state police may test-fire and preserve any and all firearms
505	505	479voluntarily surrendered. All firearms that have been voluntarily surrendered that are not
506	506	480suspected to be evidence of criminal activity and have not been reported stolen shall be disposed
507	507	481of in accordance with procedures established by the colonel.
508	508	482 SECTION 39. Said chapter 140, is hereby further amended by striking out section 122, as
509	509	483so appearing, and inserting in place thereof the following section:-
510	510	484 Section 122. (a)(1) The department of criminal justice information services shall develop
511	511	485and maintain a real time electronic firearms registration system. All firearms possessed,
512	512	486manufactured or assembled in the commonwealth shall be registered in accordance with this
513	513	487section. Firearm registration shall be completed via the real time electronic firearms registration
514	514	488system developed and maintained by the department of criminal justice information services and
515	515	489shall include, but not be limited to, the following information: (i) the registrant’s name, address
516	516	490and contact information; (ii) the registrant’s license or permit type, license or permit number and
517	517	491expiration date or documentation of exemption pursuant to sections 127 or 127A; (iii) the type of
518	518	492firearm; (iv) the date the firearm was acquired; (v) the name and address of the source from
519	519	493which the firearm was obtained, including the name and address of the prior registrant if 25 of 125
520	520	494applicable; (vi) whether the firearm is a privately made firearm; and (vii) a statement signed by
521	521	495the registrant under the pains and penalties of perjury that they are properly licensed, permitted
522	522	496or exempted under the laws of the commonwealth and are not otherwise prohibited from owning
523	523	497or possessing a firearm.
524	524	498 (2) Firearm registration shall be completed at the time of firearm import, purchase,
525	525	499acquisition, manufacture or assembly; provided, however, that a firearm may be: (i) registered
526	526	500within 60 days if imported by a new resident of the commonwealth; (ii) registered within 7 days
527	527	501if imported by a licensed dealer, gunsmith, distributor or manufacturer; (iii) registered within 60
528	528	502days if acquired by an heir or devisee through distribution of an estate; or (iv) registered within 7
529	529	503days if manufactured or assembled as a privately-made firearm.
530	530	504 (b) All firearm transactions within the commonwealth, including, but not limited to, all
531	531	505purchases, sales, rentals, leases, loans or other transfers shall be reported to the electronic
532	532	506firearms registration system. All firearm transactions shall be reported by all parties to the
533	533	507transaction via the electronic firearms registration system within 7 days of the sale, rental, lease,
534	534	508loan or other transfer; provided, however, that no report shall be required for a loan of a firearm
535	535	509to a duly licensed or exempted person for a period of less than 7 days.
536	536	510 (c) Any loss or theft of a firearm shall be reported by the owner thereof via the electronic
537	537	511firearms registration system within 7 days to the licensing authority or the department of state
538	538	512police where it is registered and the department of criminal justice information services. Such
539	539	513report shall include, but shall not limited to, a complete description of the firearm, including the
540	540	514make, model, serial number and caliber and whether it is a large capacity firearm. The electronic 26 of 125
541	541	515firearms registration system shall provide automatic and immediate notification to the licensing
542	542	516authority in the town or city where the owner resides and where the license or permit was issued.
543	543	517 (d) This section shall not apply to firearms: (i) being delivered to law enforcement for the
544	544	518sole purpose of their destruction; (ii) possessed by common carriers and their duly authorized
545	545	519employees and agents while performing the regular and ordinary transport of firearms as
546	546	520merchandise for customers licensed to permit such transport; (iii) possessed by individuals
547	547	521lawfully traveling through the commonwealth in the care and custody of a nonresident owner;
548	548	522provided, that the firearms are stored in accordance with sections 126B and 126C; (iv) that are
549	549	523the property of the government of the United States; or (v) produced by federally licensed
550	550	524manufacturers not for sale in the commonwealth.
551	551	525 (e) Whoever fails to register a firearm in violation of subsection (a), or fails to report a
552	552	526transaction, loss or theft in violation of subsections (b) or (c) shall be punished as follows: (i) by
553	553	527a fine of not more than $1,000 for a first offense; (ii) by a fine of not more than $7,500 or
554	554	528imprisonment up to 6 months, or by both such fine and imprisonment, for a second offense; or
555	555	529(iii) by a fine of not more than $10,000 or imprisonment for not less than 1 year nor more than 5
556	556	530years, or by both such fine and imprisonment, for a third or subsequent offense. Failure to report
557	557	531shall also be a cause for suspension or permanent revocation of a person’s license or permit.
558	558	532 (f) The executive office of public safety and security shall promulgate regulations for the
559	559	533implementation of this section, which shall include information required for the registration and
560	560	534reporting of firearms, public notice and an outreach campaign to promote awareness of this
561	561	535section. 27 of 125
562	562	536 SECTION 40. Said chapter 140 is hereby further amended by striking out section 122A,
563	563	537as so appearing, and inserting in place thereof the following section:-
564	564	538 Section 122A. (a) All firearms shall have a serial number in accordance with the
565	565	539requirements of this section. To meet serialization requirements all firearms shall be
566	566	540conspicuously engraved, cast or otherwise permanently embedded with a unique serial number
567	567	541on the frame or receiver; provided, that the serial number shall be placed in a manner not
568	568	542susceptible of being readily obliterated, altered or removed and shall be engraved, cast or
569	569	543otherwise permanently embedded to a depth of not less than .003 inches and in a print size not
570	570	544less than 1/16 inch; provided further, that the serialization of firearms, frames and receivers made
571	571	545from non-metallic materials shall be accomplished by using a metal plate permanently embedded
572	572	546in the material of the frame or receiver.
573	573	547 (b) No person shall knowingly possess, manufacture, assemble, offer for sale, sell or
574	574	548otherwise transfer or import an untraceable firearm in the commonwealth; provided, however,
575	575	549that lawfully owned firearms imported or acquired by: (i) new residents moving into the
576	576	550commonwealth or acquired by heirs or devisees through distribution of an estate shall be
577	577	551serialized within 60 days of import or acquisition; and (ii) licensed firearms dealers, gunsmiths,
578	578	552distributors or manufacturers shall be serialized within 7 days of import or acquisition.
579	579	553 (c) No person shall manufacture or assemble a privately made firearm without: (i)
580	580	554obtaining a unique serial number from the department of criminal justice information services
581	581	555prior to manufacture or assembly; (ii) serializing the firearm with the obtained serial number
582	582	556during manufacture or assembly; and (iii) registering the firearm with the department of criminal 28 of 125
583	583	557justice information services in accordance with section 122 within 7 days of the firearm’s
584	584	558manufacture or assembly.
585	585	559 (d) No person shall manufacture or assemble a privately made firearm that does not
586	586	560comply with all relevant state and federal safety regulations.
587	587	561 (e) The department of criminal justice information services shall develop and maintain a
588	588	562serial number request system to electronically receive, record and process requests for a unique
589	589	563serial number in accordance with this section. The serial number request system shall be
590	590	564integrated with the electronic firearms registration system maintained by the department of
591	591	565criminal justice information services pursuant to section 122 and shall be able to register all
592	592	566firearms and report firearm transactions pursuant to said section 122, and ensure that all data on
593	593	567privately made firearms is available for data collection pursuant to sections 122B and tracing
594	594	568purposes pursuant to section 122C.
595	595	569 (f) Requests for a unique serial number through the serial number request system shall
596	596	570include information on the person requesting a unique serial number, whether the request is for a
597	597	571privately made firearm, the type of firearm to be serialized and, if privately made, the means and
598	598	572manner of its production.
599	599	573 (g) The requirements of this section shall not apply to firearms: (i) being delivered to law
600	600	574enforcement for the sole purpose of their destruction; (ii) possessed by common carriers and their
601	601	575duly authorized employees and agents while performing the regular and ordinary transport of
602	602	576firearms as merchandise for customers licensed to permit such transport; (iii) possessed by
603	603	577individuals lawfully traveling through the commonwealth in the care and custody of a
604	604	578nonresident owner provided that the firearms are stored in accordance with sections 126B and 29 of 125
605	605	579126C; (iv) that are the property of the government of the United States; or (v) produced by
606	606	580federally licensed manufacturers not for sale in the commonwealth.
607	607	581 (h) The executive office of public safety and security, in consultation with the department
608	608	582of criminal justice information services, shall promulgate rules and regulations for the
609	609	583implementation of this section, including technical requirements for the serialization of firearms,
610	610	584procedures for requesting serial numbers and procedures for public notice and an outreach
611	611	585campaign to promote awareness of this section.
612	612	586 SECTION 41. Said chapter 140 is hereby further amended by striking out section 122B,
613	613	587as so appearing, and inserting in place thereof the following section:-
614	614	588 Section 122B. (a) The department of criminal justice information services, in
615	615	589collaboration with the executive office of public safety and security and the executive office of
616	616	590technology services and security, shall collect, assemble and publish data and other information
617	617	591relating to the use of firearms in the commonwealth.
618	618	592 (b) State and local agencies, including, but not limited to, the department of the state
619	619	593police, licensing authorities and other criminal justice agencies, as defined in section 167 of
620	620	594chapter 6, shall provide timely access to information requested by the department of criminal
621	621	595justice information services pursuant to this section.
622	622	596 (c) The department of criminal justice information services shall make non-personally
623	623	597identifying data accessible to the general public through the publication of an online dashboard
624	624	598updated at least quarterly. This dashboard shall include, but shall not be limited to: 30 of 125
625	625	599 (1) The following aggregate data on the issuance of firearm licenses and permits pursuant
626	626	600to sections 124 to 124B, inclusive, of chapter 140:
627	627	601 (i) the age, gender, race, ethnicity and municipality of applicants for a license to carry;
628	628	602 (ii) the age, gender, race, ethnicity and municipality of individuals whose applications for
629	629	603a license to carry were denied;
630	630	604 (iii) the age, gender, race, ethnicity and municipality of applicants for a long gun permit;
631	631	605and
632	632	606 (iv) the age, gender, race, ethnicity and municipality of individuals whose applications
633	633	607for a long gun permit were denied.
634	634	608 (2) The following aggregate data on firearm-involved violence, including, but not limited
635	635	609to, firearm-involved crimes and attempted or completed suicides using firearms:
636	636	610 (i) the type of firearm-involved violence, for example, attempted or completed suicide,
637	637	611homicide, accidental shooting, or other firearm-involved crime;
638	638	612 (ii) the age, gender, race and ethnicity of the firearm user;
639	639	613 (iii) the age, gender, race and ethnicity of any victims of firearm-involved violence;
640	640	614 (iv) the geographic location of the firearm-involved violence;
641	641	615 (v) the firearms license status of the firearm user;
642	642	616 (vi) whether the firearm user, at the time of the incident, would be considered a
643	643	617prohibited person as described in section 123; 31 of 125
644	644	618 (vii) whether the firearm user was arrested as a result of the incident;
645	645	619 (viii) the disposition of any prosecution;
646	646	620 (ix) whether the firearm was used in connection with known gang activity, a domestic
647	647	621dispute or police interaction;
648	648	622 (x) the make, model, manufacturer and state or country of origin of the involved firearm;
649	649	623 (xi) the origin, source and secondary market of the involved firearm, including whether it
650	650	624was purchased from a licensed dealer or private seller;
651	651	625 (xii) whether the involved firearm was lost, stolen or otherwise illegally obtained; and
652	652	626 (xiii) whether the involved firearm was untraceable or a privately made firearm,
653	653	627including the manner in which it was produced.
654	654	628 (d) The department of criminal justice information services, in coordination with the
655	655	629executive office of public safety and security and the executive office of technology services and
656	656	630security, shall promulgate rules and regulations to ensure prompt collection, exchange, and
657	657	631publication of the firearm licensing information under this section.
658	658	632 SECTION 42. Said chapter 140 is hereby further amended by striking out section 122C,
659	659	633as so appearing, and inserting in place thereof the following section:-
660	660	634 Section 122C. (a) A firearm used to carry out a criminal act shall be traced by the
661	661	635licensing authority for the city or town in which the crime took place or the law enforcement
662	662	636agency taking possession of the firearm. Said authority or agency shall report all available
663	663	637statistical data to the department of criminal justice information services. This statistical data 32 of 125
664	664	638shall include, but not be limited to: (i) the make, model, serial number and caliber of the firearm
665	665	639used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv)
666	666	640whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was
667	667	641retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known
668	668	642gang activity; (vii) whether the firearm was obtained illegally; (viii) whether the firearm was lost
669	669	643or stolen; and (ix) whether the person using the firearm was otherwise a prohibited person.
670	670	644 (b) The department of criminal justice information services shall ensure that data reported
671	671	645pursuant to this section is automatically transmitted into the federal electronic system maintained
672	672	646by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of
673	673	647Justice and to the commonwealth fusion center or the criminal firearms and trafficking unit
674	674	648within the division of investigation and intelligence in the department of state police established
675	675	649in section 6 of chapter 22C. The colonel of state police shall produce an annual report not later
676	676	650than December 31 regarding crimes committed in the commonwealth using firearms, including
677	677	651all of the categories of data contained in this section, and shall submit a copy of the report to the
678	678	652joint committee on public safety and homeland security, the clerks of the house of
679	679	653representatives and the senate and, upon request, to criminology, public policy and public health
680	680	654researchers and other law enforcement agencies.
681	681	655 SECTION 43. Section 122D of said chapter 140 is hereby repealed.
682	682	656 SECTION 44. Said chapter 140 is hereby further amended by striking out section 123, as
683	683	657appearing in the 2022 Official Edition, and inserting in place thereof the following 5 sections:-
684	684	658 Section 123. (a) A licensing authority shall deny any application for a license or permit
685	685	659issued under sections 124 to 124B, inclusive, 124E, 125 or 125B or renewal thereof, to a person 33 of 125
686	686	660the licensing authority determines to be a prohibited person. A prohibited person shall be a
687	687	661person who:
688	688	662 (i) has ever, in a court of the commonwealth or in any other state or federal jurisdiction,
689	689	663been convicted or adjudicated as a youthful offender or delinquent child or both, as defined in
690	690	664section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by
691	691	665imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a
692	692	666violation of any law regarding the use, possession, ownership or transfer of firearms or
693	693	667ammunition for which a term of imprisonment may be imposed; (E) a violation of any law of the
694	694	668commonwealth regulating the use, possession or sale of controlled substances, as defined in
695	695	669section 1 of chapter 94C; or (F) a misdemeanor crime of domestic violence as defined in 18
696	696	670U.S.C. 921(a)(33); provided, however, that, the commission of a crime described in clauses (B),
697	697	671(D) or (E) shall only disqualify an applicant for a long gun permit under section 124A for 5 years
698	698	672after the applicant was convicted or adjudicated or released from confinement, probation or
699	699	673parole supervision for such conviction or adjudication, whichever occurs later;
700	700	674 (ii) is or has been: (A) committed to a hospital or institution for mental illness or alcohol
701	701	675or substance use disorder, except a commitment pursuant to sections 35 or 36C of chapter 123,
702	702	676unless after 5 years from the date of the confinement the applicant submits with the application
703	703	677for a license or permit an affidavit of a licensed physician or clinical psychologist attesting
704	704	678familiarity with the applicant’s mental illness or alcohol or substance use disorder and that in the
705	705	679physician’s or psychologist’s opinion, the applicant is not suffering from a mental illness or
706	706	680alcohol or substance use disorder in a manner that shall prevent the applicant from possessing a
707	707	681licensed firearm or permitted long gun; (B) committed by a court order to a hospital or institution
708	708	682for mental illness, unless the applicant was granted a petition for relief of the court order 34 of 125
709	709	683pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the
710	710	684application for a license or permit; (C) subject to an order of the probate court appointing a
711	711	685guardian or conservator for an incapacitated person on the grounds that the applicant lacks the
712	712	686mental capacity to contract or manage the applicant’s affairs, unless the applicant was granted a
713	713	687petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and
714	714	688submits a copy of the order with the application for a license or permit; or (D) found to be a
715	715	689person with an alcohol use disorder or substance use disorder or both and committed pursuant to
716	716	690said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the
717	717	691court order pursuant to said section 35 of said chapter 123 and submits a copy of the court order
718	718	692with the application;
719	719	693 (iii) is currently subject to: (A) an order for suspension or surrender issued pursuant to
720	720	694sections 3B or 3C of chapter 209A; (B) a permanent or temporary protection order issued
721	721	695pursuant to said chapter 209A; (C) any order described in 18 U.S.C. 922(g)(8); (D) a permanent
722	722	696or temporary harassment prevention order issued pursuant to chapter 258E; (E) an extreme risk
723	723	697protection order issued pursuant to sections 131A and 131B; or (F) an order similar to the orders
724	724	698described in clauses (A), (B), (C), (D) or (E) issued by another jurisdiction;
725	725	699 (iv) is currently the subject of an outstanding arrest warrant in any state or federal
726	726	700jurisdiction;
727	727	701 (v) is a person not legally or lawfully in the United States;
728	728	702 (vi) has been discharged from the armed forces of the United States under dishonorable
729	729	703conditions; or
730	730	704 (vii) is a fugitive from justice. 35 of 125
731	731	705 (b) A licensing authority shall deny any application for a license or permit under sections
732	732	706124 to 124B, inclusive, 124E, 125 or 125B, or renewal thereof, to a person the licensing
733	733	707authority determines to be unsuitable to hold a license or permit. A determination of unsuitability
734	734	708shall be based on reliable, articulable and credible information that the applicant has exhibited or
735	735	709engaged in behavior that suggests that, if issued a license or permit, the applicant may create a
736	736	710risk to public safety or a risk of danger to themselves or others. Upon denial of an application or
737	737	711renewal of a license or permit based on a determination of unsuitability, the licensing authority
738	738	712shall notify the applicant in writing setting forth the specific reasons for the determination.
739	739	713 (c) In the case of an application or renewal of a long gun permit under section 124A, a
740	740	714licensing authority shall not have the authority to deny an application on the grounds of
741	741	715unsuitability but may file a petition requesting that the district court having jurisdiction deny said
742	742	716application on unsuitability grounds. Such petition shall operate to stay the application and shall
743	743	717be founded upon a written statement of the reasons for supporting a finding of unsuitability.
744	744	718Upon filing, a copy of the written petition and statement shall be provided to the applicant by the
745	745	719licensing authority. The court shall within 90 days of receiving the filed petition hold a hearing
746	746	720to determine if the applicant for the long gun permit is unsuitable and enter a judgment on
747	747	721suitability. A determination of unsuitability shall be based on a preponderance of the evidence
748	748	722that there is reliable, articulable and credible information that the applicant has exhibited or
749	749	723engaged in behavior that suggests that, if issued a long gun license, the applicant may create a
750	750	724risk to public safety or a risk of danger to self or others. If a court enters a judgment that an
751	751	725applicant is unsuitable, the court shall notify the applicant in writing setting forth the specific
752	752	726reasons for such determination. If a court has not entered a judgement that an applicant is 36 of 125
753	753	727unsuitable within 90 days of the petition, judgment that the applicant is suitable for a long gun
754	754	728permit shall be automatically entered.
755	755	729 (d) An applicant aggrieved by a denial of a license or permit under sections 124 to 124B,
756	756	730inclusive, 124E, 125 or 125B may appeal the denial pursuant to section 123C.
757	757	731 Section 123A. (a) There shall be a firearm licensing review board, established within the
758	758	732department of criminal justice information services, comprised of 7 members: 1 of whom shall
759	759	733be a member of the department of criminal justice information services appointed by the
760	760	734commissioner and who shall be the chair; 1 of whom shall be the secretary of public safety or
761	761	735their designee; 1 of whom shall be the colonel of state police or their designee; 1 of whom shall
762	762	736be appointed by the Massachusetts Chiefs of Police Association Incorporated; 1 of whom shall
763	763	737be the attorney general or their designee; 1 of whom shall be an attorney with litigation
764	764	738experience in firearm licensing cases and appointed by the governor from a list of qualified
765	765	739persons submitted to the governor by the Massachusetts Bar Association; and 1 of whom shall be
766	766	740a retired member of the judiciary and appointed by the governor.
767	767	741 (b) An applicant for a long gun permit pursuant to section 124A, self-defense spray
768	768	742permit pursuant to section 124E or a license to carry pursuant to section 124 or 124B who has
769	769	743been convicted of or adjudicated as a youthful offender or delinquent child by reason of an
770	770	744offense or offenses punishable by 2 ½ years’ imprisonment or less when committed under the
771	771	745laws of the commonwealth may, after the passage of 5 years from conviction, adjudication as a
772	772	746youthful offender or a delinquent child, or release from confinement, commitment, probation or
773	773	747parole supervision for such conviction or adjudication, whichever occurs later, file a petition for
774	774	748review of eligibility with the firearm licensing review board; provided, however, that an 37 of 125
775	775	749applicant shall not be eligible to petition the firearm licensing review board pursuant to this
776	776	750section if the applicant was convicted of an assault or battery on a family member or household
777	777	751member, as defined by section 1 of chapter 209A; and provided further, that the determination to
778	778	752be made under clause (e) of said section 1 of said chapter 209A shall be made by the review
779	779	753board.
780	780	754 (c) The petitioner shall provide to the board a copy of a completed long gun permit, self-
781	781	755defense spray permit or license to carry application, which application shall have previously been
782	782	756submitted to the licensing authority or be submitted to the licensing authority contemporaneously
783	783	757with the petition filed with the board. The petitioner shall have the burden to prove their
784	784	758suitability to receive a long gun permit, self-defense spray permit or a license to carry by clear
785	785	759and convincing evidence. The board shall set a reasonable filing fee to file the petition.
786	786	760 (d) If the board determines, by a 2/3 vote, that: (i) the sole disqualifier for the petitioner is
787	787	761any conviction or adjudication as a youthful offender or a delinquent child for an offense or
788	788	762offenses described in subsection (b); (ii) 5 years has passed since such conviction or adjudication
789	789	763or release from confinement, commitment, probation or parole supervision for such conviction or
790	790	764adjudication, whichever is last occurring; and (iii) by clear and convincing evidence, that the
791	791	765petitioner is a suitable person to be a long gun permit, self-defense spray permit or license to
792	792	766carry holder, the board shall determine that the petitioner’s right or ability to possess a firearm is
793	793	767fully restored in the commonwealth with respect to such conviction or adjudication and that such
794	794	768conviction or adjudication shall not prohibit such petitioner from applying to a licensing
795	795	769authority for a long gun permit, self-defense spray permit or license to carry. The board shall
796	796	770make a determination on a petition within 60 days after receipt of the petition. 38 of 125
797	797	771 (e) The board shall hold hearings at such times and places as in its discretion it
798	798	772reasonably determines to be required, but not less than once every 90 days, and shall give
799	799	773reasonable notice of the time and place of the hearing to the petitioner. The board shall have the
800	800	774power to compel attendance of witnesses at hearings.
801	801	775 (f) All hearings shall be conducted in an informal manner, but otherwise according to the
802	802	776rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and
803	803	777payment for stenographic services, as determined by the board, accompanies such request, the
804	804	778board shall cause a verbatim transcript of the hearing to be made. The board’s decisions and
805	805	779findings of facts therefore shall be communicated in writing to the petitioner and to the licensing
806	806	780authority to whom the petitioner has applied or intends to apply within 20 days of rendering a
807	807	781decision.
808	808	782 (g) Members of the board shall serve without compensation but shall be entitled to
809	809	783reasonable subsistence and travel allowances in the performance of their duties.
810	810	784 Section 123B. (a) All application fees for licenses and permits issued under sections 124
811	811	785to 124C, inclusive, 124E, 125 or 125B shall be payable to the issuing licensing authority and
812	812	786shall not be prorated or refunded in case of revocation or denial. Notwithstanding any general or
813	813	787special law to the contrary, licensing authorities shall deposit all fees into the specified funds
814	814	788quarterly, not later than January 1, April 1, July 1 and October 1 of each year.
815	815	789 (b) Unless otherwise stated in this section the fee for an application or renewal of:
816	816	790 (i) any license or permit shall be $100 of which the licensing authority shall retain $25 of
817	817	791the fee; $50 of the fee shall be deposited into the General Fund; provided, that not less than
818	818	792$50,000 of the total funds deposited into the General Fund shall be allocated to the firearm 39 of 125
819	819	793licensing review board, established in section 123A, for its operations; and provided further, that
820	820	794any funds not expended by said board for its operations shall revert back to the General Fund;
821	821	795and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund
822	822	796established in section 2LLL of chapter 29;
823	823	797 (ii) a license to carry firearms issued under sections 124 or 124B for active and retired
824	824	798law enforcement officials or local, state or federal government entities acting on their behalf
825	825	799shall be $25 of which half shall be retained by the licensing authority and half deposited into the
826	826	800General Fund; and
827	827	801 (iii) a long gun permit issued under section 124A for persons under 18 years of age or a
828	828	802self-defense spray permit issued under section 124E shall be $25 of which 50 per cent shall be
829	829	803retained by the licensing authority and 50 per cent deposited into the General Fund.
830	830	804 (c) Any person over the age of 70 and any law enforcement officer applying through their
831	831	805employing agency for renewal of a license to carry firearms or a long gun permit shall be exempt
832	832	806from the requirement of paying a renewal fee.
833	833	807 (d) Any person with a license to sell under section 125 shall not be assessed any
834	834	808additional fee for a gunsmith’s license.
835	835	809 (e) The commissioner of the department of criminal justice information services shall
836	836	810send electronically or by first class mail to the license or permit holder, a notice of the expiration
837	837	811of the license or permit not less than 90 days before its expiration and shall enclose or provide a
838	838	812website link to a form for its renewal. The form for renewal shall include: 40 of 125
839	839	813 (i) an affidavit which shall be completed and returned in order to renew the license or
840	840	814permit in which the applicant shall verify that the applicant has not lost or had stolen any firearm,
841	841	815for a license and permit respectively, from the applicant’s possession since the date of the
842	842	816applicant’s last renewal or issuance; and
843	843	817 (ii) all pertinent information about the penalties and punishments that may be imposed if
844	844	818the license or permit is not renewed and the applicant remains in possession of any firearms.
845	845	819 (f) Notwithstanding any general or special law to the contrary, an expired license to carry
846	846	820firearms issued under sections 124 or 124B or an expired long gun permit issued under section
847	847	821124A shall remain valid for all lawful purposes if:
848	848	822 (i) the licensee or permit holder applied for renewal before the license or permit
849	849	823expiration date and shall remain valid until the application for renewal is approved or denied;
850	850	824 (ii) the licensee or permit holder is on active duty with the armed forces of the United
851	851	825States on the expiration date of the license or permit; provided, that the license or permit shall
852	852	826remain valid until the licensee or permit holder is released from active duty and for a period of
853	853	827not less than 180 days following their release; provided, however, that, if the licensee or permit
854	854	828holder applied for renewal prior to the end of that period, the license or permit shall remain valid
855	855	829for all lawful purposes until the application for renewal is approved or denied; or
856	856	830 (iii) the expiration period has not yet exceeded 90 days beyond the stated date of
857	857	831expiration, unless such license to carry or long gun permit has been revoked or suspended.
858	858	832 (g) Any person in possession of a license to carry issued under sections 124 or 124B or
859	859	833long gun permit issued under section 124A whose respective license or permit is invalid for the 41 of 125
860	860	834sole reason that it has expired, not including licenses and permits that remain valid under
861	861	835subsection (f), and not otherwise disqualified from renewal upon application, shall be subject to a
862	862	836fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply;
863	863	837provided, however, that this exemption shall not apply if such license or permit: (i) has been
864	864	838revoked or suspended unless such revocation or suspension was caused by failure to give notice
865	865	839of a change of address; (ii) is the subject of pending revocation or suspension unless such
866	866	840revocation or suspension was caused by failure to give notice of a change of address; or (iii) has
867	867	841had an application for renewal denied. Any law enforcement officer who discovers a person to be
868	868	842in possession of a firearm after such person’s license or permit has expired, meaning after 90
869	869	843days beyond the stated expiration date on the license or has been revoked or suspended solely for
870	870	844failure to given notice of a change of address, shall confiscate such firearm and the expired or
871	871	845suspended license then in possession and such officer shall forward such license or permit, as
872	872	846soon as practical, to the licensing authority that issued the expired license or permit. The officer
873	873	847shall, at the time of confiscation, provide to the person whose firearm has been confiscated, a
874	874	848written inventory and receipt for all firearms confiscated and the officer shall exercise due care
875	875	849in the handling, holding and storage of these items. Any confiscated firearm shall be considered
876	876	850surrendered and subject to the conditions of section 123D; provided, however, that the
877	877	851confiscated firearm shall be returned to the owner if proof of license or permit reinstatement is
878	878	852provided within 1 year of confiscation. This subsection shall not apply to temporary licenses to
879	879	853carry under section 124B.
880	880	854 Section 123C. (a)(1) A licensing authority shall revoke or suspend any license or permit
881	881	855pursuant to sections 124 to 124B, inclusive, 124E, 125 or 125B upon the occurrence of any event
882	882	856which makes the licensee or permit holder a prohibited person as defined in section 123. A 42 of 125
883	883	857licensing authority may also revoke or suspend any license or permit issued pursuant to sections
884	884	858124 to 124B, inclusive, 124E, 125 or 125B upon a subsequent determination of unsuitability as
885	885	859defined in said section 123 or upon satisfactory proof that the licensee has violated or permitted
886	886	860any violation of this chapter; provided, however, that in the case of a long gun permit issued
887	887	861under section 124A, a licensing authority shall file a petition to the district court for suspension
888	888	862or revocation of said permit, and said petition shall effect such suspension or revocation pending
889	889	863a judicial determination of sufficient evidence of unsuitability, which the court shall make within
890	890	86415 days of the filing of the petition, after which the procedures and standards of subsection (c) of
891	891	865section 123 shall apply. A licensing authority may revoke or suspend any license issued under
892	892	866sections 125 or 125B only after due notice to the licensee and reasonable opportunity to be
893	893	867heard.
894	894	868 (2) Any revocation or suspension of a license or permit issued under sections 124 to
895	895	869124B, inclusive, 124E, 125 or 125B shall be in writing and shall state the reasons for revocation
896	896	870or suspension. No pendency of proceedings before the court shall operate to stay such revocation
897	897	871or suspension. Notices of revocation and suspension shall be forwarded to the commissioner of
898	898	872the department of criminal justice information services and the commissioner of probation and
899	899	873shall be included in the criminal justice information system. A revoked or suspended license or
900	900	874permit may be reinstated only upon the termination of all disqualifying conditions. If a license to
901	901	875sell issued under section 125 is revoked, the licensee shall be disqualified to receive a license for
902	902	8761 year after the expiration of the term of the license so revoked.
903	903	877 (b)(1) Any applicant or licensee aggrieved by a denial, revocation or suspension of a
904	904	878license to sell under section 125 may appeal such denial, revocation or suspension by: (i)
905	905	879applying to the colonel of state police for said license within 10 days of a denial, revocation or 43 of 125
906	906	880suspension, who may direct the licensing authority to grant said license if, after a hearing, the
907	907	881colonel determines that there were no reasonable grounds for the denial, suspension or
908	908	882revocation and that the applicant is not barred by law from holding such a license, or (ii) filing an
909	909	883appeal with the district court having jurisdiction pursuant to paragraph (2) of this subsection.
910	910	884 (2) Any applicant, licensee or permit holder aggrieved by a denial, revocation or
911	911	885suspension of a license or permit issued under sections 124 to 124B, inclusive, 124E, 125 or
912	912	886125B may, unless a hearing has previously been held pursuant to chapter 209A within either 90
913	913	887days after receiving notice of the denial, revocation or suspension or within 90 days after the
914	914	888expiration of the time limit during which the licensing authority shall respond to the applicant,
915	915	889file a petition to obtain judicial review in the district court having jurisdiction in the city or town
916	916	890in which the applicant filed the application or in which the license or permit was issued.
917	917	891 (3) The district court may order a license or permit be issued or reinstated upon a finding
918	918	892that there was no reasonable ground for denying, suspending or revoking the license and that
919	919	893petitioner is not prohibited by law from possessing the license.
920	920	894 Section 123D. (a) Upon revocation, suspension or denial of an application for any license
921	921	895or permit issued pursuant to sections 124 to 124B, inclusive, the person whose application was
922	922	896so revoked, suspended or denied shall, without delay, deliver or surrender to the licensing
923	923	897authority where the person resides all firearms or ammunition which are registered to the person
924	924	898or that the person then possesses and shall report such delivery or surrender to the electronic
925	925	899firearms registration system pursuant to section 122. The person or the person’s legal
926	926	900representative shall have the right, at any time up to 1 year after the delivery or surrender, to
927	927	901transfer the firearms and ammunition, notwithstanding the limits on private firearm transfers in 44 of 125
928	928	902section 127B, to a licensed dealer or to a person legally permitted to purchase or take possession
929	929	903of the firearms and ammunition and, upon notification in writing by the purchaser or transferee
930	930	904and the former owner, the licensing authority shall within 10 days deliver the firearms and
931	931	905ammunition to the transferee or purchaser and the licensing authority shall observe due care in
932	932	906the receipt and holding of any such firearm or ammunition; provided, however, that the
933	933	907purchaser or transferee shall affirm in writing that the purchaser or transferee shall not transfer
934	934	908the firearms or ammunition to the former owner; provided, however, that such transfer shall not
935	935	909be permitted if the firearm may be evidence in any pending criminal investigation. The licensing
936	936	910authority shall at the time of delivery or surrender inform the person in writing of their right to
937	937	911request a transfer in accordance with this paragraph.
938	938	912 (b) The licensing authority, after taking possession of any firearm or ammunition by any
939	939	913means, may transfer possession for storage purposes to a federally licensed firearms dealer who
940	940	914operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure
941	941	915storage of firearms and a weapon box or similar container for the secure storage of ammunition;
942	942	916provided, however, that the licensing authority shall not transfer to such dealer possession of any
943	943	917firearm or ammunition that may be evidence in any pending criminal investigation. Any such
944	944	918dealer that takes possession of a firearm or ammunition pursuant to this section shall: (i) inspect
945	945	919the firearm or ammunition; (ii) issue to the owner a receipt indicating the make, model, caliber,
946	946	920serial number and condition of each firearm or ammunition so received; and (iii) store and
947	947	921maintain all firearms and ammunition so received in accordance with such regulations, rules or
948	948	922guidelines as the secretary of the executive office of public safety and security may establish
949	949	923under this section. The owner shall be liable to such dealer for reasonable storage charges. 45 of 125
950	950	924 (c) Firearms and ammunition not disposed of within 1 year of delivery or surrender
951	951	925pursuant to this section shall be sold at public auction by the colonel of the state police to the
952	952	926highest bidding person legally permitted to purchase and possess said firearms and ammunition
953	953	927and the proceeds shall be remitted to the General Fund.
954	954	928 (d) Any such firearm or ammunition that is stored and maintained by a licensed dealer
955	955	929may be so auctioned pursuant to subsection (c) at the direction of: (i) the licensing authority at
956	956	930the expiration of 1 year following initial surrender or delivery to such licensing authority; or (ii)
957	957	931the dealer then in possession, if the storage charges for such firearm or ammunition have been in
958	958	932arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer
959	959	933for the purpose of transferring ownership to the auctioneer; provided further, that in either case,
960	960	934after deduction and payment for storage charges and all necessary costs associated with such
961	961	935surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of
962	962	936such firearm or ammunition; provided, however, that any firearm or ammunition identified
963	963	937pursuant to section 122C as having been used to carry out a criminal act and any firearm or
964	964	938ammunition prohibited by law from being owned or possessed within the commonwealth shall
965	965	939not be sold at public auction pursuant to this section and shall instead be destroyed by the colonel
966	966	940of the state police.
967	967	941 (e) Unless otherwise required in this chapter, if the licensing authority cannot reasonably
968	968	942ascertain a lawful owner within 180 days of acquisition by the licensing authority, the licensing
969	969	943authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms
970	970	944or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or
971	971	945transfer shall be remitted or credited to the municipality in which the licensing authority presides
972	972	946to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; 46 of 125
973	973	947provided, however, that no firearm or ammunition identified pursuant to section 122C as having
974	974	948been used to carry out a criminal act shall be considered surplus, donated, abandoned or junk for
975	975	949the purposes of this section.
976	976	950 (f) The licensing authority shall report the delivery or surrender or seizure of firearms and
977	977	951ammunition pursuant to sections 131 to 131H, inclusive, to the department of criminal justice
978	978	952information services via the electronic firearms registration system. The report shall include the
979	979	953following information: (i) date of delivery, surrender or seizure; (ii) make, model, serial number
980	980	954and caliber of the firearm delivered, surrendered or seized and any identifying information for
981	981	955ammunition delivered, surrendered or seized; (iii) grounds for surrender or seizure; (iv) whether
982	982	956the firearm or ammunition is prohibited by law from being owned or possessed in the
983	983	957commonwealth; (v) whether the firearm or ammunition was classified as having been used to
984	984	958carry out a criminal act; (vi) information on the possession, storage, transfer, sale and any
985	985	959income derived therefrom; and (vii) the destruction or other disposition of the firearm or
986	986	960ammunition. Upon submission of this information, the system shall automatically report back to
987	987	961the licensing authority whether the firearm is registered, serialized, reported lost or stolen or
988	988	962potential evidence in a pending criminal investigation.
989	989	963 (g) The secretary of the executive office of public safety and security may promulgate
990	990	964rules and regulations as necessary to carry out this section.
991	991	965 SECTION 45. Said chapter 140 is hereby further amended by striking out section 124, as
992	992	966so appearing, and inserting in place thereof the following 6 sections:-
993	993	967 Section 124. (a) A license to carry firearms shall entitle the holder thereof to purchase,
994	994	968transfer, possess and carry firearms including large capacity firearms and ammunition therefor. 47 of 125
995	995	969This license shall not entitle a holder thereof to transfer, possess or carry large capacity feeding
996	996	970devices or assault-style firearms unless such transfer, possession or carry is permitted under
997	997	971section 128B.
998	998	972 (b) Any lawful resident 21 years of age or older residing within the jurisdiction of the
999	999	973licensing authority, any law enforcement officer employed by the licensing authority or any
1000	1000	974person residing in an area of exclusive federal jurisdiction located within a city or town may
1001	1001	975submit to the licensing authority an application for a license to carry firearms, or renewal of the
1002	1002	976same, which the licensing authority shall issue if the licensing authority determines that the
1003	1003	977applicant is neither a prohibited person nor unsuitable under section 123 to transfer, possess or
1004	1004	978carry a firearm; provided, however, that upon an initial application for a license to carry firearms,
1005	1005	979the licensing authority shall conduct a personal interview with the applicant.
1006	1006	980 (c) No person shall be issued a license to carry or possess a machine gun in the
1007	1007	981commonwealth or be otherwise legally entitled to transfer, possess or carry a machine gun;
1008	1008	982provided, however, that a licensing authority or the colonel of the state police may issue a
1009	1009	983machine gun license to: (i) a firearm instructor certified by the municipal police training
1010	1010	984committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide
1011	1011	985collector of firearms upon application for renewal of such license.
1012	1012	986 (d) No license shall issue under this section unless the applicant submits with their
1013	1013	987application a basic firearms safety certificate pursuant to section 126.
1014	1014	988 (e) A person issued a license under this section shall report any change of address via the
1015	1015	989electronic firearm registration system administered by the commissioner of the department of
1016	1016	990criminal justice information services. Such notification shall be made on said electronic firearms 48 of 125
1017	1017	991registration system within 30 days of its occurrence. Failure to notify in a timely manner shall be
1018	1018	992cause for revocation or suspension of said license.
1019	1019	993 (f) A license to carry firearms shall be valid, unless revoked or suspended, for a period of
1020	1020	994not more than 6 years and shall expire on the anniversary of the licensee’s date of birth occurring
1021	1021	995not less than 5 years nor more than 6 years from the date of issue. Any license issued to an
1022	1022	996applicant born on February 29 shall expire on March 1.
1023	1023	997 (g) Any person issued a license to carry firearms, who, while in possession of a firearm
1024	1024	998and not being within the limits of their own property or residence, or any such person whose
1025	1025	999property or residence is under lawful search, shall on demand of a law enforcement officer,
1026	1026	1000exhibit their license. Failure to do so may result in the surrender of said person’s firearms and
1027	1027	1001ammunition, which shall be taken into custody pursuant to section 123D; provided, however, that
1028	1028	1002such firearms and ammunition shall be returned forthwith within 30 days of presenting a valid
1029	1029	1003license to the appropriate law enforcement agency.
1030	1030	1004 Section 124A. (a) A long gun permit shall entitle the holder to purchase, transfer, possess
1031	1031	1005and carry common long guns, and the ammunition therefor. A long gun permit shall not entitle a
1032	1032	1006holder to transfer, possess or carry any other firearm including any large capacity firearm,
1033	1033	1007semiautomatic rifle or semiautomatic shotgun except under the direct supervision of a holder of a
1034	1034	1008license to carry firearms at an incorporated shooting club or a licensed shooting range.
1035	1035	1009 (b) Any lawful resident 18 years of age or older residing within the jurisdiction of the
1036	1036	1010licensing authority or residing in an area of exclusive federal jurisdiction located within a city or
1037	1037	1011town may submit to the licensing authority an application for a long gun permit, or renewal of
1038	1038	1012the same, which the licensing authority shall issue if it appears that the applicant is not a 49 of 125
1039	1039	1013prohibited person and no judicial stay is requested as outlined in section 123. A person aged 15
1040	1040	1014years or older, but less than 18 years of age may submit an application for a long gun permit and
1041	1041	1015shall be issued the same only if the applicant meets the requirements of this section and submits
1042	1042	1016with the application a certificate of a parent or guardian granting the applicant permission to
1043	1043	1017apply for the permit. A person 14 years of age may submit an application for a long gun permit
1044	1044	1018but the applicant shall not be issued the permit until they reach 15 years of age.
1045	1045	1019 (c) No permit shall be issued under this section unless the applicant submits with their
1046	1046	1020application a basic firearms safety certificate required pursuant to section 126.
1047	1047	1021 (d) A person issued a permit under this section shall report any change of address via the
1048	1048	1022electronic firearm registration system administered by the commissioner of the department of
1049	1049	1023criminal justice information services. Such notification shall be made on the portal within 30
1050	1050	1024days of its occurrence. Failure to notify in a timely manner shall be cause for revocation or
1051	1051	1025suspension of said permit.
1052	1052	1026 (e) A permit shall be valid, unless revoked or suspended, for a period of not more than 6
1053	1053	1027years and shall expire on the anniversary of the permit holder’s date of birth occurring not less
1054	1054	1028than 5 years nor more than 6 years from the date of issue. Any permit issued to an applicant born
1055	1055	1029on February 29 shall expire on March 1.
1056	1056	1030 (f) Any person issued a permit under this section, who, while in possession of a firearm
1057	1057	1031and not being within the limits of their own property or residence, or any such person whose
1058	1058	1032property or residence is under lawful search, shall on demand by a law enforcement officer,
1059	1059	1033exhibit a permit authorizing possession of such firearms. Failure to do so may result in the
1060	1060	1034surrender of all firearms and ammunition therefor which shall be taken into custody pursuant to 50 of 125
1061	1061	1035section 123D; provided, however, that such firearms and ammunition shall be returned forthwith
1062	1062	1036upon the presentation within 30 days of a valid long gun permit.
1063	1063	1037 Section 124B. (a) A temporary license to carry firearms or ammunition within the
1064	1064	1038commonwealth shall be issued by the colonel of the state police or their designee in accordance
1065	1065	1039with the qualification requirements and procedures for a license to carry firearms issued under
1066	1066	1040section 124, to:
1067	1067	1041 (i) a resident of the commonwealth for purposes of sports competition;
1068	1068	1042 (ii) a nonresident for purposes of a firearm competition;
1069	1069	1043 (iii) a nonresident who is in the employ of a bank, public utility corporation, or a firm
1070	1070	1044engaged in the business of transferring monies, or business of a similar nature, or a firm licensed
1071	1071	1045as a private detective under chapter 147, and whose application is endorsed by an employer; or
1072	1072	1046 (iv) a nonresident who is a member of the armed services and is stationed within the
1073	1073	1047territorial boundaries of the commonwealth and has the written consent of their commanding
1074	1074	1048officer.
1075	1075	1049 (b) A temporary license to possess a machine gun within the commonwealth, may be
1076	1076	1050issued by the colonel of the state police or their designee in accordance with the qualification
1077	1077	1051requirements and procedures for a license to carry a machine gun issued under section 124 to a
1078	1078	1052nonresident employee of a federally licensed manufacturer of machine guns for the purpose of
1079	1079	1053transporting or testing relative to the manufacture of machine guns, and whose application is
1080	1080	1054endorsed by their employer. 51 of 125
1081	1081	1055 (c) A temporary license issued under clauses (i) and (ii) of subsection (a) shall be valid
1082	1082	1056for a period of 1 year and may be renewed, if necessary, by the colonel or their designee. A
1083	1083	1057temporary licensed issued under clauses (iii) and (iv) of subsection (a) and under subsection (b)
1084	1084	1058may be issued for any term not to exceed 2 years and shall expire in accordance with the terms in
1085	1085	1059section 123B.
1086	1086	1060 (d) The colonel or their designee may permit a licensee under this section to possess a
1087	1087	1061large capacity firearm and large capacity feeding device; provided, however, that this entitlement
1088	1088	1062shall be clearly indicated on the license and such large capacity firearm shall not be an assault-
1089	1089	1063style firearm prohibited by section 128B, and such large capacity feeding device shall be used in
1090	1090	1064accordance with section 128B.
1091	1091	1065 (e) A temporary license issued pursuant to this section shall clearly be marked as such
1092	1092	1066and may not be used to purchase a firearm or ammunition without a valid permit to purchase
1093	1093	1067issued under section 124C, or otherwise transfer firearms or ammunition within the
1094	1094	1068commonwealth.
1095	1095	1069 Section 124C. (a) A person with a temporary license issued under section 124B shall not
1096	1096	1070purchase, rent or lease a firearm or ammunition in the commonwealth without a valid permit to
1097	1097	1071purchase issued under this section. A person with a temporary license issued under section 124B,
1098	1098	1072shall apply to the colonel of the state police or their designee for a permit to purchase, rent or
1099	1099	1073lease a firearm or ammunition therefor which may be granted if it appears that such purchase,
1100	1100	1074rental or lease is not for an unlawful purpose. A permit to purchase shall be valid for not more
1101	1101	1075than 10 days after issue and may be revoked at will. 52 of 125
1102	1102	1076 (b) Whoever knowingly issues a permit in violation of this section shall be punished by a
1103	1103	1077fine of not less than $500 nor more than $1,000 and by imprisonment for not less than 6 months
1104	1104	1078nor more than 2 years in the house of correction.
1105	1105	1079 Section 124D. Sections 126, 128A and 129 shall not apply to stun guns. The secretary of
1106	1106	1080public safety and security shall promulgate regulations restricting access or use of stun guns by
1107	1107	1081non-licensed persons and establishing minimum safety and quality standards, safe storage
1108	1108	1082requirements, education and safety training requirements and law enforcement training on the
1109	1109	1083appropriate use of stun guns, which shall require that any stun gun purchased or used by a law
1110	1110	1084enforcement or public safety official include a mechanism for tracking the number of times the
1111	1111	1085stun gun has been fired.
1112	1112	1086 Section 124E. (a) No person under 18 years of age may purchase or possess self-defense
1113	1113	1087spray without a self-defense spray permit issued by a licensing authority. This permit shall be
1114	1114	1088valid to purchase and possess self-defense spray, including all chemical mace, pepper spray or
1115	1115	1089other similarly propelled liquid, gas or powder designed to temporarily incapacitate.
1116	1116	1090 (b) A local licensing authority may issue to a person at least 15 years of age but less than
1117	1117	109118 years a self-defense spray permit if the person is not a prohibited person or unsuitable under
1118	1118	1092section 123. A self-defense spray permit shall be issued for the sole purpose of purchasing and
1119	1119	1093possessing self-defense spray and shall clearly state that it is valid for such limited purpose only.
1120	1120	1094This permit may be issued to a person under the age of 15 if the applicant submits with their
1121	1121	1095application a certificate from the applicant’s parent or guardian granting permission to apply for
1122	1122	1096this permit. 53 of 125
1123	1123	1097 (c) Whoever, not being licensed as provided in section 125, sells self-defense spray shall
1124	1124	1098be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for
1125	1125	1099not more than 2 years. Whoever licensed under section 125, sells self-defense spray to a person
1126	1126	1100younger than 18 years of age who does not have a self-defense spray permit, shall be punished
1127	1127	1101by a fine of not more than $300.
1128	1128	1102 (d) A person under 18 years of age who purchases or possesses self-defense spray and
1129	1129	1103who does not have a self-defense spray permit shall be punished by a fine of not more than $300.
1130	1130	1104 (e) A self-defense spray permit shall be valid for a period of 3 years and shall expire on
1131	1131	1105the anniversary of the permit holder’s date of birth occurring not less than 3 years nor more than
1132	1132	11064 years from the date of issue. Any permit issued to an applicant born on February 29 shall
1133	1133	1107expire on March 1.
1134	1134	1108 SECTION 46. Said chapter 140 is hereby further amended by striking out section 125, as
1135	1135	1109so appearing, and inserting in place thereof the following 4 sections:-
1136	1136	1110 Section 125. (a) A licensing authority may grant a license to sell, rent, lease, purchase or
1137	1137	1111otherwise transfer firearms and ammunition therefor, or to be in business as a gunsmith, to any
1138	1138	1112person 21 years of age or older who is neither a prohibited person nor deemed unsuitable to be
1139	1139	1113issued said license pursuant to section 123 and who completes the online dealer training classes
1140	1140	1114mandated under subsection (b) of section 126A.
1141	1141	1115 (b) Licensees shall maintain a business premise that is not a residential dwelling wherein
1142	1142	1116all transactions shall be conducted and wherein all records shall be kept. A license to sell shall
1143	1143	1117not entitle the holder thereof to possess or carry any firearm or ammunition outside of the
1144	1144	1118licensed business premises. A license to sell shall not authorize a licensee to carry a firearm at 54 of 125
1145	1145	1119any place outside their licensed place of business. The licensee may request a transfer of a
1146	1146	1120license to sell from 1 location to another within the city or town of the licensing authority’s
1147	1147	1121jurisdiction and such request shall be granted at the discretion of the licensing authority, upon the
1148	1148	1122same terms and conditions upon which the license was originally granted. A license to sell may
1149	1149	1123not be transferred to any other person or entity.
1150	1150	1124 (c) Licensees shall display their license to sell or a copy thereof, certified by the licensing
1151	1151	1125authority, in a position where it can be easily read; provided, however, that no firearm shall be
1152	1152	1126displayed in any outer window of the business premises or in any other place where it can be
1153	1153	1127readily seen from outside the business premises.
1154	1154	1128 (d) Licensees shall conspicuously post and distribute at each purchase counter a notice
1155	1155	1129providing information on: (i) safe transportation and storage of firearms developed and provided
1156	1156	1130by the department of criminal justice information services who shall develop and maintain on its
1157	1157	1131website for download a sign providing such information; and (ii) suicide prevention developed
1158	1158	1132and provided by the division on violence and injury prevention within the department of public
1159	1159	1133health who shall develop and make available on its website for download a sign providing the
1160	1160	1134information on suicide prevention.
1161	1161	1135 (e) A license to sell firearms shall expire 3 years from the date of issuance.
1162	1162	1136 Section 125A. (a) As used in this section “licensee” shall mean a person with a license to
1163	1163	1137sell under section 125.
1164	1164	1138 (b) Prior to any transfer a licensee shall verify the status of any license, permit or
1165	1165	1139exemption documentation including a verification that the person presenting the license, permit
1166	1166	1140or documentation is the lawful holder thereof. No transfer of any firearm or ammunition shall be 55 of 125
1167	1167	1141made to any person not in possession of the required license, permit or exemption documentation
1168	1168	1142at the time of the transaction.
1169	1169	1143 (c) Upon being presented with an expired, suspended or revoked license or permit a
1170	1170	1144licensee shall:
1171	1171	1145 (i) immediately report all firearm transfers and transactions to the department of criminal
1172	1172	1146justice information services using its electronic firearms registration system, including, but not
1173	1173	1147limited to, all information recorded pursuant to subsection (d);
1174	1174	1148 (ii) take possession of such card or license and immediately forward the same to the
1175	1175	1149licensing authority for the city or town where the licensee conducts business;
1176	1176	1150 (iii) issue the license or permit holder a receipt, in a form provided by the commissioner
1177	1177	1151of the department of criminal justice information services, which shall state that the holder’s
1178	1178	1152license or permit is expired, suspended or revoked, was taken by the licensee, and forwarded to
1179	1179	1153the licensing authority, and which shall be valid for 90 days for the purpose of providing
1180	1180	1154immunity from prosecution under section 10 of chapter 269; and
1181	1181	1155 (iv) notify the license or permit holder of their duty to surrender their firearms forthwith
1182	1182	1156to their local licensing authority under section 123D.
1183	1183	1157 The licensee shall be immune from civil and criminal liability for good faith compliance
1184	1184	1158with the provisions herein.
1185	1185	1159 (d) The licensee shall make and keep an on-site or electronic record of all firearm
1186	1186	1160transactions and said record shall be open at all times to the inspection of the police. Before 56 of 125
1187	1187	1161transfer or delivery of any sold, rented, leased or otherwise transferred firearm or ammunition, a
1188	1188	1162legible entry in the on-site or electronic record shall be made and kept specifying:
1189	1189	1163 (i) the complete description of the firearm and ammunition transferred, including the
1190	1190	1164make, serial number, type of firearm and designation as a large capacity firearm, if applicable;
1191	1191	1165 (ii) whether the firearm or ammunition has been sold, rented or leased and the date of
1192	1192	1166such transaction;
1193	1193	1167 (iii) the license or permit identification number of the person acquiring the firearm, or
1194	1194	1168ammunition along with their sex, residence address and occupation; and
1195	1195	1169 (iv) the purchaser, renter or lessee’s name as personally written by said person in the
1196	1196	1170sales record book and as confirmed by valid state or federal identification.
1197	1197	1171 (e) Licensees shall, immediately upon notice of any loss or theft of a firearm or
1198	1198	1172ammunition from the licensee or licensee’s business premises immediately report such loss or
1199	1199	1173theft to the department of criminal justice information services via the electronic firearms
1200	1200	1174registration system created pursuant to section 122.
1201	1201	1175 (f) A licensee may sell or transfer firearms, and ammunition at any regular meeting of an
1202	1202	1176incorporated collectors club or at a gun show open to the general public; provided, however, that
1203	1203	1177a licensee shall comply with all other provisions of this section and that such sale or transfer is in
1204	1204	1178conformity with both federal and state law and regulations.
1205	1205	1179 (g) No licensee shall fill an order for any firearm or ammunition received by mail,
1206	1206	1180facsimile, telephone, internet or other telecommunication unless such transaction includes the in-
1207	1207	1181person presentation of the required license, permit or documentation as required herein prior to 57 of 125
1208	1208	1182any sale, delivery or any form of transfer or possession. Transactions between federally licensed
1209	1209	1183dealers shall be exempt from this subsection.
1210	1210	1184 (h) Licensees shall ensure that all firearms and ammunition shall be unloaded when
1211	1211	1185delivered and that delivery shall be only made to a person properly licensed, permitted or
1212	1212	1186exempted to possess the firearms or ammunition included in the delivery.
1213	1213	1187 (i) Any licensee, and any employee or agent of such a licensee, who violates this section
1214	1214	1188shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment
1215	1215	1189for not less than 1 year nor more than 10 years, or by both such fine and imprisonment.
1216	1216	1190 (j) The department of state police shall enter the business premises of any licensee 1 time
1217	1217	1191per calendar year during regular business hours and shall make inquiries and inspect the
1218	1218	1192licensee’s records, inventory, policies and procedures for the purpose of enforcing the provisions
1219	1219	1193of this section. Licensees found to be in violation of this section shall be subject to the
1220	1220	1194suspension or revocation of their license to sell. The department of the state police shall
1221	1221	1195promulgate rules and regulations to effectuate the purposes of this subsection. Nothing herein
1222	1222	1196shall prohibit any other law enforcement agency from conducting such inspections pursuant to a
1223	1223	1197valid search warrant issued by a court of competent jurisdiction.
1224	1224	1198 Section 125B. (a) A lawfully incorporated sporting or shooting club shall, upon
1225	1225	1199application, be licensed by the colonel of the state police or their designee to sell or supply
1226	1226	1200ammunition for regulated shooting on their premises, such as for skeet, target or trap shooting;
1227	1227	1201provided, however, that such club license shall, on behalf of said club, be issued to and exercised
1228	1228	1202by an officer or duly authorized member of the club who themselves possess a license to carry
1229	1229	1203firearms and who would not be disqualified to receive a license to sell in their own right. This 58 of 125
1230	1230	1204license shall be subject to the same terms, conditions and qualifications of a license to sell issued
1231	1231	1205under section 125.
1232	1232	1206 (b) A club or facility, incorporated under the laws of the commonwealth, with an on-site
1233	1233	1207shooting range or gallery, may be licensed by the colonel of the state police, after an
1234	1234	1208investigation, for the possession, storage and use of large capacity firearms and ammunition
1235	1235	1209therefor for use on the premises of the club; provided, however that not less than 1 shareholder of
1236	1236	1210the club shall be qualified and suitable to be issued a license to carry under section 124; and
1237	1237	1211provided further, that such large capacity firearms may be used under the club license only by a
1238	1238	1212member that possesses a valid license to carry firearms issued pursuant to section 124, or by such
1239	1239	1213other person that the club permits while under the direct supervision of a certified firearms safety
1240	1240	1214instructor or club member who possesses a valid license to carry firearms.
1241	1241	1215 (c) The club shall:
1242	1242	1216 (i) not permit shooting at targets that depict human figures, human effigies, human
1243	1243	1217silhouettes or any human images thereof, except by public safety personnel performing in line
1244	1244	1218with their official duties;
1245	1245	1219 (ii) not allow the removal of any large capacity firearm from the premises except as
1246	1246	1220permitted by law in order to: (A) transfer to a licensed dealer; (B) transport to a licensed
1247	1247	1221gunsmith for repair; (C) transport to target, trap or skeet shoot on the premises of another club
1248	1248	1222incorporated under the laws of the commonwealth; (D) transport to attend an exhibition or
1249	1249	1223educational project or event that is sponsored by, conducted under the supervision of or approved
1250	1250	1224by a public law enforcement agency or a national or state recognized entity that promotes 59 of 125
1251	1251	1225proficiency in or education about semiautomatic weapons; (E) hunt pursuant to chapter 131; or
1252	1252	1226(F) surrender the firearm pursuant to section 121C;
1253	1253	1227 (iii) secure in a locked container and unload during any lawful transport all large capacity
1254	1254	1228firearms or feeding devices kept on the premises when not in use;
1255	1255	1229 (iv) annually file a report with the colonel of the state police and the commissioner of the
1256	1256	1230department of criminal justice information services listing all large capacity firearms and large
1257	1257	1231capacity feeding devices owned or possessed under the license; and
1258	1258	1232 (v) permit the colonel to inspect all firearms owned or possessed by the club upon request
1259	1259	1233during regular business hours.
1260	1260	1234 Section 125C. (a) No licensee under section 125 shall sell, rent, lease or otherwise
1261	1261	1235transfer any firearm described in this section except to a business entity that is primarily a
1262	1262	1236firearm wholesaler, and such transfer shall, by its terms, prohibit the purchaser from reselling
1263	1263	1237such firearm to a firearm retailer or consumer in the commonwealth. This section shall apply to:
1264	1264	1238 (i) a firearm that has a frame, barrel, cylinder, slide or breechblock that is composed of:
1265	1265	1239(A) any metal having a melting point of less than 900 degrees Fahrenheit; (B) any metal having
1266	1266	1240an ultimate tensile strength of less than 55,000 pounds per square inch; or (C) any powdered
1267	1267	1241metal having a density of less than 7.5 grams per cubic centimeter. This clause shall not apply to
1268	1268	1242any make and model of a firearm for which a sample of 3 firearms in new condition all pass the
1269	1269	1243following test: each of the 3 samples shall fire 600 rounds, stopping every 100 rounds to tighten
1270	1270	1244any loose screws and to clean the gun if required by the cleaning schedule in the user manual,
1271	1271	1245and as needed to refill the empty magazine or cylinder to capacity before continuing. For any
1272	1272	1246firearm that is loaded in a manner other than via a detachable magazine, the tester shall also 60 of 125
1273	1273	1247pause every 50 rounds for 10 minutes. The ammunition used shall be the type recommended by
1274	1274	1248the firearm manufacturer in its user manual or, if none is recommended, any standard of
1275	1275	1249ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the
1276	1276	1250first 20 rounds without a malfunction, fires the full 600 rounds with not more than 6
1277	1277	1251malfunctions and completes the test without any crack or breakage of an operating part of the
1278	1278	1252firearm that does not increase the danger of injury to the user. For purposes of this clause
1279	1279	1253“malfunction” shall mean any failure to feed, chamber, fire, extract or eject a round or any
1280	1280	1254failure to accept or eject a magazine or any other failure which prevents the firearm, without
1281	1281	1255manual intervention beyond that needed for routine firing and periodic reloading, from firing the
1282	1282	1256chambered round or moving a new round into position so that the firearm is capable of firing the
1283	1283	1257new round properly. “Malfunction” shall not include a misfire caused by a faulty cartridge the
1284	1284	1258primer of which fails to detonate when properly struck by the firearm’s firing mechanism;
1285	1285	1259 (ii) a firearm that is prone to accidental discharge which, for purposes of this clause, shall
1286	1286	1260mean any make and model of firearm for which a sample of 5 firearms in new condition all
1287	1287	1261undergo, and none discharge during, the following test: each of the 5 sample firearms shall be:
1288	1288	1262(A) test loaded; (B) set so that the firearm is in a condition such that pulling the trigger and
1289	1289	1263taking any action that shall simultaneously accompany the pulling of the trigger as part of the
1290	1290	1264firing procedure would fire the firearm; and (C) dropped onto a solid slab of concrete from a
1291	1291	1265height of 1 meter from each of the following positions: (1) normal firing position; (2) upside
1292	1292	1266down; (3) on grip; (4) on the muzzle; (5) on either side; and (6) on the exposed hammer or striker
1293	1293	1267or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is
1294	1294	1268designed so that its hammer or striker may be set in other positions, each sample firearm shall be
1295	1295	1269tested as above with the hammer or striker in each such position but otherwise in such condition 61 of 125
1296	1296	1270that pulling the trigger, and taking any action that shall simultaneously accompany the pulling of
1297	1297	1271the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may
1298	1298	1272use additional sample firearms of the same make and model, in a similar condition, for the test of
1299	1299	1273each of these hammer striker settings;
1300	1300	1274 (iii) a firearm that is prone to: (A) firing more than once per pull of trigger; or (B)
1301	1301	1275explosion during firing; and
1302	1302	1276 (iv) a firearm that has a barrel less than 3 inches in length, unless the licensee discloses in
1303	1303	1277writing, prior to the transaction, to the prospective buyer, lessee or transferee the limitations of
1304	1304	1278the accuracy of the particular make and model of the subject firearm, by disclosing the make and
1305	1305	1279model’s average group diameter test result at 7 yards, average group diameter test result at 14
1306	1306	1280yards and average group diameter test result at 21 yards. For purpose of this clause, “average
1307	1307	1281group diameter test result” shall mean the arithmetic mean of three separate trials, each
1308	1308	1282performed as follows on a different sample firearm in new condition of the make and model at
1309	1309	1283issue. Each firearm shall fire 5 rounds at a target from a set distance and the largest spread in
1310	1310	1284inches between the centers of any of the holes made in the test target shall be measured and
1311	1311	1285recorded. This procedure shall be repeated 2 more times on the firearm. The arithmetic mean of
1312	1312	1286each of the 3 recorded results shall be deemed the result of the trial for that particular sample
1313	1313	1287firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its
1314	1314	1288user manual, if none is recommended, any standard ammunition of the correct caliber in new
1315	1315	1289condition.
1316	1316	1290 (b) Subsection (a) shall not apply to: (i) a firearm lawfully owned or possessed under a
1317	1317	1291license issued under this chapter on or before October 21, 1998; (ii) a stun gun; or (iii) a firearm 62 of 125
1318	1318	1292designated by the secretary of public safety, with the advice of the firearm control advisory
1319	1319	1293board, established pursuant to section 128, as a firearm solely designed and sold for formal target
1320	1320	1294shooting competition or for Olympic shooting competition and listed on the rosters pursuant to
1321	1321	1295section 128A.
1322	1322	1296 (c) Any licensee and any employee or agent of such a licensee who violates this section
1323	1323	1297shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment
1324	1324	1298for not less than one year nor more than 10 years, or by both such fine and imprisonment.
1325	1325	1299 SECTION 47. Said chapter 140 is hereby further amended by striking out section 126, as
1326	1326	1300so appearing, and inserting in place thereof the following 4 sections:-
1327	1327	1301 Section 126. (a) Any person applying for the issuance of a license or permit under
1328	1328	1302sections 124 to 124B, inclusive, shall, in addition to the requirements set forth in this chapter,
1329	1329	1303submit to the licensing authority a basic firearms safety certificate; provided, however, that a
1330	1330	1304certificate issued under section 14 of chapter 131 evidencing satisfactory completion of a hunter
1331	1331	1305education course shall serve as a valid substitute for a basic firearms safety certificate required
1332	1332	1306under this section for the issuance of a long gun permit. Persons lawfully possessing a firearm
1333	1333	1307identification card or license to carry firearms on August 1, 2024, shall be exempt from this
1334	1334	1308section upon expiration of such card or license and when applying for renewal of such licensure
1335	1335	1309as required under this chapter. No application for the issuance of a long gun permit or license to
1336	1336	1310carry shall be accepted or processed by the licensing authority without such certificate attached
1337	1337	1311thereto; provided, however, that this section shall not apply to: (i) any officer, agent or employee
1338	1338	1312of the commonwealth or any state of the United States; (ii) any member of the military or other
1339	1339	1313service of any state or of the United States; (iii) any duly authorized law enforcement officer, 63 of 125
1340	1340	1314agent or employee of any municipality of the commonwealth; provided, however, that any such
1341	1341	1315person described in clauses (i) to (iii), inclusive, shall be authorized by a competent authority to
1342	1342	1316carry or possess the firearm so carried or possessed and shall be acting within the scope of their
1343	1343	1317duties.
1344	1344	1318 (b)(i) The colonel of state police, in consultation with the municipal police training
1345	1345	1319committee, shall promulgate rules and regulations governing the issuance and form of basic
1346	1346	1320firearms safety certificates required pursuant to this section, including minimum requirements for
1347	1347	1321course curriculum and the contents of any written examination. The colonel shall create a written
1348	1348	1322examination and establish minimum requirements to pass said examination which shall be used
1349	1349	1323in all firearm safety courses or programs mandated under this section.
1350	1350	1324 (ii) The colonel shall further certify certain persons as firearms safety instructors, certify
1351	1351	1325safety course curriculum and annually update and post on the department of state police’s
1352	1352	1326website a list of approved instructors. Certification as a firearm safety instructor shall be valid for
1353	1353	1327a period of 10 years, unless sooner revoked by reason of unsuitability, in the discretion of said
1354	1354	1328colonel. Firearms safety instructors shall be any person certified by a nationally recognized
1355	1355	1329organization that fosters safety in firearms, or any other person in the discretion of said colonel,
1356	1356	1330to be competent to give instruction in a basic firearms safety course. Applicants for certification
1357	1357	1331as instructors under this section shall not be exempt from the requirements of this chapter or any
1358	1358	1332other law or regulation of the commonwealth or the United States. Upon application to the
1359	1359	1333colonel of state police, said colonel may, in their discretion, certify as a firearms safety instructor
1360	1360	1334any person who operates a firearms safety course or program which provides in its curriculum:
1361	1361	1335(a) the safe use, handling and storage of firearms; (b) methods for securing and childproofing
1362	1362	1336firearms; (c) the applicable laws relating to the possession, transportation and storage of 64 of 125
1363	1363	1337firearms; (d) knowledge of operation, potential dangers and basic competency in the ownership
1364	1364	1338and use of firearms; (e) injury prevention and harm reduction education; (f) active shooter and
1365	1365	1339emergency response training; (g) applicable laws relating to the use of force; (h) de-escalation
1366	1366	1340and disengagement tactics; and (i) live firearms training.
1367	1367	1341 (iii) The department of state police may impose a fee of $50 for initial issuance of such
1368	1368	1342certification to offset the cost of certifying instructors. The fee for certification renewal shall be
1369	1369	1343$10.
1370	1370	1344 (c)(i) Any firearms safety instructor certified under this section may, in their discretion,
1371	1371	1345issue a basic firearms safety certificate to any person who successfully completes the
1372	1372	1346requirements of a basic firearms safety course approved by the colonel. No firearms safety
1373	1373	1347instructor shall issue or cause to be issued any basic firearms safety certificate to any person who
1374	1374	1348fails to meet minimum requirements of the prescribed course of study including, but not limited
1375	1375	1349to, demonstrated competency in the use of firearms through class participation, satisfactory
1376	1376	1350completion of the written examination as prescribed by the colonel and live firearms training.
1377	1377	1351 (ii) Firearms safety instructors certified under this section shall forward to the department
1378	1378	1352of criminal justice information services copies of basic firearms safety course certificates issued,
1379	1379	1353which shall include a certification of each person’s satisfactory completion of the basic firearms
1380	1380	1354safety course and competency in the ownership and use of firearms. Upon receipt, the
1381	1381	1355department of criminal justice information services shall forward a copy of such certificate to the
1382	1382	1356applicant.
1383	1383	1357 (iii) Licensing authorities shall require a copy of such certificate to be provided
1384	1384	1358concurrently with an application for a license or permit and may make inquiry to the department 65 of 125
1385	1385	1359of criminal justice information services to confirm the issuance to the applicant of a basic
1386	1386	1360firearms safety certificate.
1387	1387	1361 (d) Any person applying for issuance of a license or permit under sections 124 to 124B,
1388	1388	1362inclusive, who knowingly files or submits a basic firearms safety certificate to a licensing
1389	1389	1363authority which contains false information shall be punished by a fine of not less than $1,000 nor
1390	1390	1364more than $5,000 or by imprisonment for not more than 2 years in a house of correction, or by
1391	1391	1365both such fine and imprisonment.
1392	1392	1366 (e) Any firearms safety instructor who knowingly issues a basic firearms safety certificate
1393	1393	1367to a person who has not successfully completed a firearms safety course approved by the colonel
1394	1394	1368shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for
1395	1395	1369not more than 2 years in a house of correction, or by both such fine and imprisonment.
1396	1396	1370 (f) The colonel of state police shall produce and distribute public service announcements
1397	1397	1371to encourage and educate the general public about: (i) safe storage and transportation of weapons
1398	1398	1372as outlined in sections 126B and 126C; and (ii) the importance of firearms safety education and
1399	1399	1373training, including information on places and classes that a person may attend to obtain firearms
1400	1400	1374safety education and training.
1401	1401	1375 Section 126A. (a) Licensing authorities shall participate in training seminars as
1402	1402	1376prescribed by the executive office of public safety and security which shall include, but shall not
1403	1403	1377be limited to, instruction on: (i) current laws, regulations and rules relating to this chapter; (ii)
1404	1404	1378licensing responsibilities; (iii) record keeping obligations; (iv) firearm surrender, registration and
1405	1405	1379tracing; and (v) electronic database use. Regulations prescribed by the executive office of public
1406	1406	1380safety and security may include penalties for non-compliance which may include review by the 66 of 125
1407	1407	1381Massachusetts Peace Officers Standards and Training Commission, established in section 2 of
1408	1408	1382chapter 6E.
1409	1409	1383 (b) Any person making an application for the issuance of a license to sell or renewal
1410	1410	1384thereof under section 125 shall, in addition to the requirements set forth in this chapter, complete
1411	1411	1385a dealer training program developed and offered online by the executive office of public safety
1412	1412	1386and security. No application for the issuance of a license to sell shall be accepted or processed by
1413	1413	1387the licensing authority without a certification of program completion.
1414	1414	1388 (c) The curriculum for the training program pursuant to subsection (b) shall include: (i)
1415	1415	1389uniform standards of security for business premises; (ii) employee background check and
1416	1416	1390training requirements; and (iii) information on requirements and conditions contained in sections
1417	1417	1391122 to 130E, inclusive, and other laws the executive office, in its discretion, deems relevant.
1418	1418	1392 (d) The executive office of public safety and security shall promulgate rules and
1419	1419	1393regulations to implement this section.
1420	1420	1394 Section 126B. (a) No person shall possess a loaded firearm under a license or permit
1421	1421	1395issued under sections 124 to 124B, inclusive, or through an exemption under sections 127 or
1422	1422	1396127A, in a vehicle unless the firearm is under the direct control of the person. Whoever violates
1423	1423	1397this subsection shall be punished by a fine of $500.
1424	1424	1398 (b) No person shall possess a large capacity firearm or machine gun under a license or
1425	1425	1399permit issued under sections 124 to 124B, inclusive, or through an exemption under sections 127
1426	1426	1400or 127A, in a vehicle unless it is unloaded and secured in a locked container as defined in section
1427	1427	1401121. Whoever violates this subsection shall be punished by a fine of not less than $500 nor more
1428	1428	1402than $5,000. 67 of 125
1429	1429	1403 (c) This section shall not apply to: (i) an officer, agent or employee of the
1430	1430	1404commonwealth, any state or the United States; (ii) a member of the military or other service of
1431	1431	1405any state or of the United States; (iii) a duly authorized law enforcement officer, agent or
1432	1432	1406employee of a municipality of the commonwealth; provided, however, that a person described in
1433	1433	1407clauses (i) to (iii), inclusive, shall be authorized by a competent authority to carry or possess the
1434	1434	1408weapon so carried or possessed and shall be acting within the scope of the person's official
1435	1435	1409duties.
1436	1436	1410 (d) A conviction of a violation of this section shall be reported immediately by the court
1437	1437	1411or magistrate to the issuing licensing authority. The licensing authority shall immediately revoke
1438	1438	1412the license or permit of the person convicted of a violation of this section. No new license or
1439	1439	1413permit may be issued to a person convicted of a violation of this section until 1 year after the
1440	1440	1414date of revocation of the license or permit.
1441	1441	1415 Section 126C. (a) It shall be unlawful to store or keep any firearm in any place unless
1442	1442	1416such firearm is secured in a locked container or equipped with a tamper-resistant mechanical
1443	1443	1417lock or other safety device, properly engaged so as to render the firearm inoperable by any
1444	1444	1418person other than the owner or other lawfully authorized user. For purposes of this section, such
1445	1445	1419firearm shall not be deemed stored or kept if carried by or under the direct control of the owner
1446	1446	1420or other lawfully authorized user.
1447	1447	1421 (b) A violation of this section shall be punished, in the case of any firearm that is not a
1448	1448	1422large capacity firearm or a machine gun, by a fine of not less than $1,000 nor more than $7,500
1449	1449	1423or by imprisonment for not more than 1½ years or by both such fine and imprisonment and, in
1450	1450	1424the case of a large capacity firearm or machine gun, by a fine of not less than $2,000 nor more 68 of 125
1451	1451	1425than $15,000 or by imprisonment for not less than 1½ years nor more than 12 years or by both
1452	1452	1426such fine and imprisonment.
1453	1453	1427 (c) A violation of this section shall be punished, in the case of a common long gun that
1454	1454	1428was stored or kept in a place where a person younger than 18 years of age who does not possess
1455	1455	1429a valid long gun permit issued under section 124A may have access without committing an
1456	1456	1430unforeseeable trespass, by a fine of not less than $2,500 nor more than $15,000 or by
1457	1457	1431imprisonment for not less than 1½ years nor more than 12 years or by both such fine and
1458	1458	1432imprisonment.
1459	1459	1433 (d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a
1460	1460	1434large capacity firearm or a semiautomatic firearm, or any other firearm that was stored or kept in
1461	1461	1435a place where a person younger than 18 years of age may have access without committing an
1462	1462	1436unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by
1463	1463	1437imprisonment for not less than 4 years nor more than 15 years or by both such fine and
1464	1464	1438imprisonment.
1465	1465	1439 (e) A violation of this section shall be evidence of wanton or reckless conduct in any
1466	1466	1440criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a
1467	1467	1441foreseeable trespasser acquired access to a firearm, unless such person possessed a valid long
1468	1468	1442gun permit issued under section 124A and was permitted by law to possess such firearm, and
1469	1469	1443such access results in the personal injury to or the death of any person.
1470	1470	1444 SECTION 48. Said chapter 140 is hereby further amended by striking out section 127, as
1471	1471	1445so appearing, and inserting in place thereof the following 3 sections:- 69 of 125
1472	1472	1446 Section 127. (a) Possession of a firearm or ammunition for a particular purpose and
1473	1473	1447limited time without being duly licensed or permitted under sections 124 to 124B, inclusive,
1474	1474	1448shall be permitted by:
1475	1475	1449 (i) a person voluntarily surrendering the firearm or ammunition to a licensing authority
1476	1476	1450pursuant to section 123D or to the colonel of the state police pursuant to section 121C;
1477	1477	1451 (ii) a resident of the commonwealth returning after having been absent from the
1478	1478	1452commonwealth for not less than 180 consecutive days or any new resident moving to the
1479	1479	1453commonwealth, only with respect to any firearm or ammunition then in their possession prior to
1480	1480	1454moving or return, for 60 days after such return or entry into the commonwealth; or
1481	1481	1455 (iii) an heir or devisee upon the death of the legal owner of the firearm or ammunition for
1482	1482	1456not more than 60 days after said firearm or ammunition is transferred into their possession and
1483	1483	1457who shall also be permitted to sell or otherwise transfer said firearm or ammunition to a duly
1484	1484	1458licensed person within this time period pursuant to section 127B.
1485	1485	1459 (b) Possession of a firearm or ammunition while under direct supervision of an individual
1486	1486	1460licensed under section 124 to 124B, inclusive, and only for a particular purpose and limited time
1487	1487	1461without being duly licensed or permitted under said sections 124 to 124B, inclusive, is permitted
1488	1488	1462by:
1489	1489	1463 (i) a retail customer for the purpose of firing at duly licensed target concessions at
1490	1490	1464amusement parks, piers and similar locations; provided, that the firearms to be so used shall be
1491	1491	1465firmly chained or affixed to the counter and shall be under the direct supervision of a duly
1492	1492	1466licensed or permitted proprietor or employee thereof; 70 of 125
1493	1493	1467 (ii) a professional photographer or writer for examination purposes while in the pursuit of
1494	1494	1468their profession or during the course of any television, movie, stage or other similar theatrical
1495	1495	1469production; provided, however, that they are at all times under the immediate supervision of a
1496	1496	1470holder of a license to carry or, in the case of common long guns only, a long gun permit;
1497	1497	1471 (iii) a person within the course of any television, movie, stage or similar theatrical
1498	1498	1472production while under the immediate supervision of a person licensed to carry firearms and only
1499	1499	1473in regard to the possession of a firearm and blank ammunition; or
1500	1500	1474 (iv) a person in the presence of a holder of the necessary license or permit for the purpose
1501	1501	1475of examination, trial or instruction.
1502	1502	1476 (c) Common carriers and their duly authorized employees and agents, may possess non
1503	1503	1477large capacity firearms and ammunition therefor without being duly licensed or permitted under
1504	1504	1478said sections 124 to 124B, inclusive, while performing the regular and ordinary transport of
1505	1505	1479firearms as merchandise for customers duly licensed to permit such transport so long as they
1506	1506	1480abide by all storage and transportation requirements set forth in section 126B and 126C.
1507	1507	1481 (d) Notwithstanding section 130E, banks or institutional lenders and their duly authorized
1508	1508	1482employees and agents, may possess and transfer non large capacity firearms and ammunition
1509	1509	1483therefor as collateral for a secured commercial transaction or as a result of a default thereof
1510	1510	1484without being duly licensed or permitted under said sections 124 to 124B, inclusive.
1511	1511	1485 (e) Other organizations and their duly authorized employees and agents, may purchase,
1512	1512	1486transfer and possess non large capacity firearms and ammunition therefor for a particular purpose
1513	1513	1487and limited time without being duly licensed or permitted under this chapter if they are: 71 of 125
1514	1514	1488 (i) a federally licensed firearms manufacturer or wholesale dealer or their employees or
1515	1515	1489agents may possess firearms and ammunition therefor when their possession is necessary for
1516	1516	1490manufacture, display, storage, transport, installation, inspection, or testing;
1517	1517	1491 (ii) federal, state and local historical societies, museums, and institutional collections
1518	1518	1492open to the public may possess firearms and ammunition therefor; provided, that such firearms
1519	1519	1493shall be unloaded and properly housed and secured from unauthorized handling and further
1520	1520	1494provided that the requirements for sales in section 127B are met; or
1521	1521	1495 (iii) a veteran’s organization chartered by the congress of the United States, chartered by
1522	1522	1496the commonwealth or recognized as a nonprofit tax-exempt organization by the internal revenue
1523	1523	1497service and its members may possess firearms and ammunition; provided, however, that
1524	1524	1498members may only possess unloaded large capacity rifles or unloaded large capacity shotguns or
1525	1525	1499large capacity rifles or large capacity shotguns that are loaded with blank cartridges and which
1526	1526	1500contain no projectile within the blank or the bore or chamber; and provided further, that all
1527	1527	1501possession by members of veteran’s organizations shall be limited to official parade duty or
1528	1528	1502ceremonial occasions.
1529	1529	1503 (f) A person in the military or other service of any state or of the United States, and
1530	1530	1504police officers and other peace officers of any jurisdiction, may purchase, sell, or otherwise
1531	1531	1505transfer and possess non-large capacity firearms and ammunition therefor without being duly
1532	1532	1506licensed or permitted under this chapter while in the performance of their official duty or when
1533	1533	1507duly authorized to possess them by their employing agency; provided, that the requirements for
1534	1534	1508sales in section 127B are met. Upon purchase, a person exempted under this subsection shall
1535	1535	1509submit to the seller full and clear proof of identification, including shield number, serial number, 72 of 125
1536	1536	1510military or governmental order or authorization, military or other official identification, as
1537	1537	1511applicable.
1538	1538	1512 (g) A person may furnish a minor under the age of 18 with a firearm for hunting,
1539	1539	1513instruction, recreation and participation in shooting sports provided that the person holds the
1540	1540	1514appropriate license or permit, or a duly commissioned officer, noncommissioned officer or
1541	1541	1515enlisted member of the United States army, navy, marine corps, air force or coast guard, or the
1542	1542	1516national guard or military service of the commonwealth or reserve components thereof, while in
1543	1543	1517performance of their duty.
1544	1544	1518 (h) No license or permit under this chapter shall be required for a legal resident of the
1545	1545	1519commonwealth over the age of 18 to carry or possess:
1546	1546	1520 (i) a firearm known as a detonator and commonly used on vehicles as a signaling and
1547	1547	1521marking device and only when carried or possessed for such purposes; or
1548	1548	1522 (ii) any device used exclusively for signaling or distress use and required or
1549	1549	1523recommended by the United States Coast Guard or the Interstate Commerce Commission, or for
1550	1550	1524the firing of stud cartridges, explosive rivets or similar industrial ammunition.
1551	1551	1525 (i) Nothing in this section shall supersede the firearm registration and serialization
1552	1552	1526requirements pursuant to sections 122 and 122A.
1553	1553	1527 Section 127A. (a) A nonresident who is at least 18 years of age may possess common
1554	1554	1528long guns and ammunition therefor pursuant to subsection (b) if the nonresident has a permit or
1555	1555	1529license issued from their state of residence which has substantially similar requirements to those 73 of 125
1556	1556	1530of the commonwealth for a long gun permit as determined by the colonel of the state police
1557	1557	1531pursuant to subsection (f).
1558	1558	1532 (b) A nonresident who is at least 18 years of age may possess common long guns and
1559	1559	1533ammunition therefor: (i) to hunt during hunting season with a nonresident hunting license or a
1560	1560	1534hunting license or permit lawfully issued from their state of residence which has substantially
1561	1561	1535similar requirements to those in section 11 of chapter 131, as determined by the colonel of the
1562	1562	1536state police pursuant to subsection (f); (ii) while on a firing or shooting range; (iii) while
1563	1563	1537traveling in or through the commonwealth; provided, that the common long guns shall be
1564	1564	1538unloaded and secured in a locked container pursuant to sections 126B and 126C; or (iv) while at
1565	1565	1539a firearm showing or display organized by a regularly existing gun collectors’ club or
1566	1566	1540association.
1567	1567	1541 (c) A nonresident who is at least 18 years of age may possess a pistol or revolver in or
1568	1568	1542through the commonwealth for the purpose of taking part in a pistol or revolver competition or
1569	1569	1543attending any meeting or exhibition of any organized group of firearm collectors or for the
1570	1570	1544purpose of hunting; provided, that such person has a permit or license to carry firearms issued
1571	1571	1545from their state of residence which has substantially similar requirements to those of the
1572	1572	1546commonwealth for a license to carry as determined by the colonel of the state police pursuant to
1573	1573	1547subsection (f); provided, however, that in the case of a person traveling in or through the
1574	1574	1548commonwealth for the purpose of hunting, they shall also have on their person a hunting or
1575	1575	1549sporting license issued by the commonwealth or by their destination state.
1576	1576	1550 (d) A nonresident may carry a firearm on their person while in a vehicle lawfully
1577	1577	1551traveling through the commonwealth; provided, however, that the firearm shall remain in the 74 of 125
1578	1578	1552vehicle and if the firearm is outside its owner’s direct control it shall be stored in the vehicle in
1579	1579	1553accordance with section 126C.
1580	1580	1554 (e) Police officers and other peace officers of any state, territory or jurisdiction within the
1581	1581	1555United States duly authorized to possess firearms by the laws thereof shall, for the purposes of
1582	1582	1556this section, be deemed to have a license to carry a firearm that is not an assault-style firearm
1583	1583	1557prohibited pursuant to section 128B.
1584	1584	1558 (f) The colonel of the state police shall determine those states with substantially similar
1585	1585	1559requirements to those of the commonwealth for a license to carry under section 124, long gun
1586	1586	1560permit under section 124A or hunting license under section 11 of chapter 131, and shall annually
1587	1587	1561publish a list of those states.
1588	1588	1562 Section 127B. (a) A person with a license to carry under section 124 may sell or transfer
1589	1589	1563firearms and ammunition and a person with a long gun permit under section 124A may sell or
1590	1590	1564transfer common long guns and ammunition to: (i) a person with a license to sell issued under
1591	1591	1565section 125; (ii) a federally licensed firearms dealer; or (iii) a federal, state or local historical
1592	1592	1566society, museum or institutional collection open to the public, without an annual limit on
1593	1593	1567transfers.
1594	1594	1568 (b) A person with a license to carry under section 124 may sell or transfer firearms and
1595	1595	1569ammunition therefor and a person with a long gun permit under section 124A may sell or transfer
1596	1596	1570common long guns and ammunition to the following; provided, however, that no more than 4
1597	1597	1571firearm transfers shall occur per calendar year:
1598	1598	1572 (i) a person with a license to carry under section 124; 75 of 125
1599	1599	1573 (ii) an exempted person if permitted under section 127 or 127A; and
1600	1600	1574 (iii) a person with a long gun permit under section 124A; provided, however, that for
1601	1601	1575transfers and purchases of firearms that are not common long guns, the transferee shall also have
1602	1602	1576a valid permit to purchase under section 124C.
1603	1603	1577 (c) An heir or devisee upon the death of a firearm owner, a person in the military, police
1604	1604	1578officers and other peace officers, a veteran’s organization and historical society, museums and
1605	1605	1579institutional collections open to the public may:
1606	1606	1580 (i) sell or transfer firearms and ammunition therefor, to a federally licensed firearms
1607	1607	1581dealer, or a federal, state or local historical society, museum or institutional collection open to
1608	1608	1582the public; and
1609	1609	1583 (ii) sell or transfer no more than 4 firearms and ammunition therefor per calendar year to:
1610	1610	1584(A) a person with a license to carry under section 124; (B) an exempted person under section 127
1611	1611	1585or 127A; or (C) to a person with a long gun permit under section 124A; provided, however, that
1612	1612	1586for transfers and purchases of firearms that are not common long guns, the transferee shall have a
1613	1613	1587valid permit to purchase under section 124C.
1614	1614	1588 (d) A person with a license to carry under section 124 may purchase or transfer firearms
1615	1615	1589and ammunition therefor from a dealer licensed under section 125 or a person permitted to sell
1616	1616	1590under this section.
1617	1617	1591 (e) A person with a long gun permit under section 124A who is over 18 years of age may
1618	1618	1592purchase or transfer common long guns and ammunition therefor from a dealer licensed under
1619	1619	1593section 125 or a person permitted to sell under this section. 76 of 125
1620	1620	1594 (f) The holder of a permit to purchase under section 124C may purchase or transfer
1621	1621	1595firearms and ammunition from a dealer licensed under section 125; provided, however that the
1622	1622	1596permit-holder also holds a license under section 124B.
1623	1623	1597 (g) A bona fide collector of firearms may purchase a firearm that was not previously
1624	1624	1598owned or registered in the commonwealth from a dealer licensed under section 125 if it is a curio
1625	1625	1599or relic firearm.
1626	1626	1600 (h) All purchases, sales or transfers of a firearm permitted under this section shall, prior
1627	1627	1601to or at the point of sale, be conducted through the electronic firearms registration system
1628	1628	1602pursuant to section 122. The department of criminal justice information services shall require
1629	1629	1603each person selling or transferring a firearm pursuant to this section to electronically provide,
1630	1630	1604through the electronic firearms registration system, such information as is determined to be
1631	1631	1605necessary to verify the identification of the seller and purchaser and ensure that the sale or
1632	1632	1606transfer complies with this section. Upon submission of the required information, the electronic
1633	1633	1607firearms registration system shall automatically review such information and display a message
1634	1634	1608indicating whether the seller may proceed with the sale or transfer and shall provide any further
1635	1635	1609instructions for the seller as determined to be necessary by the department of criminal justice
1636	1636	1610information services. The electronic firearms registration system shall keep a record of any sale
1637	1637	1611or transfer conducted pursuant to this section and shall provide the seller and purchaser with
1638	1638	1612verification of such sale or transfer.
1639	1639	1613 SECTION 49. Said chapter 140 is hereby further amended by striking out section 128, as
1640	1640	1614so appearing, and inserting in place thereof the following section:- 77 of 125
1641	1641	1615 Section 128. (a) There shall be a firearm control advisory board, within the executive
1642	1642	1616office of public safety and security, hereinafter referred to as the board, comprised of 7 members:
1643	1643	1617the director of the firearms record bureau within the department of criminal justice information
1644	1644	1618services or designee, who shall serve as chair; the attorney general or designee; 1 member
1645	1645	1619appointed by the speaker of the house of representatives; 1 member appointed by the president of
1646	1646	1620the senate; 2 members appointed by the governor, 1 of whom shall be a member of the Gun
1647	1647	1621Owners Action League, Inc. and 1 of whom shall be a police chief selected from a list of four
1648	1648	1622chiefs provided by the Massachusetts Chiefs of Police Association Incorporated; and the armorer
1649	1649	1623of the department of state police or designee.
1650	1650	1624 (b) The board shall advise the executive office of public safety and security on matters
1651	1651	1625relating to the firearm control provisions of this chapter, including, but not limited to, consulting
1652	1652	1626with the executive office of public safety and security on the development of the firearm rosters
1653	1653	1627outlined in section 128A. The board shall also advise the executive office of public safety and
1654	1654	1628security on training needs and materials for licensing authorities and licensees. The board
1655	1655	1629members shall serve without compensation; provided, however, that members shall be
1656	1656	1630reimbursed for any usual and customary expenses incurred in the performance of their duties.
1657	1657	1631The executive office of public safety and security, in consultation with the board, shall adopt
1658	1658	1632operating rules and procedures for its organization and activities.
1659	1659	1633 SECTION 50. Said chapter 140 is hereby further amended by striking out section 128A,
1660	1660	1634as so appearing, and inserting in place thereof the following section:-
1661	1661	1635 Section 128A. (a) The secretary of public safety and security shall, with the advice of the
1662	1662	1636firearm control advisory board established in section 128, compile and publish a roster of 78 of 125
1663	1663	1637assault-style firearms banned under section 128B and a roster of firearms approved for sale and
1664	1664	1638use in the commonwealth using the parameters set forth in section 125C. The secretary shall, not
1665	1665	1639less than 3 times annually, review, update, and publish the rosters online, and send a copy to all
1666	1666	1640persons licensed in the commonwealth pursuant to section 125. Licensing authorities shall
1667	1667	1641provide information on these rosters to all permit holders and licensees upon initial issuance and
1668	1668	1642every renewal.
1669	1669	1643 (b) The secretary, with the advice of the firearm control advisory board, shall also
1670	1670	1644compile and publish a roster of firearms solely designed and sold for formal target shooting
1671	1671	1645competitions or Olympic shooting competitions. The board shall, not less than biannually,
1672	1672	1646review, update and publish these rosters and make them available for distribution.
1673	1673	1647 (c) The secretary may amend any roster upon their own initiative. A person may petition
1674	1674	1648the secretary to place a firearm on, or remove a firearm from, the roster, subject to the provisions
1675	1675	1649of this section. A petition to amend a roster shall be submitted in writing to the secretary, in the
1676	1676	1650form and manner prescribed by the secretary, and include reasons why the roster should be
1677	1677	1651amended. Upon receipt of a petition to amend a roster, the secretary shall, within 45 days, either
1678	1678	1652notify the petitioner that the petition is denied or modify the roster. An addition to the roster shall
1679	1679	1653be effective on the date it is published online by the board.
1680	1680	1654 SECTION 51. Said chapter 140 is hereby further amended by striking out section 128B,
1681	1681	1655as so appearing, and inserting in place thereof the following 2 sections:-
1682	1682	1656 Section 128B. (a) No person shall possess, own, offer for sale, sell or otherwise transfer
1683	1683	1657in the commonwealth or import into the commonwealth an assault-style firearm, or a large
1684	1684	1658capacity feeding device. 79 of 125
1685	1685	1659 (b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the
1686	1686	1660commonwealth on August 1, 2024 by an owner in possession of a license to carry issued under
1687	1687	1661section 124 or by a holder of a license to sell under section 125; provided, that the assault-style
1688	1688	1662firearm shall be registered in accordance with section 122 and serialized in accordance with
1689	1689	1663section 122A.
1690	1690	1664 (c) Subsection (a) shall not apply to large capacity feeding devices lawfully possessed on
1691	1691	1665September 13, 1994 only if such possession is: (i) on private property owned or legally
1692	1692	1666controlled by the person in possession of the large capacity feeding device; (ii) on private
1693	1693	1667property that is not open to the public with the express permission of the property owner or the
1694	1694	1668property owner’s authorized agent; (iii) while on the premises of a licensed firearms dealer or
1695	1695	1669gunsmith for the purpose of lawful repair; (iv) at a licensed firing range or sports shooting
1696	1696	1670competition venue; or (v) while traveling to and from these locations; provided, that the large
1697	1697	1671capacity feeding device is stored unloaded and secured in a locked container in accordance with
1698	1698	1672sections 126B and 126C. A person authorized under this subsection to possess a large capacity
1699	1699	1673feeding device may only transfer the device to an heir or devisee, a person residing outside the
1700	1700	1674commonwealth, or a licensed dealer.
1701	1701	1675 (d) Whoever violates this section shall be punished, for a first offense, by a fine of not
1702	1702	1676less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more
1703	1703	1677than 10 years, or by both such fine and imprisonment, and for a second offense, by a fine of not
1704	1704	1678less than $5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more
1705	1705	1679than 15 years, or by both such fine and imprisonment. 80 of 125
1706	1706	1680 (e) This section shall not apply to transfer or possession by: (i) a qualified law
1707	1707	1681enforcement officer or a qualified retired law enforcement officer, as defined in the Law
1708	1708	1682Enforcement Officers Safety Act of 2004, 18 U.S.C. sections 926B and 926C, respectively, as
1709	1709	1683amended; (ii) a federal, state or local law enforcement agency; or (iii) a federally licensed
1710	1710	1684manufacturer solely for sale or transfer in another state or for export.
1711	1711	1685 Section 128C. No person shall knowingly possess, own, sell, offer for sale, transfer,
1712	1712	1686manufacture, assemble, repair or import any firearm capable of discharging a bullet or shot that
1713	1713	1687is a covert firearm, a deceptive firearm device or an undetectable firearm all as defined in section
1714	1714	1688121. Whoever violates this section shall be punished, for a first offense, by a fine of not less than
1715	1715	1689$1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10
1716	1716	1690years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than
1717	1717	1691$5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more than 15
1718	1718	1692years, or by both such fine and imprisonment.
1719	1719	1693 SECTION 52. Said chapter 140 is hereby further amended by striking out section 129, as
1720	1720	1694so appearing, and inserting in place thereof the following section:-
1721	1721	1695 Section 129. (a) For the purposes of this section, the term “safety device” shall mean a
1722	1722	1696device designed to prevent the discharge of such firearm by unauthorized users and approved by
1723	1723	1697the colonel of state police including, but not limited to, mechanical locks or devices designed to
1724	1724	1698recognize and authorize, or otherwise allow the firearm to be discharged only by its owner or
1725	1725	1699authorized user, by solenoid use-limitation devices, key activated or combination trigger or
1726	1726	1700handle locks, radio frequency tags, automated fingerprint identification systems or any other
1727	1727	1701biometric means, provided, that such device shall be commercially available. 81 of 125
1728	1728	1702 (b) Any firearm sold within the commonwealth without a safety device shall be defective
1729	1729	1703and the sale of such a firearm shall constitute a breach of warranty under section 2–314 of
1730	1730	1704chapter 106 and an unfair or deceptive trade act or practice under section 2 of chapter 93A. Any
1731	1731	1705entity responsible for the manufacture, importation or sale as an inventory item or consumer
1732	1732	1706good, both as defined in section 9–102 of said chapter 106, of such a firearm that does not
1733	1733	1707include or incorporate such a safety device shall be individually and jointly liable to any person
1734	1734	1708who sustains personal injury or property damage resulting from the failure to include or
1735	1735	1709incorporate such a device. If death results from such personal injury, such entities shall be liable
1736	1736	1710in an amount including, but not limited to, that provided under chapter 229. Contributory or
1737	1737	1711comparative negligence shall not be valid defenses to an action brought under this section in
1738	1738	1712conjunction with said section 2 of said chapter 93A or section 2–314 of said chapter 106 or both;
1739	1739	1713provided, however, that nothing herein shall prohibit such liable parties from maintaining an
1740	1740	1714action for indemnification or contribution against each other or against the lawful owner or other
1741	1741	1715authorized user of said firearm. Any disclaimer, limit or waiver of the liability provided under
1742	1742	1716this section shall be void.
1743	1743	1717 (c) No entity responsible for the manufacture, importation or sale of such a firearm shall
1744	1744	1718be liable to any person for injuries caused by the discharge of such firearm that does not include
1745	1745	1719or incorporate a safety device as required under this section if such injuries were: (i) self-
1746	1746	1720inflicted, either intentionally or unintentionally, unless such injuries were self-inflicted by a
1747	1747	1721person less than 18 years of age; (ii) inflicted by the lawful owner or other authorized user of
1748	1748	1722said firearm; (iii) inflicted by any person in the lawful exercise of self-defense; or (iv) inflicted
1749	1749	1723upon a co-conspirator in the commission of a crime. 82 of 125
1750	1750	1724 (d) This section shall not apply to any firearm distributed to an officer of any law
1751	1751	1725enforcement agency or any member of the armed forces of the United States or the organized
1752	1752	1726militia of the commonwealth; provided, however, that such person shall be authorized to acquire,
1753	1753	1727possess or carry such a firearm for the lawful performance of his official duties; and provided
1754	1754	1728further, that any such firearm so distributed shall be distributed solely for use in connection with
1755	1755	1729such duties.
1756	1756	1730 SECTION 53. Said chapter 140 is hereby amended by striking out section 129B, as so
1757	1757	1731appearing, and inserting in place thereof the following section:-
1758	1758	1732 Section 129B. (a) Whoever, licensed under section 125, sells or furnishes a firearm or
1759	1759	1733ammunition to any person without a firearms license or permit shall have their license to sell
1760	1760	1734revoked and shall not be entitled to apply for such license for 10 years from the date of such
1761	1761	1735revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by
1762	1762	1736imprisonment in a state prison for not more than 10 years or house of correction for not more
1763	1763	1737than 2½ years or by both such fine and imprisonment; provided, however, that a valid permit to
1764	1764	1738purchase issued under section 124C may permit certain firearm transfers to persons over 18 years
1765	1765	1739of age.
1766	1766	1740 (b) Any person who, without being licensed under section 125 or exempt as provided
1767	1767	1741under this chapter, sells, rents, leases or otherwise transfers a firearm, or is engaged in business
1768	1768	1742as a gunsmith, shall be punished by a fine of not less than $1,000 nor more than $10,000, or by
1769	1769	1743imprisonment for not less than 1 year nor more than 10 years, or by both such fine and
1770	1770	1744imprisonment. 83 of 125
1771	1771	1745 (c) Whoever, not being licensed under section 125 or exempt as provided under this
1772	1772	1746chapter, sells ammunition within the commonwealth shall be punished by a fine of not less than
1773	1773	1747$500 nor more than $1,000 dollars or by imprisonment for not less than 6 months nor more than
1774	1774	17482 years.
1775	1775	1749 (d) A person who uses a license or permit under sections 124 to 124C, inclusive, to
1776	1776	1750purchase a firearm or ammunition for the unlawful use of another or for resale or transfer to an
1777	1777	1751unlicensed person shall be punished by a fine of not less than $1,000 nor more than $50,000 or
1778	1778	1752by imprisonment for not less than 2 ½ years nor more than 10 years in a state prison or by both
1779	1779	1753such fine and imprisonment. A conviction of this offense shall be immediately reported by the
1780	1780	1754court to the licensing authority that issued the license or permit. Said licensing authority shall
1781	1781	1755immediately revoke the license or permit pursuant to section 123C and no license or permit shall
1782	1782	1756be issued to a person so convicted within 2 years after the date of the revocation of the license or
1783	1783	1757permit.
1784	1784	1758 (e) Evidence that a person sold or attempted to sell a machine gun shall constitute prima
1785	1785	1759facie evidence that such person is engaged in the business of selling machine guns.
1786	1786	1760 SECTION 54. Sections 129C and 129D of said chapter 140 are hereby repealed.
1787	1787	1761 SECTION 55. Said chapter 140 is hereby further amended by striking out section 130, as
1788	1788	1762so appearing, and inserting in place thereof the following section:-
1789	1789	1763 Section 130. A certificate by a ballistics expert of the department of the state police or of
1790	1790	1764the city of Boston of the result of an examination made by the expert of an item furnished to the
1791	1791	1765expert by any police officer, signed and sworn to by such expert, shall be prima facie evidence of
1792	1792	1766the expert’s findings as to whether or not the item furnished is a firearm or ammunition; 84 of 125
1793	1793	1767provided, that in order to qualify as an expert under this section the expert shall have previously
1794	1794	1768qualified as an expert in a court proceeding.
1795	1795	1769 SECTION 56. Section 130½ of said chapter 140 is hereby repealed.
1796	1796	1770 SECTION 57. Said chapter 140 is hereby amended by striking out section 130B, as so
1797	1797	1771appearing, and inserting in place thereof the following 4 sections:-
1798	1798	1772 Section 130B. If there is exposed from, maintained in or permitted to remain on any
1799	1799	1773vehicle or premises any placard, sign or advertisement purporting or designed to announce that
1800	1800	1774firearms are kept in or upon such vehicle or premises or that an occupant of any vehicle or
1801	1801	1775premises is a gunsmith, it shall be prima facie evidence that firearms are kept in or upon such
1802	1802	1776vehicle or premises for sale or that the occupant is engaged in business as a gunsmith.
1803	1803	1777 Section 130C. Whoever falsely makes, alters, forges or counterfeits or procures or assists
1804	1804	1778another to falsely make, alter, forge or counterfeit any license or permit issued under sections
1805	1805	1779124 to 124C, inclusive, 124E, 125 or 125B or whoever forges or without authority uses the
1806	1806	1780signature, facsimile of the signature, or validating signature stamp of the licensing authority or its
1807	1807	1781designee, or whoever possesses, utters, publishes as true or in any way makes use of a falsely
1808	1808	1782made, altered, forged or counterfeited license or permit issued under sections 124 to 124C,
1809	1809	1783inclusive, 124E, 125 or 125B shall be punished by imprisonment in a state prison for not more
1810	1810	1784than 5 years or in a jail or house of correction for not more than 2 years, or by a fine of not less
1811	1811	1785than $500, or both such fine and imprisonment.
1812	1812	1786 Section 130D. Whoever in purchasing, renting or otherwise procuring a firearm or
1813	1813	1787ammunition in making application for any license or permit issued under section 124 to 124C,
1814	1814	1788inclusive, in connection therewith, or in requesting that work be done by a gunsmith, gives a 85 of 125
1815	1815	1789false or fictitious name or address or knowingly offers or gives false information concerning the
1816	1816	1790date or place of birth, citizenship or residency status, occupation or criminal record, shall for the
1817	1817	1791first offense be punished by a fine of not less than $500 nor more than $1,000, or by
1818	1818	1792imprisonment for not more than 1 year, or both; and for a second or subsequent offense, shall be
1819	1819	1793punished by imprisonment for not less than 2½ years nor more than 5 years in the state prison.
1820	1820	1794 Section 130E. Whoever loans money secured by mortgage, deposit or pledge of a firearm
1821	1821	1795shall be punished by a fine of not more than $500 or by imprisonment for not more than 1 year,
1822	1822	1796or by both; provided, however, that nothing herein shall prohibit a bank or other institutional
1823	1823	1797lender from loaning money secured by a mortgage, deposit, or pledge of a firearm to a
1824	1824	1798manufacturer, wholesaler, or dealer of firearms. Subsection (h) of section 125A shall not be
1825	1825	1799applicable to any such mortgage, deposit or pledge unless or until the lender takes possession of
1826	1826	1800the collateral upon default or the collateral is removed from the premises of the debtor.
1827	1827	1801 SECTION 58. Said chapter 140 is hereby further amended by striking out sections 131 to
1828	1828	1802131H, inclusive, as so appearing, and inserting in place thereof the following 8 sections:-
1829	1829	1803 Section 131. (a) A petitioner who believes that a person holding a license or permit under
1830	1830	1804section 124 to 124B, inclusive, may pose a risk of causing bodily injury to self or others may, on
1831	1831	1805a form furnished by the court and signed under the pains and penalties of perjury, file a petition
1832	1832	1806in court.
1833	1833	1807 (b) A petition filed pursuant to this section shall:
1834	1834	1808 (i) state any relevant facts supporting the petition; 86 of 125
1835	1835	1809 (ii) identify the reasons why the petitioner believes that the respondent poses a risk of
1836	1836	1810causing bodily injury to self or others by having in the respondent's control, ownership or
1837	1837	1811possession a firearm or ammunition;
1838	1838	1812 (iii) identify the number, types and locations of any firearms or ammunition the petitioner
1839	1839	1813believes to be in the respondent's current control, ownership or possession;
1840	1840	1814 (iv) identify whether there is an abuse prevention order pursuant to chapter 209A, a
1841	1841	1815harassment prevention order pursuant to chapter 258E or an order similar to an abuse prevention
1842	1842	1816or harassment prevention order issued by another jurisdiction in effect against the respondent;
1843	1843	1817and
1844	1844	1818 (v) identify whether there is a pending lawsuit, complaint, petition or other legal action
1845	1845	1819between the parties to the petition.
1846	1846	1820 (c) No fees for filing or service of process may be charged by a court or any public
1847	1847	1821agency to a petitioner filing a petition pursuant to this section.
1848	1848	1822 (d) The petitioner’s residential address, residential telephone number and workplace
1849	1849	1823name, address and telephone number, contained within the records of the court related to a
1850	1850	1824petition shall be confidential and withheld from public inspection, except by order of the court;
1851	1851	1825provided, however, that the petitioner's residential address and workplace address shall appear on
1852	1852	1826the court order and shall be accessible to the respondent and the respondent's attorney unless the
1853	1853	1827petitioner specifically requests, and the court orders, that this information be withheld from the
1854	1854	1828order. All confidential portions of the records shall be accessible at all reasonable times to the
1855	1855	1829petitioner and the petitioner's attorney, the licensing authority of the municipality where the
1856	1856	1830respondent resides and to law enforcement officers, if such access is necessary in the 87 of 125
1857	1857	1831performance of their official duties. Such confidential portions of the court records shall not be
1858	1858	1832deemed to be public records under clause Twenty-sixth of section 7 of chapter 4.
1859	1859	1833 (e) The court may order that any information in the petition or case record be impounded
1860	1860	1834in accordance with court rule.
1861	1861	1835 (f) Upon receipt of a petition under this section and if the petitioner is a family or
1862	1862	1836household member as defined in section 121, the clerk of the court shall provide to the petitioner
1863	1863	1837and respondent informational resources about: (i) crisis intervention; (ii) mental health; (iii)
1864	1864	1838substance use disorders; (iv) counseling services; and (v) the process to apply for a temporary
1865	1865	1839commitment under section 12 of chapter 123.
1866	1866	1840 Section 131A. (a) The court shall, within 10 days of receipt of a petition pursuant to
1867	1867	1841section 131, conduct a hearing on the petition. Upon receipt of the petition, the court shall issue a
1868	1868	1842summons with the date, time and location of the hearing. The court shall direct a law
1869	1869	1843enforcement officer to personally serve a copy of the petition and the summons on the
1870	1870	1844respondent or, if personal service by a law enforcement officer is not possible, the court may,
1871	1871	1845after a hearing, order that service be made by some other identified means reasonably calculated
1872	1872	1846to reach the respondent. Service shall be made not less than 7 days prior to the hearing.
1873	1873	1847 (b) Notwithstanding subsection (a), the court shall, within 2 days of receipt of a petition
1874	1874	1848made pursuant to section 131, conduct a hearing on the petition if the respondent files an
1875	1875	1849affidavit that a firearm or ammunition is required in the performance of the respondent's
1876	1876	1850employment.
1877	1877	1851 (c)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court finds by a
1878	1878	1852preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or 88 of 125
1879	1879	1853others by having in the respondent's control, ownership or possession a firearm or ammunition,
1880	1880	1854the court shall grant the petition. If the respondent does not appear at the hearing pursuant to
1881	1881	1855subsection (a) or subsection (b), the court shall grant the petition upon a determination that the
1882	1882	1856petitioner has demonstrated by a preponderance of the evidence that the respondent poses such a
1883	1883	1857risk.
1884	1884	1858 (2) Upon granting a petition, the court shall issue an extreme risk protection order and
1885	1885	1859shall order the respondent to surrender any licenses and permits under section 124 to 124B,
1886	1886	1860inclusive, and all firearms and ammunition that the respondent then controls, owns or possesses
1887	1887	1861to the licensing authority of the municipality where the respondent resides. The court shall enter
1888	1888	1862written findings as to the basis of its order within 24 hours of granting the order. The court may
1889	1889	1863modify, suspend or terminate its order at any subsequent time upon motion by either party;
1890	1890	1864provided, however, that due notice shall be given to the respondent and petitioner, and the court
1891	1891	1865shall hold a hearing on said motion. When the petitioner's address is confidential to the
1892	1892	1866respondent as provided in subsection (d) of section 131 and the respondent has filed a motion to
1893	1893	1867modify the court's order, the court shall be responsible for notifying the petitioner. In no event
1894	1894	1868shall the court disclose any such confidential address.
1895	1895	1869 (3) Not less than 30 calendar days prior to the expiration of an extreme risk protection
1896	1896	1870order, the court shall notify the petitioner at the best-known address of the scheduled expiration
1897	1897	1871of the order and that the petitioner may file a petition to renew the order pursuant to section 131.
1898	1898	1872 (d)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court has
1899	1899	1873probable cause to believe that the respondent has access to a firearm or ammunition, on their
1900	1900	1874person or in an identified place, and the respondent fails to surrender any firearms or ammunition 89 of 125
1901	1901	1875within 24 hours of being served pursuant to subsection (e), the court shall issue a warrant
1902	1902	1876identifying the property, naming or describing the person or place to be searched, and
1903	1903	1877commanding the appropriate law enforcement agency to search the person of the respondent and
1904	1904	1878any identified place and seize any firearm or ammunition found to which the respondent would
1905	1905	1879have access.
1906	1906	1880 (2) The court may issue additional warrants to seize firearms or ammunition if the court
1907	1907	1881determines there is probable cause to believe that the respondent has retained, acquired or gained
1908	1908	1882access to a firearm or ammunition while an order under this section remains in effect.
1909	1909	1883 (3) Upon executing a warrant issued pursuant to this subsection or section 131B, the law
1910	1910	1884enforcement agency conducting the search shall issue a receipt identifying any firearm or
1911	1911	1885ammunition seized. The law enforcement agency shall provide a copy of the receipt to the
1912	1912	1886respondent. The licensing authority shall then, within 48 hours of the search, return the warrant
1913	1913	1887to the court with the original receipt. If the law enforcement agency executing the warrant and
1914	1914	1888the licensing authority for the municipality where the respondent resides are different, the law
1915	1915	1889enforcement agency shall remit to the licensing authority a copy of the receipt along with any
1916	1916	1890seized items, and shall file with its warrant and receipt a certification signed by both the law
1917	1917	1891enforcement agency and the licensing authority that the seized items were delivered to and
1918	1918	1892accepted by the licensing authority. The licensing authority shall store the seized items with any
1919	1919	1893items surrendered in accordance with subsection (f).
1920	1920	1894 (e) Upon issuing an extreme risk protection order the clerk-magistrate of the court shall
1921	1921	1895transmit 2 certified copies of the order and 1 copy of the petition and summons forthwith to the
1922	1922	1896licensing authority of the municipality where the respondent resides which, unless otherwise 90 of 125
1923	1923	1897ordered by the court, shall immediately serve a copy of the order and petition upon the
1924	1924	1898respondent. If a warrant has been issued pursuant to subsection (d) or pursuant to subsection (b)
1925	1925	1899of section 131B, the court shall submit 2 certified copies of the warrant, 1 copy of the petition
1926	1926	1900and summons and 1 copy of the extreme risk protection order to the appropriate law enforcement
1927	1927	1901agency for execution. Licensing authorities and law enforcement agencies shall establish
1928	1928	1902adequate procedures to ensure that, when effecting service upon a respondent or executing a
1929	1929	1903warrant, a law enforcement officer shall, to the extent practicable: (i) fully inform the respondent
1930	1930	1904of the contents and terms of the order or warrant and the available penalties for any violation of
1931	1931	1905an order; and (ii) provide the respondent with informational resources, including, but not limited
1932	1932	1906to, a list of services relating to crisis intervention, mental health, substance use disorders and
1933	1933	1907counseling, and a list of interpreters, as necessary, located within or near the court's jurisdiction.
1934	1934	1908The chief justice of the trial court, in consultation with the executive office of public safety and
1935	1935	1909security, and the department of mental health, shall annually update the informational resource
1936	1936	1910guides required under this section.
1937	1937	1911 Each extreme risk protection order issued by the court shall contain the following
1938	1938	1912statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
1939	1939	1913 (f) Upon receipt of service of an extreme risk protection order, the licensing authority of
1940	1940	1914the municipality where the respondent resides shall immediately suspend the respondent's license
1941	1941	1915or permit under sections 124 to 124B, inclusive, and shall immediately notify the respondent of
1942	1942	1916said suspension.
1943	1943	1917 Upon receipt of service of an extreme risk protection order the respondent shall
1944	1944	1918immediately surrender their license or permit under sections 124 to 124B, inclusive, and all 91 of 125
1945	1945	1919firearms or ammunition in their control, ownership or possession to the local licensing authority
1946	1946	1920serving the order, in accordance with section 123D; provided, however, that nothing in this
1947	1947	1921section or in section 123D shall allow the respondent to: (i) transfer any firearms or ammunition
1948	1948	1922required to be surrendered, or surrendered, by the respondent to anyone other than a licensed
1949	1949	1923dealer; or (ii) maintain control, ownership or possession of any firearms or ammunition during
1950	1950	1924the pendency of any appeal of an extreme risk protection order; provided, however, that while
1951	1951	1925the surrender of ownership pursuant to an extreme risk protection order shall require the
1952	1952	1926immediate surrender of any firearms license or permit and all firearms or ammunition in the
1953	1953	1927respondent's control or possession, it shall not require the surrender of permanent ownership
1954	1954	1928rights; and provided further that, notwithstanding section 123D, if the licensing authority cannot
1955	1955	1929reasonably ascertain a lawful owner of firearms or ammunition surrendered pursuant to extreme
1956	1956	1930risk protection order within 180 days of the expiration or termination of the extreme risk
1957	1957	1931protection order, the licensing authority may, in its discretion, trade or dispose of surplus,
1958	1958	1932donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms
1959	1959	1933dealers and the proceeds of such sale or transfer shall be remitted or credited to the municipality
1960	1960	1934in which the licensing authority presides to be used for violence reduction or suicide prevention.
1961	1961	1935A violation of this subsection shall be punishable by a fine of not more than $5,000 or by
1962	1962	1936imprisonment for not more than 2 1/2 years in a house of correction or by both such fine and
1963	1963	1937imprisonment.
1964	1964	1938 (g) Upon receipt of a license or permit under section 124 to 124B, inclusive, and any
1965	1965	1939firearms or ammunition surrendered by a respondent pursuant to subsection (f) or seized
1966	1966	1940pursuant to subsection (d), the licensing authority taking possession of the license or permit and
1967	1967	1941firearms or ammunition shall issue a receipt identifying any license or permit and all firearms or 92 of 125
1968	1968	1942ammunition surrendered or seized and shall provide a copy of the receipt to the respondent. The
1969	1969	1943licensing authority shall, within 48 hours of the surrender or 48 hours of receipt after seizure, file
1970	1970	1944the receipt with the court.
1971	1971	1945 (h) If a person other than the respondent claims title to any firearms or ammunition
1972	1972	1946required to be surrendered, or seized pursuant to this section, and is determined by the licensing
1973	1973	1947authority to be the lawful owner of the firearms or ammunition, the firearms or ammunition shall
1974	1974	1948be returned to the person; provided, however, that: (i) the firearms or ammunition shall be
1975	1975	1949removed from the respondent’s control, ownership or possession and the lawful owner agrees to
1976	1976	1950store the firearms or ammunition in a manner such that the respondent does not have access to, or
1977	1977	1951control of, the firearms or ammunition; and (ii) the firearms or ammunition shall not be
1978	1978	1952otherwise unlawfully possessed by the owner. A violation of this subsection shall be punishable
1979	1979	1953by a fine of not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of
1980	1980	1954correction or by both such fine and imprisonment.
1981	1981	1955 (i) Upon the expiration or termination of an extreme risk protection order, a licensing
1982	1982	1956authority holding any firearms or ammunition that have been surrendered or seized pursuant to
1983	1983	1957this section shall return any license or permit under sections 124 to 124B, inclusive, and all
1984	1984	1958firearms or ammunition requested by a respondent only after the licensing authority of the
1985	1985	1959municipality in which the respondent resides confirms that the respondent is suitable for a
1986	1986	1960firearms license or permit and to control, own or possess firearms or ammunition under federal
1987	1987	1961and state law.
1988	1988	1962 Not less than 7 days prior to the expiration of an extreme risk protection order, a
1989	1989	1963licensing authority holding any firearms or ammunition that have been surrendered pursuant to 93 of 125
1990	1990	1964this section shall notify the petitioner of the expiration of the extreme risk protection order and
1991	1991	1965the return of a firearms license or permit and the return of any firearms or ammunition to the
1992	1992	1966respondent.
1993	1993	1967 As soon as reasonably practicable after receiving notice of the termination of an extreme
1994	1994	1968risk protection order by the court, a licensing authority holding any firearms or ammunition that
1995	1995	1969have been surrendered pursuant to this section shall notify the petitioner of the termination of the
1996	1996	1970extreme risk protection order and the return of a firearms license or permit and the return of any
1997	1997	1971firearms or ammunition to the respondent.
1998	1998	1972 (j) A respondent who has surrendered a license or permit under section 124 to 124B,
1999	1999	1973inclusive, and all firearms or ammunition to a licensing authority, or who had any firearms or
2000	2000	1974ammunition seized by a law enforcement agency, and who does not wish to have the firearms
2001	2001	1975license or permit or firearms or ammunition returned or who is no longer eligible to control, own
2002	2002	1976or possess firearms or ammunition pursuant to this chapter or federal law, may sell or transfer
2003	2003	1977title of the firearms or ammunition to a licensed firearms dealer, notwithstanding the limits on
2004	2004	1978private firearm transfers in section 127B; provided, however, that the respondent shall not take
2005	2005	1979physical possession of the firearms or ammunition. The licensing authority may transfer
2006	2006	1980possession of the firearms or ammunition to a licensed dealer upon the dealer providing the
2007	2007	1981licensing authority with written proof of the sale or transfer of title of the firearms or ammunition
2008	2008	1982from the respondent to the dealer.
2009	2009	1983 (k) If the licensing authority cannot reasonably ascertain the lawful owner of any firearms
2010	2010	1984or ammunition surrendered or seized pursuant to this section within 180 days of the expiration or 94 of 125
2011	2011	1985termination of the order to surrender the firearms or ammunition the licensing authority may
2012	2012	1986dispose of the firearms or ammunition pursuant to section 123D.
2013	2013	1987 Section 131B. (a)(1) Upon the filing of a petition pursuant to section 131, the court may
2014	2014	1988issue an emergency extreme risk protection order without notice to the respondent and prior to
2015	2015	1989the hearing required pursuant to subsection (a) of section 131A if the court finds reasonable
2016	2016	1990cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's
2017	2017	1991self or others by being in possession of a license or permit under section 124 to 124B, inclusive,
2018	2018	1992or having in the respondent's control, ownership or possession a firearm or ammunition.
2019	2019	1993 Upon issuance of an emergency extreme risk protection order pursuant to this section, the
2020	2020	1994clerk magistrate of the court shall notify the respondent pursuant to subsection (e) of section
2021	2021	1995131A. An order issued under this subsection shall expire 10 days after its issuance unless a
2022	2022	1996hearing is scheduled pursuant to subsection (a) or (b) of said section 131A or at the conclusion of
2023	2023	1997a hearing held pursuant to said subsection (a) or (b) of said section 131A unless a permanent
2024	2024	1998order is issued by the court pursuant to paragraph (2) of subsection (c) of said section 131A.
2025	2025	1999 (2) Upon receipt of service of an emergency extreme risk protection order pursuant to this
2026	2026	2000section, the respondent shall immediately surrender the respondent's license or permit under
2027	2027	2001section 124 to 124B, inclusive, and all firearms or ammunition to the licensing authority serving
2028	2028	2002the order as provided in subsection (f) of section 131A.
2029	2029	2003 (b)(1) If the court has probable cause to believe that the respondent has access to a
2030	2030	2004firearm or ammunition, on their person or in an identified place, and the respondent fails to
2031	2031	2005surrender any firearms or ammunition within 24 hours of being served pursuant to subsection (e)
2032	2032	2006of section 131A, the court shall issue a warrant identifying the property, naming or describing 95 of 125
2033	2033	2007the person or place to be searched, and commanding the appropriate law enforcement agency to
2034	2034	2008search the person of the respondent and any identified place and seize any firearm or ammunition
2035	2035	2009found to which the respondent would have access.
2036	2036	2010 (2) The law enforcement agency shall conduct its search and manage any seized property
2037	2037	2011pursuant to paragraph (3) of subsection (d) of section 131A.
2038	2038	2012 (c) When the court is closed for business, the court may grant an emergency extreme risk
2039	2039	2013protection order if the court finds reasonable cause to conclude that the respondent poses a risk
2040	2040	2014of causing bodily injury to the respondent's self or others by being in possession of a firearms
2041	2041	2015license or by having in the respondent's control, ownership or possession of a firearm or
2042	2042	2016ammunition, and shall issue a warrant pursuant to subsection (b) upon probable cause that the
2043	2043	2017respondent has access to a firearm or ammunition, on their person or in an identified place, and
2044	2044	2018the respondent fails to surrender any firearms or ammunition within 24 hours of being served
2045	2045	2019pursuant to subsection (e) of section 131A. In the discretion of the justice, such relief may be
2046	2046	2020granted and communicated by telephone to the licensing authority of the municipality where the
2047	2047	2021respondent resides, which shall record such order or warrant on a form of order or warrant
2048	2048	2022promulgated for such use by the chief justice of the trial court and shall deliver a copy of such
2049	2049	2023order or warrant on the next court business day to the clerk-magistrate of the court. If relief has
2050	2050	2024been granted without the filing of a petition pursuant to section 131, the petitioner shall appear in
2051	2051	2025court on the next available court business day to file a petition. An order or warrant issued under
2052	2052	2026this subsection shall expire at the conclusion of the next court business day after issuance unless
2053	2053	2027a petitioner has filed a petition with the court pursuant to section 131 and the court has issued an
2054	2054	2028emergency extreme risk protection order pursuant to subsection (a). 96 of 125
2055	2055	2029 Section 131C. On the same day that an extreme risk protection order is issued pursuant to
2056	2056	2030section 131A or section 131B, the clerk magistrate of the court shall forward a copy of the order
2057	2057	2031to: (i) the licensing authority; (ii) the commissioner of probation; (iii) the department of criminal
2058	2058	2032justice information services, which shall transmit the report, pursuant to paragraph (h) of section
2059	2059	2033167A of chapter 6, to the attorney general of the United States to be included in the National
2060	2060	2034Instant Criminal Background Check System; and (iv) any other federal or state computer-based
2061	2061	2035systems used by law enforcement or others to identify prohibited purchasers of firearms. Upon
2062	2062	2036the expiration or termination of an extreme risk protection order issued pursuant to section 131A
2063	2063	2037or section 131B, the clerk magistrate of the court shall notify: (i) the licensing authority; (ii) the
2064	2064	2038commissioner of probation; (iii) the department of criminal justice information services, which
2065	2065	2039shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the attorney
2066	2066	2040general of the United States to be included in the National Instant Criminal Background Check
2067	2067	2041System; and (iv) any other federal or state computer-based systems used by law enforcement or
2068	2068	2042others to identify prohibited purchasers of firearms that the order has been terminated or has
2069	2069	2043expired.
2070	2070	2044 Section 131E. A person who files a petition for an extreme risk protection order, knowing
2071	2071	2045the information in the petition to be materially false or with an intent to harass the respondent,
2072	2072	2046shall be punished by a fine of not less than $2,500 and not more than $5,000 or by imprisonment
2073	2073	2047for not more than 2½ years in the house of correction or by both such fine and imprisonment.
2074	2074	2048 Section 131F. The chief justice of the trial court, in consultation with the chief justice of
2075	2075	2049the district court and the chief justice of the Boston municipal court, shall promulgate rules,
2076	2076	2050regulations and policies and shall develop and prepare instructions, brochures, petitions, forms
2077	2077	2051and other material required for the administration and enforcement of sections 131 to 131H, 97 of 125
2078	2078	2052inclusive, which shall be in such form and language to permit a petitioner to prepare and file a
2079	2079	2053petition pro se.
2080	2080	2054 Section 131G. (a) Sections 131 to 131H, inclusive, shall not affect the ability of a law
2081	2081	2055enforcement officer to remove firearms or ammunition from any person or conduct any search
2082	2082	2056and seizure for firearms or ammunition pursuant to other lawful authority.
2083	2083	2057 (b) Nothing in sections 131 to 131H, inclusive, shall supersede or limit a licensing
2084	2084	2058authority’s ability to suspend or revoke a license or permit under section 124 to 124B, inclusive,
2085	2085	2059that the licensing authority has issued pursuant to other lawful authority.
2086	2086	2060 (c) Sections 131 to 131H, inclusive, shall not impose a duty to file a petition on any of the
2087	2087	2061following, nor shall the same be held criminally or civilly liable for failure to petition: (i) any
2088	2088	2062family or household member; (ii) a health care provider; provided, that for the purposes of this
2089	2089	2063section “health care provider” shall include a licensed physician, licensed physician assistant,
2090	2090	2064registered nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse
2091	2091	2065specialist, certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed
2092	2092	2066psychologist, licensed mental health counselor, licensed marriage and family therapist, licensed
2093	2093	2067alcohol and drug counselor, licensed independent clinical social worker, or licensed certified
2094	2094	2068social worker; (iii) a principal or assistant principal of an elementary school or secondary school,
2095	2095	2069or administrator of a college or university; or (iv) an employer.
2096	2096	2070 (d) Notwithstanding any general or special law or rule or regulation to the contrary, a
2097	2097	2071petitioner that is a health care provider may disclose protected health information of the
2098	2098	2072respondent; provided, however, that such disclosure shall be limited to only that information
2099	2099	2073which is necessary to file a petition or renewal of an extreme risk protection order. Any records 98 of 125
2100	2100	2074or documents relating to the diagnosis, prognosis, treatment, or other health information of the
2101	2101	2075respondent requested by the court shall be impounded in accordance with court rule.
2102	2102	2076 (e) The supreme judicial court and the appeals court shall have concurrent jurisdiction to
2103	2103	2077review any proceedings held, determinations made, and orders or judgments entered in the court
2104	2104	2078pursuant to section 131A or section 131B. The supreme judicial court or the appeals court,
2105	2105	2079subject to section 13 of chapter 211A may by rule vary the procedure authorized or required for
2106	2106	2080such review upon a finding that the review by the court will thereby be made more simple,
2107	2107	2081speedy and effective.
2108	2108	2082 Section 131H. The court shall annually, not later than December 31, issue a report on the
2109	2109	2083use of extreme risk protective orders. The report shall be submitted to the executive office of
2110	2110	2084public safety and security, the chairs of the joint committee on public safety and homeland
2111	2111	2085security, the chairs of the joint committee on the judiciary, the chairs of the joint committee on
2112	2112	2086mental health, substance use and recovery, and clerks of the senate and the house of
2113	2113	2087representatives. The report shall include, but shall not be limited to, the following information:
2114	2114	2088 (1) the number of extreme risk protective order petitions filed;
2115	2115	2089 (2) the number of extreme risk protective order petitions that lead to a respondent’s
2116	2116	2090surrender pursuant to section 131A;
2117	2117	2091 (3) the number of extreme risk protective order petitions that are heard but not granted;
2118	2118	2092 (4) the number of emergency extreme risk protective order petitions filed;
2119	2119	2093 (5) the number of emergency extreme risk protective order petitions that lead to a
2120	2120	2094respondent's surrender pursuant to 131B; 99 of 125
2121	2121	2095 (6) the number of emergency extreme risk protective order petitions that are heard but not
2122	2122	2096granted;
2123	2123	2097 (7) the number of warrants issued pursuant to subsection (d) of section 131A or section
2124	2124	2098131B;
2125	2125	2099 (8) the number of warrants issued pursuant to subsection (d) of section 131A or section
2126	2126	2100131B that lead to the seizure of firearms or ammunition;
2127	2127	2101 (9) a breakdown of the types of items surrendered, including but not limited to, firearms
2128	2128	2102license or permit, firearm, or ammunition;
2129	2129	2103 (10) a breakdown of the types of items seized, including, but not limited to, firearm or
2130	2130	2104ammunition;
2131	2131	2105 (11) the number of extreme risk protective order or emergency extreme risk protective
2132	2132	2106order petitions filed that are deemed to be fraudulent;
2133	2133	2107 (12) the number of instances in which a petition was found to be fraudulent and the
2134	2134	2108penalties received in each instance;
2135	2135	2109 (13) the race and ethnicity of the petitioner and respondent;
2136	2136	2110 (14) the gender and gender identity of the petitioner and respondent;
2137	2137	2111 (15) the data on the duration of extreme risk protection orders; and
2138	2138	2112 (16) the number of instances in which an order has been terminated or otherwise
2139	2139	2113modified prior to its original expiration date. 100 of 125
2140	2140	2114 SECTION 59. Sections 131I, 131J, 131K, 131L, 131M, 131N and 131O of said chapter
2141	2141	2115140 are hereby repealed.
2142	2142	2116 SECTION 60. Section 131P of said chapter 140 is hereby repealed.
2143	2143	2117 SECTION 61. Sections 131Q, 131R, 131S, 131T, 131U, 131V, 131W, 131X and 131Y
2144	2144	2118of said chapter 140 are hereby repealed.
2145	2145	2119 SECTION 62. Chapter 209A of the General Laws is hereby amended by striking out
2146	2146	2120sections 3B and 3C, as appearing in the 2022 Official Edition, and inserting in place thereof the
2147	2147	2121following 2 sections:-
2148	2148	2122 Section 3B. (a) Upon issuance of a temporary or emergency order under section 4 or 5,
2149	2149	2123the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of
2150	2150	2124abuse, order the immediate suspension and surrender of any license or permit issued pursuant to
2151	2151	2125sections 124 to 124C, inclusive, 124E or 125 of chapter 140 that the defendant may hold and
2152	2152	2126order the defendant to surrender all firearms and ammunition that they then control, own or
2153	2153	2127possess in accordance with this chapter and said chapter 140 and any firearms license or permit
2154	2154	2128that the defendant may hold shall be surrendered to the appropriate law enforcement officials in
2155	2155	2129accordance with this chapter and chapter 140 and, said law enforcement official may store,
2156	2156	2130transfer or otherwise dispose of any such firearms and ammunition in accordance section 123D
2157	2157	2131of chapter 140; provided, however, that nothing herein shall authorize the transfer of any
2158	2158	2132firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer.
2159	2159	2133Notice of such suspension and ordered surrender shall be appended to the copy of abuse
2160	2160	2134prevention order served on the defendant pursuant to section 7. Law enforcement officials, upon
2161	2161	2135the service of said orders, shall immediately take possession of all firearms and ammunition and 101 of 125
2162	2162	2136any firearms license or permit in the control, ownership, or possession of the defendant. Any
2163	2163	2137violation of such orders shall be punishable by a fine of not more than $5,000, or by
2164	2164	2138imprisonment for not more than 2 ½ years in a house of correction, or by both such fine and
2165	2165	2139imprisonment.
2166	2166	2140 (b) Any defendant aggrieved by an order of surrender or suspension as described in the
2167	2167	2141first sentence of subsection (a) may petition the court which issued such suspension or surrender
2168	2168	2142order for a review of such action and such petition shall be heard no later than 10 court business
2169	2169	2143days after the receipt of the notice of the petition by the court. If said firearms license or permit
2170	2170	2144has been suspended upon the issuance of an order issued pursuant to section 4 or 5, said petition
2171	2171	2145may be heard contemporaneously with the hearing specified in the second sentence of the second
2172	2172	2146paragraph of section 4. Upon the filing of an affidavit by the defendant that a firearm or
2173	2173	2147ammunition is required in the performance of the defendant's employment, and upon a request
2174	2174	2148for an expedited hearing, the court shall order said hearing within 2 business days of receipt of
2175	2175	2149such affidavit and request but only on the issue of surrender and suspension pursuant to this
2176	2176	2150section.
2177	2177	2151 Section 3C. Upon the continuation or modification of an order issued pursuant to section
2178	2178	21524 or upon petition for review as described in section 3B, the court shall also order or continue to
2179	2179	2153order the immediate suspension and surrender of a defendant's firearms license or permit and the
2180	2180	2154surrender of all firearms and ammunition that such defendant then controls, owns or possesses if
2181	2181	2155the court makes a determination that the return of such firearms license or permit or firearms or
2182	2182	2156ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order
2183	2183	2157issued pursuant to this section shall continue so long as the restraining order to which it relates is
2184	2184	2158in effect; and, any law enforcement official to whom such firearm or ammunition is surrendered 102 of 125
2185	2185	2159may store, transfer or otherwise dispose of any such firearm or ammunition in accordance with
2186	2186	2160section 123D of chapter 140; provided, however, that nothing herein shall authorize the transfer
2187	2187	2161of any firearms or ammunition surrendered by the defendant to anyone other than a licensed
2188	2188	2162dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by
2189	2189	2163imprisonment for not more than 2 ½ years in a house of correction or by both such fine and
2190	2190	2164imprisonment.
2191	2191	2165 SECTION 63. Chapter 258E of the General Laws is hereby amended by inserting after
2192	2192	2166section 4 the following 3 sections:-
2193	2193	2167 Section 4A. Upon issuance of a temporary or emergency order under section 5 or 6, the
2194	2194	2168court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of
2195	2195	2169harassment, order the immediate suspension and surrender of any firearms license or permit that
2196	2196	2170the defendant may hold and order the defendant to surrender all firearms and ammunition that
2197	2197	2171the defendant then controls, owns or possesses in accordance with this chapter, and chapter 140
2198	2198	2172and any firearms license or permit that the defendant may hold shall be surrendered to the
2199	2199	2173appropriate law enforcement officials in accordance with this chapter, and said chapter 140 and
2200	2200	2174said law enforcement official may store, transfer or otherwise dispose of any such firearms or
2201	2201	2175ammunition in accordance with section 123D of said chapter 140; provided, however, that
2202	2202	2176nothing herein shall authorize the transfer of any firearms and ammunition surrendered by the
2203	2203	2177defendant to anyone other than a licensed dealer. Notice of such suspension and ordered
2204	2204	2178surrender shall be appended to the copy of the harassment prevention order served on the
2205	2205	2179defendant pursuant to section 9. Law enforcement officials, upon the service of said orders, shall
2206	2206	2180immediately take possession of all firearms and ammunition, and any firearms license or permit
2207	2207	2181in the control, ownership, or possession of said defendant. Any violation of such orders shall be 103 of 125
2208	2208	2182punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½ years in
2209	2209	2183a house of correction, or by both such fine and imprisonment.
2210	2210	2184 Any defendant aggrieved by an order of surrender or suspension as described in the first
2211	2211	2185sentence of this section may petition the court which issued such suspension or surrender order
2212	2212	2186for a review of such action and such petition shall be heard no later than 10 court business days
2213	2213	2187after the receipt of the notice of the petition by the court. If said firearms license or permit has
2214	2214	2188been suspended upon the issuance of an order issued pursuant to section 5 or 6, said petition may
2215	2215	2189be heard contemporaneously with the hearing specified in the second sentence of the second
2216	2216	2190paragraph of section 5. Upon the filing of an affidavit by the defendant that a firearm or
2217	2217	2191ammunition is required in the performance of the defendant's employment, and upon a request
2218	2218	2192for an expedited hearing, the court shall order said hearing within 2 business days of receipt of
2219	2219	2193such affidavit and request but only on the issue of surrender and suspension pursuant to this
2220	2220	2194section.
2221	2221	2195 Section 4B. Upon the continuation or modification of an order issued pursuant to section
2222	2222	21965 or upon petition for review, as described in section 4A, the court shall also order or continue to
2223	2223	2197order the immediate suspension and surrender of a defendant's firearms license or permit and the
2224	2224	2198surrender of all firearms and ammunition that such defendant then controls, owns or possesses if
2225	2225	2199the court makes a determination that the return of such firearms license or permit or firearms and
2226	2226	2200ammunition presents a likelihood of harassment to the plaintiff. A suspension and surrender
2227	2227	2201order issued pursuant to this section shall continue so long as the harassment prevention order to
2228	2228	2202which it relates is in effect; and, any law enforcement official to whom such firearm or
2229	2229	2203ammunition is surrendered may store, transfer or otherwise dispose of any such firearm or
2230	2230	2204ammunition in accordance with section 123D of chapter 140; provided, however, that nothing 104 of 125
2231	2231	2205herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to
2232	2232	2206anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of
2233	2233	2207not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of correction or
2234	2234	2208by both such fine and imprisonment.
2235	2235	2209 Section 4C. Upon an order for suspension or surrender issued pursuant to sections 4A or
2236	2236	22104B, the court shall transmit a report containing the defendant's name and identifying information
2237	2237	2211and a statement describing the defendant's alleged conduct and relationship to the plaintiff to the
2238	2238	2212department of criminal justice information services. Upon the expiration, cancellation or
2239	2239	2213revocation of the order, the court shall transmit a report containing the defendant's name and
2240	2240	2214identifying information, a statement describing the defendant's alleged conduct and relationship
2241	2241	2215to the plaintiff and an explanation that the order is no longer current or valid, to the department
2242	2242	2216of criminal justice information services. Any report made pursuant to this section shall be
2243	2243	2217transmitted by the department of criminal justice information services, pursuant to paragraph (h)
2244	2244	2218of section 167A of chapter 6, to the attorney general of the United States to be included in the
2245	2245	2219National Instant Criminal Background Check System.
2246	2246	2220 SECTION 64. Section 15E of chapter 265 of the General Laws, as so appearing, is
2247	2247	2221hereby amended by striking out, in lines 2 and 3, the words “, large capacity weapon, rifle,
2248	2248	2222shotgun, sawed-off shotgun or machine gun”.
2249	2249	2223 SECTION 65. Section 15F of said chapter 265, as so appearing, is hereby amended by
2250	2250	2224striking out, in lines 2 and 3, the words “, large capacity weapon, rifle, shotgun, sawed-off
2251	2251	2225shotgun or machine gun”. 105 of 125
2252	2252	2226 SECTION 66. Section 17 of said chapter 265, as so appearing, is hereby amended by
2253	2253	2227striking out, in lines 10 and 11, the words “shotgun, rifle, machine gun or assault weapon” and
2254	2254	2228inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2255	2255	2229 SECTION 67. Said section 17 of said chapter 265, as so appearing, is hereby further
2256	2256	2230amended by striking out, in lines 13 and 14, the words “, shotgun, rifle, machine gun or assault
2257	2257	2231weapon”.
2258	2258	2232 SECTION 68. Section 18 of said chapter 265, as so appearing, is hereby amended by
2259	2259	2233striking out, in lines 5 and 6 and line 30, each time they appear, the words “shotgun, rifle,
2260	2260	2234machine gun or assault weapon” and inserting in place thereof, in each instance, the following
2261	2261	2235words:- as defined in section 121 of chapter 140,.
2262	2262	2236 SECTION 69. Section 18A of said chapter 265, as so appearing, is hereby amended by
2263	2263	2237striking out, in line 8, the words “shotgun, rifle or assault weapon” and inserting in place thereof
2264	2264	2238the following words:- as defined in section 121 of chapter 140.
2265	2265	2239 SECTION 70. Section 18B of said chapter 265, as so appearing, is hereby amended by
2266	2266	2240striking out, in line 4, the words “rifle or shotgun” and inserting in place thereof the following
2267	2267	2241words:- as defined in section 121 of chapter 140,.
2268	2268	2242 SECTION 71. Said section 18B of said chapter 265, as so appearing, is hereby further
2269	2269	2243amended by striking out, in lines 6 and 7, lines 18 and 19 and line 21, each time they appear, the
2270	2270	2244words “, rifle or shotgun”. 106 of 125
2271	2271	2245 SECTION 72. Said section 18B of said chapter 265, as so appearing, is hereby further
2272	2272	2246amended by striking out, in lines 7 and 22, each time it appears, the word “weapon” and inserting
2273	2273	2247in place thereof, in each instance, the following word:- firearm.
2274	2274	2248 SECTION 73. Said section 18B of said chapter 265, as so appearing, is hereby further
2275	2275	2249amended by striking out, in lines 14 and 15, the words “, rifle or shotgun including, but not
2276	2276	2250limited to, a large capacity weapon or machine gun”.
2277	2277	2251 SECTION 74. Section 21A of said chapter 265, as so appearing, is hereby amended by
2278	2278	2252striking out, in lines 14 and 15, the words “rifle, shotgun, machine gun or assault weapon” and
2279	2279	2253inserting in place thereof the following words:- as defined in section 121 of chapter 140.
2280	2280	2254 SECTION 75. Section 22 of said chapter 265, as so appearing, is hereby amended by
2281	2281	2255striking out, in lines 28 and 29, the words “rifle, shotgun, machine gun or assault weapon” and
2282	2282	2256inserting in place thereof the following words:- as defined in section 121 of chapter 140.
2283	2283	2257 SECTION 76. Section 24 of said chapter 265, as so appearing, is hereby amended by
2284	2284	2258striking out, in line 8, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2285	2285	2259place thereof the following words:- as defined in section 121 of chapter 140,.
2286	2286	2260 SECTION 77. Section 24B of said chapter 265, as so appearing, is hereby amended by
2287	2287	2261striking out, in line 9, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2288	2288	2262place thereof the following words:- as defined in section 121 of chapter 140,.
2289	2289	2263 SECTION 78. Section 26 of said chapter 265, as so appearing, is hereby amended by
2290	2290	2264striking out, in line 16, the words “rifle, shotgun, machine gun or assault weapon” and inserting
2291	2291	2265in place thereof the following words:- as defined in section 121 of chapter 140,. 107 of 125
2292	2292	2266 SECTION 79. Said section 26 of said chapter 265, as so appearing, is hereby further
2293	2293	2267amended by striking out, in lines 22 and 23, the words “, rifle, shotgun, machine gun or assault
2294	2294	2268weapon”.
2295	2295	2269 SECTION 80. Section 39 of said chapter 265, as so appearing, is hereby amended by
2296	2296	2270striking out, in line 22, the words “rifle, shotgun, machine gun or assault weapon” and inserting
2297	2297	2271in place thereof the following words:- as defined in section 121 of chapter 140,.
2298	2298	2272 SECTION 81. Section 58 of said chapter 265, as so appearing, is hereby amended by
2299	2299	2273striking out, in line 2, the word “weapon” and inserting in place thereof the following word:-
2300	2300	2274firearm.
2301	2301	2275 SECTION 82. Section 14 of chapter 266 of the General Laws, as so appearing, is hereby
2302	2302	2276amended by striking out, in line 10, the words “rifle, shotgun, machine gun or assault weapon”
2303	2303	2277and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2304	2304	2278 SECTION 83. Section 17 of said chapter 266, as so appearing, is hereby amended by
2305	2305	2279striking out, in line 7, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2306	2306	2280place thereof the following words:- as defined in section 121 of chapter 140,.
2307	2307	2281 SECTION 84. Section 18 of said chapter 266, as so appearing, is hereby amended by
2308	2308	2282striking out, in lines 8 and 9, the words “rifle, shotgun, machine gun or assault weapon” and
2309	2309	2283inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2310	2310	2284 SECTION 85. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby
2311	2311	2285amended by striking out subsection (a) and inserting in place thereof the following subsection:- 108 of 125
2312	2312	2286 (a)(1) Whoever, except as provided or exempted by general or special law, knowingly
2313	2313	2287has in their possession, or knowingly has under their control in a vehicle, a firearm that is not a
2314	2314	2288common long gun, loaded or unloaded, as defined in section 121 of chapter 140, without either:
2315	2315	2289 (i) being present in or on their residence or place of business;
2316	2316	2290 (ii) having in effect a license to carry firearms under sections 124 or 124B of said chapter
2317	2317	2291140;
2318	2318	2292 (iii) having satisfied the conditions for exemption under sections 127 or 127A of said
2319	2319	2293chapter 140; or
2320	2320	2294 (iv) having complied as to possession of an air rifle or BB gun with the requirements
2321	2321	2295imposed by section 12B shall be punished by imprisonment in the state prison for not less than 2
2322	2322	2296½ years nor more than 5 years, or for not less than 18 months nor more than 2 ½ years in a jail or
2323	2323	2297house of correction.
2324	2324	2298 (2) Whoever, except as provided or exempted by statute, knowingly has in their
2325	2325	2299possession, or knowingly has under control in a vehicle, a common long gun, loaded or
2326	2326	2300unloaded, as defined in section 121 of chapter 140, without either:
2327	2327	2301 (i) being present in or on their residence or place of business; or
2328	2328	2302 (ii) having in effect a license to carry or permit authorizing the carry of common long
2329	2329	2303guns under sections 124 to 124B, inclusive, of said chapter 140; or
2330	2330	2304 (iii) having satisfied the conditions for exemption under sections 127 or 127A of said
2331	2331	2305chapter 140; or 109 of 125
2332	2332	2306 (iv) having complied as to possession of an air rifle or BB gun with the requirements
2333	2333	2307imposed by section 12B, shall be punished by imprisonment in the state prison for not less than 2
2334	2334	2308½ years nor more than 5 years, or for not less than 18 months nor more than 2 ½ years in a jail or
2335	2335	2309house of correction.
2336	2336	2310 (3) The sentence imposed on such person pursuant to paragraphs (1) and (2) shall not be
2337	2337	2311reduced to less than 18 months, nor suspended, nor shall any person convicted under this
2338	2338	2312subsection be eligible for probation, parole, work release, or furlough or receive any deduction
2339	2339	2313from their sentence for good conduct until they shall have served 18 months of such sentence;
2340	2340	2314provided, however, that the commissioner of correction may on the recommendation of the
2341	2341	2315warden, superintendent, or other person in charge of a correctional institution, grant to an
2342	2342	2316offender committed under this subsection a temporary release in the custody of an officer of such
2343	2343	2317institution for the following purposes only: to attend the funeral of a relative; to visit a critically
2344	2344	2318ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution.
2345	2345	2319Prosecutions commenced under this subsection shall neither be continued without a finding nor
2346	2346	2320placed on file.
2347	2347	2321 (4) No person having in effect a license to carry firearms issued under section 124 or
2348	2348	2322section 124B of chapter 140 shall be deemed to be in violation of this section.
2349	2349	2323 (5) Section 87 of chapter 276 shall not apply to any person 18 years of age or older,
2350	2350	2324charged with a violation of this subsection, or to any child between ages 14 and 18 so charged, if
2351	2351	2325the court is of the opinion that the interests of the public require that the person should be tried as
2352	2352	2326an adult for such offense instead of being dealt with as a child. 110 of 125
2353	2353	2327 (6) This subsection shall not affect the licensing requirements of section 124A of chapter
2354	2354	2328140 which require every person not otherwise duly licensed or exempted to have been issued a
2355	2355	2329long gun permit in order to possess a firearm in their residence or place of business.
2356	2356	2330 SECTION 86. Said section 10 of said chapter 269, as so appearing, is hereby further
2357	2357	2331amended by striking out, in lines 97 to 99, inclusive, the words “as defined in section one
2358	2358	2332hundred and twenty-one of chapter one hundred and forty, without permission under section one
2359	2359	2333hundred and thirty-one of said chapter one hundred and forty” and inserting in place thereof the
2360	2360	2334following words:- bump stock or trigger modifier, as defined in section 121 of chapter 140,
2361	2361	2335without permission under section 124 of said chapter 140.
2362	2362	2336 SECTION 87. Said section 10 of said chapter 269, as so appearing, is hereby further
2363	2363	2337amended by striking out, in line 134, the words “, any rifle or shotgun” and inserting in place
2364	2364	2338thereof the following words:- any firearm.
2365	2365	2339 SECTION 88. Said section 10 of said chapter 269, as so appearing, is hereby further
2366	2366	2340amended by striking out, in lines 135 to 137, inclusive, the words “the requirement of a serial
2367	2367	2341number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty”
2368	2368	2342and inserting in place thereof the following words:- the registration requirement, as provided in
2369	2369	2343section 122 of chapter 140.
2370	2370	2344 SECTION 89. Said section 10 of said chapter 269, as so appearing, is hereby further
2371	2371	2345amended by striking out, in lines 140 and 141, line 150 and lines 151 and 152, each time they
2372	2372	2346appear, the words “, rifle, shotgun”. 111 of 125
2373	2373	2347 SECTION 90. Said section 10 of said chapter 269, as so appearing, is hereby further
2374	2374	2348amended by striking out, in line 142, the figure “129C” and inserting in place thereof the
2375	2375	2349following figure:- 127B.
2376	2376	2350 SECTION 91. Said section 10 of said chapter 269, as so appearing, is hereby further
2377	2377	2351amended by striking out, in line 153, the words “129C of chapter 140 or section 131” and
2378	2378	2352inserting in place thereof the following figure:- 124.
2379	2379	2353 SECTION 92. Said section 10 of said section 269, as so appearing, is hereby further
2380	2380	2354amended by striking out subsections (i) and (j) and inserting in place thereof the following 2
2381	2381	2355subsections:-
2382	2382	2356 (i) Whoever knowingly fails to deliver or surrender a revoked or suspended firearms
2383	2383	2357license or permit issued under sections 124 to 125B, inclusive, of chapter 140, or a firearm, as
2384	2384	2358provided in section 123D of chapter 140, unless an appeal is pending, shall be punished by
2385	2385	2359imprisonment in a jail or house of correction for not more than 2 ½ years or by a fine of not more
2386	2386	2360than $1,000.
2387	2387	2361 (j)(1) Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of
2388	2388	2362chapter 140, in a prohibited area, and knows or reasonably should know such location is a
2389	2389	2363prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the
2390	2390	2364house of correction for not more than 2 ½ years, or both such fine and imprisonment.
2391	2391	2365 (2) For the purposes of this subsection, “prohibited area” shall mean any of the following
2392	2392	2366locations: 112 of 125
2393	2393	2367 (i) a place owned, leased, or under the control of state, county or municipal government
2394	2394	2368and used for the purpose of government administration, judicial or court administrative
2395	2395	2369proceedings, or correctional services, including in or upon any part of the buildings, grounds, or
2396	2396	2370parking areas thereof;
2397	2397	2371 (ii) a location in use at the time of possession as a polling place or for the storage or
2398	2398	2372tabulation of ballots;
2399	2399	2373 (iii) an elementary school, secondary school, college or university including transport
2400	2400	2374used for students of said institution, including in or upon any part of the buildings, grounds, or
2401	2401	2375parking areas thereof; and
2402	2402	2376 (iv) any private, residential dwelling of another, not held open to the public, unless the
2403	2403	2377person in possession of the firearm: (A) has a valid firearms license or permit issued under
2404	2404	2378sections 124 to 124B, inclusive, of chapter 140; and (B) has been given express authorization to
2405	2405	2379carry a firearm in said dwelling by the property owner or lessee, or an agent thereof; provided,
2406	2406	2380that express authorization shall be signified by unambiguous written or verbal authorization or
2407	2407	2381by the posting of clear and conspicuous signage on the building or the premises by the property
2408	2408	2382owner or lessee, or an agent thereof, indicating that possession of a firearm is authorized.
2409	2409	2383 (3) A law enforcement officer may arrest without a warrant and detain a person found in
2410	2410	2384violation of this subsection.
2411	2411	2385 (4) It shall be a defense to a violation of this subsection that a person with a license or
2412	2412	2386permit issued under sections 124 to 124B, inclusive, of chapter 140 securely stored the licensed
2413	2413	2387firearm in a vehicle while within the prohibited area in accordance with sections 126B and 126C
2414	2414	2388of chapter 140. 113 of 125
2415	2415	2389 (5) This subsection shall not apply to a law enforcement officer while in performance of
2416	2416	2390their official duties or to a security guard employed at the prohibited area while at the location of
2417	2417	2391their employment and during the course of their employment or to firearms possessed or stored
2418	2418	2392at prohibited locations listed in clause (iii) of subsection (2) other than elementary schools if
2419	2419	2393authorized by the location with written notice to the state police.
2420	2420	2394 (6) Nothing in this subsection shall limit the enforceability of a provision in any private
2421	2421	2395rental or lease agreement restricting a party’s or a tenant’s possession or use of firearms on the
2422	2422	2396property or in the residential dwelling, the enforceability of a restrictive covenant restricting the
2423	2423	2397possession or use of firearms on the property or in the residential dwelling, or the authority of
2424	2424	2398any private entity, including but not limited to, any homeowners’ association, community
2425	2425	2399association, planned community association, condominium association, cooperative, or any other
2426	2426	2400nongovernmental entity with covenants, bylaws or administrative rules, regulations or provisions
2427	2427	2401governing the use of private property, to restrict the possession or use of firearms on private
2428	2428	2402property.
2429	2429	2403 SECTION 93. Said section 10 of said chapter 269, as so appearing, is hereby further
2430	2430	2404amended by striking out, in line 196 and 226, each time it appears, the word “weapon” and
2431	2431	2405inserting in place thereof, in each instance, the following word:- firearm.
2432	2432	2406 SECTION 94. Said section 10 of said chapter 269, as so appearing, is hereby further
2433	2433	2407amended by striking out, in lines 197 and 198, the words “131 or 131F” and inserting in place
2434	2434	2408thereof the following words:- 124 or 124B.
2435	2435	2409 SECTION 95. Said section 10 of said chapter 269, as so appearing, is hereby further
2436	2436	2410amended by striking out, in line 201 and lines 204 and 205, each time they appear, the words 114 of 125
2437	2437	2411“firearm identification card” and inserting in place thereof, in each instance, the following
2438	2438	2412words:- long gun permit.
2439	2439	2413 SECTION 96. Said section 10 of said chapter 269, as so appearing, is hereby further
2440	2440	2414amended by striking out, in line 202, the figure “129B” and inserting in place thereof the
2441	2441	2415following figure:- 124A.
2442	2442	2416 SECTION 97. Said section 10 of said chapter 269, as so appearing, is hereby further
2443	2443	2417amended by striking out, in line 240, the words “, loaded sawed off shotgun or loaded machine
2444	2444	2418gun”.
2445	2445	2419 SECTION 98. Subsection (o) of said section 10 of said chapter 269, as so appearing, is
2446	2446	2420hereby amended by striking out the second paragraph and inserting in place thereof the following
2447	2447	2421paragraph:-
2448	2448	2422 For purposes of this section, the terms “ammunition” and “firearm” shall have the same
2449	2449	2423meaning as those terms are defined in section 121 of chapter 140.
2450	2450	2424 SECTION 99. Section 10E of said chapter 269 of the General Laws, as so appearing, is
2451	2451	2425hereby amended by striking out, in lines 4 and 5, the words “rifles, shotguns, machines guns, or
2452	2452	2426any combination thereof,” and inserting in place thereof the following words:- as defined in
2453	2453	2427section 121 of chapter 140.
2454	2454	2428 SECTION 100. Said section 10E of said chapter 269, as so appearing, is hereby further
2455	2455	2429amended by striking out, in lines 5 and 6, the words “, rifles, shotguns, machines guns, or any
2456	2456	2430combination thereof”. 115 of 125
2457	2457	2431 SECTION 101. Section 10F of said chapter 269, as so appearing, is hereby amended by
2458	2458	2432striking out, in lines 3 and 31, each time it appears, the word “weapon” and inserting in place
2459	2459	2433thereof, in each instance, the following word:- firearm.
2460	2460	2434 SECTION 102. Section 10H of said chapter 269, as so appearing, is hereby amended by
2461	2461	2435striking out, in lines 2 and 3, the words “131 or 131F of chapter 140, carries on his person, or has
2462	2462	2436under his control” and inserting in place thereof the following words:- 124 or 124B of chapter
2463	2463	2437140, carries on their person or has under their control.
2464	2464	2438 SECTION 103. Said section 10H of said chapter 269, as so appearing, is hereby further
2465	2465	2439amended by inserting after the figure “140,”, in line 4, the following words:- while with a
2466	2466	2440percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.
2467	2467	2441 SECTION 104. Said chapter 269 is hereby amended by striking out section 10I, as so
2468	2468	2442appearing, and inserting in place thereof the following section:-
2469	2469	2443 Section 10I. (a) Whoever transports a firearm, as defined in section 121 of chapter 140,
2470	2470	2444into the commonwealth to use for the commission of criminal activity shall be punished by
2471	2471	2445imprisonment for not less than 5 years nor more than 10 years.
2472	2472	2446 (b) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or
2473	2473	2447transfer possession of the firearm to a prohibited person, as defined in section 123 of chapter
2474	2474	2448140, shall be punished by imprisonment in state prison for not less than 10 years nor more than
2475	2475	244920 years.
2476	2476	2450 (c) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or
2477	2477	2451transfer the firearm to a prohibited person, as defined in section 123 of chapter 140, and if the 116 of 125
2478	2478	2452firearm is subsequently used to cause the death of another, shall be punished by imprisonment in
2479	2479	2453state prison for not less than 20 years.
2480	2480	2454 SECTION 105. Section 10J of said chapter 269, as so appearing, is hereby amended by
2481	2481	2455striking out, in line 9, the figure “131” and inserting in place therefor the following figure:- 123.
2482	2482	2456 SECTION 106. Section 10K of said chapter 269, as so appearing, is hereby amended by
2483	2483	2457striking out, in lines 9 and 10, lines 15 and 16, and line 19, each time they appear, the words “,
2484	2484	2458rifle, shotgun, machine gun or ammunition” and inserting in place thereof, in each instance, the
2485	2485	2459following words:- or ammunition, as defined in section 121 of chapter 140.
2486	2486	2460 SECTION 107. Section 11 of said chapter 269, as so appearing, is hereby amended by
2487	2487	2461striking out, in line 4, the words “one hundred and thirty-one of chapter one hundred and forty”
2488	2488	2462and inserting in place thereof the following words:- 124 of chapter 140.
2489	2489	2463 SECTION 108. Said chapter 269 is hereby amended by striking out section 11A, as so
2490	2490	2464appearing, and inserting in place thereof the following section:-
2491	2491	2465 Section 11A. For the purposes of sections 11A to 11C, inclusive, the terms “firearm”,
2492	2492	2466“serial number” and “untraceable firearm” shall have the same definitions as section 121 of
2493	2493	2467chapter 140.
2494	2494	2468 SECTION 109. Section 11B of said chapter 269, as so appearing, is hereby amended by
2495	2495	2469striking out the first sentence and inserting in place thereof the following sentence:- Whoever,
2496	2496	2470while in the commission or attempted commission of a felony, has in their possession or under
2497	2497	2471their control an untraceable firearm, shall be punished by imprisonment for not less than 2 ½
2498	2498	2472years. 117 of 125
2499	2499	2473 SECTION 110. Section 11C of said chapter 269, as so appearing, is hereby amended by
2500	2500	2474striking out the first sentence and inserting in place thereof the following sentence:-
2501	2501	2475 Whoever, by themself or with another, creates an untraceable firearm, or knowingly
2502	2502	2476participates in the creation of an untraceable firearm or receives a firearm with knowledge that it
2503	2503	2477is untraceable, shall be punished by imprisonment for not less than 2½ years.
2504	2504	2478 SECTION 111. Said section 11C of said chapter 269, as so appearing, is hereby further
2505	2505	2479amended by striking out, in lines 9 to 11, inclusive, the words “the serial number or identification
2506	2506	2480number of which has been removed, defaced, altered, obliterated or mutilated in any manner”
2507	2507	2481and inserting in place thereof the following words:- that is untraceable.
2508	2508	2482 SECTION 112. Said section 11C of said chapter 269, as so appearing, is hereby further
2509	2509	2483amended by striking out, in lines 14 to 15, inclusive, the words “whatever that such number had
2510	2510	2484been removed, defaced, altered, obliterated or mutilated” and inserting in place thereof the
2511	2511	2485following words:- that the firearm was untraceable.
2512	2512	2486 SECTION 113. Said section 11C of said chapter 269, as so appearing, is hereby further
2513	2513	2487amended by striking out, in lines 19 and 20, the words “or other article”.
2514	2514	2488 SECTION 114. Section 11E of said chapter 269, as so appearing, is hereby repealed.
2515	2515	2489 SECTION 115. Section 12D of said chapter 269, as so appearing, is hereby amended by
2516	2516	2490striking out, in line 30, the word “weapon” and inserting in place thereof the following word:-
2517	2517	2491firearm.
2518	2518	2492 SECTION 116. Said chapter 269, as so appearing, is hereby amended by striking out
2519	2519	2493section 12E and inserting in place thereof the following section:- 118 of 125
2520	2520	2494 Section 12E. (a) Whoever discharges a firearm as defined in section 121 of chapter 140
2521	2521	2495within 500 feet of a dwelling or other building in use, except with the consent of the owner or
2522	2522	2496legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by
2523	2523	2497imprisonment in a jail or house of correction for not more than 3 months, or both such fine and
2524	2524	2498imprisonment.
2525	2525	2499 (b) This section shall not apply to any of the following: (i) the lawful defense of life and
2526	2526	2500property; (ii) any law enforcement officer acting in the discharge of their duties; or (iii) the
2527	2527	2501discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in
2528	2528	2502accordance with section 39 of chapter 148.
2529	2529	2503 (c) This section shall not apply to a dwelling or building on the same property as: (i)
2530	2530	2504persons using underground or indoor target or test ranges with the consent of the owner or legal
2531	2531	2505occupant thereof; (ii) persons using outdoor skeet, trap, target or test ranges with the consent of
2532	2532	2506the owner or legal occupant of the land on which the range is established; or (iii) persons using
2533	2533	2507shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in this section
2534	2534	2508shall exempt any persons from compliance with noise control laws, regulations, ordinances or
2535	2535	2509by-laws in effect or from the prohibitions of section 58 of chapter 131.
2536	2536	2510 SECTION 117. Section 12F of said chapter 269, as so appearing, is hereby amended by
2537	2537	2511striking out, in lines 11 and 12, the words “as defined in section 131J of chapter 140, any rifle,
2538	2538	2512shotgun”.
2539	2539	2513 SECTION 118. Said chapter 269, as so appearing, is hereby amended by inserting after
2540	2540	2514section 12F the following section:- 119 of 125
2541	2541	2515 Section 12G. Whoever discharges a firearm, as defined in section 121 of chapter 140,
2542	2542	2516with reckless disregard to striking a dwelling or other building in use, and as a result does strike
2543	2543	2517such dwelling or building, shall be punished by imprisonment in the house of correction for not
2544	2544	2518more than 2 ½ years, or in state prison for not more than 5 years. This section shall not apply to
2545	2545	2519persons acting in the lawful defense of life or property or any law enforcement officer acting in
2546	2546	2520the discharge of their duties. This section shall not apply for dwellings or buildings within the
2547	2547	2521property of: (a) persons using underground or indoor target or test ranges with the consent of the
2548	2548	2522owner or legal occupant thereof; (b) persons using outdoor skeet, trap, target or test ranges with
2549	2549	2523the consent of the owner or legal occupant of the land on which the range is established; or (c)
2550	2550	2524persons using shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in
2551	2551	2525this section shall exempt any persons from compliance with noise control laws, ordinances or by-
2552	2552	2526laws in effect or from the prohibitions of section 58 of chapter 131.
2553	2553	2527 SECTION 119. Section 14 of said chapter 269, as so appearing, is hereby amended by
2554	2554	2528striking out, in line 15, the words “rifle, shotgun, machine gun or assault weapon,”.
2555	2555	2529 SECTION 120. Section 58A of chapter 276 of the General Laws, as so appearing, is
2556	2556	2530hereby amended by striking out, in line 21, the words “weapon or machine gun” and inserting in
2557	2557	2531place thereof the following word:- firearm.
2558	2558	2532 SECTION 121. Said section 58A of said chapter 276, as so appearing, is hereby further
2559	2559	2533amended by striking out, in line 28, the word “weapon” and inserting in place thereof the
2560	2560	2534following word:- firearm. 120 of 125
2561	2561	2535 SECTION 122. Section 100A of said chapter 276, as so appearing, is hereby amended by
2562	2562	2536striking out, in line 26, the figure “131H” and inserting in place thereof the following figure:-
2563	2563	2537130E.
2564	2564	2538 SECTION 123. Section 100J of said chapter 276, as so appearing, is hereby amended by
2565	2565	2539striking out, in line 17, the figure “131Q” and inserting in place thereof the following figure:-
2566	2566	2540130E.
2567	2567	2541 SECTION 124. Section 25 of chapter 279 of the General Laws, as so appearing, is hereby
2568	2568	2542amended by striking out, in lines 17 and 18, the words “, shotgun, rifle, machine gun, or assault
2569	2569	2543weapon,” and inserting in place thereof the following words:- as defined in section 121 of
2570	2570	2544chapter 140.
2571	2571	2545 SECTION 125. (a) As used in this section, the following words shall, unless the context
2572	2572	2546clearly requires otherwise, have the following meanings:
2573	2573	2547 “Microstamp”, a microscopic array of characters identifying the make, model, or serial
2574	2574	2548number of a firearm, etched or otherwise imprinted in 2 or more places on the interior surface or
2575	2575	2549the internal working parts of the firearm, that are transferred by imprinting on each cartridge case
2576	2576	2550when the firearm is fired.
2577	2577	2551 “Personalized firearm”, a firearm manufactured with incorporated design technology or
2578	2578	2552converted with such technology so that it: (i) allows the firearm to be fired only by an authorized
2579	2579	2553user; or (ii) prevents any of the safety characteristics of the firearm from being readily
2580	2580	2554deactivated. 121 of 125
2581	2581	2555 (b) There is hereby established, pursuant to section 2A of chapter 4 of the General Laws,
2582	2582	2556a special legislative commission to study and investigate emerging firearm technology.
2583	2583	2557 (c) The special legislative commission shall consist of 13 members: the chairs of the joint
2584	2584	2558committee on the judiciary or their designees, who shall serve as co-chairs; the secretary of
2585	2585	2559public safety and security or a designee; the colonel of the state police or a designee; 2 members
2586	2586	2560appointed by the speaker of the house of representatives; 2 members appointed by the president
2587	2587	2561of the senate; 1 member appointed by the minority leader of the house of representatives; 1
2588	2588	2562member appointed by the minority leader of the senate; 2 members appointed by the governor, 1
2589	2589	2563of whom shall be an expert in emerging firearm technologies; and 1 member appointed by the
2590	2590	2564National Shooting Sports Foundation, Inc.
2591	2591	2565 (d) The special legislative commission shall investigate and study the status, feasibility,
2592	2592	2566and utility of emerging firearm technologies, including, but not limited to, personalized firearm
2593	2593	2567technology and microstamp technology. The study shall include: (i) a review of existing and
2594	2594	2568developing personalized firearm and microstamp technologies; (ii) an investigation of the
2595	2595	2569accuracy, effectiveness and utility of personalized firearm and microstamp technologies; (iii) an
2596	2596	2570evaluation of the commercial availability of personalized firearm and microstamp technologies,
2597	2597	2571both in the production of new firearms and modification of existing firearms; (iv) an
2598	2598	2572investigation of the cost and impacts associated with requiring the use of personalized firearm or
2599	2599	2573microstamp technologies in the commonwealth; and (v) evaluation of the feasibility and utility of
2600	2600	2574a personalized firearm technology tax incentive program. 122 of 125
2601	2601	2575 (e) The special legislative commission shall submit a report of its study and
2602	2602	2576recommendations, together with any legislative recommendations, to the clerks of the house of
2603	2603	2577representatives and the senate on or before September 30, 2024.
2604	2604	2578 SECTION 126. (a) There is hereby established, pursuant to section 2A of chapter 4 of the
2605	2605	2579General Laws, a special legislative commission to study the commonwealth’s funding structure
2606	2606	2580for violence prevention services.
2607	2607	2581 (b) The special legislative commission shall consist of 17 members: the chairs of the joint
2608	2608	2582committee on public safety and homeland security or their designees, who shall serve as co-
2609	2609	2583chairs; the secretary of public safety and security or a designee; the secretary of health and
2610	2610	2584human services or a designee; 2 members appointed by the speaker of the house of
2611	2611	2585representatives, 1 of whom shall be from an organization that has received a grant through the
2612	2612	2586Safe and Successful Youth Initiative; 2 members appointed by the president of the senate, 1 of
2613	2613	2587whom shall be from an organization that has received a grant through the Safe and Successful
2614	2614	2588Youth Initiative; 1 member appointed by the minority leader of the house of representatives; 1
2615	2615	2589member appointed by the minority leader of the senate; 1 member appointed by the governor
2616	2616	2590who shall be from an organization involved in early child education or development; 2 members
2617	2617	2591appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by
2618	2618	2592the Massachusetts Asian-American Legislative Caucus; 1 member appointed by the caucus of
2619	2619	2593women legislators; 1 member appointed by the Massachusetts Association of School
2620	2620	2594Superintendents, Inc.; 1 member appointed by the Massachusetts Health and Hospital
2621	2621	2595Association, Inc. 123 of 125
2622	2622	2596 (c) The special legislative commission shall: (i) examine and evaluate the existing
2623	2623	2597government funding structure for violence prevention services in the commonwealth, including
2624	2624	2598funding sources, initiatives and programs utilized, specific services funded, communities served,
2625	2625	2599how funding decisions are made, and how service providers and programs are chosen; and (ii)
2626	2626	2600recommend changes to promote efficiency, transparency, accessibility and utility with the
2627	2627	2601ultimate goal of enhancing violence prevention services and minimizing the disproportionate
2628	2628	2602impact of violence in historically impacted communities.
2629	2629	2603 (d) The special legislative commission shall submit a report of its study and
2630	2630	2604recommendations, together with any proposed legislation, to the clerks of the house of
2631	2631	2605representatives and the senate on or before September 30, 2024.
2632	2632	2606 SECTION 127. A valid license to carry a firearm issued under sections 131 or 131F of
2633	2633	2607chapter 140 of the General Laws, a valid firearm identification card under section 129B of said
2634	2634	2608chapter 140 or a valid license to sell under section 122 of said chapter 140, shall remain valid
2635	2635	2609until the expiration of said license and shall entitle the holder to possess the firearms authorized
2636	2636	2610by the license at the time it was last issued or renewed; provided, however, that upon the
2637	2637	2611expiration of a firearm identification card under said section 129B of said chapter 140, said
2638	2638	2612firearm identification card may be renewed for a long gun permit under section 124A of said
2639	2639	2613chapter 140, as inserted by section 45.
2640	2640	2614 SECTION 128. Not later than 6 months after the effective date of this act, the executive
2641	2641	2615office of public safety and security shall notify all individuals with licenses to carry and firearm
2642	2642	2616identification cards valid on the effective date of this act of the requirements under sections 122 124 of 125
2643	2643	2617of chapter 140 of the General Laws, as inserted by section 39, and section 122A of said chapter
2644	2644	2618140, as inserted by section 40.
2645	2645	2619 SECTION 129. (a) Not later than 6 months after the effective date of this act, the
2646	2646	2620executive office of public safety and security shall promulgate regulations required by section
2647	2647	2621122 of chapter 140 of the General Laws, as inserted by section 39.
2648	2648	2622 (b) Not later than 6 months after the effective date of this act, the executive office of
2649	2649	2623public safety and security, in consultation with the department of criminal justice information
2650	2650	2624services, shall promulgate regulations required by section 122A of said chapter 140, as inserted
2651	2651	2625by section 40.
2652	2652	2626 SECTION 130. Not later than 1 year after the effective date of this act, the department of
2653	2653	2627criminal justice information services shall establish the online dashboard and publish firearm
2654	2654	2628data required by subsection (c) of section 122B of chapter 140 of the General Laws, as inserted
2655	2655	2629by section 41.
2656	2656	2630 SECTION 131. The department of criminal justice information services shall establish
2657	2657	2631the electronic firearms registration system established pursuant to section 122 of chapter 140 of
2658	2658	2632the General Laws, as inserted by section 39, not later than 1 year after the effective date of this
2659	2659	2633act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2660	2660	2634year after said electronic firearms registration system is completed and publicly available.
2661	2661	2635 SECTION 132. The department of criminal justice information services shall establish
2662	2662	2636the serial number request system established pursuant to section 122A of chapter 140 of the
2663	2663	2637General Laws, as inserted by section 40, not later than 1 year after the effective date of this act; 125 of 125
2664	2664	2638provided, that all firearms shall be serialized in accordance with this act and not later than 1 year
2665	2665	2639after said serial number request system is completed and publicly available.
2666	2666	2640 SECTION 133. Sections 126 and 126A of chapter 140 of the General Laws, as inserted
2667	2667	2641by section 47, shall take effect 1 year after the effective date of this act; provided, however, that
2668	2668	2642until such time, new applicants for a license or permit under sections 124 to 124B, inclusive,
2669	2669	2643124E, 125, 125B of said chapter 140, as inserted by section 45, shall complete a basic firearms
2670	2670	2644safety certificate that satisfies the requirements of section 131P of chapter 140 of the General
2671	2671	2645Laws as in effect on October 1, 2023.
2672	2672	2646 SECTION 134. Section 60 shall take effect 1 year after the effective date of this act.
2673	2673	2647 SECTION 135. Subsection (i) of section 125A of chapter 140 of the General Laws, as
2674	2674	2648inserted by section 46, shall take effect 18 months after the effective date of this act. Until such
2675	2675	2649time, the licensing authority shall enter, 1 time per calendar year, during regular business hours,
2676	2676	2650the business premises of any licensee, and make inquiries and inspect the licensee’s records,
2677	2677	2651inventory, policies and procedures for the purpose of enforcing said section 125A of said chapter
2678	2678	2652140. Licensees found to be in violation of said section 125A of said chapter 140 shall be subject
2679	2679	2653to the suspension or revocation of their license to sell. Nothing herein shall prohibit law
2680	2680	2654enforcement from conducting such inspections pursuant to a valid search warrant issued by a
2681	2681	2655court of competent jurisdiction.