Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4139 Compare Versions

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Old	New	Differences
1	1	FILED ON: 10/18/2023
2	2	HOUSE . . . . . . . . . . . . . . . No. 4139
3	3	House bill No. 4135, as amended by the House. October 18, 2023.
4	4	The Commonwealth of Massachusetts
5	5	_______________
6	6	In the One Hundred and Ninety-Third General Court
7	7	(2023-2024)
8	8	_______________
9	9	An Act modernizing firearm laws.
10	10	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
11	11	of the same, as follows:
12	12	1 SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as
13	13	2appearing in the 2022 Official Edition, is hereby amended by striking out subclause (j) and
14	14	3inserting in place thereof the following subclause:-
15	15	4 (j) the names and addresses of any persons contained in, or referred to in, any
16	16	5applications for any licenses to carry or possess firearms issued pursuant to chapter 140 or any
17	17	6long gun permits issued pursuant to said chapter 140 and the names and addresses on sales or
18	18	7transfers of any firearms or ammunition therefor, as defined in said chapter 140 and the names
19	19	8and addresses on said licenses or permits;.
20	20	9 SECTION 2. Section 172M of chapter 6 of the General Laws, as so appearing, is hereby
21	21	10amended by striking out, in line 3, the figure “122” and inserting in place thereof the following
22	22	11figure:- 125.
23	23	12 SECTION 3. Said section 172M of said chapter 6, as so appearing, is hereby further
24	24	13amended by striking out, in lines 6 and 7, the words:- “and unmonitored contact with firearms, 2 of 129
25	25	14shotguns or rifles” and inserting in place thereof the following words:- contact with firearms, as
26	26	15defined in section 121 of said chapter 140.
27	27	16 SECTION 4. Section 5J of chapter 18 of the General Laws, as so appearing, is hereby
28	28	17amended by striking out, in lines 9 to 11, inclusive, the words “firearms dealers licensed pursuant
29	29	18to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of
30	30	19said” and inserting in place thereof the following words:- persons licensed pursuant to section
31	31	20125 of.
32	32	21 SECTION 5. Section 2LLL of chapter 29 of the General Laws, as so appearing, is hereby
33	33	22amended by striking out, in lines 8 and 9, the words “fee assessed under sections 122, 122B,
34	34	23129B, 131, 131A, 131F, and 131H” and inserting in place thereof the following words:- fees
35	35	24assessed under section 123B for licenses and permits issued pursuant to sections 124 to 124C,
36	36	25inclusive, 124E, 125 and 125B.
37	37	26 SECTION 6. Section 22F of chapter 40 of the General Laws, as so appearing, is hereby
38	38	27amended by striking out, in line 17, the number “131N” and inserting in place thereof the
39	39	28number:- 131H.
40	40	29 SECTION 7. Section 10B of chapter 66 of the General Laws, as so appearing, is hereby
41	41	30amended by striking out, in lines 7 and 8, the following words:- , rifles, shotguns, machine guns.
42	42	31 SECTION 8. Said section 10B of said chapter 66, as so appearing, is hereby further
43	43	32amended, in line 14, by inserting after the word “request” the following words:- provided,
44	44	33however, that nothing in this section shall prohibit the transmission of data and other information
45	45	34to the department of criminal justice information services and its use pursuant to section 122B of
46	46	35chapter 140. 3 of 129
47	47	36 SECTION 9. Section 26 of chapter 90B of the General Laws, as so appearing, is hereby
48	48	37amended by striking out, in line 66, the words “rifle or shotgun” and inserting in place thereof
49	49	38the following words:- as defined in section 121 of chapter 140,.
50	50	39 SECTION 10. Said section 26 of said chapter 90B, as so appearing, is hereby further
51	51	40amended by striking out, in lines 68 to 69, inclusive, the words “such firearm, rifle or shotgun is
52	52	41unloaded and in an enclosed case” and inserting in place thereof the following words:- such
53	53	42person possesses the required firearms license or permit issued under sections 124 to 124B,
54	54	43inclusive, of chapter 140 and carries such firearm in compliance with section 126B of chapter
55	55	44140. Any violation of this subsection shall be penalized in accordance with section 126B of
56	56	45chapter 140.
57	57	46 SECTION 11. Section 244 of chapter 111 of the General Laws, as so appearing, is hereby
58	58	47amended by striking out, in line 48, the words “131R to 131Y” and inserting in place thereof the
59	59	48following words:- 131 to 131H.
60	60	49 SECTION 11A. Chapter 118E of the General Laws, as appearing in the 2022 Official
61	61	50Edition, is hereby amended by adding the following 2 sections:-
62	62	51 Section 83. (a) As used in this section, the following words shall, unless the context
63	63	52clearly requires otherwise, have the following meanings:
64	64	53 “Community violence”, intentional acts of interpersonal violence committed in public
65	65	54areas by individuals who are not family members or intimate partners of the victim.
66	66	55 “Community violence prevention and intervention services”, evidence-based, trauma-
67	67	56informed, supportive and non-psychotherapeutic services provided by a certified violence 4 of 129
68	68	57prevention professional within or outside of a clinical setting, for the purpose of promoting
69	69	58improved health outcomes and positive behavioral change, preventing injury recidivism and
70	70	59reducing the likelihood that an individual who is a victim of community violence will commit or
71	71	60promote community violence. “Community violence prevention services”, shall include, but
72	72	61shall not be limited to, the provision of peer support and counseling, mentorship, conflict
73	73	62mediation, crisis intervention, targeted case management, referrals to a certified violence
74	74	63prevention professional, licensed health care professionals or social services providers, patient
75	75	64education or screening services to victims of community violence.
76	76	65 “Interpersonal violence”, the intentional use of physical force or power against other
77	77	66persons by an individual or small group of individuals.
78	78	67 “Prevention professional”, shall have the same meaning as described by the National
79	79	68Uniform Claim Committee , or its successor, pursuant to NUCC Code Number 405300000X.
80	80	69 “Certified violence prevention professional”, a prevention professional certified pursuant
81	81	70to subsections (c) and (d) of this section.
82	82	71 (b)(1) The secretary of health and human services shall amend the Medicaid state plan to
83	83	72make community violence prevention services available, subject to federal law and approval, to
84	84	73any Medicaid beneficiary who has: (A)(i) received medical treatment for an injury sustained as a
85	85	74result of an act of community violence; or (ii) been referred by local or state police as being at
86	86	75risk for engagement in community violence or a victim of community violence; and (B) been
87	87	76referred by a certified or licensed health care provider or social services provider to receive
88	88	77community violence prevention services from a certified violence prevention professional, after 5 of 129
89	89	78such provider determines such beneficiary to be at an elevated risk of a violent injury or
90	90	79retaliation resulting from a subsequent act of community violence.
91	91	80 (2) The secretary of health and human services shall seek any federal approvals necessary
92	92	81to implement this section, including, but not limited to, state plan amendments or federal waivers
93	93	82by the federal Centers for Medicare and Medicaid Services. This subsection shall be
94	94	83implemented only to the extent that federal financial participation is available, and any necessary
95	95	84federal approvals have been obtained.
96	96	85 (3) The provisions of this subsection shall be implemented only to the extent permitted by
97	97	86federal law.
98	98	87 (c) Any prevention professional seeking certification as a certified violence prevention
99	99	88professional shall complete: (i) not less than 6 months of full-time equivalent experience in
100	100	89providing community violence prevention services, (ii) complete a training and certification
101	101	90program for certified violence prevention professionals, approved pursuant to subsection (d),
102	102	91maintain such certification and complete any other requirements as established by the executive
103	103	92office.
104	104	93 (d)(1) The executive office shall approve at least 1 training and certification program for
105	105	94certified violence prevention professionals. Such program shall include:
106	106	95 (i) not less than 35 hours of initial training, collectively addressing all of the following:
107	107	96 (A) The profound effects of trauma and violence and the basis of trauma-informed care; 6 of 129
108	108	97 (B) national best practices regarding community violence prevention and intervention
109	109	98strategies, including, but not limited to, methods to support long term behavioral change, conflict
110	110	99mediation, retaliation prevention related to community violence;
111	111	100 (C) case management and advocacy practices; and
112	112	101 (D) patient privacy and the federal Health Insurance Portability and Accountability Act of
113	113	1021996, P.L. 104-191, as amended, (JIPAA).
114	114	103 (ii) not less than 6 hours of continuing education every 2 years.
115	115	104 (e) Any entity that employs or contracts with a certified violence prevention professional
116	116	105to provide community violence prevention services shall:
117	117	106 (i) maintain documentation that each certified violence prevention professional has met
118	118	107all of the conditions described in subsections (c) and (d); and
119	119	108 (ii) Ensure that each certified violence prevention professional is providing community
120	120	109violence prevention services in compliance with any applicable standards of care, rules,
121	121	110regulations and state and federal law.
122	122	111 (f) No person, unless certified as a violence prevention professional pursuant to this
123	123	112section, may use the title “certified violence prevention professional” or make use of any title,
124	124	113words, letters, abbreviations or insignia indicating or implying that they are a certified violence
125	125	114prevention professional.
126	126	115 (g) Nothing in this section shall alter the scope of practice for any health care
127	127	116professional. 7 of 129
128	128	117 SECTION 12. Section 35 of chapter 123 of the General Laws, as so appearing, is hereby
129	129	118amended by striking out, in lines 114 and 115, the words “firearm identification card pursuant to
130	130	119section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F” and
131	131	120inserting in place thereof the following words:- firearms license or permit pursuant to sections
132	132	121124 to 124B, inclusive,.
133	133	122 SECTION 13. Said section 35 of said chapter 123, as so appearing, is hereby further
134	134	123amended by striking out, in line 122, the words “rifle or shotgun” and inserting in place thereof
135	135	124the following words:- as defined in section 121 of chapter 140.
136	136	125 SECTION 14. Section 36C of said chapter 123 of the General Laws, as so appearing, is
137	137	126hereby amended by striking out, in lines 8 and 9, the words “firearm identification card pursuant
138	138	127to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F of said
139	139	128chapter” and inserting in place thereof the following words:- firearms license or permit pursuant
140	140	129to sections 124 to 124B, inclusive, of chapter.
141	141	130 SECTION 15. Section 11 of chapter 131 of the General Laws, as so appearing, is hereby
142	142	131amended by striking out, in lines 35 and 36, the words “one hundred and thirty-one H of chapter
143	143	132one hundred and forty” and inserting in place thereof the following words:- 124B of chapter 140.
144	144	133 SECTION 16. Said chapter 131, as so appearing, is hereby further amended by striking
145	145	134out section 62 and inserting in place thereof the following section:-
146	146	135 Section 62. A person, with a percentage, by weight, of alcohol in their blood of eight one-
147	147	136hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana,
148	148	137narcotic drugs, depressant or stimulant substances, all as defined in section 1 of chapter 94C, or
149	149	138who intentionally smells or inhales the fumes of any substance having the property of releasing 8 of 129
150	150	139toxic vapors in violation of section 18 of chapter 270, shall not hunt or carry a firearm, bow and
151	151	140arrow or other weapon while engaged in hunting or target shooting. A violation of this section
152	152	141shall be punished by a fine of not more than $5,000 or by imprisonment in the house of
153	153	142correction for not more than 2 ½ years, or by both such fine and imprisonment.
154	154	143 SECTION 17. Section 90 of said chapter 131, as so appearing, is hereby amended by
155	155	144striking out, in line 7, the figure “, 62”.
156	156	145 SECTION 18. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby
157	157	146amended by striking out, in line 1, the figure “131Y” and inserting in place thereof the following
158	158	147figure:- 131H.
159	159	148 SECTION 19. Said section 121 of said chapter 140, as so appearing, is hereby further
160	160	149amended by striking out the definition of “Ammunition” and inserting in place thereof the
161	161	150following 3 definitions:-
162	162	151 “Additive manufacturing”, a process in which material is added to produce a product,
163	163	152including, but not limited to 3-dimensional printing.
164	164	153 “Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant
165	165	154powder designed for use in any firearm; provided, that “ammunition” shall also mean tear gas
166	166	155cartridges.
167	167	156 “Antique firearm”, any firearm or replica thereof manufactured in or prior to the year
168	168	1571899 if such firearm: (i) is not designed or redesigned for using rimfire or conventional centerfire
169	169	158fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no
170	170	159longer manufactured in the United States and which is not readily available in the ordinary 9 of 129
171	171	160channels of commercial trade; provided, that “antique firearm” shall include any muzzle loading
172	172	161rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and
173	173	162that cannot use fixed ammunition, unless the firearm: (i) incorporates a firearm frame or
174	174	163receiver; (ii) is converted into a muzzle loading weapon; or (iii) is a muzzle loading weapon that
175	175	164can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or
176	176	165any combination thereof.
177	177	166 SECTION 20. Said section 121 of said chapter 140, as so appearing, is hereby further
178	178	167amended by striking out the definition of “Assault weapon” and inserting in place thereof the
179	179	168following 5 definitions:-
180	180	169 “Assault-style firearm”, any firearm which is:
181	181	170 (a) A semiautomatic, centerfire rifle with the capacity to accept a detachable feeding
182	182	171device and includes any of the following features: (i) a folding or telescopic stock; (ii) a
183	183	172thumbhole stock or pistol grip; (iii) a forward grip or second handgrip or protruding grip that can
184	184	173be held by the non-trigger hand; (iv) a threaded barrel designed to accommodate a flash
185	185	174suppressor or muzzle break or similar feature; or (v) a shroud that encircles either all or part of
186	186	175the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the
187	187	176barrel.
188	188	177 (b) A semiautomatic pistol with the capacity to accept a detachable feeding device and
189	189	178includes any of the following features: (i) the capacity to accept a feeding device that attaches to
190	190	179the pistol outside of the pistol grip; (ii) a second handgrip or a protruding grip that can be held by
191	191	180the non-trigger hand; (iii) a threaded barrel capable of accepting a flash suppressor, forward 10 of 129
192	192	181handgrip or silencer; or (iv) a shroud that encircles either all or part of the barrel designed to
193	193	182shield the bearer’s hand from heat, excluding a slide that encloses the barrel.
194	194	183 (c) A semiautomatic shotgun with the capacity to accept a detachable feeding device and
195	195	184includes any of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or
196	196	185pistol grip; or (iii) a protruding grip for the non-trigger hand.
197	197	186 (d) Any firearm listed on the assault-style firearm roster pursuant to section 128A.
198	198	187 (e) All of the following rifles:
199	199	188 (i) All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS,
200	200	189ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector
201	201	190Arms AK-47, VEPR, WASR-10 and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM,
202	202	191Norinco 56S, 56S2, 84S and 86S, Poly Technologies AK47 and AKS and SKS with a detachable
203	203	192feeding device;
204	204	193 (ii) All AR types, including the following: AR-10, AR-15, Alexander Arms Overmatch
205	205	194Plus 16, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Black
206	206	195Rain Ordnance Recon Scout, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE
207	207	196series, Bushmaster XM15, Chiappa Firearms MFour rifles, Colt Match Target rifles, CORE Rifle
208	208	197Systems CORE15 rifles, Daniel Defense M4A1 rifles, Devil Dog Arms 15 Series rifles,
209	209	198Diamondback DB15 rifles, DoubleStar AR rifles, DPMS Tactical rifles, DSA Inc. ZM-4
210	210	199Carbine, Heckler & Koch MR556, High Standard HSA-15 rifles, Jesse James Nomad AR-15
211	211	200rifles, Knight’s Armament SR-15, Lancer L15 rifles, MGI Hydra Series rifles, Mossberg MMR
212	212	201Tactical rifles, Noreen Firearms BN 36 rifle, Olympic Arms, POF USA P415, Precision Firearms
213	213	202AR rifles, Remington R-15 rifles, Rhino Arms AR rifles, Rock River Arms LAR-15, Sig Sauer 11 of 129
214	214	203SIG516, M400 and SIG716 rifles, Smith & Wesson M&P15 rifles, Stag Arms AR rifles, Sturm,
215	215	204Ruger & Co. SR556 and AR-556 rifles, Uselton Arms Air-Lite M-4 rifles, Windham Weaponry
216	216	205AR rifles, WMD Guns Big Beast, Yankee Hill Machine Company, Inc. YHM-15 rifles;
217	217	206 (iii) Barrett M107A1 and M82A1;
218	218	207 (iv) Beretta CX4 Storm;
219	219	208 (v) Calico Liberty Series;
220	220	209 (vi) CETME Sporter;
221	221	210 (vii) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C;
222	222	211 (viii) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter,
223	223	212PS90, SCAR and FS2000;
224	224	213 (ix) Feather Industries AT-9;
225	225	214 (x) Galil Model AR and Model ARM;
226	226	215 (xi) Hi-Point Carbine;
227	227	216 (xii) HK-91, HK-93, HK-94, HK-PSG-1 and HK USC;
228	228	217 (xiii) IWI TAVOR and Galil ACE rifle;
229	229	218 (xiv) Kel-Tec Sub 2000, SU-16, RDB and RFB;
230	230	219 (xv) SIG AMT, SIG PE-57, SIG556, Sig Sauer SG 550, Sig Sauer SG 551 and SIG
231	231	220MCX; 12 of 129
232	232	221 (xvi) Springfield Armory SAR-48;
233	233	222 (xvii) Steyr AUG;
234	234	223 (xviii) Sturm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF;
235	235	224 (xix) All Thompson rifles, including the following: M1SB, T1100D, T150D, T1B,
236	236	225T1B100D, T1B50D, T1BSB, T1-C, T1D, T1SB, T5, T5100D, TM1, TM1C;
237	237	226 (xx) UMAREX UZI rifle;
238	238	227 (xxi) UZI Mini Carbine, UZI Model A Carbine and UZI Model B Carbine;
239	239	228 (xxii) Valmet M62S, M71S and M78;
240	240	229 (xxiii) Vector Arms UZI Type;
241	241	230 (xxiv) Weaver Arms Nighthawk; and
242	242	231 (xxv) Wilkinson Arms Linda Carbine.
243	243	232 (f) All of the following pistols:
244	244	233 (i) All AK types, including the following: Centurion 39 AK pistol, Draco AK-47 pistol,
245	245	234HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol,
246	246	235PAP M92 pistol and Yugo Krebs Krink pistol;
247	247	236 (ii) All AR types, including the following: American Spirit AR-15 pistol, Bushmaster
248	248	237Carbon 15 pistol, Chiappa Firearms M4 Pistol GEN II, CORE Rifle Systems CORE15 Roscoe
249	249	238pistol, Daniel Defense MK18 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol,
250	250	239Jesse James Nomad AR-15 pistol, Olympic Arms AR-15 pistol, Osprey Armament MK-18 13 of 129
251	251	240pistol, POF USA AR pistols, Rock River Arms LAR 15 pistol and Uselton Arms Air-Lite M-4
252	252	241pistol;
253	253	242 (iii) Calico pistols;
254	254	243 (iv) CZ Scorpion and CZ BREN;
255	255	244 (v) DSA SA58 PKP FAL pistol;
256	256	245 (vi) Encom MP-9 and MP-45;
257	257	246 (vii) Heckler & Koch model SP-89 pistol;
258	258	247 (viii) Intratec AB-10, TEC-22 Scorpion, TEC-9 and TEC-DC9;
259	259	248 (ix) IWI Galil Ace pistol, UZI PRO pistol;
260	260	249 (x) Kel-Tec PLR 16 pistol;
261	261	250 (xi) All MAC types, including the following: MAC-10, MAC-11, Masterpiece Arms
262	262	251MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol and MPA Mini Tactical Pistol,
263	263	252Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;
264	264	253 (xii) Sig Sauer P556 pistol;
265	265	254 (xiii) Sites Spectre;
266	266	255 (xiv) All Thompson types, including the following: TA510D and TA5; and
267	267	256 (xv) All UZI types, including Micro-UZI.
268	268	257 (g) All of the following shotguns: 14 of 129
269	269	258 (i) DERYA Anakon MC-1980, Anakon SD12;
270	270	259 (ii) Doruk Lethal shotguns;
271	271	260 (iii) Franchi LAW-12 and SPAS 12;
272	272	261 (iv) All IZHMASH Saiga 12 types, including the following: Saiga 12, Saiga 12S, Saiga
273	273	26212S EXP-01, Saiga 12K, Saiga 12K-030, Saiga 12K-040 Taktika;
274	274	263 (v) Street Sweeper; and
275	275	264 (vi) Striker 12.
276	276	265 (h) Any shotgun with a revolving cylinder.
277	277	266 (i) All belt-fed semiautomatic firearms, including TNW M2HB and FN M249S.
278	278	267 (j) a copy or duplicate of any firearm meeting the standards of or enumerated in clauses
279	279	268(d) to (i), inclusive; provided, that for the purposes of this subsection, “copy or duplicate” shall
280	280	269mean a firearm: (A) that was manufactured or subsequently configured with an ability to accept a
281	281	270detachable magazine; and (B)(i) that has internal functional components that are substantially
282	282	271similar in construction and configuration to those of an enumerated weapon in clauses (d) to (i),
283	283	272inclusive; or (ii) that has a receiver that is the same as or interchangeable with the receiver of an
284	284	273enumerated weapon in said clauses.
285	285	274 (k) “Assault-style firearm” shall not include any: (i) firearm that is operated by manual
286	286	275bolt, pump, lever or slide action; (ii) firearm that has been rendered permanently inoperable or
287	287	276otherwise rendered permanently unable to be designated as a semiautomatic assault-style
288	288	277firearm; (iii) firearm that is an antique or relic, theatrical prop or other firearm that is not capable 15 of 129
289	289	278of firing a projectile and which is not intended for use as a functional firearm and cannot be
290	290	279readily modified through a combination of available parts into an assault-style firearm; or (iv)
291	291	280semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or
292	292	281detachable feeding device.
293	293	282 “Assemble”, to fit together a firearm’s component parts; provided, however, that
294	294	283“assemble” shall not include firearm reassembly, repair or the fitting of special barrels, stocks or
295	295	284trigger mechanisms to firearms.
296	296	285 “Automatic conversion”, any modification made to a firearm or any part capable of being
297	297	286attached to a firearm that allows for the automatic discharge of more than 1 shot with 1
298	298	287continuous activation of the trigger.
299	299	288 “Automatic part”, any part capable of being attached to a firearm that allows for the
300	300	289automatic discharge of more than 1 shot with 1 continuous activation of the trigger.
301	301	290 “Bona fide collector of firearms”, a licensed collector pursuant to 18 U.S.C. section
302	302	291923(b).
303	303	292 SECTION 21. Said section 121 of said chapter 140, as so appearing, is hereby further
304	304	293amended by inserting after the definition of “Bump stock”, the following definition:-
305	305	294 “Common long gun”, a rifle or shotgun that is not a large capacity firearm and cannot
306	306	295produce semiautomatic or automatic fire.
307	307	296 SECTION 22. Said section 121 of said chapter 140, as so appearing, is hereby further
308	308	297amended by striking out, in line 43, the words “131R to 131Y” and inserting in place thereof the
309	309	298following words:- 131 to 131H. 16 of 129
310	310	299 SECTION 23. Said section 121 of said chapter 140, as so appearing, is hereby further
311	311	300amended by inserting after the definition of “Court” the following 2 definitions:-
312	312	301 “Covert firearm”, a firearm placed in a camouflaging firearm container, or a firearm that
313	313	302is not a stun gun, that is capable of discharging a bullet or shot and is constructed in a shape that
314	314	303does not resemble a firearm or is not immediately recognizable as a firearm, including, but not
315	315	304limited to, zip guns, concealed bolt guns, folding guns and any other weapon that resemble key-
316	316	305chains, pens, canes, wallets, flashlights, cigarette-lighters or cigarette-packages, flare guns, pellet
317	317	306guns and bb gun conversion kits.
318	318	307 “Curio or relic firearms”, firearms which are of special interest to collectors because they
319	319	308possess some qualities not ordinarily associated with firearms intended for sporting use or as
320	320	309offensive or defensive weapons.
321	321	310 SECTION 24. Said section 121 of said chapter 140, as so appearing, is hereby further
322	322	311amended by striking out the definition of “Deceptive weapon device” and inserting in place
323	323	312thereof the following definition:-
324	324	313 “Deceptive firearm device”, any device that is intended to convey the presence of a
325	325	314firearm that is used in the commission of a violent crime and that presents an objective threat of
326	326	315immediate death or serious bodily harm to a person of reasonable and average sensibility.
327	327	316 SECTION 25. Said section 121 of said chapter 140, as so appearing, is hereby further
328	328	317amended by striking out, in lines 54 to 56, inclusive, the words “firearm identification card
329	329	318which the respondent may hold and ordering the respondent to surrender all firearms, rifles,
330	330	319shotguns, machine guns” and inserting in place thereof the following words:- long gun permit
331	331	320which the respondent may hold and ordering the respondent to surrender all firearms. 17 of 129
332	332	321 SECTION 26. Said section 121 of said chapter 140, as so appearing, is hereby further
333	333	322amended by striking out the definitions of “Firearm”, “Gunsmith” and “Imitation firearm” and
334	334	323inserting in place thereof the following 5 definitions:-
335	335	324 “Feeding device”, any magazine, belt, strip, drum or similar device that holds
336	336	325ammunition for a firearm, whether fixed or detachable from a firearm.
337	337	326 “Firearm”, a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity
338	338	327firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may
339	339	328readily be converted to expel a shot or bullet; the frame or receiver of any such firearm;
340	340	329provided, however, that “firearm” shall not include any antique firearm or permanently
341	341	330inoperable firearm.
342	342	331 “Frame”, the part of a pistol or revolver that provides housing or a structure for the
343	343	332component designed to hold back the hammer, striker, bolt or similar primary energized
344	344	333component prior to initiation of the firing sequence, even if pins or other attachments are
345	345	334required to connect such component to the housing or structure. Any such part that is identified
346	346	335with an importer’s or manufacturer’s serial number shall be presumed, absent an official
347	347	336determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States
348	348	337Department of Justice or other reliable evidence to the contrary, to be the frame of the firearm.
349	349	338 “Gunsmith”, any person who engages in the business of repairing, altering, cleaning,
350	350	339polishing, engraving, blueing or performing any mechanical operation on any firearm.
351	351	340 “Imitation firearm”, any firearm which is designed, manufactured or altered in such a
352	352	341way as to render it incapable of discharging a shot or bullet. 18 of 129
353	353	342 SECTION 27. Said section 121 of said chapter 140, as so appearing, is hereby further
354	354	343amended by striking out the definition of “Large capacity feeding device” and inserting in place
355	355	344thereof the following definition:-
356	356	345 “Large capacity feeding device”, (i) a fixed or detachable magazine, belt, drum, feed strip
357	357	346or similar device that has a capacity of, or that can be readily converted to accept, more than 10
358	358	347rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts
359	359	348from which a device can be assembled if those parts are in the possession or control of the same
360	360	349person. “Large capacity feeding device” shall not include: (i) any device that has been
361	361	350permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more
362	362	351than 5 shotgun shells; (ii) an attached tubular device designed to accept and capable of operating
363	363	352only with .22 caliber rimfire ammunition; or (iii) a tubular magazine that is contained in a lever-
364	364	353action firearm or on a pump shotgun.
365	365	354 SECTION 28. Said section 121 of said chapter 140, as so appearing, is hereby further
366	366	355amended by striking out the definition of “Large capacity weapon” and inserting in place thereof
367	367	356the following definition:-
368	368	357 “Large capacity firearm”, any firearm that: (i) is semiautomatic with a fixed large
369	369	358capacity feeding device; (ii) is semiautomatic and capable of accepting, or readily modifiable to
370	370	359accept, any detachable large capacity feeding device when both are in the same person’s
371	371	360possession or under their control in a vehicle; (iii) employs a rotating cylinder capable of
372	372	361accepting more than 10 rounds of ammunition or more than 5 shotgun shells; or (iv) is an
373	373	362assault-style firearm. The term “large capacity firearm” shall be a secondary designation and
374	374	363shall apply to a weapon in addition to its primary designation as a firearm, and shall not include, 19 of 129
375	375	364any firearm that: (i) operates by manual bolt, pump, lever or slide action; (ii) is a single-shot
376	376	365weapon; (iii) has been modified so as to render it permanently inoperable or otherwise rendered
377	377	366permanently unable to be designated a large capacity firearm; or (iv) is an antique or relic,
378	378	367theatrical prop or other weapon that is not capable of firing a projectile and which is not intended
379	379	368for use as a functional weapon and cannot be readily modified through a combination of
380	380	369available parts into an operable large capacity firearm.
381	381	370 SECTION 29. Said section 121 of said chapter 140, as so appearing, is hereby further
382	382	371amended by inserting, in line 119, after the word “them” the following words:- ; provided,
383	383	372however, that should no such chief or officer exist the colonel of the state police or their designee
384	384	373shall act as the licensing authority.
385	385	374 SECTION 30. Said section 121 of said chapter 140, as so appearing, is hereby further
386	386	375amended by striking out the definition of “Machine gun” and inserting in place thereof the
387	387	376following 4 definitions:-
388	388	377 “Machine gun”, a firearm, loaded or unloaded, which may automatically discharge more
389	389	378than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or
390	390	379modified by automatic conversion, including through the use of an automatic part; provided, that
391	391	380“machine gun” shall include a submachine gun.
392	392	381 “Manufacture”, to fabricate, make, form, produce or construct, by manual labor or by
393	393	382machinery, a firearm; provided, however, that “manufacture” shall not include firearm
394	394	383reassembly, firearm repair or the making or fitting of special barrels, stocks or trigger
395	395	384mechanisms to firearms. 20 of 129
396	396	385 “Nonresident”, a person who is temporarily in the commonwealth but legally resides in
397	397	386another state or territory of the United States.
398	398	387 “Permanently embedded”, applied in such a way that cannot be easily or readily removed
399	399	388without destroying the part to which it is applied.
400	400	389 SECTION 31. Said section 121 of said chapter 140, as so appearing, is hereby further
401	401	390amended by striking out the definitions of “Petition” and “Petitioner” and inserting in place
402	402	391thereof the following 3 definitions:-
403	403	392 “Petition”, as used in sections 131 to 131H, inclusive, a request filed with the court by a
404	404	393petitioner for the issuance or renewal of an extreme risk protection order.
405	405	394 “Petitioner”, as used in sections 131 to 131H, inclusive, the individual that is filing the
406	406	395petition and is a: (i) family or household member; (ii) law enforcement agency or officer, as
407	407	396defined in section 1 of chapter 6E; (iii) health care provider that provided health care services to
408	408	397the respondent within the preceding 6 months; provided, that for the purposes of this clause
409	409	398“health care provider” shall include a: licensed physician, licensed physician assistant, registered
410	410	399nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse specialist,
411	411	400certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed psychologist,
412	412	401licensed mental health counselor, licensed marriage and family therapist, licensed alcohol and
413	413	402drug counselor, licensed independent clinical social worker or licensed certified social worker;
414	414	403(iv) principal or assistant principal of an elementary school or secondary school, or administrator
415	415	404of a college or university where the respondent is enrolled; or (v) employer of the respondent.
416	416	405 “Privately made firearm”, a firearm manufactured or assembled by an individual who is
417	417	406not a licensed manufacturer; provided, however, that “privately made firearm” shall not include 21 of 129
418	418	407firearms manufactured or assembled by persons licensed under section 125 in the course of their
419	419	408business activities.
420	420	409 SECTION 32. Said section 121 of said chapter 140, as so appearing, is hereby further
421	421	410amended by striking out the definition of “Respondent” and inserting in place thereof the
422	422	411following 2 definitions:-
423	423	412 “Receiver”, the part of a rifle or shotgun that provides housing or a structure for the
424	424	413primary component designed to block or seal the breech prior to initiation of the firing sequence,
425	425	414even if pins or other attachments are required to connect such component to the housing or
426	426	415structure. Any such part that is identified with an importer’s or manufacturer’s serial number
427	427	416shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms
428	428	417and Explosives in the United States Department of Justice or other reliable evidence to the
429	429	418contrary, to be the receiver of the weapon.
430	430	419 “Respondent”, as used in sections 131 to 131H, inclusive, the person identified as the
431	431	420respondent in a petition against whom an extreme risk protection order is sought.
432	432	421 SECTION 33. Said section 121 of said chapter 140, as so appearing, is hereby further
433	433	422amended by striking out, in lines 136, 139, 140 and 147, the word “weapon”, each time it
434	434	423appears, and inserting in place thereof, in each instance, the following word:- firearm.
435	435	424 SECTION 34. Said section 121 of said chapter 140, as so appearing, is hereby further
436	436	425amended by inserting after the definition of “Sawed-off shotgun” the following 2 definitions:-
437	437	426 “Secured in a locked container”, secured in a container that is capable of being unlocked
438	438	427only by means of a key, combination or similar means, including in an unoccupied motor 22 of 129
439	439	428vehicle, a locked trunk not accessible from the passenger compartment, a locked console or
440	440	429locked glovebox.
441	441	430 “Self-defense spray”, chemical mace, pepper spray or any device or instrument which
442	442	431contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.
443	443	432 SECTION 35. Said section 121 of said chapter 140, as so appearing, is hereby further
444	444	433amended by inserting after the definition of “Semiautomatic” the following 2 definitions:-
445	445	434 “Serial number”, an identifying number placed on a firearm by a federally licensed
446	446	435firearms manufacturer, importer or dealer who is authorized by federal law to serialize firearms,
447	447	436or a serial number issued by the director of the Bureau of Alcohol, Tobacco, Firearms and
448	448	437Explosives in the United States Department of Justice or the department of criminal justice
449	449	438information services.
450	450	439 “Serialization”, the process of conspicuously engraving, casting or otherwise
451	451	440permanently embedding a unique serial number on a firearm frame or receiver; provided, that the
452	452	441serial number shall be placed in a manner not susceptible to being readily obliterated, altered or
453	453	442removed and shall be engraved, cast or otherwise permanently embedded to a depth of not less
454	454	443than .003 inches and in a print size not less than 1/16 inch; and provided further, that
455	455	444serialization of firearms, frames and receivers made from non-metallic materials shall be
456	456	445accomplished by using a metal plate permanently embedded in the material of the frame or
457	457	446receiver.
458	458	447 SECTION 36. Said section 121 of said chapter 140, as so appearing, is hereby further
459	459	448amended by striking out the definition of “Trigger crank” and inserting in place thereof the
460	460	449following 3 definitions:- 23 of 129
461	461	450 “Trigger modifier”, any modification that repeatedly activates the trigger of a firearm,
462	462	451including, but not limited to, trigger cranks, binary triggers and hellfire triggers.
463	463	452 “Undetectable firearm”, (i) a firearm that after the removal of grips, stocks and
464	464	453magazines, is not detectable by walk-through metal detectors calibrated and operated to detect
465	465	454the security exemplar as defined in 18 U.S.C. Section 922(p)(2)(C); or (ii) a major component of
466	466	455a firearm as defined in 18 U.S.C. Section 922(p)(2)(B) that, when inspected by detection devices
467	467	456commonly used at secure public buildings and transit stations, does not generate an image that
468	468	457accurately depicts the shape of the component.
469	469	458 “Untraceable firearm”, a firearm that has not been serialized or a firearm whose serial or
470	470	459other identification number has been removed, defaced, altered, obliterated or mutilated in any
471	471	460manner.
472	472	461 SECTION 37. Said section 121 of said chapter 140, as so appearing, is hereby further
473	473	462amended by striking out lines 175 to 192, inclusive.
474	474	463 SECTION 38. Said chapter 140 is hereby amended by striking out section 121A, as so
475	475	464appearing, and inserting in place thereof the following 3 sections:-
476	476	465 Section 121A. (a) A licensing authority shall, within 40 days from the date of receipt of a
477	477	466completed application for any license or permit issued under sections 124 to 124C, inclusive,
478	478	467124E, 125 or 125B, or renewal of the same, either approve the application and issue the license
479	479	468or permit or deny the application and notify the applicant of the reason for such denial in writing;
480	480	469provided, however, that no license or permit shall be issued unless the colonel of the state police
481	481	470has certified that the information available indicates that issuing the license or permit is not in
482	482	471violation of state or federal law. 24 of 129
483	483	472 (b) Upon receiving the application, the licensing authority shall provide the applicant
484	484	473with a receipt that includes: (i) the applicant’s name and address, current license or permit
485	485	474number and expiration date, if any; (ii) the date the licensing authority received the application;
486	486	475(iii) the name, address and telephone number of the licensing authority or its agent that received
487	487	476the application; (iv) the type of application; and (v) whether the application is for a new license
488	488	477or permit or renewal of the same.
489	489	478 (c) Within 7 days of receipt of the completed application the licensing authority shall
490	490	479forward 1 copy of the application and 1 copy of the applicant’s fingerprints to the colonel of the
491	491	480state police; provided, however, that the taking of fingerprints shall not be required in issuing a
492	492	481renewal if the applicant’s fingerprints are on file with the department of the state police.
493	493	482 (d) The colonel of the state police shall, within 30 days of receipt of the application and
494	494	483fingerprints, advise the licensing authority, in writing, of any disqualifying criminal record of the
495	495	484applicant arising from within or without the commonwealth and whether there is reason to
496	496	485believe that the applicant is disqualified from possessing the license or permit requested. If the
497	497	486information available to the colonel does not indicate that issuing the license would be in
498	498	487violation of state or federal law, the colonel shall certify such fact to the licensing authority
499	499	488within said 30-day period. In searching for any disqualifying history of the applicant, the colonel
500	500	489shall: (i) utilize, or cause to be utilized, files maintained by the department of probation and
501	501	490statewide and nationwide criminal justice, warrant and protection order information systems and
502	502	491files including, but not limited to, the National Instant Criminal Background Check System; and
503	503	492(ii) inquire of the commissioner of the department of mental health relative to whether the
504	504	493applicant is disqualified from receiving a license or permit. 25 of 129
505	505	494 (e) The licensing authority may also make inquiries concerning an applicant to: (i) the
506	506	495commissioner of the department of criminal justice information services relative to any
507	507	496disqualifying condition, prior license or permit information, records of purchases, sales, rentals,
508	508	497leases and transfers of firearms or ammunition concerning the applicant; (ii) the commissioner of
509	509	498probation relative to any record contained within the department of probation or the statewide
510	510	499domestic violence record keeping system concerning the applicant; and (iii) the commissioner of
511	511	500the department of mental health relative to whether the applicant is a suitable person to possess
512	512	501firearms. The director or commissioner to whom the licensing authority makes such an inquiry
513	513	502shall provide prompt and full cooperation with any investigation of the applicant.
514	514	503 (f) Whoever knowingly files an application for any license or permit pursuant to sections
515	515	504124 to 124C, inclusive,124E, 125 or 125B containing false information or knowingly issues any
516	516	505such license or permit in violation of this chapter shall be punished by a fine of not less than
517	517	506$500 nor more than $1,000 or by imprisonment for not less than 6 months nor more than 2 years
518	518	507in a house of correction, or by both such fine and imprisonment.
519	519	508 Section 121B. (a) The application for any license or permit pursuant to sections 124 to
520	520	509124C, inclusive, 124E, 125 or 125B, shall be made in a standard form provided by the
521	521	510commissioner of the department of criminal justice information services, which shall require the
522	522	511applicant, or parent or guardian of a minor, to affirmatively state, under the pains and penalties
523	523	512of perjury, that the applicant is not disqualified on any of the grounds enumerated in section 123
524	524	513from being issued such license or permit.
525	525	514 (b) A licensing authority shall record in books, forms or electronic files kept for that
526	526	515purpose on the premises, and on the electronic firearms registration system created by the 26 of 129
527	527	516department of criminal justice information services pursuant to section 122, when produced or
528	528	517received, all: (i) license and permit applications, receipts, fees, affidavits, license location
529	529	518transfers and training certificates; (ii) issued licenses and permits, and denials, revocations and
530	530	519suspensions of the same; (iii) decisions of the firearm licensing review board; and (iv) firearm
531	531	520transfers, including deliveries, seizures, surrenders, loss or theft or disposals. The department
532	532	521shall ensure automatic notification to the licensing authority of the existence of any disqualifying
533	533	522condition discovered or occurring subsequent to the issuance of said license or permit.
534	534	523 (c) Any license or permit issued under sections 124 to 124B, inclusive, and section 124E
535	535	524shall be issued in a standard form provided by the department of criminal justice information
536	536	525services in a size and shape equivalent to that of a license to operate motor vehicles issued by the
537	537	526registry of motor vehicles pursuant to section 8 of chapter 90 and shall be clearly marked with
538	538	527the license or permit name. It shall contain a license or permit number, name, address,
539	539	528photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and
540	540	529signature of the licensee or permit-holder and shall provide, in a legible font size and style, the
541	541	530telephone number for the 988 Suicide and Crisis Lifeline.
542	542	531 Section 121C. (a) Notwithstanding any general or special law, rule or regulation to the
543	543	532contrary, the colonel of state police, in conjunction with the secretary of public safety and
544	544	533security, shall promulgate rules and regulations implementing a statewide firearm surrender
545	545	534program.
546	546	535 (b) Any resident of the commonwealth who complies with the policies set forth by the
547	547	536colonel for the statewide firearm surrender program shall not be asked for identification and shall
548	548	537be immune from prosecution for possession of any firearm surrendered pursuant to this section; 27 of 129
549	549	538provided, however, that nothing herein shall prohibit the prosecution of any person for the
550	550	539unlawful possession of a firearm who is not in compliance with the conditions and procedures
551	551	540established by the colonel; and provided further, that nothing herein shall prohibit the
552	552	541prosecution of any person for any other offense committed within the commonwealth.
553	553	542 (c) Any firearm surrendered under the statewide firearm surrender program that is
554	554	543reported lost or stolen shall be returned to its lawful owner; provided, however, that any firearm,
555	555	544suspected to be evidence in a crime shall remain in the custody and control of the department of
556	556	545state police in the same manner as any other such firearm lawfully seized by the department of
557	557	546state police. The department of state police may test-fire and preserve any and all firearms
558	558	547voluntarily surrendered. All firearms that have been voluntarily surrendered that are not
559	559	548suspected to be evidence of criminal activity and have not been reported stolen shall be disposed
560	560	549of in accordance with procedures established by the colonel.
561	561	550 SECTION 39. Said chapter 140, is hereby further amended by striking out section 122, as
562	562	551so appearing, and inserting in place thereof the following section:-
563	563	552 Section 122. (a)(1) The department of criminal justice information services shall develop
564	564	553and maintain a real time electronic firearms registration system. All firearms possessed,
565	565	554manufactured or assembled in the commonwealth shall be registered in accordance with this
566	566	555section. Firearm registration shall be completed via the real time electronic firearms registration
567	567	556system developed and maintained by the department of criminal justice information services and
568	568	557shall include, but not be limited to, the following information: (i) the registrant’s name, address
569	569	558and contact information; (ii) the registrant’s license or permit type, license or permit number and
570	570	559expiration date or documentation of exemption pursuant to sections 127 or 127A; (iii) the type of 28 of 129
571	571	560firearm; (iv) the date the firearm was acquired; (v) the name and address of the source from
572	572	561which the firearm was obtained, including the name and address of the prior registrant if
573	573	562applicable; (vi) whether the firearm is a privately made firearm; and (vii) a statement signed by
574	574	563the registrant under the pains and penalties of perjury that they are properly licensed, permitted
575	575	564or exempted under the laws of the commonwealth and are not otherwise prohibited from owning
576	576	565or possessing a firearm.
577	577	566 (2) Firearm registration shall be completed at the time of firearm import, purchase,
578	578	567acquisition, manufacture or assembly; provided, however, that a firearm may be: (i) registered
579	579	568within 60 days if imported by a new resident of the commonwealth; (ii) registered within 7 days
580	580	569if imported by a licensed dealer, gunsmith, distributor or manufacturer; (iii) registered within 60
581	581	570days if acquired by an heir or devisee through distribution of an estate; or (iv) registered within 7
582	582	571days if manufactured or assembled as a privately-made firearm.
583	583	572 (b) All firearm transactions within the commonwealth, including, but not limited to, all
584	584	573purchases, sales, rentals, leases, loans or other transfers shall be reported to the electronic
585	585	574firearms registration system. All firearm transactions shall be reported by all parties to the
586	586	575transaction via the electronic firearms registration system within 7 days of the sale, rental, lease,
587	587	576loan or other transfer; provided, however, that no report shall be required for a loan of a firearm
588	588	577to a duly licensed or exempted person for a period of less than 7 days.
589	589	578 (c) Any loss or theft of a firearm shall be reported by the owner thereof via the electronic
590	590	579firearms registration system within 7 days to the licensing authority or the department of state
591	591	580police where it is registered and the department of criminal justice information services. Such
592	592	581report shall include, but shall not limited to, a complete description of the firearm, including the 29 of 129
593	593	582make, model, serial number and caliber and whether it is a large capacity firearm. The electronic
594	594	583firearms registration system shall provide automatic and immediate notification to the licensing
595	595	584authority in the town or city where the owner resides and where the license or permit was issued.
596	596	585 (d) This section shall not apply to firearms: (i) being delivered to law enforcement for the
597	597	586sole purpose of their destruction; (ii) possessed by common carriers and their duly authorized
598	598	587employees and agents while performing the regular and ordinary transport of firearms as
599	599	588merchandise for customers licensed to permit such transport; (iii) possessed by individuals
600	600	589lawfully traveling through the commonwealth in the care and custody of a nonresident owner;
601	601	590provided, that the firearms are stored in accordance with sections 126B and 126C; (iv) that are
602	602	591the property of the government of the United States; or (v) produced by federally licensed
603	603	592manufacturers not for sale in the commonwealth.
604	604	593 (e) Whoever fails to register a firearm in violation of subsection (a), or fails to report a
605	605	594transaction, loss or theft in violation of subsections (b) or (c) shall be punished as follows: (i) by
606	606	595a fine of not more than $1,000 for a first offense; (ii) by a fine of not more than $7,500 or
607	607	596imprisonment up to 6 months, or by both such fine and imprisonment, for a second offense; or
608	608	597(iii) by a fine of not more than $10,000 or imprisonment for not less than 1 year nor more than 5
609	609	598years, or by both such fine and imprisonment, for a third or subsequent offense. Failure to report
610	610	599shall also be a cause for suspension or permanent revocation of a person’s license or permit.
611	611	600 (f) The executive office of public safety and security shall promulgate regulations for the
612	612	601implementation of this section, which shall include information required for the registration and
613	613	602reporting of firearms, public notice and an outreach campaign to promote awareness of this
614	614	603section. 30 of 129
615	615	604 SECTION 40. Said chapter 140 is hereby further amended by striking out section 122A,
616	616	605as so appearing, and inserting in place thereof the following section:-
617	617	606 Section 122A. (a) All firearms shall have a serial number in accordance with the
618	618	607requirements of this section. To meet serialization requirements all firearms shall be
619	619	608conspicuously engraved, cast or otherwise permanently embedded with a unique serial number
620	620	609on the frame or receiver; provided, that the serial number shall be placed in a manner not
621	621	610susceptible of being readily obliterated, altered or removed and shall be engraved, cast or
622	622	611otherwise permanently embedded to a depth of not less than .003 inches and in a print size not
623	623	612less than 1/16 inch; provided further, that the serialization of firearms, frames and receivers made
624	624	613from non-metallic materials shall be accomplished by using a metal plate permanently embedded
625	625	614in the material of the frame or receiver.
626	626	615 (b) No person shall knowingly possess, manufacture, assemble, offer for sale, sell or
627	627	616otherwise transfer or import an untraceable firearm in the commonwealth; provided, however,
628	628	617that lawfully owned firearms imported or acquired by: (i) new residents moving into the
629	629	618commonwealth or acquired by heirs or devisees through distribution of an estate shall be
630	630	619serialized within 60 days of import or acquisition; and (ii) licensed firearms dealers, gunsmiths,
631	631	620distributors or manufacturers shall be serialized within 7 days of import or acquisition.
632	632	621 (c) No person shall manufacture or assemble a privately made firearm without: (i)
633	633	622obtaining a unique serial number from the department of criminal justice information services
634	634	623prior to manufacture or assembly; (ii) serializing the firearm with the obtained serial number
635	635	624during manufacture or assembly; and (iii) registering the firearm with the department of criminal 31 of 129
636	636	625justice information services in accordance with section 122 within 7 days of the firearm’s
637	637	626manufacture or assembly.
638	638	627 (d) No person shall manufacture or assemble a privately made firearm that does not
639	639	628comply with all relevant state and federal safety regulations.
640	640	629 (e) The department of criminal justice information services shall develop and maintain a
641	641	630serial number request system to electronically receive, record and process requests for a unique
642	642	631serial number in accordance with this section. The serial number request system shall be
643	643	632integrated with the electronic firearms registration system maintained by the department of
644	644	633criminal justice information services pursuant to section 122 and shall be able to register all
645	645	634firearms and report firearm transactions pursuant to said section 122, and ensure that all data on
646	646	635privately made firearms is available for data collection pursuant to sections 122B and tracing
647	647	636purposes pursuant to section 122C.
648	648	637 (f) Requests for a unique serial number through the serial number request system shall
649	649	638include information on the person requesting a unique serial number, whether the request is for a
650	650	639privately made firearm, the type of firearm to be serialized and, if privately made, the means and
651	651	640manner of its production.
652	652	641 (g) The requirements of this section shall not apply to firearms: (i) being delivered to law
653	653	642enforcement for the sole purpose of their destruction; (ii) possessed by common carriers and their
654	654	643duly authorized employees and agents while performing the regular and ordinary transport of
655	655	644firearms as merchandise for customers licensed to permit such transport; (iii) possessed by
656	656	645individuals lawfully traveling through the commonwealth in the care and custody of a
657	657	646nonresident owner provided that the firearms are stored in accordance with sections 126B and 32 of 129
658	658	647126C; (iv) that are the property of the government of the United States; or (v) produced by
659	659	648federally licensed manufacturers not for sale in the commonwealth.
660	660	649 (h) The executive office of public safety and security, in consultation with the department
661	661	650of criminal justice information services, shall promulgate rules and regulations for the
662	662	651implementation of this section, including technical requirements for the serialization of firearms,
663	663	652procedures for requesting serial numbers and procedures for public notice and an outreach
664	664	653campaign to promote awareness of this section.
665	665	654 SECTION 41. Said chapter 140 is hereby further amended by striking out section 122B,
666	666	655as so appearing, and inserting in place thereof the following section:-
667	667	656 Section 122B. (a) The department of criminal justice information services, in
668	668	657collaboration with the executive office of public safety and security and the executive office of
669	669	658technology services and security, shall collect, assemble and publish data and other information
670	670	659relating to the use of firearms in the commonwealth.
671	671	660 (b) State and local agencies, including, but not limited to, the department of the state
672	672	661police, licensing authorities and other criminal justice agencies, as defined in section 167 of
673	673	662chapter 6, shall provide timely access to information requested by the department of criminal
674	674	663justice information services pursuant to this section.
675	675	664 (c) The department of criminal justice information services shall make non-personally
676	676	665identifying data accessible to the general public through the publication of an online dashboard
677	677	666updated at least quarterly. This dashboard shall include, but shall not be limited to: 33 of 129
678	678	667 (1) The following aggregate data on the issuance of firearm licenses and permits pursuant
679	679	668to sections 124 to 124B, inclusive, of chapter 140:
680	680	669 (i) the age, gender, race, ethnicity and municipality of applicants for a license to carry;
681	681	670 (ii) the age, gender, race, ethnicity and municipality of individuals whose applications for
682	682	671a license to carry were denied;
683	683	672 (iii) the age, gender, race, ethnicity and municipality of applicants for a long gun permit;
684	684	673and
685	685	674 (iv) the age, gender, race, ethnicity and municipality of individuals whose applications
686	686	675for a long gun permit were denied.
687	687	676 (2) The following aggregate data on firearm-involved violence, including, but not limited
688	688	677to, firearm-involved crimes and attempted or completed suicides using firearms:
689	689	678 (i) the type of firearm-involved violence, for example, attempted or completed suicide,
690	690	679homicide, accidental shooting, or other firearm-involved crime;
691	691	680 (ii) the age, gender, race and ethnicity of the firearm user;
692	692	681 (iii) the age, gender, race and ethnicity of any victims of firearm-involved violence;
693	693	682 (iv) the geographic location of the firearm-involved violence;
694	694	683 (v) the firearms license status of the firearm user;
695	695	684 (vi) whether the firearm user, at the time of the incident, would be considered a
696	696	685prohibited person as described in section 123; 34 of 129
697	697	686 (vii) whether the firearm user was arrested as a result of the incident;
698	698	687 (viii) the disposition of any prosecution;
699	699	688 (ix) whether the firearm was used in connection with known gang activity, a domestic
700	700	689dispute or police interaction;
701	701	690 (x) the make, model, manufacturer and state or country of origin of the involved firearm;
702	702	691 (xi) the origin, source and secondary market of the involved firearm, including whether it
703	703	692was purchased from a licensed dealer or private seller;
704	704	693 (xii) whether the involved firearm was lost, stolen or otherwise illegally obtained; and
705	705	694 (xiii) whether the involved firearm was untraceable or a privately made firearm,
706	706	695including the manner in which it was produced.
707	707	696 (d) The department of criminal justice information services, in coordination with the
708	708	697executive office of public safety and security and the executive office of technology services and
709	709	698security, shall promulgate rules and regulations to ensure prompt collection, exchange, and
710	710	699publication of the firearm licensing information under this section.
711	711	700 SECTION 42. Said chapter 140 is hereby further amended by striking out section 122C,
712	712	701as so appearing, and inserting in place thereof the following section:-
713	713	702 Section 122C. (a) A firearm used to carry out a criminal act shall be traced by the
714	714	703licensing authority for the city or town in which the crime took place or the law enforcement
715	715	704agency taking possession of the firearm. Said authority or agency shall report all available
716	716	705statistical data to the department of criminal justice information services. This statistical data 35 of 129
717	717	706shall include, but not be limited to: (i) the make, model, serial number and caliber of the firearm
718	718	707used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv)
719	719	708whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was
720	720	709retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known
721	721	710gang activity; (vii) whether the firearm was obtained illegally; (viii) whether the firearm was lost
722	722	711or stolen; and (ix) whether the person using the firearm was otherwise a prohibited person.
723	723	712 (b) The department of criminal justice information services shall ensure that data reported
724	724	713pursuant to this section is automatically transmitted into the federal electronic system maintained
725	725	714by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of
726	726	715Justice and to the commonwealth fusion center or the criminal firearms and trafficking unit
727	727	716within the division of investigation and intelligence in the department of state police established
728	728	717in section 6 of chapter 22C. The colonel of state police shall produce an annual report not later
729	729	718than December 31 regarding crimes committed in the commonwealth using firearms, including
730	730	719all of the categories of data contained in this section, and shall submit a copy of the report to the
731	731	720joint committee on public safety and homeland security, the clerks of the house of
732	732	721representatives and the senate and, upon request, to criminology, public policy and public health
733	733	722researchers and other law enforcement agencies.
734	734	723 SECTION 43. Section 122D of said chapter 140 is hereby repealed.
735	735	724 SECTION 44. Said chapter 140 is hereby further amended by striking out section 123, as
736	736	725appearing in the 2022 Official Edition, and inserting in place thereof the following 5 sections:-
737	737	726 Section 123. (a) A licensing authority shall deny any application for a license or permit
738	738	727issued under sections 124 to 124B, inclusive, 124E, 125 or 125B or renewal thereof, to a person 36 of 129
739	739	728the licensing authority determines to be a prohibited person. A prohibited person shall be a
740	740	729person who:
741	741	730 (i) has ever, in a court of the commonwealth or in any other state or federal jurisdiction,
742	742	731been convicted or adjudicated as a youthful offender or delinquent child or both, as defined in
743	743	732section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by
744	744	733imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a
745	745	734violation of any law regarding the use, possession, ownership or transfer of firearms or
746	746	735ammunition for which a term of imprisonment may be imposed; (E) a violation of any law of the
747	747	736commonwealth regulating the use, possession or sale of controlled substances, as defined in
748	748	737section 1 of chapter 94C; or (F) a misdemeanor crime of domestic violence as defined in 18
749	749	738U.S.C. 921(a)(33); provided, however, that, the commission of a crime described in clauses (B),
750	750	739(D) or (E) shall only disqualify an applicant for a long gun permit under section 124A for 5 years
751	751	740after the applicant was convicted or adjudicated or released from confinement, probation or
752	752	741parole supervision for such conviction or adjudication, whichever occurs later;
753	753	742 (ii) is or has been: (A) committed to a hospital or institution for mental illness or alcohol
754	754	743or substance use disorder, except a commitment pursuant to sections 35 or 36C of chapter 123,
755	755	744unless after 5 years from the date of the confinement the applicant submits with the application
756	756	745for a license or permit an affidavit of a licensed physician or clinical psychologist attesting
757	757	746familiarity with the applicant’s mental illness or alcohol or substance use disorder and that in the
758	758	747physician’s or psychologist’s opinion, the applicant is not suffering from a mental illness or
759	759	748alcohol or substance use disorder in a manner that shall prevent the applicant from possessing a
760	760	749licensed firearm or permitted long gun; (B) committed by a court order to a hospital or institution
761	761	750for mental illness, unless the applicant was granted a petition for relief of the court order 37 of 129
762	762	751pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the
763	763	752application for a license or permit; (C) subject to an order of the probate court appointing a
764	764	753guardian or conservator for an incapacitated person on the grounds that the applicant lacks the
765	765	754mental capacity to contract or manage the applicant’s affairs, unless the applicant was granted a
766	766	755petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and
767	767	756submits a copy of the order with the application for a license or permit; or (D) found to be a
768	768	757person with an alcohol use disorder or substance use disorder or both and committed pursuant to
769	769	758said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the
770	770	759court order pursuant to said section 35 of said chapter 123 and submits a copy of the court order
771	771	760with the application;
772	772	761 (iii) is currently subject to: (A) an order for suspension or surrender issued pursuant to
773	773	762sections 3B or 3C of chapter 209A; (B) a permanent or temporary protection order issued
774	774	763pursuant to said chapter 209A; (C) any order described in 18 U.S.C. 922(g)(8); (D) a permanent
775	775	764or temporary harassment prevention order issued pursuant to chapter 258E; (E) an extreme risk
776	776	765protection order issued pursuant to sections 131A and 131B; or (F) an order similar to the orders
777	777	766described in clauses (A), (B), (C), (D) or (E) issued by another jurisdiction;
778	778	767 (iv) is currently the subject of an outstanding arrest warrant in any state or federal
779	779	768jurisdiction;
780	780	769 (v) is a person not legally or lawfully in the United States;
781	781	770 (vi) has been discharged from the armed forces of the United States under dishonorable
782	782	771conditions; or
783	783	772 (vii) is a fugitive from justice. 38 of 129
784	784	773 (b) A licensing authority shall deny any application for a license or permit under sections
785	785	774124 to 124B, inclusive, 124E, 125 or 125B, or renewal thereof, to a person the licensing
786	786	775authority determines to be unsuitable to hold a license or permit. A determination of unsuitability
787	787	776shall be based on reliable, articulable and credible information that the applicant has exhibited or
788	788	777engaged in behavior that suggests that, if issued a license or permit, the applicant may create a
789	789	778risk to public safety or a risk of danger to themselves or others. Upon denial of an application or
790	790	779renewal of a license or permit based on a determination of unsuitability, the licensing authority
791	791	780shall notify the applicant in writing setting forth the specific reasons for the determination.
792	792	781 (c) In the case of an application or renewal of a long gun permit under section 124A, a
793	793	782licensing authority shall not have the authority to deny an application on the grounds of
794	794	783unsuitability but may file a petition requesting that the district court having jurisdiction deny said
795	795	784application on unsuitability grounds. Such petition shall operate to stay the application and shall
796	796	785be founded upon a written statement of the reasons for supporting a finding of unsuitability.
797	797	786Upon filing, a copy of the written petition and statement shall be provided to the applicant by the
798	798	787licensing authority. The court shall within 90 days of receiving the filed petition hold a hearing
799	799	788to determine if the applicant for the long gun permit is unsuitable and enter a judgment on
800	800	789suitability. A determination of unsuitability shall be based on a preponderance of the evidence
801	801	790that there is reliable, articulable and credible information that the applicant has exhibited or
802	802	791engaged in behavior that suggests that, if issued a long gun license, the applicant may create a
803	803	792risk to public safety or a risk of danger to self or others. If a court enters a judgment that an
804	804	793applicant is unsuitable, the court shall notify the applicant in writing setting forth the specific
805	805	794reasons for such determination. If a court has not entered a judgement that an applicant is 39 of 129
806	806	795unsuitable within 90 days of the petition, judgment that the applicant is suitable for a long gun
807	807	796permit shall be automatically entered.
808	808	797 (d) An applicant aggrieved by a denial of a license or permit under sections 124 to 124B,
809	809	798inclusive, 124E, 125 or 125B may appeal the denial pursuant to section 123C.
810	810	799 Section 123A. (a) There shall be a firearm licensing review board, established within the
811	811	800department of criminal justice information services, comprised of 7 members: 1 of whom shall
812	812	801be a member of the department of criminal justice information services appointed by the
813	813	802commissioner and who shall be the chair; 1 of whom shall be the secretary of public safety or
814	814	803their designee; 1 of whom shall be the colonel of state police or their designee; 1 of whom shall
815	815	804be appointed by the Massachusetts Chiefs of Police Association Incorporated; 1 of whom shall
816	816	805be the attorney general or their designee; 1 of whom shall be an attorney with litigation
817	817	806experience in firearm licensing cases and appointed by the governor from a list of qualified
818	818	807persons submitted to the governor by the Massachusetts Bar Association; and 1 of whom shall be
819	819	808a retired member of the judiciary and appointed by the governor.
820	820	809 (b) An applicant for a long gun permit pursuant to section 124A, self-defense spray
821	821	810permit pursuant to section 124E or a license to carry pursuant to section 124 or 124B who has
822	822	811been convicted of or adjudicated as a youthful offender or delinquent child by reason of an
823	823	812offense or offenses punishable by 2 ½ years’ imprisonment or less when committed under the
824	824	813laws of the commonwealth may, after the passage of 5 years from conviction, adjudication as a
825	825	814youthful offender or a delinquent child, or release from confinement, commitment, probation or
826	826	815parole supervision for such conviction or adjudication, whichever occurs later, file a petition for
827	827	816review of eligibility with the firearm licensing review board; provided, however, that an 40 of 129
828	828	817applicant shall not be eligible to petition the firearm licensing review board pursuant to this
829	829	818section if the applicant was convicted of an assault or battery on a family member or household
830	830	819member, as defined by section 1 of chapter 209A; and provided further, that the determination to
831	831	820be made under clause (e) of said section 1 of said chapter 209A shall be made by the review
832	832	821board.
833	833	822 (c) The petitioner shall provide to the board a copy of a completed long gun permit, self-
834	834	823defense spray permit or license to carry application, which application shall have previously been
835	835	824submitted to the licensing authority or be submitted to the licensing authority contemporaneously
836	836	825with the petition filed with the board. The petitioner shall have the burden to prove their
837	837	826suitability to receive a long gun permit, self-defense spray permit or a license to carry by clear
838	838	827and convincing evidence. The board shall set a reasonable filing fee to file the petition.
839	839	828 (d) If the board determines, by a 2/3 vote, that: (i) the sole disqualifier for the petitioner is
840	840	829any conviction or adjudication as a youthful offender or a delinquent child for an offense or
841	841	830offenses described in subsection (b); (ii) 5 years has passed since such conviction or adjudication
842	842	831or release from confinement, commitment, probation or parole supervision for such conviction or
843	843	832adjudication, whichever is last occurring; and (iii) by clear and convincing evidence, that the
844	844	833petitioner is a suitable person to be a long gun permit, self-defense spray permit or license to
845	845	834carry holder, the board shall determine that the petitioner’s right or ability to possess a firearm is
846	846	835fully restored in the commonwealth with respect to such conviction or adjudication and that such
847	847	836conviction or adjudication shall not prohibit such petitioner from applying to a licensing
848	848	837authority for a long gun permit, self-defense spray permit or license to carry. The board shall
849	849	838make a determination on a petition within 60 days after receipt of the petition. 41 of 129
850	850	839 (e) The board shall hold hearings at such times and places as in its discretion it
851	851	840reasonably determines to be required, but not less than once every 90 days, and shall give
852	852	841reasonable notice of the time and place of the hearing to the petitioner. The board shall have the
853	853	842power to compel attendance of witnesses at hearings.
854	854	843 (f) All hearings shall be conducted in an informal manner, but otherwise according to the
855	855	844rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and
856	856	845payment for stenographic services, as determined by the board, accompanies such request, the
857	857	846board shall cause a verbatim transcript of the hearing to be made. The board’s decisions and
858	858	847findings of facts therefore shall be communicated in writing to the petitioner and to the licensing
859	859	848authority to whom the petitioner has applied or intends to apply within 20 days of rendering a
860	860	849decision.
861	861	850 (g) Members of the board shall serve without compensation but shall be entitled to
862	862	851reasonable subsistence and travel allowances in the performance of their duties.
863	863	852 Section 123B. (a) All application fees for licenses and permits issued under sections 124
864	864	853to 124C, inclusive, 124E, 125 or 125B shall be payable to the issuing licensing authority and
865	865	854shall not be prorated or refunded in case of revocation or denial. Notwithstanding any general or
866	866	855special law to the contrary, licensing authorities shall deposit all fees into the specified funds
867	867	856quarterly, not later than January 1, April 1, July 1 and October 1 of each year.
868	868	857 (b) Unless otherwise stated in this section the fee for an application or renewal of:
869	869	858 (i) any license or permit shall be $100 of which the licensing authority shall retain $25 of
870	870	859the fee; $50 of the fee shall be deposited into the General Fund; provided, that not less than
871	871	860$50,000 of the total funds deposited into the General Fund shall be allocated to the firearm 42 of 129
872	872	861licensing review board, established in section 123A, for its operations; and provided further, that
873	873	862any funds not expended by said board for its operations shall revert back to the General Fund;
874	874	863and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund
875	875	864established in section 2LLL of chapter 29;
876	876	865 (ii) a license to carry firearms issued under sections 124 or 124B for active and retired
877	877	866law enforcement officials or local, state or federal government entities acting on their behalf
878	878	867shall be $25 of which half shall be retained by the licensing authority and half deposited into the
879	879	868General Fund; and
880	880	869 (iii) a long gun permit issued under section 124A for persons under 18 years of age or a
881	881	870self-defense spray permit issued under section 124E shall be $25 of which 50 per cent shall be
882	882	871retained by the licensing authority and 50 per cent deposited into the General Fund.
883	883	872 (c) Any person over the age of 70 and any law enforcement officer applying through their
884	884	873employing agency for renewal of a license to carry firearms or a long gun permit shall be exempt
885	885	874from the requirement of paying a renewal fee.
886	886	875 (d) Any person with a license to sell under section 125 shall not be assessed any
887	887	876additional fee for a gunsmith’s license.
888	888	877 (e) The commissioner of the department of criminal justice information services shall
889	889	878send electronically or by first class mail to the license or permit holder, a notice of the expiration
890	890	879of the license or permit not less than 90 days before its expiration and shall enclose or provide a
891	891	880website link to a form for its renewal. The form for renewal shall include: 43 of 129
892	892	881 (i) an affidavit which shall be completed and returned in order to renew the license or
893	893	882permit in which the applicant shall verify that the applicant has not lost or had stolen any firearm,
894	894	883for a license and permit respectively, from the applicant’s possession since the date of the
895	895	884applicant’s last renewal or issuance; and
896	896	885 (ii) all pertinent information about the penalties and punishments that may be imposed if
897	897	886the license or permit is not renewed and the applicant remains in possession of any firearms.
898	898	887 (f) Notwithstanding any general or special law to the contrary, an expired license to carry
899	899	888firearms issued under sections 124 or 124B or an expired long gun permit issued under section
900	900	889124A shall remain valid for all lawful purposes if:
901	901	890 (i) the licensee or permit holder applied for renewal before the license or permit
902	902	891expiration date and shall remain valid until the application for renewal is approved or denied;
903	903	892 (ii) the licensee or permit holder is on active duty with the armed forces of the United
904	904	893States on the expiration date of the license or permit; provided, that the license or permit shall
905	905	894remain valid until the licensee or permit holder is released from active duty and for a period of
906	906	895not less than 180 days following their release; provided, however, that, if the licensee or permit
907	907	896holder applied for renewal prior to the end of that period, the license or permit shall remain valid
908	908	897for all lawful purposes until the application for renewal is approved or denied; or
909	909	898 (iii) the expiration period has not yet exceeded 90 days beyond the stated date of
910	910	899expiration, unless such license to carry or long gun permit has been revoked or suspended.
911	911	900 (g) Any person in possession of a license to carry issued under sections 124 or 124B or
912	912	901long gun permit issued under section 124A whose respective license or permit is invalid for the 44 of 129
913	913	902sole reason that it has expired, not including licenses and permits that remain valid under
914	914	903subsection (f), and not otherwise disqualified from renewal upon application, shall be subject to a
915	915	904fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply;
916	916	905provided, however, that this exemption shall not apply if such license or permit: (i) has been
917	917	906revoked or suspended unless such revocation or suspension was caused by failure to give notice
918	918	907of a change of address; (ii) is the subject of pending revocation or suspension unless such
919	919	908revocation or suspension was caused by failure to give notice of a change of address; or (iii) has
920	920	909had an application for renewal denied. Any law enforcement officer who discovers a person to be
921	921	910in possession of a firearm after such person’s license or permit has expired, meaning after 90
922	922	911days beyond the stated expiration date on the license or has been revoked or suspended solely for
923	923	912failure to given notice of a change of address, shall confiscate such firearm and the expired or
924	924	913suspended license then in possession and such officer shall forward such license or permit, as
925	925	914soon as practical, to the licensing authority that issued the expired license or permit. The officer
926	926	915shall, at the time of confiscation, provide to the person whose firearm has been confiscated, a
927	927	916written inventory and receipt for all firearms confiscated and the officer shall exercise due care
928	928	917in the handling, holding and storage of these items. Any confiscated firearm shall be considered
929	929	918surrendered and subject to the conditions of section 123D; provided, however, that the
930	930	919confiscated firearm shall be returned to the owner if proof of license or permit reinstatement is
931	931	920provided within 1 year of confiscation. This subsection shall not apply to temporary licenses to
932	932	921carry under section 124B.
933	933	922 Section 123C. (a)(1) A licensing authority shall revoke or suspend any license or permit
934	934	923pursuant to sections 124 to 124B, inclusive, 124E, 125 or 125B upon the occurrence of any event
935	935	924which makes the licensee or permit holder a prohibited person as defined in section 123. A 45 of 129
936	936	925licensing authority may also revoke or suspend any license or permit issued pursuant to sections
937	937	926124 to 124B, inclusive, 124E, 125 or 125B upon a subsequent determination of unsuitability as
938	938	927defined in said section 123 or upon satisfactory proof that the licensee has violated or permitted
939	939	928any violation of this chapter; provided, however, that in the case of a long gun permit issued
940	940	929under section 124A, a licensing authority shall file a petition to the district court for suspension
941	941	930or revocation of said permit, and said petition shall effect such suspension or revocation pending
942	942	931a judicial determination of sufficient evidence of unsuitability, which the court shall make within
943	943	93215 days of the filing of the petition, after which the procedures and standards of subsection (c) of
944	944	933section 123 shall apply. A licensing authority may revoke or suspend any license issued under
945	945	934sections 125 or 125B only after due notice to the licensee and reasonable opportunity to be
946	946	935heard.
947	947	936 (2) Any revocation or suspension of a license or permit issued under sections 124 to
948	948	937124B, inclusive, 124E, 125 or 125B shall be in writing and shall state the reasons for revocation
949	949	938or suspension. No pendency of proceedings before the court shall operate to stay such revocation
950	950	939or suspension. Notices of revocation and suspension shall be forwarded to the commissioner of
951	951	940the department of criminal justice information services and the commissioner of probation and
952	952	941shall be included in the criminal justice information system. A revoked or suspended license or
953	953	942permit may be reinstated only upon the termination of all disqualifying conditions. If a license to
954	954	943sell issued under section 125 is revoked, the licensee shall be disqualified to receive a license for
955	955	9441 year after the expiration of the term of the license so revoked.
956	956	945 (b)(1) Any applicant or licensee aggrieved by a denial, revocation or suspension of a
957	957	946license to sell under section 125 may appeal such denial, revocation or suspension by: (i)
958	958	947applying to the colonel of state police for said license within 10 days of a denial, revocation or 46 of 129
959	959	948suspension, who may direct the licensing authority to grant said license if, after a hearing, the
960	960	949colonel determines that there were no reasonable grounds for the denial, suspension or
961	961	950revocation and that the applicant is not barred by law from holding such a license, or (ii) filing an
962	962	951appeal with the district court having jurisdiction pursuant to paragraph (2) of this subsection.
963	963	952 (2) Any applicant, licensee or permit holder aggrieved by a denial, revocation or
964	964	953suspension of a license or permit issued under sections 124 to 124B, inclusive, 124E, 125 or
965	965	954125B may, unless a hearing has previously been held pursuant to chapter 209A within either 90
966	966	955days after receiving notice of the denial, revocation or suspension or within 90 days after the
967	967	956expiration of the time limit during which the licensing authority shall respond to the applicant,
968	968	957file a petition to obtain judicial review in the district court having jurisdiction in the city or town
969	969	958in which the applicant filed the application or in which the license or permit was issued.
970	970	959 (3) The district court may order a license or permit be issued or reinstated upon a finding
971	971	960that there was no reasonable ground for denying, suspending or revoking the license and that
972	972	961petitioner is not prohibited by law from possessing the license.
973	973	962 Section 123D. (a) Upon revocation, suspension or denial of an application for any license
974	974	963or permit issued pursuant to sections 124 to 124B, inclusive, the person whose application was
975	975	964so revoked, suspended or denied shall, without delay, deliver or surrender to the licensing
976	976	965authority where the person resides all firearms or ammunition which are registered to the person
977	977	966or that the person then possesses and shall report such delivery or surrender to the electronic
978	978	967firearms registration system pursuant to section 122. The person or the person’s legal
979	979	968representative shall have the right, at any time up to 1 year after the delivery or surrender, to
980	980	969transfer the firearms and ammunition, notwithstanding the limits on private firearm transfers in 47 of 129
981	981	970section 127B, to a licensed dealer or to a person legally permitted to purchase or take possession
982	982	971of the firearms and ammunition and, upon notification in writing by the purchaser or transferee
983	983	972and the former owner, the licensing authority shall within 10 days deliver the firearms and
984	984	973ammunition to the transferee or purchaser and the licensing authority shall observe due care in
985	985	974the receipt and holding of any such firearm or ammunition; provided, however, that the
986	986	975purchaser or transferee shall affirm in writing that the purchaser or transferee shall not transfer
987	987	976the firearms or ammunition to the former owner; provided, however, that such transfer shall not
988	988	977be permitted if the firearm may be evidence in any pending criminal investigation. The licensing
989	989	978authority shall at the time of delivery or surrender inform the person in writing of their right to
990	990	979request a transfer in accordance with this paragraph.
991	991	980 (b) The licensing authority, after taking possession of any firearm or ammunition by any
992	992	981means, may transfer possession for storage purposes to a federally licensed firearms dealer who
993	993	982operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure
994	994	983storage of firearms and a weapon box or similar container for the secure storage of ammunition;
995	995	984provided, however, that the licensing authority shall not transfer to such dealer possession of any
996	996	985firearm or ammunition that may be evidence in any pending criminal investigation. Any such
997	997	986dealer that takes possession of a firearm or ammunition pursuant to this section shall: (i) inspect
998	998	987the firearm or ammunition; (ii) issue to the owner a receipt indicating the make, model, caliber,
999	999	988serial number and condition of each firearm or ammunition so received; and (iii) store and
1000	1000	989maintain all firearms and ammunition so received in accordance with such regulations, rules or
1001	1001	990guidelines as the secretary of the executive office of public safety and security may establish
1002	1002	991under this section. The owner shall be liable to such dealer for reasonable storage charges. 48 of 129
1003	1003	992 (c) Firearms and ammunition not disposed of within 1 year of delivery or surrender
1004	1004	993pursuant to this section shall be sold at public auction by the colonel of the state police to the
1005	1005	994highest bidding person legally permitted to purchase and possess said firearms and ammunition
1006	1006	995and the proceeds shall be remitted to the General Fund.
1007	1007	996 (d) Any such firearm or ammunition that is stored and maintained by a licensed dealer
1008	1008	997may be so auctioned pursuant to subsection (c) at the direction of: (i) the licensing authority at
1009	1009	998the expiration of 1 year following initial surrender or delivery to such licensing authority; or (ii)
1010	1010	999the dealer then in possession, if the storage charges for such firearm or ammunition have been in
1011	1011	1000arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer
1012	1012	1001for the purpose of transferring ownership to the auctioneer; provided further, that in either case,
1013	1013	1002after deduction and payment for storage charges and all necessary costs associated with such
1014	1014	1003surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of
1015	1015	1004such firearm or ammunition; provided, however, that any firearm or ammunition identified
1016	1016	1005pursuant to section 122C as having been used to carry out a criminal act and any firearm or
1017	1017	1006ammunition prohibited by law from being owned or possessed within the commonwealth shall
1018	1018	1007not be sold at public auction pursuant to this section and shall instead be destroyed by the colonel
1019	1019	1008of the state police.
1020	1020	1009 (e) Unless otherwise required in this chapter, if the licensing authority cannot reasonably
1021	1021	1010ascertain a lawful owner within 180 days of acquisition by the licensing authority, the licensing
1022	1022	1011authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms
1023	1023	1012or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or
1024	1024	1013transfer shall be remitted or credited to the municipality in which the licensing authority presides
1025	1025	1014to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; 49 of 129
1026	1026	1015provided, however, that no firearm or ammunition identified pursuant to section 122C as having
1027	1027	1016been used to carry out a criminal act shall be considered surplus, donated, abandoned or junk for
1028	1028	1017the purposes of this section.
1029	1029	1018 (f) The licensing authority shall report the delivery or surrender or seizure of firearms and
1030	1030	1019ammunition pursuant to sections 131 to 131H, inclusive, to the department of criminal justice
1031	1031	1020information services via the electronic firearms registration system. The report shall include the
1032	1032	1021following information: (i) date of delivery, surrender or seizure; (ii) make, model, serial number
1033	1033	1022and caliber of the firearm delivered, surrendered or seized and any identifying information for
1034	1034	1023ammunition delivered, surrendered or seized; (iii) grounds for surrender or seizure; (iv) whether
1035	1035	1024the firearm or ammunition is prohibited by law from being owned or possessed in the
1036	1036	1025commonwealth; (v) whether the firearm or ammunition was classified as having been used to
1037	1037	1026carry out a criminal act; (vi) information on the possession, storage, transfer, sale and any
1038	1038	1027income derived therefrom; and (vii) the destruction or other disposition of the firearm or
1039	1039	1028ammunition. Upon submission of this information, the system shall automatically report back to
1040	1040	1029the licensing authority whether the firearm is registered, serialized, reported lost or stolen or
1041	1041	1030potential evidence in a pending criminal investigation.
1042	1042	1031 (g) The secretary of the executive office of public safety and security may promulgate
1043	1043	1032rules and regulations as necessary to carry out this section.
1044	1044	1033 SECTION 45. Said chapter 140 is hereby further amended by striking out section 124, as
1045	1045	1034so appearing, and inserting in place thereof the following 6 sections:-
1046	1046	1035 Section 124. (a) A license to carry firearms shall entitle the holder thereof to purchase,
1047	1047	1036transfer, possess and carry firearms including large capacity firearms and ammunition therefor. 50 of 129
1048	1048	1037This license shall not entitle a holder thereof to transfer, possess or carry large capacity feeding
1049	1049	1038devices or assault-style firearms unless such transfer, possession or carry is permitted under
1050	1050	1039section 128B.
1051	1051	1040 (b) Any lawful resident 21 years of age or older residing within the jurisdiction of the
1052	1052	1041licensing authority, any law enforcement officer employed by the licensing authority or any
1053	1053	1042person residing in an area of exclusive federal jurisdiction located within a city or town may
1054	1054	1043submit to the licensing authority an application for a license to carry firearms, or renewal of the
1055	1055	1044same, which the licensing authority shall issue if the licensing authority determines that the
1056	1056	1045applicant is neither a prohibited person nor unsuitable under section 123 to transfer, possess or
1057	1057	1046carry a firearm; provided, however, that upon an initial application for a license to carry firearms,
1058	1058	1047the licensing authority shall conduct a personal interview with the applicant.
1059	1059	1048 (c) No person shall be issued a license to carry or possess a machine gun in the
1060	1060	1049commonwealth or be otherwise legally entitled to transfer, possess or carry a machine gun;
1061	1061	1050provided, however, that a licensing authority or the colonel of the state police may issue a
1062	1062	1051machine gun license to: (i) a firearm instructor certified by the municipal police training
1063	1063	1052committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide
1064	1064	1053collector of firearms upon application for renewal of such license.
1065	1065	1054 (d) No license shall issue under this section unless the applicant submits with their
1066	1066	1055application a basic firearms safety certificate pursuant to section 126.
1067	1067	1056 (e) A person issued a license under this section shall report any change of address via the
1068	1068	1057electronic firearm registration system administered by the commissioner of the department of
1069	1069	1058criminal justice information services. Such notification shall be made on said electronic firearms 51 of 129
1070	1070	1059registration system within 30 days of its occurrence. Failure to notify in a timely manner shall be
1071	1071	1060cause for revocation or suspension of said license.
1072	1072	1061 (f) A license to carry firearms shall be valid, unless revoked or suspended, for a period of
1073	1073	1062not more than 6 years and shall expire on the anniversary of the licensee’s date of birth occurring
1074	1074	1063not less than 5 years nor more than 6 years from the date of issue. Any license issued to an
1075	1075	1064applicant born on February 29 shall expire on March 1.
1076	1076	1065 (g) Any person issued a license to carry firearms, who, while in possession of a firearm
1077	1077	1066and not being within the limits of their own property or residence, or any such person whose
1078	1078	1067property or residence is under lawful search, shall on demand of a law enforcement officer,
1079	1079	1068exhibit their license. Failure to do so may result in the surrender of said person’s firearms and
1080	1080	1069ammunition, which shall be taken into custody pursuant to section 123D; provided, however, that
1081	1081	1070such firearms and ammunition shall be returned forthwith within 30 days of presenting a valid
1082	1082	1071license to the appropriate law enforcement agency.
1083	1083	1072 Section 124A. (a) A long gun permit shall entitle the holder to purchase, transfer, possess
1084	1084	1073and carry common long guns, and the ammunition therefor. A long gun permit shall not entitle a
1085	1085	1074holder to transfer, possess or carry any other firearm including any large capacity firearm,
1086	1086	1075semiautomatic rifle or semiautomatic shotgun except under the direct supervision of a holder of a
1087	1087	1076license to carry firearms at an incorporated shooting club or a licensed shooting range.
1088	1088	1077 (b) Any lawful resident 18 years of age or older residing within the jurisdiction of the
1089	1089	1078licensing authority or residing in an area of exclusive federal jurisdiction located within a city or
1090	1090	1079town may submit to the licensing authority an application for a long gun permit, or renewal of
1091	1091	1080the same, which the licensing authority shall issue if it appears that the applicant is not a 52 of 129
1092	1092	1081prohibited person and no judicial stay is requested as outlined in section 123. A person aged 15
1093	1093	1082years or older, but less than 18 years of age may submit an application for a long gun permit and
1094	1094	1083shall be issued the same only if the applicant meets the requirements of this section and submits
1095	1095	1084with the application a certificate of a parent or guardian granting the applicant permission to
1096	1096	1085apply for the permit. A person 14 years of age may submit an application for a long gun permit
1097	1097	1086but the applicant shall not be issued the permit until they reach 15 years of age.
1098	1098	1087 (c) No permit shall be issued under this section unless the applicant submits with their
1099	1099	1088application a basic firearms safety certificate required pursuant to section 126.
1100	1100	1089 (d) A person issued a permit under this section shall report any change of address via the
1101	1101	1090electronic firearm registration system administered by the commissioner of the department of
1102	1102	1091criminal justice information services. Such notification shall be made on the portal within 30
1103	1103	1092days of its occurrence. Failure to notify in a timely manner shall be cause for revocation or
1104	1104	1093suspension of said permit.
1105	1105	1094 (e) A permit shall be valid, unless revoked or suspended, for a period of not more than 6
1106	1106	1095years and shall expire on the anniversary of the permit holder’s date of birth occurring not less
1107	1107	1096than 5 years nor more than 6 years from the date of issue. Any permit issued to an applicant born
1108	1108	1097on February 29 shall expire on March 1.
1109	1109	1098 (f) Any person issued a permit under this section, who, while in possession of a firearm
1110	1110	1099and not being within the limits of their own property or residence, or any such person whose
1111	1111	1100property or residence is under lawful search, shall on demand by a law enforcement officer,
1112	1112	1101exhibit a permit authorizing possession of such firearms. Failure to do so may result in the
1113	1113	1102surrender of all firearms and ammunition therefor which shall be taken into custody pursuant to 53 of 129
1114	1114	1103section 123D; provided, however, that such firearms and ammunition shall be returned forthwith
1115	1115	1104upon the presentation within 30 days of a valid long gun permit.
1116	1116	1105 Section 124B. (a) A temporary license to carry firearms or ammunition within the
1117	1117	1106commonwealth shall be issued by the colonel of the state police or their designee in accordance
1118	1118	1107with the qualification requirements and procedures for a license to carry firearms issued under
1119	1119	1108section 124, to:
1120	1120	1109 (i) a resident of the commonwealth for purposes of sports competition;
1121	1121	1110 (ii) a nonresident for purposes of a firearm competition;
1122	1122	1111 (iii) a nonresident who is in the employ of a bank, public utility corporation, or a firm
1123	1123	1112engaged in the business of transferring monies, or business of a similar nature, or a firm licensed
1124	1124	1113as a private detective under chapter 147, and whose application is endorsed by an employer; or
1125	1125	1114 (iv) a nonresident who is a member of the armed services and is stationed within the
1126	1126	1115territorial boundaries of the commonwealth and has the written consent of their commanding
1127	1127	1116officer.
1128	1128	1117 (b) A temporary license to possess a machine gun within the commonwealth, may be
1129	1129	1118issued by the colonel of the state police or their designee in accordance with the qualification
1130	1130	1119requirements and procedures for a license to carry a machine gun issued under section 124 to a
1131	1131	1120nonresident employee of a federally licensed manufacturer of machine guns for the purpose of
1132	1132	1121transporting or testing relative to the manufacture of machine guns, and whose application is
1133	1133	1122endorsed by their employer. 54 of 129
1134	1134	1123 (c) A temporary license issued under clauses (i) and (ii) of subsection (a) shall be valid
1135	1135	1124for a period of 1 year and may be renewed, if necessary, by the colonel or their designee. A
1136	1136	1125temporary licensed issued under clauses (iii) and (iv) of subsection (a) and under subsection (b)
1137	1137	1126may be issued for any term not to exceed 2 years and shall expire in accordance with the terms in
1138	1138	1127section 123B.
1139	1139	1128 (d) The colonel or their designee may permit a licensee under this section to possess a
1140	1140	1129large capacity firearm and large capacity feeding device; provided, however, that this entitlement
1141	1141	1130shall be clearly indicated on the license and such large capacity firearm shall not be an assault-
1142	1142	1131style firearm prohibited by section 128B, and such large capacity feeding device shall be used in
1143	1143	1132accordance with section 128B.
1144	1144	1133 (e) A temporary license issued pursuant to this section shall clearly be marked as such
1145	1145	1134and may not be used to purchase a firearm or ammunition without a valid permit to purchase
1146	1146	1135issued under section 124C, or otherwise transfer firearms or ammunition within the
1147	1147	1136commonwealth.
1148	1148	1137 Section 124C. (a) A person with a temporary license issued under section 124B shall not
1149	1149	1138purchase, rent or lease a firearm or ammunition in the commonwealth without a valid permit to
1150	1150	1139purchase issued under this section. A person with a temporary license issued under section 124B,
1151	1151	1140shall apply to the colonel of the state police or their designee for a permit to purchase, rent or
1152	1152	1141lease a firearm or ammunition therefor which may be granted if it appears that such purchase,
1153	1153	1142rental or lease is not for an unlawful purpose. A permit to purchase shall be valid for not more
1154	1154	1143than 10 days after issue and may be revoked at will. 55 of 129
1155	1155	1144 (b) Whoever knowingly issues a permit in violation of this section shall be punished by a
1156	1156	1145fine of not less than $500 nor more than $1,000 and by imprisonment for not less than 6 months
1157	1157	1146nor more than 2 years in the house of correction.
1158	1158	1147 Section 124D. Sections 126, 128A and 129 shall not apply to stun guns. The secretary of
1159	1159	1148public safety and security shall promulgate regulations restricting access or use of stun guns by
1160	1160	1149non-licensed persons and establishing minimum safety and quality standards, safe storage
1161	1161	1150requirements, education and safety training requirements and law enforcement training on the
1162	1162	1151appropriate use of stun guns, which shall require that any stun gun purchased or used by a law
1163	1163	1152enforcement or public safety official include a mechanism for tracking the number of times the
1164	1164	1153stun gun has been fired.
1165	1165	1154 Section 124E. (a) No person under 18 years of age may purchase or possess self-defense
1166	1166	1155spray without a self-defense spray permit issued by a licensing authority. This permit shall be
1167	1167	1156valid to purchase and possess self-defense spray, including all chemical mace, pepper spray or
1168	1168	1157other similarly propelled liquid, gas or powder designed to temporarily incapacitate.
1169	1169	1158 (b) A local licensing authority may issue to a person at least 15 years of age but less than
1170	1170	115918 years a self-defense spray permit if the person is not a prohibited person or unsuitable under
1171	1171	1160section 123. A self-defense spray permit shall be issued for the sole purpose of purchasing and
1172	1172	1161possessing self-defense spray and shall clearly state that it is valid for such limited purpose only.
1173	1173	1162This permit may be issued to a person under the age of 15 if the applicant submits with their
1174	1174	1163application a certificate from the applicant’s parent or guardian granting permission to apply for
1175	1175	1164this permit. 56 of 129
1176	1176	1165 (c) Whoever, not being licensed as provided in section 125, sells self-defense spray shall
1177	1177	1166be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for
1178	1178	1167not more than 2 years. Whoever licensed under section 125, sells self-defense spray to a person
1179	1179	1168younger than 18 years of age who does not have a self-defense spray permit, shall be punished
1180	1180	1169by a fine of not more than $300.
1181	1181	1170 (d) A person under 18 years of age who purchases or possesses self-defense spray and
1182	1182	1171who does not have a self-defense spray permit shall be punished by a fine of not more than $300.
1183	1183	1172 (e) A self-defense spray permit shall be valid for a period of 3 years and shall expire on
1184	1184	1173the anniversary of the permit holder’s date of birth occurring not less than 3 years nor more than
1185	1185	11744 years from the date of issue. Any permit issued to an applicant born on February 29 shall
1186	1186	1175expire on March 1.
1187	1187	1176 SECTION 46. Said chapter 140 is hereby further amended by striking out section 125, as
1188	1188	1177so appearing, and inserting in place thereof the following 4 sections:-
1189	1189	1178 Section 125. (a) A licensing authority may grant a license to sell, rent, lease, purchase or
1190	1190	1179otherwise transfer firearms and ammunition therefor, or to be in business as a gunsmith, to any
1191	1191	1180person 21 years of age or older who is neither a prohibited person nor deemed unsuitable to be
1192	1192	1181issued said license pursuant to section 123 and who completes the online dealer training classes
1193	1193	1182mandated under subsection (b) of section 126A.
1194	1194	1183 (b) Licensees shall maintain a business premise that is not a residential dwelling wherein
1195	1195	1184all transactions shall be conducted and wherein all records shall be kept. A license to sell shall
1196	1196	1185not entitle the holder thereof to possess or carry any firearm or ammunition outside of the
1197	1197	1186licensed business premises. A license to sell shall not authorize a licensee to carry a firearm at 57 of 129
1198	1198	1187any place outside their licensed place of business. The licensee may request a transfer of a
1199	1199	1188license to sell from 1 location to another within the city or town of the licensing authority’s
1200	1200	1189jurisdiction and such request shall be granted at the discretion of the licensing authority, upon the
1201	1201	1190same terms and conditions upon which the license was originally granted. A license to sell may
1202	1202	1191not be transferred to any other person or entity.
1203	1203	1192 (c) Licensees shall display their license to sell or a copy thereof, certified by the licensing
1204	1204	1193authority, in a position where it can be easily read; provided, however, that no firearm shall be
1205	1205	1194displayed in any outer window of the business premises or in any other place where it can be
1206	1206	1195readily seen from outside the business premises.
1207	1207	1196 (d) Licensees shall conspicuously post and distribute at each purchase counter a notice
1208	1208	1197providing information on: (i) safe transportation and storage of firearms developed and provided
1209	1209	1198by the department of criminal justice information services who shall develop and maintain on its
1210	1210	1199website for download a sign providing such information; and (ii) suicide prevention developed
1211	1211	1200and provided by the division on violence and injury prevention within the department of public
1212	1212	1201health who shall develop and make available on its website for download a sign providing the
1213	1213	1202information on suicide prevention.
1214	1214	1203 (e) A license to sell firearms shall expire 3 years from the date of issuance.
1215	1215	1204 Section 125A. (a) As used in this section “licensee” shall mean a person with a license to
1216	1216	1205sell under section 125.
1217	1217	1206 (b) Prior to any transfer a licensee shall verify the status of any license, permit or
1218	1218	1207exemption documentation including a verification that the person presenting the license, permit
1219	1219	1208or documentation is the lawful holder thereof. No transfer of any firearm or ammunition shall be 58 of 129
1220	1220	1209made to any person not in possession of the required license, permit or exemption documentation
1221	1221	1210at the time of the transaction.
1222	1222	1211 (c) Upon being presented with an expired, suspended or revoked license or permit a
1223	1223	1212licensee shall:
1224	1224	1213 (i) immediately report all firearm transfers and transactions to the department of criminal
1225	1225	1214justice information services using its electronic firearms registration system, including, but not
1226	1226	1215limited to, all information recorded pursuant to subsection (d);
1227	1227	1216 (ii) take possession of such card or license and immediately forward the same to the
1228	1228	1217licensing authority for the city or town where the licensee conducts business;
1229	1229	1218 (iii) issue the license or permit holder a receipt, in a form provided by the commissioner
1230	1230	1219of the department of criminal justice information services, which shall state that the holder’s
1231	1231	1220license or permit is expired, suspended or revoked, was taken by the licensee, and forwarded to
1232	1232	1221the licensing authority, and which shall be valid for 90 days for the purpose of providing
1233	1233	1222immunity from prosecution under section 10 of chapter 269; and
1234	1234	1223 (iv) notify the license or permit holder of their duty to surrender their firearms forthwith
1235	1235	1224to their local licensing authority under section 123D.
1236	1236	1225 The licensee shall be immune from civil and criminal liability for good faith compliance
1237	1237	1226with the provisions herein.
1238	1238	1227 (d) The licensee shall make and keep an on-site or electronic record of all firearm
1239	1239	1228transactions and said record shall be open at all times to the inspection of the police. Before 59 of 129
1240	1240	1229transfer or delivery of any sold, rented, leased or otherwise transferred firearm or ammunition, a
1241	1241	1230legible entry in the on-site or electronic record shall be made and kept specifying:
1242	1242	1231 (i) the complete description of the firearm and ammunition transferred, including the
1243	1243	1232make, serial number, type of firearm and designation as a large capacity firearm, if applicable;
1244	1244	1233 (ii) whether the firearm or ammunition has been sold, rented or leased and the date of
1245	1245	1234such transaction;
1246	1246	1235 (iii) the license or permit identification number of the person acquiring the firearm, or
1247	1247	1236ammunition along with their sex, residence address and occupation; and
1248	1248	1237 (iv) the purchaser, renter or lessee’s name as personally written by said person in the
1249	1249	1238sales record book and as confirmed by valid state or federal identification.
1250	1250	1239 (e) Licensees shall, immediately upon notice of any loss or theft of a firearm or
1251	1251	1240ammunition from the licensee or licensee’s business premises immediately report such loss or
1252	1252	1241theft to the department of criminal justice information services via the electronic firearms
1253	1253	1242registration system created pursuant to section 122.
1254	1254	1243 (f) A licensee may sell or transfer firearms, and ammunition at any regular meeting of an
1255	1255	1244incorporated collectors club or at a gun show open to the general public; provided, however, that
1256	1256	1245a licensee shall comply with all other provisions of this section and that such sale or transfer is in
1257	1257	1246conformity with both federal and state law and regulations.
1258	1258	1247 (g) No licensee shall fill an order for any firearm or ammunition received by mail,
1259	1259	1248facsimile, telephone, internet or other telecommunication unless such transaction includes the in-
1260	1260	1249person presentation of the required license, permit or documentation as required herein prior to 60 of 129
1261	1261	1250any sale, delivery or any form of transfer or possession. Transactions between federally licensed
1262	1262	1251dealers shall be exempt from this subsection.
1263	1263	1252 (h) Licensees shall ensure that all firearms and ammunition shall be unloaded when
1264	1264	1253delivered and that delivery shall be only made to a person properly licensed, permitted or
1265	1265	1254exempted to possess the firearms or ammunition included in the delivery.
1266	1266	1255 (i) Any licensee, and any employee or agent of such a licensee, who violates this section
1267	1267	1256shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment
1268	1268	1257for not less than 1 year nor more than 10 years, or by both such fine and imprisonment.
1269	1269	1258 (j) The department of state police shall enter the business premises of any licensee 1 time
1270	1270	1259per calendar year during regular business hours and shall make inquiries and inspect the
1271	1271	1260licensee’s records, inventory, policies and procedures for the purpose of enforcing the provisions
1272	1272	1261of this section. Licensees found to be in violation of this section shall be subject to the
1273	1273	1262suspension or revocation of their license to sell. The department of the state police shall
1274	1274	1263promulgate rules and regulations to effectuate the purposes of this subsection. Nothing herein
1275	1275	1264shall prohibit any other law enforcement agency from conducting such inspections pursuant to a
1276	1276	1265valid search warrant issued by a court of competent jurisdiction.
1277	1277	1266 Section 125B. (a) A lawfully incorporated sporting or shooting club shall, upon
1278	1278	1267application, be licensed by the colonel of the state police or their designee to sell or supply
1279	1279	1268ammunition for regulated shooting on their premises, such as for skeet, target or trap shooting;
1280	1280	1269provided, however, that such club license shall, on behalf of said club, be issued to and exercised
1281	1281	1270by an officer or duly authorized member of the club who themselves possess a license to carry
1282	1282	1271firearms and who would not be disqualified to receive a license to sell in their own right. This 61 of 129
1283	1283	1272license shall be subject to the same terms, conditions and qualifications of a license to sell issued
1284	1284	1273under section 125.
1285	1285	1274 (b) A club or facility, incorporated under the laws of the commonwealth, with an on-site
1286	1286	1275shooting range or gallery, may be licensed by the colonel of the state police, after an
1287	1287	1276investigation, for the possession, storage and use of large capacity firearms and ammunition
1288	1288	1277therefor for use on the premises of the club; provided, however that not less than 1 shareholder of
1289	1289	1278the club shall be qualified and suitable to be issued a license to carry under section 124; and
1290	1290	1279provided further, that such large capacity firearms may be used under the club license only by a
1291	1291	1280member that possesses a valid license to carry firearms issued pursuant to section 124, or by such
1292	1292	1281other person that the club permits while under the direct supervision of a certified firearms safety
1293	1293	1282instructor or club member who possesses a valid license to carry firearms.
1294	1294	1283 (c) The club shall:
1295	1295	1284 (i) not permit shooting at targets that depict human figures, human effigies, human
1296	1296	1285silhouettes or any human images thereof, except by public safety personnel performing in line
1297	1297	1286with their official duties;
1298	1298	1287 (ii) not allow the removal of any large capacity firearm from the premises except as
1299	1299	1288permitted by law in order to: (A) transfer to a licensed dealer; (B) transport to a licensed
1300	1300	1289gunsmith for repair; (C) transport to target, trap or skeet shoot on the premises of another club
1301	1301	1290incorporated under the laws of the commonwealth; (D) transport to attend an exhibition or
1302	1302	1291educational project or event that is sponsored by, conducted under the supervision of or approved
1303	1303	1292by a public law enforcement agency or a national or state recognized entity that promotes 62 of 129
1304	1304	1293proficiency in or education about semiautomatic weapons; (E) hunt pursuant to chapter 131; or
1305	1305	1294(F) surrender the firearm pursuant to section 121C;
1306	1306	1295 (iii) secure in a locked container and unload during any lawful transport all large capacity
1307	1307	1296firearms or feeding devices kept on the premises when not in use;
1308	1308	1297 (iv) annually file a report with the colonel of the state police and the commissioner of the
1309	1309	1298department of criminal justice information services listing all large capacity firearms and large
1310	1310	1299capacity feeding devices owned or possessed under the license; and
1311	1311	1300 (v) permit the colonel to inspect all firearms owned or possessed by the club upon request
1312	1312	1301during regular business hours.
1313	1313	1302 Section 125C. (a) No licensee under section 125 shall sell, rent, lease or otherwise
1314	1314	1303transfer any firearm described in this section except to a business entity that is primarily a
1315	1315	1304firearm wholesaler, and such transfer shall, by its terms, prohibit the purchaser from reselling
1316	1316	1305such firearm to a firearm retailer or consumer in the commonwealth. This section shall apply to:
1317	1317	1306 (i) a firearm that has a frame, barrel, cylinder, slide or breechblock that is composed of:
1318	1318	1307(A) any metal having a melting point of less than 900 degrees Fahrenheit; (B) any metal having
1319	1319	1308an ultimate tensile strength of less than 55,000 pounds per square inch; or (C) any powdered
1320	1320	1309metal having a density of less than 7.5 grams per cubic centimeter. This clause shall not apply to
1321	1321	1310any make and model of a firearm for which a sample of 3 firearms in new condition all pass the
1322	1322	1311following test: each of the 3 samples shall fire 600 rounds, stopping every 100 rounds to tighten
1323	1323	1312any loose screws and to clean the gun if required by the cleaning schedule in the user manual,
1324	1324	1313and as needed to refill the empty magazine or cylinder to capacity before continuing. For any
1325	1325	1314firearm that is loaded in a manner other than via a detachable magazine, the tester shall also 63 of 129
1326	1326	1315pause every 50 rounds for 10 minutes. The ammunition used shall be the type recommended by
1327	1327	1316the firearm manufacturer in its user manual or, if none is recommended, any standard of
1328	1328	1317ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the
1329	1329	1318first 20 rounds without a malfunction, fires the full 600 rounds with not more than 6
1330	1330	1319malfunctions and completes the test without any crack or breakage of an operating part of the
1331	1331	1320firearm that does not increase the danger of injury to the user. For purposes of this clause
1332	1332	1321“malfunction” shall mean any failure to feed, chamber, fire, extract or eject a round or any
1333	1333	1322failure to accept or eject a magazine or any other failure which prevents the firearm, without
1334	1334	1323manual intervention beyond that needed for routine firing and periodic reloading, from firing the
1335	1335	1324chambered round or moving a new round into position so that the firearm is capable of firing the
1336	1336	1325new round properly. “Malfunction” shall not include a misfire caused by a faulty cartridge the
1337	1337	1326primer of which fails to detonate when properly struck by the firearm’s firing mechanism;
1338	1338	1327 (ii) a firearm that is prone to accidental discharge which, for purposes of this clause, shall
1339	1339	1328mean any make and model of firearm for which a sample of 5 firearms in new condition all
1340	1340	1329undergo, and none discharge during, the following test: each of the 5 sample firearms shall be:
1341	1341	1330(A) test loaded; (B) set so that the firearm is in a condition such that pulling the trigger and
1342	1342	1331taking any action that shall simultaneously accompany the pulling of the trigger as part of the
1343	1343	1332firing procedure would fire the firearm; and (C) dropped onto a solid slab of concrete from a
1344	1344	1333height of 1 meter from each of the following positions: (1) normal firing position; (2) upside
1345	1345	1334down; (3) on grip; (4) on the muzzle; (5) on either side; and (6) on the exposed hammer or striker
1346	1346	1335or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is
1347	1347	1336designed so that its hammer or striker may be set in other positions, each sample firearm shall be
1348	1348	1337tested as above with the hammer or striker in each such position but otherwise in such condition 64 of 129
1349	1349	1338that pulling the trigger, and taking any action that shall simultaneously accompany the pulling of
1350	1350	1339the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may
1351	1351	1340use additional sample firearms of the same make and model, in a similar condition, for the test of
1352	1352	1341each of these hammer striker settings;
1353	1353	1342 (iii) a firearm that is prone to: (A) firing more than once per pull of trigger; or (B)
1354	1354	1343explosion during firing; and
1355	1355	1344 (iv) a firearm that has a barrel less than 3 inches in length, unless the licensee discloses in
1356	1356	1345writing, prior to the transaction, to the prospective buyer, lessee or transferee the limitations of
1357	1357	1346the accuracy of the particular make and model of the subject firearm, by disclosing the make and
1358	1358	1347model’s average group diameter test result at 7 yards, average group diameter test result at 14
1359	1359	1348yards and average group diameter test result at 21 yards. For purpose of this clause, “average
1360	1360	1349group diameter test result” shall mean the arithmetic mean of three separate trials, each
1361	1361	1350performed as follows on a different sample firearm in new condition of the make and model at
1362	1362	1351issue. Each firearm shall fire 5 rounds at a target from a set distance and the largest spread in
1363	1363	1352inches between the centers of any of the holes made in the test target shall be measured and
1364	1364	1353recorded. This procedure shall be repeated 2 more times on the firearm. The arithmetic mean of
1365	1365	1354each of the 3 recorded results shall be deemed the result of the trial for that particular sample
1366	1366	1355firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its
1367	1367	1356user manual, if none is recommended, any standard ammunition of the correct caliber in new
1368	1368	1357condition.
1369	1369	1358 (b) Subsection (a) shall not apply to: (i) a firearm lawfully owned or possessed under a
1370	1370	1359license issued under this chapter on or before October 21, 1998; (ii) a stun gun; or (iii) a firearm 65 of 129
1371	1371	1360designated by the secretary of public safety, with the advice of the firearm control advisory
1372	1372	1361board, established pursuant to section 128, as a firearm solely designed and sold for formal target
1373	1373	1362shooting competition or for Olympic shooting competition and listed on the rosters pursuant to
1374	1374	1363section 128A.
1375	1375	1364 (c) Any licensee and any employee or agent of such a licensee who violates this section
1376	1376	1365shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment
1377	1377	1366for not less than one year nor more than 10 years, or by both such fine and imprisonment.
1378	1378	1367 SECTION 47. Said chapter 140 is hereby further amended by striking out section 126, as
1379	1379	1368so appearing, and inserting in place thereof the following 4 sections:-
1380	1380	1369 Section 126. (a) Any person applying for the issuance of a license or permit under
1381	1381	1370sections 124 to 124B, inclusive, shall, in addition to the requirements set forth in this chapter,
1382	1382	1371submit to the licensing authority a basic firearms safety certificate; provided, however, that a
1383	1383	1372certificate issued under section 14 of chapter 131 evidencing satisfactory completion of a hunter
1384	1384	1373education course shall serve as a valid substitute for a basic firearms safety certificate required
1385	1385	1374under this section for the issuance of a long gun permit. Persons lawfully possessing a firearm
1386	1386	1375identification card or license to carry firearms on August 1, 2024, shall be exempt from this
1387	1387	1376section upon expiration of such card or license and when applying for renewal of such licensure
1388	1388	1377as required under this chapter. No application for the issuance of a long gun permit or license to
1389	1389	1378carry shall be accepted or processed by the licensing authority without such certificate attached
1390	1390	1379thereto; provided, however, that this section shall not apply to: (i) any officer, agent or employee
1391	1391	1380of the commonwealth or any state of the United States; (ii) any member of the military or other
1392	1392	1381service of any state or of the United States; (iii) any duly authorized law enforcement officer, 66 of 129
1393	1393	1382agent or employee of any municipality of the commonwealth; provided, however, that any such
1394	1394	1383person described in clauses (i) to (iii), inclusive, shall be authorized by a competent authority to
1395	1395	1384carry or possess the firearm so carried or possessed and shall be acting within the scope of their
1396	1396	1385duties.
1397	1397	1386 (b)(i) The colonel of state police, in consultation with the municipal police training
1398	1398	1387committee, shall promulgate rules and regulations governing the issuance and form of basic
1399	1399	1388firearms safety certificates required pursuant to this section, including minimum requirements for
1400	1400	1389course curriculum and the contents of any written examination. The colonel shall create a written
1401	1401	1390examination and establish minimum requirements to pass said examination which shall be used
1402	1402	1391in all firearm safety courses or programs mandated under this section.
1403	1403	1392 (ii) The colonel shall further certify certain persons as firearms safety instructors, certify
1404	1404	1393safety course curriculum and annually update and post on the department of state police’s
1405	1405	1394website a list of approved instructors. Certification as a firearm safety instructor shall be valid for
1406	1406	1395a period of 10 years, unless sooner revoked by reason of unsuitability, in the discretion of said
1407	1407	1396colonel. Firearms safety instructors shall be any person certified by a nationally recognized
1408	1408	1397organization that fosters safety in firearms, or any other person in the discretion of said colonel,
1409	1409	1398to be competent to give instruction in a basic firearms safety course. Applicants for certification
1410	1410	1399as instructors under this section shall not be exempt from the requirements of this chapter or any
1411	1411	1400other law or regulation of the commonwealth or the United States. Upon application to the
1412	1412	1401colonel of state police, said colonel may, in their discretion, certify as a firearms safety instructor
1413	1413	1402any person who operates a firearms safety course or program which provides in its curriculum:
1414	1414	1403(a) the safe use, handling and storage of firearms; (b) methods for securing and childproofing
1415	1415	1404firearms; (c) the applicable laws relating to the possession, transportation and storage of 67 of 129
1416	1416	1405firearms; (d) knowledge of operation, potential dangers and basic competency in the ownership
1417	1417	1406and use of firearms; (e) injury prevention and harm reduction education; (f) active shooter and
1418	1418	1407emergency response training; (g) applicable laws relating to the use of force; (h) de-escalation
1419	1419	1408and disengagement tactics; and (i) live firearms training.
1420	1420	1409 (iii) The department of state police may impose a fee of $50 for initial issuance of such
1421	1421	1410certification to offset the cost of certifying instructors. The fee for certification renewal shall be
1422	1422	1411$10.
1423	1423	1412 (c)(i) Any firearms safety instructor certified under this section may, in their discretion,
1424	1424	1413issue a basic firearms safety certificate to any person who successfully completes the
1425	1425	1414requirements of a basic firearms safety course approved by the colonel. No firearms safety
1426	1426	1415instructor shall issue or cause to be issued any basic firearms safety certificate to any person who
1427	1427	1416fails to meet minimum requirements of the prescribed course of study including, but not limited
1428	1428	1417to, demonstrated competency in the use of firearms through class participation, satisfactory
1429	1429	1418completion of the written examination as prescribed by the colonel and live firearms training.
1430	1430	1419 (ii) Firearms safety instructors certified under this section shall forward to the department
1431	1431	1420of criminal justice information services copies of basic firearms safety course certificates issued,
1432	1432	1421which shall include a certification of each person’s satisfactory completion of the basic firearms
1433	1433	1422safety course and competency in the ownership and use of firearms. Upon receipt, the
1434	1434	1423department of criminal justice information services shall forward a copy of such certificate to the
1435	1435	1424applicant.
1436	1436	1425 (iii) Licensing authorities shall require a copy of such certificate to be provided
1437	1437	1426concurrently with an application for a license or permit and may make inquiry to the department 68 of 129
1438	1438	1427of criminal justice information services to confirm the issuance to the applicant of a basic
1439	1439	1428firearms safety certificate.
1440	1440	1429 (d) Any person applying for issuance of a license or permit under sections 124 to 124B,
1441	1441	1430inclusive, who knowingly files or submits a basic firearms safety certificate to a licensing
1442	1442	1431authority which contains false information shall be punished by a fine of not less than $1,000 nor
1443	1443	1432more than $5,000 or by imprisonment for not more than 2 years in a house of correction, or by
1444	1444	1433both such fine and imprisonment.
1445	1445	1434 (e) Any firearms safety instructor who knowingly issues a basic firearms safety certificate
1446	1446	1435to a person who has not successfully completed a firearms safety course approved by the colonel
1447	1447	1436shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for
1448	1448	1437not more than 2 years in a house of correction, or by both such fine and imprisonment.
1449	1449	1438 (f) The colonel of state police shall produce and distribute public service announcements
1450	1450	1439to encourage and educate the general public about: (i) safe storage and transportation of weapons
1451	1451	1440as outlined in sections 126B and 126C; and (ii) the importance of firearms safety education and
1452	1452	1441training, including information on places and classes that a person may attend to obtain firearms
1453	1453	1442safety education and training.
1454	1454	1443 Section 126A. (a) Licensing authorities shall participate in training seminars as
1455	1455	1444prescribed by the executive office of public safety and security which shall include, but shall not
1456	1456	1445be limited to, instruction on: (i) current laws, regulations and rules relating to this chapter; (ii)
1457	1457	1446licensing responsibilities; (iii) record keeping obligations; (iv) firearm surrender, registration and
1458	1458	1447tracing; and (v) electronic database use. Regulations prescribed by the executive office of public
1459	1459	1448safety and security may include penalties for non-compliance which may include review by the 69 of 129
1460	1460	1449Massachusetts Peace Officers Standards and Training Commission, established in section 2 of
1461	1461	1450chapter 6E.
1462	1462	1451 (b) Any person making an application for the issuance of a license to sell or renewal
1463	1463	1452thereof under section 125 shall, in addition to the requirements set forth in this chapter, complete
1464	1464	1453a dealer training program developed and offered online by the executive office of public safety
1465	1465	1454and security. No application for the issuance of a license to sell shall be accepted or processed by
1466	1466	1455the licensing authority without a certification of program completion.
1467	1467	1456 (c) The curriculum for the training program pursuant to subsection (b) shall include: (i)
1468	1468	1457uniform standards of security for business premises; (ii) employee background check and
1469	1469	1458training requirements; and (iii) information on requirements and conditions contained in sections
1470	1470	1459122 to 130E, inclusive, and other laws the executive office, in its discretion, deems relevant.
1471	1471	1460 (d) The executive office of public safety and security shall promulgate rules and
1472	1472	1461regulations to implement this section.
1473	1473	1462 Section 126B. (a) No person shall possess a loaded firearm under a license or permit
1474	1474	1463issued under sections 124 to 124B, inclusive, or through an exemption under sections 127 or
1475	1475	1464127A, in a vehicle unless the firearm is under the direct control of the person. Whoever violates
1476	1476	1465this subsection shall be punished by a fine of $500.
1477	1477	1466 (b) No person shall possess a large capacity firearm or machine gun under a license or
1478	1478	1467permit issued under sections 124 to 124B, inclusive, or through an exemption under sections 127
1479	1479	1468or 127A, in a vehicle unless it is unloaded and secured in a locked container as defined in section
1480	1480	1469121. Whoever violates this subsection shall be punished by a fine of not less than $500 nor more
1481	1481	1470than $5,000. 70 of 129
1482	1482	1471 (c) This section shall not apply to: (i) an officer, agent or employee of the
1483	1483	1472commonwealth, any state or the United States; (ii) a member of the military or other service of
1484	1484	1473any state or of the United States; (iii) a duly authorized law enforcement officer, agent or
1485	1485	1474employee of a municipality of the commonwealth; provided, however, that a person described in
1486	1486	1475clauses (i) to (iii), inclusive, shall be authorized by a competent authority to carry or possess the
1487	1487	1476weapon so carried or possessed and shall be acting within the scope of the person's official
1488	1488	1477duties.
1489	1489	1478 (d) A conviction of a violation of this section shall be reported immediately by the court
1490	1490	1479or magistrate to the issuing licensing authority. The licensing authority shall immediately revoke
1491	1491	1480the license or permit of the person convicted of a violation of this section. No new license or
1492	1492	1481permit may be issued to a person convicted of a violation of this section until 1 year after the
1493	1493	1482date of revocation of the license or permit.
1494	1494	1483 Section 126C. (a) It shall be unlawful to store or keep any firearm in any place unless
1495	1495	1484such firearm is secured in a locked container or equipped with a tamper-resistant mechanical
1496	1496	1485lock or other safety device, properly engaged so as to render the firearm inoperable by any
1497	1497	1486person other than the owner or other lawfully authorized user. For purposes of this section, such
1498	1498	1487firearm shall not be deemed stored or kept if carried by or under the direct control of the owner
1499	1499	1488or other lawfully authorized user.
1500	1500	1489 (b) A violation of this section shall be punished, in the case of any firearm that is not a
1501	1501	1490large capacity firearm or a machine gun, by a fine of not less than $1,000 nor more than $7,500
1502	1502	1491or by imprisonment for not more than 1½ years or by both such fine and imprisonment and, in
1503	1503	1492the case of a large capacity firearm or machine gun, by a fine of not less than $2,000 nor more 71 of 129
1504	1504	1493than $15,000 or by imprisonment for not less than 1½ years nor more than 12 years or by both
1505	1505	1494such fine and imprisonment.
1506	1506	1495 (c) A violation of this section shall be punished, in the case of a common long gun that
1507	1507	1496was stored or kept in a place where a person younger than 18 years of age who does not possess
1508	1508	1497a valid long gun permit issued under section 124A may have access without committing an
1509	1509	1498unforeseeable trespass, by a fine of not less than $2,500 nor more than $15,000 or by
1510	1510	1499imprisonment for not less than 1½ years nor more than 12 years or by both such fine and
1511	1511	1500imprisonment.
1512	1512	1501 (d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a
1513	1513	1502large capacity firearm or a semiautomatic firearm, or any other firearm that was stored or kept in
1514	1514	1503a place where a person younger than 18 years of age may have access without committing an
1515	1515	1504unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by
1516	1516	1505imprisonment for not less than 4 years nor more than 15 years or by both such fine and
1517	1517	1506imprisonment.
1518	1518	1507 (e) A violation of this section shall be evidence of wanton or reckless conduct in any
1519	1519	1508criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a
1520	1520	1509foreseeable trespasser acquired access to a firearm, unless such person possessed a valid long
1521	1521	1510gun permit issued under section 124A and was permitted by law to possess such firearm, and
1522	1522	1511such access results in the personal injury to or the death of any person.
1523	1523	1512 SECTION 48. Said chapter 140 is hereby further amended by striking out section 127, as
1524	1524	1513so appearing, and inserting in place thereof the following 3 sections:- 72 of 129
1525	1525	1514 Section 127. (a) Possession of a firearm or ammunition for a particular purpose and
1526	1526	1515limited time without being duly licensed or permitted under sections 124 to 124B, inclusive,
1527	1527	1516shall be permitted by:
1528	1528	1517 (i) a person voluntarily surrendering the firearm or ammunition to a licensing authority
1529	1529	1518pursuant to section 123D or to the colonel of the state police pursuant to section 121C;
1530	1530	1519 (ii) a resident of the commonwealth returning after having been absent from the
1531	1531	1520commonwealth for not less than 180 consecutive days or any new resident moving to the
1532	1532	1521commonwealth, only with respect to any firearm or ammunition then in their possession prior to
1533	1533	1522moving or return, for 60 days after such return or entry into the commonwealth; or
1534	1534	1523 (iii) an heir or devisee upon the death of the legal owner of the firearm or ammunition for
1535	1535	1524not more than 60 days after said firearm or ammunition is transferred into their possession and
1536	1536	1525who shall also be permitted to sell or otherwise transfer said firearm or ammunition to a duly
1537	1537	1526licensed person within this time period pursuant to section 127B.
1538	1538	1527 (b) Possession of a firearm or ammunition while under direct supervision of an individual
1539	1539	1528licensed under section 124 to 124B, inclusive, and only for a particular purpose and limited time
1540	1540	1529without being duly licensed or permitted under said sections 124 to 124B, inclusive, is permitted
1541	1541	1530by:
1542	1542	1531 (i) a retail customer for the purpose of firing at duly licensed target concessions at
1543	1543	1532amusement parks, piers and similar locations; provided, that the firearms to be so used shall be
1544	1544	1533firmly chained or affixed to the counter and shall be under the direct supervision of a duly
1545	1545	1534licensed or permitted proprietor or employee thereof; 73 of 129
1546	1546	1535 (ii) a professional photographer or writer for examination purposes while in the pursuit of
1547	1547	1536their profession or during the course of any television, movie, stage or other similar theatrical
1548	1548	1537production; provided, however, that they are at all times under the immediate supervision of a
1549	1549	1538holder of a license to carry or, in the case of common long guns only, a long gun permit;
1550	1550	1539 (iii) a person within the course of any television, movie, stage or similar theatrical
1551	1551	1540production while under the immediate supervision of a person licensed to carry firearms and only
1552	1552	1541in regard to the possession of a firearm and blank ammunition; or
1553	1553	1542 (iv) a person in the presence of a holder of the necessary license or permit for the purpose
1554	1554	1543of examination, trial or instruction.
1555	1555	1544 (c) Common carriers and their duly authorized employees and agents, may possess
1556	1556	1545firearms and ammunition therefor without being duly licensed or permitted under said sections
1557	1557	1546124 to 124B, inclusive, while performing the regular and ordinary transport of firearms as
1558	1558	1547merchandise for customers duly licensed to permit such transport so long as they abide by all
1559	1559	1548storage and transportation requirements set forth in section 126B and 126C.
1560	1560	1549 (d) Notwithstanding section 130E, banks or institutional lenders and their duly authorized
1561	1561	1550employees and agents, may possess and transfer non large capacity firearms and ammunition
1562	1562	1551therefor as collateral for a secured commercial transaction or as a result of a default thereof
1563	1563	1552without being duly licensed or permitted under said sections 124 to 124B, inclusive.
1564	1564	1553 (e) Other organizations and their duly authorized employees and agents, may purchase,
1565	1565	1554transfer and possess non large capacity firearms and ammunition therefor for a particular purpose
1566	1566	1555and limited time without being duly licensed or permitted under this chapter if they are: 74 of 129
1567	1567	1556 (i) a federally licensed firearms manufacturer or wholesale dealer or their employees or
1568	1568	1557agents may possess firearms and ammunition therefor when their possession is necessary for
1569	1569	1558manufacture, display, storage, transport, installation, inspection, or testing;
1570	1570	1559 (ii) federal, state and local historical societies, museums, and institutional collections
1571	1571	1560open to the public may possess firearms and ammunition therefor; provided, that such firearms
1572	1572	1561shall be unloaded and properly housed and secured from unauthorized handling and further
1573	1573	1562provided that the requirements for sales in section 127B are met; or
1574	1574	1563 (iii) a veteran’s organization chartered by the congress of the United States, chartered by
1575	1575	1564the commonwealth or recognized as a nonprofit tax-exempt organization by the internal revenue
1576	1576	1565service and its members may possess firearms and ammunition; provided, however, that
1577	1577	1566members may only possess unloaded large capacity rifles or unloaded large capacity shotguns or
1578	1578	1567large capacity rifles or large capacity shotguns that are loaded with blank cartridges and which
1579	1579	1568contain no projectile within the blank or the bore or chamber; and provided further, that all
1580	1580	1569possession by members of veteran’s organizations shall be limited to official parade duty or
1581	1581	1570ceremonial occasions.
1582	1582	1571 (f) A person in the military or other service of any state or of the United States, and
1583	1583	1572police officers and other peace officers of any jurisdiction, may purchase, sell, or otherwise
1584	1584	1573transfer and possess non-large capacity firearms and ammunition therefor without being duly
1585	1585	1574licensed or permitted under this chapter while in the performance of their official duty or when
1586	1586	1575duly authorized to possess them by their employing agency; provided, that the requirements for
1587	1587	1576sales in section 127B are met. Upon purchase, a person exempted under this subsection shall
1588	1588	1577submit to the seller full and clear proof of identification, including shield number, serial number, 75 of 129
1589	1589	1578military or governmental order or authorization, military or other official identification, as
1590	1590	1579applicable.
1591	1591	1580 (g) A person may furnish a minor under the age of 18 with a firearm for hunting,
1592	1592	1581instruction, recreation and participation in shooting sports provided that the person holds the
1593	1593	1582appropriate license or permit, or a duly commissioned officer, noncommissioned officer or
1594	1594	1583enlisted member of the United States army, navy, marine corps, air force or coast guard, or the
1595	1595	1584national guard or military service of the commonwealth or reserve components thereof, while in
1596	1596	1585performance of their duty.
1597	1597	1586 (h) No license or permit under this chapter shall be required for a legal resident of the
1598	1598	1587commonwealth over the age of 18 to carry or possess:
1599	1599	1588 (i) a firearm known as a detonator and commonly used on vehicles as a signaling and
1600	1600	1589marking device and only when carried or possessed for such purposes; or
1601	1601	1590 (ii) any device used exclusively for signaling or distress use and required or
1602	1602	1591recommended by the United States Coast Guard or the Interstate Commerce Commission, or for
1603	1603	1592the firing of stud cartridges, explosive rivets or similar industrial ammunition.
1604	1604	1593 (i) Nothing in this section shall supersede the firearm registration and serialization
1605	1605	1594requirements pursuant to sections 122 and 122A.
1606	1606	1595 Section 127A. (a) A nonresident who is at least 18 years of age may possess common
1607	1607	1596long guns and ammunition therefor pursuant to subsection (b) if the nonresident has a permit or
1608	1608	1597license issued from their state of residence which has substantially similar requirements to those 76 of 129
1609	1609	1598of the commonwealth for a long gun permit as determined by the colonel of the state police
1610	1610	1599pursuant to subsection (f).
1611	1611	1600 (b) A nonresident who is at least 18 years of age may possess common long guns and
1612	1612	1601ammunition therefor: (i) to hunt during hunting season with a nonresident hunting license or a
1613	1613	1602hunting license or permit lawfully issued from their state of residence which has substantially
1614	1614	1603similar requirements to those in section 11 of chapter 131, as determined by the colonel of the
1615	1615	1604state police pursuant to subsection (f); (ii) while on a firing or shooting range; (iii) while
1616	1616	1605traveling in or through the commonwealth; provided, that the common long guns shall be
1617	1617	1606unloaded and secured in a locked container pursuant to sections 126B and 126C; or (iv) while at
1618	1618	1607a firearm showing or display organized by a regularly existing gun collectors’ club or
1619	1619	1608association.
1620	1620	1609 (c) A nonresident who is at least 18 years of age may possess a pistol or revolver in or
1621	1621	1610through the commonwealth for the purpose of taking part in a pistol or revolver competition or
1622	1622	1611attending any meeting or exhibition of any organized group of firearm collectors or for the
1623	1623	1612purpose of hunting; provided, that such person has a permit or license to carry firearms issued
1624	1624	1613from their state of residence which has substantially similar requirements to those of the
1625	1625	1614commonwealth for a license to carry as determined by the colonel of the state police pursuant to
1626	1626	1615subsection (f); provided, however, that in the case of a person traveling in or through the
1627	1627	1616commonwealth for the purpose of hunting, they shall also have on their person a hunting or
1628	1628	1617sporting license issued by the commonwealth or by their destination state.
1629	1629	1618 (d) A nonresident may carry a firearm on their person while in a vehicle lawfully
1630	1630	1619traveling through the commonwealth; provided, however, that the firearm shall remain in the 77 of 129
1631	1631	1620vehicle and if the firearm is outside its owner’s direct control it shall be stored in the vehicle in
1632	1632	1621accordance with section 126C.
1633	1633	1622 (e) Police officers and other peace officers of any state, territory or jurisdiction within the
1634	1634	1623United States duly authorized to possess firearms by the laws thereof shall, for the purposes of
1635	1635	1624this section, be deemed to have a license to carry a firearm that is not an assault-style firearm
1636	1636	1625prohibited pursuant to section 128B.
1637	1637	1626 (f) The colonel of the state police shall determine those states with substantially similar
1638	1638	1627requirements to those of the commonwealth for a license to carry under section 124, long gun
1639	1639	1628permit under section 124A or hunting license under section 11 of chapter 131, and shall annually
1640	1640	1629publish a list of those states.
1641	1641	1630 Section 127B. (a) A person with a license to carry under section 124 may sell or transfer
1642	1642	1631firearms and ammunition and a person with a long gun permit under section 124A may sell or
1643	1643	1632transfer common long guns and ammunition to: (i) a person with a license to sell issued under
1644	1644	1633section 125; (ii) a federally licensed firearms dealer; or (iii) a federal, state or local historical
1645	1645	1634society, museum or institutional collection open to the public, without an annual limit on
1646	1646	1635transfers.
1647	1647	1636 (b) A person with a license to carry under section 124 may sell or transfer firearms and
1648	1648	1637ammunition therefor and a person with a long gun permit under section 124A may sell or transfer
1649	1649	1638common long guns and ammunition to the following; provided, however, that no more than 4
1650	1650	1639firearm transfers shall occur per calendar year:
1651	1651	1640 (i) a person with a license to carry under section 124; 78 of 129
1652	1652	1641 (ii) an exempted person if permitted under section 127 or 127A; and
1653	1653	1642 (iii) a person with a long gun permit under section 124A; provided, however, that for
1654	1654	1643transfers and purchases of firearms that are not common long guns, the transferee shall also have
1655	1655	1644a valid permit to purchase under section 124C.
1656	1656	1645 (c) An heir or devisee upon the death of a firearm owner, a person in the military, police
1657	1657	1646officers and other peace officers, a veteran’s organization and historical society, museums and
1658	1658	1647institutional collections open to the public may:
1659	1659	1648 (i) sell or transfer firearms and ammunition therefor, to a federally licensed firearms
1660	1660	1649dealer, or a federal, state or local historical society, museum or institutional collection open to
1661	1661	1650the public; and
1662	1662	1651 (ii) sell or transfer no more than 4 firearms and ammunition therefor per calendar year to:
1663	1663	1652(A) a person with a license to carry under section 124; (B) an exempted person under section 127
1664	1664	1653or 127A; or (C) to a person with a long gun permit under section 124A; provided, however, that
1665	1665	1654for transfers and purchases of firearms that are not common long guns, the transferee shall have a
1666	1666	1655valid permit to purchase under section 124C.
1667	1667	1656 (d) A person with a license to carry under section 124 may purchase or transfer firearms
1668	1668	1657and ammunition therefor from a dealer licensed under section 125 or a person permitted to sell
1669	1669	1658under this section.
1670	1670	1659 (e) A person with a long gun permit under section 124A who is over 18 years of age may
1671	1671	1660purchase or transfer common long guns and ammunition therefor from a dealer licensed under
1672	1672	1661section 125 or a person permitted to sell under this section. 79 of 129
1673	1673	1662 (f) The holder of a permit to purchase under section 124C may purchase or transfer
1674	1674	1663firearms and ammunition from a dealer licensed under section 125; provided, however that the
1675	1675	1664permit-holder also holds a license under section 124B.
1676	1676	1665 (g) A bona fide collector of firearms may purchase a firearm that was not previously
1677	1677	1666owned or registered in the commonwealth from a dealer licensed under section 125 if it is a curio
1678	1678	1667or relic firearm.
1679	1679	1668 (h) All purchases, sales or transfers of a firearm permitted under this section shall, prior
1680	1680	1669to or at the point of sale, be conducted through the electronic firearms registration system
1681	1681	1670pursuant to section 122. The department of criminal justice information services shall require
1682	1682	1671each person selling or transferring a firearm pursuant to this section to electronically provide,
1683	1683	1672through the electronic firearms registration system, such information as is determined to be
1684	1684	1673necessary to verify the identification of the seller and purchaser and ensure that the sale or
1685	1685	1674transfer complies with this section. Upon submission of the required information, the electronic
1686	1686	1675firearms registration system shall automatically review such information and display a message
1687	1687	1676indicating whether the seller may proceed with the sale or transfer and shall provide any further
1688	1688	1677instructions for the seller as determined to be necessary by the department of criminal justice
1689	1689	1678information services. The electronic firearms registration system shall keep a record of any sale
1690	1690	1679or transfer conducted pursuant to this section and shall provide the seller and purchaser with
1691	1691	1680verification of such sale or transfer.
1692	1692	1681 SECTION 49. Said chapter 140 is hereby further amended by striking out section 128, as
1693	1693	1682so appearing, and inserting in place thereof the following section:- 80 of 129
1694	1694	1683 Section 128. (a) There shall be a firearm control advisory board, within the executive
1695	1695	1684office of public safety and security, hereinafter referred to as the board, comprised of 7 members:
1696	1696	1685the director of the firearms record bureau within the department of criminal justice information
1697	1697	1686services or designee, who shall serve as chair; the attorney general or designee; 1 member
1698	1698	1687appointed by the speaker of the house of representatives; 1 member appointed by the president of
1699	1699	1688the senate; 2 members appointed by the governor, 1 of whom shall be a member of the Gun
1700	1700	1689Owners Action League, Inc. and 1 of whom shall be a police chief selected from a list of four
1701	1701	1690chiefs provided by the Massachusetts Chiefs of Police Association Incorporated; and the armorer
1702	1702	1691of the department of state police or designee.
1703	1703	1692 (b) The board shall advise the executive office of public safety and security on matters
1704	1704	1693relating to the firearm control provisions of this chapter, including, but not limited to, consulting
1705	1705	1694with the executive office of public safety and security on the development of the firearm rosters
1706	1706	1695outlined in section 128A. The board shall also advise the executive office of public safety and
1707	1707	1696security on training needs and materials for licensing authorities and licensees. The board
1708	1708	1697members shall serve without compensation; provided, however, that members shall be
1709	1709	1698reimbursed for any usual and customary expenses incurred in the performance of their duties.
1710	1710	1699The executive office of public safety and security, in consultation with the board, shall adopt
1711	1711	1700operating rules and procedures for its organization and activities.
1712	1712	1701 SECTION 50. Said chapter 140 is hereby further amended by striking out section 128A,
1713	1713	1702as so appearing, and inserting in place thereof the following section:-
1714	1714	1703 Section 128A. (a) The secretary of public safety and security shall, with the advice of the
1715	1715	1704firearm control advisory board established in section 128, compile and publish a roster of 81 of 129
1716	1716	1705assault-style firearms banned under section 128B and a roster of firearms approved for sale and
1717	1717	1706use in the commonwealth using the parameters set forth in section 125C. The secretary shall, not
1718	1718	1707less than 3 times annually, review, update, and publish the rosters online, and send a copy to all
1719	1719	1708persons licensed in the commonwealth pursuant to section 125. Licensing authorities shall
1720	1720	1709provide information on these rosters to all permit holders and licensees upon initial issuance and
1721	1721	1710every renewal.
1722	1722	1711 (b) The secretary, with the advice of the firearm control advisory board, shall also
1723	1723	1712compile and publish a roster of firearms solely designed and sold for formal target shooting
1724	1724	1713competitions or Olympic shooting competitions. The board shall, not less than biannually,
1725	1725	1714review, update and publish these rosters and make them available for distribution.
1726	1726	1715 (c) The secretary may amend any roster upon their own initiative. A person may petition
1727	1727	1716the secretary to place a firearm on, or remove a firearm from, the roster, subject to the provisions
1728	1728	1717of this section. A petition to amend a roster shall be submitted in writing to the secretary, in the
1729	1729	1718form and manner prescribed by the secretary, and include reasons why the roster should be
1730	1730	1719amended. Upon receipt of a petition to amend a roster, the secretary shall, within 45 days, either
1731	1731	1720notify the petitioner that the petition is denied or modify the roster. An addition to the roster shall
1732	1732	1721be effective on the date it is published online by the board.
1733	1733	1722 SECTION 51. Said chapter 140 is hereby further amended by striking out section 128B,
1734	1734	1723as so appearing, and inserting in place thereof the following 2 sections:-
1735	1735	1724 Section 128B. (a) No person shall possess, own, offer for sale, sell or otherwise transfer
1736	1736	1725in the commonwealth or import into the commonwealth an assault-style firearm, or a large
1737	1737	1726capacity feeding device. 82 of 129
1738	1738	1727 (b) Subsection (a) shall not apply to an assault-style firearm lawfully possessed within the
1739	1739	1728commonwealth on August 1, 2024 by an owner in possession of a license to carry issued under
1740	1740	1729section 124 or by a holder of a license to sell under section 125; provided, that the assault-style
1741	1741	1730firearm shall be registered in accordance with section 122 and serialized in accordance with
1742	1742	1731section 122A.
1743	1743	1732 (c) Subsection (a) shall not apply to large capacity feeding devices lawfully possessed on
1744	1744	1733September 13, 1994 only if such possession is: (i) on private property owned or legally
1745	1745	1734controlled by the person in possession of the large capacity feeding device; (ii) on private
1746	1746	1735property that is not open to the public with the express permission of the property owner or the
1747	1747	1736property owner’s authorized agent; (iii) while on the premises of a licensed firearms dealer or
1748	1748	1737gunsmith for the purpose of lawful repair; (iv) at a licensed firing range or sports shooting
1749	1749	1738competition venue; or (v) while traveling to and from these locations; provided, that the large
1750	1750	1739capacity feeding device is stored unloaded and secured in a locked container in accordance with
1751	1751	1740sections 126B and 126C. A person authorized under this subsection to possess a large capacity
1752	1752	1741feeding device may only transfer the device to an heir or devisee, a person residing outside the
1753	1753	1742commonwealth, or a licensed dealer.
1754	1754	1743 (d) Whoever violates this section shall be punished, for a first offense, by a fine of not
1755	1755	1744less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more
1756	1756	1745than 10 years, or by both such fine and imprisonment, and for a second offense, by a fine of not
1757	1757	1746less than $5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more
1758	1758	1747than 15 years, or by both such fine and imprisonment. 83 of 129
1759	1759	1748 (e) This section shall not apply to transfer or possession by: (i) a qualified law
1760	1760	1749enforcement officer or a qualified retired law enforcement officer, as defined in the Law
1761	1761	1750Enforcement Officers Safety Act of 2004, 18 U.S.C. sections 926B and 926C, respectively, as
1762	1762	1751amended; (ii) a federal, state or local law enforcement agency; or (iii) a federally licensed
1763	1763	1752manufacturer solely for sale or transfer in another state or for export.
1764	1764	1753 Section 128C. No person shall knowingly possess, own, sell, offer for sale, transfer,
1765	1765	1754manufacture, assemble, repair or import any firearm capable of discharging a bullet or shot that
1766	1766	1755is a covert firearm, a deceptive firearm device or an undetectable firearm all as defined in section
1767	1767	1756121. Whoever violates this section shall be punished, for a first offense, by a fine of not less than
1768	1768	1757$1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10
1769	1769	1758years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than
1770	1770	1759$5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more than 15
1771	1771	1760years, or by both such fine and imprisonment.
1772	1772	1761 SECTION 52. Said chapter 140 is hereby further amended by striking out section 129, as
1773	1773	1762so appearing, and inserting in place thereof the following section:-
1774	1774	1763 Section 129. (a) For the purposes of this section, the term “safety device” shall mean a
1775	1775	1764device designed to prevent the discharge of such firearm by unauthorized users and approved by
1776	1776	1765the colonel of state police including, but not limited to, mechanical locks or devices designed to
1777	1777	1766recognize and authorize, or otherwise allow the firearm to be discharged only by its owner or
1778	1778	1767authorized user, by solenoid use-limitation devices, key activated or combination trigger or
1779	1779	1768handle locks, radio frequency tags, automated fingerprint identification systems or any other
1780	1780	1769biometric means, provided, that such device shall be commercially available. 84 of 129
1781	1781	1770 (b) Any firearm sold within the commonwealth without a safety device shall be defective
1782	1782	1771and the sale of such a firearm shall constitute a breach of warranty under section 2–314 of
1783	1783	1772chapter 106 and an unfair or deceptive trade act or practice under section 2 of chapter 93A. Any
1784	1784	1773entity responsible for the manufacture, importation or sale as an inventory item or consumer
1785	1785	1774good, both as defined in section 9–102 of said chapter 106, of such a firearm that does not
1786	1786	1775include or incorporate such a safety device shall be individually and jointly liable to any person
1787	1787	1776who sustains personal injury or property damage resulting from the failure to include or
1788	1788	1777incorporate such a device. If death results from such personal injury, such entities shall be liable
1789	1789	1778in an amount including, but not limited to, that provided under chapter 229. Contributory or
1790	1790	1779comparative negligence shall not be valid defenses to an action brought under this section in
1791	1791	1780conjunction with said section 2 of said chapter 93A or section 2–314 of said chapter 106 or both;
1792	1792	1781provided, however, that nothing herein shall prohibit such liable parties from maintaining an
1793	1793	1782action for indemnification or contribution against each other or against the lawful owner or other
1794	1794	1783authorized user of said firearm. Any disclaimer, limit or waiver of the liability provided under
1795	1795	1784this section shall be void.
1796	1796	1785 (c) No entity responsible for the manufacture, importation or sale of such a firearm shall
1797	1797	1786be liable to any person for injuries caused by the discharge of such firearm that does not include
1798	1798	1787or incorporate a safety device as required under this section if such injuries were: (i) self-
1799	1799	1788inflicted, either intentionally or unintentionally, unless such injuries were self-inflicted by a
1800	1800	1789person less than 18 years of age; (ii) inflicted by the lawful owner or other authorized user of
1801	1801	1790said firearm; (iii) inflicted by any person in the lawful exercise of self-defense; or (iv) inflicted
1802	1802	1791upon a co-conspirator in the commission of a crime. 85 of 129
1803	1803	1792 (d) This section shall not apply to any firearm distributed to an officer of any law
1804	1804	1793enforcement agency or any member of the armed forces of the United States or the organized
1805	1805	1794militia of the commonwealth; provided, however, that such person shall be authorized to acquire,
1806	1806	1795possess or carry such a firearm for the lawful performance of his official duties; and provided
1807	1807	1796further, that any such firearm so distributed shall be distributed solely for use in connection with
1808	1808	1797such duties.
1809	1809	1798 SECTION 53. Said chapter 140 is hereby amended by striking out section 129B, as so
1810	1810	1799appearing, and inserting in place thereof the following section:-
1811	1811	1800 Section 129B. (a) Whoever, licensed under section 125, sells or furnishes a firearm or
1812	1812	1801ammunition to any person without a firearms license or permit shall have their license to sell
1813	1813	1802revoked and shall not be entitled to apply for such license for 10 years from the date of such
1814	1814	1803revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by
1815	1815	1804imprisonment in a state prison for not more than 10 years or house of correction for not more
1816	1816	1805than 2½ years or by both such fine and imprisonment; provided, however, that a valid permit to
1817	1817	1806purchase issued under section 124C may permit certain firearm transfers to persons over 18 years
1818	1818	1807of age.
1819	1819	1808 (b) Any person who, without being licensed under section 125 or exempt as provided
1820	1820	1809under this chapter, sells, rents, leases or otherwise transfers a firearm, or is engaged in business
1821	1821	1810as a gunsmith, shall be punished by a fine of not less than $1,000 nor more than $10,000, or by
1822	1822	1811imprisonment for not less than 1 year nor more than 10 years, or by both such fine and
1823	1823	1812imprisonment. 86 of 129
1824	1824	1813 (c) Whoever, not being licensed under section 125 or exempt as provided under this
1825	1825	1814chapter, sells ammunition within the commonwealth shall be punished by a fine of not less than
1826	1826	1815$500 nor more than $1,000 dollars or by imprisonment for not less than 6 months nor more than
1827	1827	18162 years.
1828	1828	1817 (d) A person who uses a license or permit under sections 124 to 124C, inclusive, to
1829	1829	1818purchase a firearm or ammunition for the unlawful use of another or for resale or transfer to an
1830	1830	1819unlicensed person shall be punished by a fine of not less than $1,000 nor more than $50,000 or
1831	1831	1820by imprisonment for not less than 2 ½ years nor more than 10 years in a state prison or by both
1832	1832	1821such fine and imprisonment. A conviction of this offense shall be immediately reported by the
1833	1833	1822court to the licensing authority that issued the license or permit. Said licensing authority shall
1834	1834	1823immediately revoke the license or permit pursuant to section 123C and no license or permit shall
1835	1835	1824be issued to a person so convicted within 2 years after the date of the revocation of the license or
1836	1836	1825permit.
1837	1837	1826 (e) Evidence that a person sold or attempted to sell a machine gun shall constitute prima
1838	1838	1827facie evidence that such person is engaged in the business of selling machine guns.
1839	1839	1828 SECTION 54. Sections 129C and 129D of said chapter 140 are hereby repealed.
1840	1840	1829 SECTION 55. Said chapter 140 is hereby further amended by striking out section 130, as
1841	1841	1830so appearing, and inserting in place thereof the following section:-
1842	1842	1831 Section 130. A certificate by a ballistics expert of the department of the state police or of
1843	1843	1832the city of Boston of the result of an examination made by the expert of an item furnished to the
1844	1844	1833expert by any police officer, signed and sworn to by such expert, shall be prima facie evidence of
1845	1845	1834the expert’s findings as to whether or not the item furnished is a firearm or ammunition; 87 of 129
1846	1846	1835provided, that in order to qualify as an expert under this section the expert shall have previously
1847	1847	1836qualified as an expert in a court proceeding.
1848	1848	1837 SECTION 56. Section 130½ of said chapter 140 is hereby repealed.
1849	1849	1838 SECTION 57. Said chapter 140 is hereby amended by striking out section 130B, as so
1850	1850	1839appearing, and inserting in place thereof the following 4 sections:-
1851	1851	1840 Section 130B. If there is exposed from, maintained in or permitted to remain on any
1852	1852	1841vehicle or premises any placard, sign or advertisement purporting or designed to announce that
1853	1853	1842firearms are kept in or upon such vehicle or premises or that an occupant of any vehicle or
1854	1854	1843premises is a gunsmith, it shall be prima facie evidence that firearms are kept in or upon such
1855	1855	1844vehicle or premises for sale or that the occupant is engaged in business as a gunsmith.
1856	1856	1845 Section 130C. Whoever falsely makes, alters, forges or counterfeits or procures or assists
1857	1857	1846another to falsely make, alter, forge or counterfeit any license or permit issued under sections
1858	1858	1847124 to 124C, inclusive, 124E, 125 or 125B or whoever forges or without authority uses the
1859	1859	1848signature, facsimile of the signature, or validating signature stamp of the licensing authority or its
1860	1860	1849designee, or whoever possesses, utters, publishes as true or in any way makes use of a falsely
1861	1861	1850made, altered, forged or counterfeited license or permit issued under sections 124 to 124C,
1862	1862	1851inclusive, 124E, 125 or 125B shall be punished by imprisonment in a state prison for not more
1863	1863	1852than 5 years or in a jail or house of correction for not more than 2 years, or by a fine of not less
1864	1864	1853than $500, or both such fine and imprisonment.
1865	1865	1854 Section 130D. Whoever in purchasing, renting or otherwise procuring a firearm or
1866	1866	1855ammunition in making application for any license or permit issued under section 124 to 124C,
1867	1867	1856inclusive, in connection therewith, or in requesting that work be done by a gunsmith, gives a 88 of 129
1868	1868	1857false or fictitious name or address or knowingly offers or gives false information concerning the
1869	1869	1858date or place of birth, citizenship or residency status, occupation or criminal record, shall for the
1870	1870	1859first offense be punished by a fine of not less than $500 nor more than $1,000, or by
1871	1871	1860imprisonment for not more than 1 year, or both; and for a second or subsequent offense, shall be
1872	1872	1861punished by imprisonment for not less than 2½ years nor more than 5 years in the state prison.
1873	1873	1862 Section 130E. Whoever loans money secured by mortgage, deposit or pledge of a firearm
1874	1874	1863shall be punished by a fine of not more than $500 or by imprisonment for not more than 1 year,
1875	1875	1864or by both; provided, however, that nothing herein shall prohibit a bank or other institutional
1876	1876	1865lender from loaning money secured by a mortgage, deposit, or pledge of a firearm to a
1877	1877	1866manufacturer, wholesaler, or dealer of firearms. Subsection (h) of section 125A shall not be
1878	1878	1867applicable to any such mortgage, deposit or pledge unless or until the lender takes possession of
1879	1879	1868the collateral upon default or the collateral is removed from the premises of the debtor.
1880	1880	1869 SECTION 58. Said chapter 140 is hereby further amended by striking out sections 131 to
1881	1881	1870131H, inclusive, as so appearing, and inserting in place thereof the following 8 sections:-
1882	1882	1871 Section 131. (a) A petitioner who believes that a person holding a license or permit under
1883	1883	1872section 124 to 124B, inclusive, may pose a risk of causing bodily injury to self or others may, on
1884	1884	1873a form furnished by the court and signed under the pains and penalties of perjury, file a petition
1885	1885	1874in court.
1886	1886	1875 (b) A petition filed pursuant to this section shall:
1887	1887	1876 (i) state any relevant facts supporting the petition; 89 of 129
1888	1888	1877 (ii) identify the reasons why the petitioner believes that the respondent poses a risk of
1889	1889	1878causing bodily injury to self or others by having in the respondent's control, ownership or
1890	1890	1879possession a firearm or ammunition;
1891	1891	1880 (iii) identify the number, types and locations of any firearms or ammunition the petitioner
1892	1892	1881believes to be in the respondent's current control, ownership or possession;
1893	1893	1882 (iv) identify whether there is an abuse prevention order pursuant to chapter 209A, a
1894	1894	1883harassment prevention order pursuant to chapter 258E or an order similar to an abuse prevention
1895	1895	1884or harassment prevention order issued by another jurisdiction in effect against the respondent;
1896	1896	1885and
1897	1897	1886 (v) identify whether there is a pending lawsuit, complaint, petition or other legal action
1898	1898	1887between the parties to the petition.
1899	1899	1888 (c) No fees for filing or service of process may be charged by a court or any public
1900	1900	1889agency to a petitioner filing a petition pursuant to this section.
1901	1901	1890 (d) The petitioner’s residential address, residential telephone number and workplace
1902	1902	1891name, address and telephone number, contained within the records of the court related to a
1903	1903	1892petition shall be confidential and withheld from public inspection, except by order of the court;
1904	1904	1893provided, however, that the petitioner's residential address and workplace address shall appear on
1905	1905	1894the court order and shall be accessible to the respondent and the respondent's attorney unless the
1906	1906	1895petitioner specifically requests, and the court orders, that this information be withheld from the
1907	1907	1896order. All confidential portions of the records shall be accessible at all reasonable times to the
1908	1908	1897petitioner and the petitioner's attorney, the licensing authority of the municipality where the
1909	1909	1898respondent resides and to law enforcement officers, if such access is necessary in the 90 of 129
1910	1910	1899performance of their official duties. Such confidential portions of the court records shall not be
1911	1911	1900deemed to be public records under clause Twenty-sixth of section 7 of chapter 4.
1912	1912	1901 (e) The court may order that any information in the petition or case record be impounded
1913	1913	1902in accordance with court rule.
1914	1914	1903 (f) Upon receipt of a petition under this section and if the petitioner is a family or
1915	1915	1904household member as defined in section 121, the clerk of the court shall provide to the petitioner
1916	1916	1905and respondent informational resources about: (i) crisis intervention; (ii) mental health; (iii)
1917	1917	1906substance use disorders; (iv) counseling services; and (v) the process to apply for a temporary
1918	1918	1907commitment under section 12 of chapter 123.
1919	1919	1908 Section 131A. (a) The court shall, within 10 days of receipt of a petition pursuant to
1920	1920	1909section 131, conduct a hearing on the petition. Upon receipt of the petition, the court shall issue a
1921	1921	1910summons with the date, time and location of the hearing. The court shall direct a law
1922	1922	1911enforcement officer to personally serve a copy of the petition and the summons on the
1923	1923	1912respondent or, if personal service by a law enforcement officer is not possible, the court may,
1924	1924	1913after a hearing, order that service be made by some other identified means reasonably calculated
1925	1925	1914to reach the respondent. Service shall be made not less than 7 days prior to the hearing.
1926	1926	1915 (b) Notwithstanding subsection (a), the court shall, within 2 days of receipt of a petition
1927	1927	1916made pursuant to section 131, conduct a hearing on the petition if the respondent files an
1928	1928	1917affidavit that a firearm or ammunition is required in the performance of the respondent's
1929	1929	1918employment.
1930	1930	1919 (c)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court finds by a
1931	1931	1920preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or 91 of 129
1932	1932	1921others by having in the respondent's control, ownership or possession a firearm or ammunition,
1933	1933	1922the court shall grant the petition. If the respondent does not appear at the hearing pursuant to
1934	1934	1923subsection (a) or subsection (b), the court shall grant the petition upon a determination that the
1935	1935	1924petitioner has demonstrated by a preponderance of the evidence that the respondent poses such a
1936	1936	1925risk.
1937	1937	1926 (2) Upon granting a petition, the court shall issue an extreme risk protection order and
1938	1938	1927shall order the respondent to surrender any licenses and permits under section 124 to 124B,
1939	1939	1928inclusive, and all firearms and ammunition that the respondent then controls, owns or possesses
1940	1940	1929to the licensing authority of the municipality where the respondent resides. The court shall enter
1941	1941	1930written findings as to the basis of its order within 24 hours of granting the order. The court may
1942	1942	1931modify, suspend or terminate its order at any subsequent time upon motion by either party;
1943	1943	1932provided, however, that due notice shall be given to the respondent and petitioner, and the court
1944	1944	1933shall hold a hearing on said motion. When the petitioner's address is confidential to the
1945	1945	1934respondent as provided in subsection (d) of section 131 and the respondent has filed a motion to
1946	1946	1935modify the court's order, the court shall be responsible for notifying the petitioner. In no event
1947	1947	1936shall the court disclose any such confidential address.
1948	1948	1937 (3) Not less than 30 calendar days prior to the expiration of an extreme risk protection
1949	1949	1938order, the court shall notify the petitioner at the best-known address of the scheduled expiration
1950	1950	1939of the order and that the petitioner may file a petition to renew the order pursuant to section 131.
1951	1951	1940 (d)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court has
1952	1952	1941probable cause to believe that the respondent has access to a firearm or ammunition, on their
1953	1953	1942person or in an identified place, and the respondent fails to surrender any firearms or ammunition 92 of 129
1954	1954	1943within 24 hours of being served pursuant to subsection (e), the court shall issue a warrant
1955	1955	1944identifying the property, naming or describing the person or place to be searched, and
1956	1956	1945commanding the appropriate law enforcement agency to search the person of the respondent and
1957	1957	1946any identified place and seize any firearm or ammunition found to which the respondent would
1958	1958	1947have access.
1959	1959	1948 (2) The court may issue additional warrants to seize firearms or ammunition if the court
1960	1960	1949determines there is probable cause to believe that the respondent has retained, acquired or gained
1961	1961	1950access to a firearm or ammunition while an order under this section remains in effect.
1962	1962	1951 (3) Upon executing a warrant issued pursuant to this subsection or section 131B, the law
1963	1963	1952enforcement agency conducting the search shall issue a receipt identifying any firearm or
1964	1964	1953ammunition seized. The law enforcement agency shall provide a copy of the receipt to the
1965	1965	1954respondent. The licensing authority shall then, within 48 hours of the search, return the warrant
1966	1966	1955to the court with the original receipt. If the law enforcement agency executing the warrant and
1967	1967	1956the licensing authority for the municipality where the respondent resides are different, the law
1968	1968	1957enforcement agency shall remit to the licensing authority a copy of the receipt along with any
1969	1969	1958seized items, and shall file with its warrant and receipt a certification signed by both the law
1970	1970	1959enforcement agency and the licensing authority that the seized items were delivered to and
1971	1971	1960accepted by the licensing authority. The licensing authority shall store the seized items with any
1972	1972	1961items surrendered in accordance with subsection (f).
1973	1973	1962 (e) Upon issuing an extreme risk protection order the clerk-magistrate of the court shall
1974	1974	1963transmit 2 certified copies of the order and 1 copy of the petition and summons forthwith to the
1975	1975	1964licensing authority of the municipality where the respondent resides which, unless otherwise 93 of 129
1976	1976	1965ordered by the court, shall immediately serve a copy of the order and petition upon the
1977	1977	1966respondent. If a warrant has been issued pursuant to subsection (d) or pursuant to subsection (b)
1978	1978	1967of section 131B, the court shall submit 2 certified copies of the warrant, 1 copy of the petition
1979	1979	1968and summons and 1 copy of the extreme risk protection order to the appropriate law enforcement
1980	1980	1969agency for execution. Licensing authorities and law enforcement agencies shall establish
1981	1981	1970adequate procedures to ensure that, when effecting service upon a respondent or executing a
1982	1982	1971warrant, a law enforcement officer shall, to the extent practicable: (i) fully inform the respondent
1983	1983	1972of the contents and terms of the order or warrant and the available penalties for any violation of
1984	1984	1973an order; and (ii) provide the respondent with informational resources, including, but not limited
1985	1985	1974to, a list of services relating to crisis intervention, mental health, substance use disorders and
1986	1986	1975counseling, and a list of interpreters, as necessary, located within or near the court's jurisdiction.
1987	1987	1976The chief justice of the trial court, in consultation with the executive office of public safety and
1988	1988	1977security, and the department of mental health, shall annually update the informational resource
1989	1989	1978guides required under this section.
1990	1990	1979 Each extreme risk protection order issued by the court shall contain the following
1991	1991	1980statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
1992	1992	1981 (f) Upon receipt of service of an extreme risk protection order, the licensing authority of
1993	1993	1982the municipality where the respondent resides shall immediately suspend the respondent's license
1994	1994	1983or permit under sections 124 to 124B, inclusive, and shall immediately notify the respondent of
1995	1995	1984said suspension.
1996	1996	1985 Upon receipt of service of an extreme risk protection order the respondent shall
1997	1997	1986immediately surrender their license or permit under sections 124 to 124B, inclusive, and all 94 of 129
1998	1998	1987firearms or ammunition in their control, ownership or possession to the local licensing authority
1999	1999	1988serving the order, in accordance with section 123D; provided, however, that nothing in this
2000	2000	1989section or in section 123D shall allow the respondent to: (i) transfer any firearms or ammunition
2001	2001	1990required to be surrendered, or surrendered, by the respondent to anyone other than a licensed
2002	2002	1991dealer; or (ii) maintain control, ownership or possession of any firearms or ammunition during
2003	2003	1992the pendency of any appeal of an extreme risk protection order; provided, however, that while
2004	2004	1993the surrender of ownership pursuant to an extreme risk protection order shall require the
2005	2005	1994immediate surrender of any firearms license or permit and all firearms or ammunition in the
2006	2006	1995respondent's control or possession, it shall not require the surrender of permanent ownership
2007	2007	1996rights; and provided further that, notwithstanding section 123D, if the licensing authority cannot
2008	2008	1997reasonably ascertain a lawful owner of firearms or ammunition surrendered pursuant to extreme
2009	2009	1998risk protection order within 180 days of the expiration or termination of the extreme risk
2010	2010	1999protection order, the licensing authority may, in its discretion, trade or dispose of surplus,
2011	2011	2000donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms
2012	2012	2001dealers and the proceeds of such sale or transfer shall be remitted or credited to the municipality
2013	2013	2002in which the licensing authority presides to be used for violence reduction or suicide prevention.
2014	2014	2003A violation of this subsection shall be punishable by a fine of not more than $5,000 or by
2015	2015	2004imprisonment for not more than 2 1/2 years in a house of correction or by both such fine and
2016	2016	2005imprisonment.
2017	2017	2006 (g) Upon receipt of a license or permit under section 124 to 124B, inclusive, and any
2018	2018	2007firearms or ammunition surrendered by a respondent pursuant to subsection (f) or seized
2019	2019	2008pursuant to subsection (d), the licensing authority taking possession of the license or permit and
2020	2020	2009firearms or ammunition shall issue a receipt identifying any license or permit and all firearms or 95 of 129
2021	2021	2010ammunition surrendered or seized and shall provide a copy of the receipt to the respondent. The
2022	2022	2011licensing authority shall, within 48 hours of the surrender or 48 hours of receipt after seizure, file
2023	2023	2012the receipt with the court.
2024	2024	2013 (h) If a person other than the respondent claims title to any firearms or ammunition
2025	2025	2014required to be surrendered, or seized pursuant to this section, and is determined by the licensing
2026	2026	2015authority to be the lawful owner of the firearms or ammunition, the firearms or ammunition shall
2027	2027	2016be returned to the person; provided, however, that: (i) the firearms or ammunition shall be
2028	2028	2017removed from the respondent’s control, ownership or possession and the lawful owner agrees to
2029	2029	2018store the firearms or ammunition in a manner such that the respondent does not have access to, or
2030	2030	2019control of, the firearms or ammunition; and (ii) the firearms or ammunition shall not be
2031	2031	2020otherwise unlawfully possessed by the owner. A violation of this subsection shall be punishable
2032	2032	2021by a fine of not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of
2033	2033	2022correction or by both such fine and imprisonment.
2034	2034	2023 (i) Upon the expiration or termination of an extreme risk protection order, a licensing
2035	2035	2024authority holding any firearms or ammunition that have been surrendered or seized pursuant to
2036	2036	2025this section shall return any license or permit under sections 124 to 124B, inclusive, and all
2037	2037	2026firearms or ammunition requested by a respondent only after the licensing authority of the
2038	2038	2027municipality in which the respondent resides confirms that the respondent is suitable for a
2039	2039	2028firearms license or permit and to control, own or possess firearms or ammunition under federal
2040	2040	2029and state law.
2041	2041	2030 Not less than 7 days prior to the expiration of an extreme risk protection order, a
2042	2042	2031licensing authority holding any firearms or ammunition that have been surrendered pursuant to 96 of 129
2043	2043	2032this section shall notify the petitioner of the expiration of the extreme risk protection order and
2044	2044	2033the return of a firearms license or permit and the return of any firearms or ammunition to the
2045	2045	2034respondent.
2046	2046	2035 As soon as reasonably practicable after receiving notice of the termination of an extreme
2047	2047	2036risk protection order by the court, a licensing authority holding any firearms or ammunition that
2048	2048	2037have been surrendered pursuant to this section shall notify the petitioner of the termination of the
2049	2049	2038extreme risk protection order and the return of a firearms license or permit and the return of any
2050	2050	2039firearms or ammunition to the respondent.
2051	2051	2040 (j) A respondent who has surrendered a license or permit under section 124 to 124B,
2052	2052	2041inclusive, and all firearms or ammunition to a licensing authority, or who had any firearms or
2053	2053	2042ammunition seized by a law enforcement agency, and who does not wish to have the firearms
2054	2054	2043license or permit or firearms or ammunition returned or who is no longer eligible to control, own
2055	2055	2044or possess firearms or ammunition pursuant to this chapter or federal law, may sell or transfer
2056	2056	2045title of the firearms or ammunition to a licensed firearms dealer, notwithstanding the limits on
2057	2057	2046private firearm transfers in section 127B; provided, however, that the respondent shall not take
2058	2058	2047physical possession of the firearms or ammunition. The licensing authority may transfer
2059	2059	2048possession of the firearms or ammunition to a licensed dealer upon the dealer providing the
2060	2060	2049licensing authority with written proof of the sale or transfer of title of the firearms or ammunition
2061	2061	2050from the respondent to the dealer.
2062	2062	2051 (k) If the licensing authority cannot reasonably ascertain the lawful owner of any firearms
2063	2063	2052or ammunition surrendered or seized pursuant to this section within 180 days of the expiration or 97 of 129
2064	2064	2053termination of the order to surrender the firearms or ammunition the licensing authority may
2065	2065	2054dispose of the firearms or ammunition pursuant to section 123D.
2066	2066	2055 Section 131B. (a)(1) Upon the filing of a petition pursuant to section 131, the court may
2067	2067	2056issue an emergency extreme risk protection order without notice to the respondent and prior to
2068	2068	2057the hearing required pursuant to subsection (a) of section 131A if the court finds reasonable
2069	2069	2058cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's
2070	2070	2059self or others by being in possession of a license or permit under section 124 to 124B, inclusive,
2071	2071	2060or having in the respondent's control, ownership or possession a firearm or ammunition.
2072	2072	2061 Upon issuance of an emergency extreme risk protection order pursuant to this section, the
2073	2073	2062clerk magistrate of the court shall notify the respondent pursuant to subsection (e) of section
2074	2074	2063131A. An order issued under this subsection shall expire 10 days after its issuance unless a
2075	2075	2064hearing is scheduled pursuant to subsection (a) or (b) of said section 131A or at the conclusion of
2076	2076	2065a hearing held pursuant to said subsection (a) or (b) of said section 131A unless a permanent
2077	2077	2066order is issued by the court pursuant to paragraph (2) of subsection (c) of said section 131A.
2078	2078	2067 (2) Upon receipt of service of an emergency extreme risk protection order pursuant to this
2079	2079	2068section, the respondent shall immediately surrender the respondent's license or permit under
2080	2080	2069section 124 to 124B, inclusive, and all firearms or ammunition to the licensing authority serving
2081	2081	2070the order as provided in subsection (f) of section 131A.
2082	2082	2071 (b)(1) If the court has probable cause to believe that the respondent has access to a
2083	2083	2072firearm or ammunition, on their person or in an identified place, and the respondent fails to
2084	2084	2073surrender any firearms or ammunition within 24 hours of being served pursuant to subsection (e)
2085	2085	2074of section 131A, the court shall issue a warrant identifying the property, naming or describing 98 of 129
2086	2086	2075the person or place to be searched, and commanding the appropriate law enforcement agency to
2087	2087	2076search the person of the respondent and any identified place and seize any firearm or ammunition
2088	2088	2077found to which the respondent would have access.
2089	2089	2078 (2) The law enforcement agency shall conduct its search and manage any seized property
2090	2090	2079pursuant to paragraph (3) of subsection (d) of section 131A.
2091	2091	2080 (c) When the court is closed for business, the court may grant an emergency extreme risk
2092	2092	2081protection order if the court finds reasonable cause to conclude that the respondent poses a risk
2093	2093	2082of causing bodily injury to the respondent's self or others by being in possession of a firearms
2094	2094	2083license or by having in the respondent's control, ownership or possession of a firearm or
2095	2095	2084ammunition, and shall issue a warrant pursuant to subsection (b) upon probable cause that the
2096	2096	2085respondent has access to a firearm or ammunition, on their person or in an identified place, and
2097	2097	2086the respondent fails to surrender any firearms or ammunition within 24 hours of being served
2098	2098	2087pursuant to subsection (e) of section 131A. In the discretion of the justice, such relief may be
2099	2099	2088granted and communicated by telephone to the licensing authority of the municipality where the
2100	2100	2089respondent resides, which shall record such order or warrant on a form of order or warrant
2101	2101	2090promulgated for such use by the chief justice of the trial court and shall deliver a copy of such
2102	2102	2091order or warrant on the next court business day to the clerk-magistrate of the court. If relief has
2103	2103	2092been granted without the filing of a petition pursuant to section 131, the petitioner shall appear in
2104	2104	2093court on the next available court business day to file a petition. An order or warrant issued under
2105	2105	2094this subsection shall expire at the conclusion of the next court business day after issuance unless
2106	2106	2095a petitioner has filed a petition with the court pursuant to section 131 and the court has issued an
2107	2107	2096emergency extreme risk protection order pursuant to subsection (a). 99 of 129
2108	2108	2097 Section 131C. On the same day that an extreme risk protection order is issued pursuant to
2109	2109	2098section 131A or section 131B, the clerk magistrate of the court shall forward a copy of the order
2110	2110	2099to: (i) the licensing authority; (ii) the commissioner of probation; (iii) the department of criminal
2111	2111	2100justice information services, which shall transmit the report, pursuant to paragraph (h) of section
2112	2112	2101167A of chapter 6, to the attorney general of the United States to be included in the National
2113	2113	2102Instant Criminal Background Check System; and (iv) any other federal or state computer-based
2114	2114	2103systems used by law enforcement or others to identify prohibited purchasers of firearms. Upon
2115	2115	2104the expiration or termination of an extreme risk protection order issued pursuant to section 131A
2116	2116	2105or section 131B, the clerk magistrate of the court shall notify: (i) the licensing authority; (ii) the
2117	2117	2106commissioner of probation; (iii) the department of criminal justice information services, which
2118	2118	2107shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the attorney
2119	2119	2108general of the United States to be included in the National Instant Criminal Background Check
2120	2120	2109System; and (iv) any other federal or state computer-based systems used by law enforcement or
2121	2121	2110others to identify prohibited purchasers of firearms that the order has been terminated or has
2122	2122	2111expired.
2123	2123	2112 Section 131E. A person who files a petition for an extreme risk protection order, knowing
2124	2124	2113the information in the petition to be materially false or with an intent to harass the respondent,
2125	2125	2114shall be punished by a fine of not less than $2,500 and not more than $5,000 or by imprisonment
2126	2126	2115for not more than 2½ years in the house of correction or by both such fine and imprisonment.
2127	2127	2116 Section 131F. The chief justice of the trial court, in consultation with the chief justice of
2128	2128	2117the district court and the chief justice of the Boston municipal court, shall promulgate rules,
2129	2129	2118regulations and policies and shall develop and prepare instructions, brochures, petitions, forms
2130	2130	2119and other material required for the administration and enforcement of sections 131 to 131H, 100 of 129
2131	2131	2120inclusive, which shall be in such form and language to permit a petitioner to prepare and file a
2132	2132	2121petition pro se.
2133	2133	2122 Section 131G. (a) Sections 131 to 131H, inclusive, shall not affect the ability of a law
2134	2134	2123enforcement officer to remove firearms or ammunition from any person or conduct any search
2135	2135	2124and seizure for firearms or ammunition pursuant to other lawful authority.
2136	2136	2125 (b) Nothing in sections 131 to 131H, inclusive, shall supersede or limit a licensing
2137	2137	2126authority’s ability to suspend or revoke a license or permit under section 124 to 124B, inclusive,
2138	2138	2127that the licensing authority has issued pursuant to other lawful authority.
2139	2139	2128 (c) Sections 131 to 131H, inclusive, shall not impose a duty to file a petition on any of the
2140	2140	2129following, nor shall the same be held criminally or civilly liable for failure to petition: (i) any
2141	2141	2130family or household member; (ii) a health care provider; provided, that for the purposes of this
2142	2142	2131section “health care provider” shall include a licensed physician, licensed physician assistant,
2143	2143	2132registered nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse
2144	2144	2133specialist, certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed
2145	2145	2134psychologist, licensed mental health counselor, licensed marriage and family therapist, licensed
2146	2146	2135alcohol and drug counselor, licensed independent clinical social worker, or licensed certified
2147	2147	2136social worker; (iii) a principal or assistant principal of an elementary school or secondary school,
2148	2148	2137or administrator of a college or university; or (iv) an employer.
2149	2149	2138 (d) Notwithstanding any general or special law or rule or regulation to the contrary, a
2150	2150	2139petitioner that is a health care provider may disclose protected health information of the
2151	2151	2140respondent; provided, however, that such disclosure shall be limited to only that information
2152	2152	2141which is necessary to file a petition or renewal of an extreme risk protection order. Any records 101 of 129
2153	2153	2142or documents relating to the diagnosis, prognosis, treatment, or other health information of the
2154	2154	2143respondent requested by the court shall be impounded in accordance with court rule.
2155	2155	2144 (e) The supreme judicial court and the appeals court shall have concurrent jurisdiction to
2156	2156	2145review any proceedings held, determinations made, and orders or judgments entered in the court
2157	2157	2146pursuant to section 131A or section 131B. The supreme judicial court or the appeals court,
2158	2158	2147subject to section 13 of chapter 211A may by rule vary the procedure authorized or required for
2159	2159	2148such review upon a finding that the review by the court will thereby be made more simple,
2160	2160	2149speedy and effective.
2161	2161	2150 Section 131H. The court shall annually, not later than December 31, issue a report on the
2162	2162	2151use of extreme risk protective orders. The report shall be submitted to the executive office of
2163	2163	2152public safety and security, the chairs of the joint committee on public safety and homeland
2164	2164	2153security, the chairs of the joint committee on the judiciary, the chairs of the joint committee on
2165	2165	2154mental health, substance use and recovery, and clerks of the senate and the house of
2166	2166	2155representatives. The report shall include, but shall not be limited to, the following information:
2167	2167	2156 (1) the number of extreme risk protective order petitions filed;
2168	2168	2157 (2) the number of extreme risk protective order petitions that lead to a respondent’s
2169	2169	2158surrender pursuant to section 131A;
2170	2170	2159 (3) the number of extreme risk protective order petitions that are heard but not granted;
2171	2171	2160 (4) the number of emergency extreme risk protective order petitions filed;
2172	2172	2161 (5) the number of emergency extreme risk protective order petitions that lead to a
2173	2173	2162respondent's surrender pursuant to 131B; 102 of 129
2174	2174	2163 (6) the number of emergency extreme risk protective order petitions that are heard but not
2175	2175	2164granted;
2176	2176	2165 (7) the number of warrants issued pursuant to subsection (d) of section 131A or section
2177	2177	2166131B;
2178	2178	2167 (8) the number of warrants issued pursuant to subsection (d) of section 131A or section
2179	2179	2168131B that lead to the seizure of firearms or ammunition;
2180	2180	2169 (9) a breakdown of the types of items surrendered, including but not limited to, firearms
2181	2181	2170license or permit, firearm, or ammunition;
2182	2182	2171 (10) a breakdown of the types of items seized, including, but not limited to, firearm or
2183	2183	2172ammunition;
2184	2184	2173 (11) the number of extreme risk protective order or emergency extreme risk protective
2185	2185	2174order petitions filed that are deemed to be fraudulent;
2186	2186	2175 (12) the number of instances in which a petition was found to be fraudulent and the
2187	2187	2176penalties received in each instance;
2188	2188	2177 (13) the race and ethnicity of the petitioner and respondent;
2189	2189	2178 (14) the gender and gender identity of the petitioner and respondent;
2190	2190	2179 (15) the data on the duration of extreme risk protection orders; and
2191	2191	2180 (16) the number of instances in which an order has been terminated or otherwise
2192	2192	2181modified prior to its original expiration date. 103 of 129
2193	2193	2182 SECTION 59. Sections 131I, 131J, 131K, 131L, 131M, 131N and 131O of said chapter
2194	2194	2183140 are hereby repealed.
2195	2195	2184 SECTION 60. Section 131P of said chapter 140 is hereby repealed.
2196	2196	2185 SECTION 61. Sections 131Q, 131R, 131S, 131T, 131U, 131V, 131W, 131X and 131Y
2197	2197	2186of said chapter 140 are hereby repealed.
2198	2198	2187 SECTION 62. Chapter 209A of the General Laws is hereby amended by striking out
2199	2199	2188sections 3B and 3C, as appearing in the 2022 Official Edition, and inserting in place thereof the
2200	2200	2189following 2 sections:-
2201	2201	2190 Section 3B. (a) Upon issuance of a temporary or emergency order under section 4 or 5,
2202	2202	2191the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of
2203	2203	2192abuse, order the immediate suspension and surrender of any license or permit issued pursuant to
2204	2204	2193sections 124 to 124C, inclusive, 124E or 125 of chapter 140 that the defendant may hold and
2205	2205	2194order the defendant to surrender all firearms and ammunition that they then control, own or
2206	2206	2195possess in accordance with this chapter and said chapter 140 and any firearms license or permit
2207	2207	2196that the defendant may hold shall be surrendered to the appropriate law enforcement officials in
2208	2208	2197accordance with this chapter and chapter 140 and, said law enforcement official may store,
2209	2209	2198transfer or otherwise dispose of any such firearms and ammunition in accordance section 123D
2210	2210	2199of chapter 140; provided, however, that nothing herein shall authorize the transfer of any
2211	2211	2200firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer.
2212	2212	2201Notice of such suspension and ordered surrender shall be appended to the copy of abuse
2213	2213	2202prevention order served on the defendant pursuant to section 7. Law enforcement officials, upon
2214	2214	2203the service of said orders, shall immediately take possession of all firearms and ammunition and 104 of 129
2215	2215	2204any firearms license or permit in the control, ownership, or possession of the defendant. Any
2216	2216	2205violation of such orders shall be punishable by a fine of not more than $5,000, or by
2217	2217	2206imprisonment for not more than 2 ½ years in a house of correction, or by both such fine and
2218	2218	2207imprisonment.
2219	2219	2208 (b) Any defendant aggrieved by an order of surrender or suspension as described in the
2220	2220	2209first sentence of subsection (a) may petition the court which issued such suspension or surrender
2221	2221	2210order for a review of such action and such petition shall be heard no later than 10 court business
2222	2222	2211days after the receipt of the notice of the petition by the court. If said firearms license or permit
2223	2223	2212has been suspended upon the issuance of an order issued pursuant to section 4 or 5, said petition
2224	2224	2213may be heard contemporaneously with the hearing specified in the second sentence of the second
2225	2225	2214paragraph of section 4. Upon the filing of an affidavit by the defendant that a firearm or
2226	2226	2215ammunition is required in the performance of the defendant's employment, and upon a request
2227	2227	2216for an expedited hearing, the court shall order said hearing within 2 business days of receipt of
2228	2228	2217such affidavit and request but only on the issue of surrender and suspension pursuant to this
2229	2229	2218section.
2230	2230	2219 Section 3C. Upon the continuation or modification of an order issued pursuant to section
2231	2231	22204 or upon petition for review as described in section 3B, the court shall also order or continue to
2232	2232	2221order the immediate suspension and surrender of a defendant's firearms license or permit and the
2233	2233	2222surrender of all firearms and ammunition that such defendant then controls, owns or possesses if
2234	2234	2223the court makes a determination that the return of such firearms license or permit or firearms or
2235	2235	2224ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order
2236	2236	2225issued pursuant to this section shall continue so long as the restraining order to which it relates is
2237	2237	2226in effect; and, any law enforcement official to whom such firearm or ammunition is surrendered 105 of 129
2238	2238	2227may store, transfer or otherwise dispose of any such firearm or ammunition in accordance with
2239	2239	2228section 123D of chapter 140; provided, however, that nothing herein shall authorize the transfer
2240	2240	2229of any firearms or ammunition surrendered by the defendant to anyone other than a licensed
2241	2241	2230dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by
2242	2242	2231imprisonment for not more than 2 ½ years in a house of correction or by both such fine and
2243	2243	2232imprisonment.
2244	2244	2233 SECTION 63. Chapter 258E of the General Laws is hereby amended by inserting after
2245	2245	2234section 4 the following 3 sections:-
2246	2246	2235 Section 4A. Upon issuance of a temporary or emergency order under section 5 or 6, the
2247	2247	2236court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of
2248	2248	2237harassment, order the immediate suspension and surrender of any firearms license or permit that
2249	2249	2238the defendant may hold and order the defendant to surrender all firearms and ammunition that
2250	2250	2239the defendant then controls, owns or possesses in accordance with this chapter, and chapter 140
2251	2251	2240and any firearms license or permit that the defendant may hold shall be surrendered to the
2252	2252	2241appropriate law enforcement officials in accordance with this chapter, and said chapter 140 and
2253	2253	2242said law enforcement official may store, transfer or otherwise dispose of any such firearms or
2254	2254	2243ammunition in accordance with section 123D of said chapter 140; provided, however, that
2255	2255	2244nothing herein shall authorize the transfer of any firearms and ammunition surrendered by the
2256	2256	2245defendant to anyone other than a licensed dealer. Notice of such suspension and ordered
2257	2257	2246surrender shall be appended to the copy of the harassment prevention order served on the
2258	2258	2247defendant pursuant to section 9. Law enforcement officials, upon the service of said orders, shall
2259	2259	2248immediately take possession of all firearms and ammunition, and any firearms license or permit
2260	2260	2249in the control, ownership, or possession of said defendant. Any violation of such orders shall be 106 of 129
2261	2261	2250punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½ years in
2262	2262	2251a house of correction, or by both such fine and imprisonment.
2263	2263	2252 Any defendant aggrieved by an order of surrender or suspension as described in the first
2264	2264	2253sentence of this section may petition the court which issued such suspension or surrender order
2265	2265	2254for a review of such action and such petition shall be heard no later than 10 court business days
2266	2266	2255after the receipt of the notice of the petition by the court. If said firearms license or permit has
2267	2267	2256been suspended upon the issuance of an order issued pursuant to section 5 or 6, said petition may
2268	2268	2257be heard contemporaneously with the hearing specified in the second sentence of the second
2269	2269	2258paragraph of section 5. Upon the filing of an affidavit by the defendant that a firearm or
2270	2270	2259ammunition is required in the performance of the defendant's employment, and upon a request
2271	2271	2260for an expedited hearing, the court shall order said hearing within 2 business days of receipt of
2272	2272	2261such affidavit and request but only on the issue of surrender and suspension pursuant to this
2273	2273	2262section.
2274	2274	2263 Section 4B. Upon the continuation or modification of an order issued pursuant to section
2275	2275	22645 or upon petition for review, as described in section 4A, the court shall also order or continue to
2276	2276	2265order the immediate suspension and surrender of a defendant's firearms license or permit and the
2277	2277	2266surrender of all firearms and ammunition that such defendant then controls, owns or possesses if
2278	2278	2267the court makes a determination that the return of such firearms license or permit or firearms and
2279	2279	2268ammunition presents a likelihood of harassment to the plaintiff. A suspension and surrender
2280	2280	2269order issued pursuant to this section shall continue so long as the harassment prevention order to
2281	2281	2270which it relates is in effect; and, any law enforcement official to whom such firearm or
2282	2282	2271ammunition is surrendered may store, transfer or otherwise dispose of any such firearm or
2283	2283	2272ammunition in accordance with section 123D of chapter 140; provided, however, that nothing 107 of 129
2284	2284	2273herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to
2285	2285	2274anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of
2286	2286	2275not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of correction or
2287	2287	2276by both such fine and imprisonment.
2288	2288	2277 Section 4C. Upon an order for suspension or surrender issued pursuant to sections 4A or
2289	2289	22784B, the court shall transmit a report containing the defendant's name and identifying information
2290	2290	2279and a statement describing the defendant's alleged conduct and relationship to the plaintiff to the
2291	2291	2280department of criminal justice information services. Upon the expiration, cancellation or
2292	2292	2281revocation of the order, the court shall transmit a report containing the defendant's name and
2293	2293	2282identifying information, a statement describing the defendant's alleged conduct and relationship
2294	2294	2283to the plaintiff and an explanation that the order is no longer current or valid, to the department
2295	2295	2284of criminal justice information services. Any report made pursuant to this section shall be
2296	2296	2285transmitted by the department of criminal justice information services, pursuant to paragraph (h)
2297	2297	2286of section 167A of chapter 6, to the attorney general of the United States to be included in the
2298	2298	2287National Instant Criminal Background Check System.
2299	2299	2288 SECTION 64. Section 15E of chapter 265 of the General Laws, as so appearing, is
2300	2300	2289hereby amended by striking out, in lines 2 and 3, the words “, large capacity weapon, rifle,
2301	2301	2290shotgun, sawed-off shotgun or machine gun”.
2302	2302	2291 SECTION 65. Section 15F of said chapter 265, as so appearing, is hereby amended by
2303	2303	2292striking out, in lines 2 and 3, the words “, large capacity weapon, rifle, shotgun, sawed-off
2304	2304	2293shotgun or machine gun”. 108 of 129
2305	2305	2294 SECTION 66. Section 17 of said chapter 265, as so appearing, is hereby amended by
2306	2306	2295striking out, in lines 10 and 11, the words “shotgun, rifle, machine gun or assault weapon” and
2307	2307	2296inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2308	2308	2297 SECTION 67. Said section 17 of said chapter 265, as so appearing, is hereby further
2309	2309	2298amended by striking out, in lines 13 and 14, the words “, shotgun, rifle, machine gun or assault
2310	2310	2299weapon”.
2311	2311	2300 SECTION 68. Section 18 of said chapter 265, as so appearing, is hereby amended by
2312	2312	2301striking out, in lines 5 and 6 and line 30, each time they appear, the words “shotgun, rifle,
2313	2313	2302machine gun or assault weapon” and inserting in place thereof, in each instance, the following
2314	2314	2303words:- as defined in section 121 of chapter 140,.
2315	2315	2304 SECTION 69. Section 18A of said chapter 265, as so appearing, is hereby amended by
2316	2316	2305striking out, in line 8, the words “shotgun, rifle or assault weapon” and inserting in place thereof
2317	2317	2306the following words:- as defined in section 121 of chapter 140.
2318	2318	2307 SECTION 70. Section 18B of said chapter 265, as so appearing, is hereby amended by
2319	2319	2308striking out, in line 4, the words “rifle or shotgun” and inserting in place thereof the following
2320	2320	2309words:- as defined in section 121 of chapter 140,.
2321	2321	2310 SECTION 71. Said section 18B of said chapter 265, as so appearing, is hereby further
2322	2322	2311amended by striking out, in lines 6 and 7, lines 18 and 19 and line 21, each time they appear, the
2323	2323	2312words “, rifle or shotgun”. 109 of 129
2324	2324	2313 SECTION 72. Said section 18B of said chapter 265, as so appearing, is hereby further
2325	2325	2314amended by striking out, in lines 7 and 22, each time it appears, the word “weapon” and inserting
2326	2326	2315in place thereof, in each instance, the following word:- firearm.
2327	2327	2316 SECTION 73. Said section 18B of said chapter 265, as so appearing, is hereby further
2328	2328	2317amended by striking out, in lines 14 and 15, the words “, rifle or shotgun including, but not
2329	2329	2318limited to, a large capacity weapon or machine gun”.
2330	2330	2319 SECTION 74. Section 21A of said chapter 265, as so appearing, is hereby amended by
2331	2331	2320striking out, in lines 14 and 15, the words “rifle, shotgun, machine gun or assault weapon” and
2332	2332	2321inserting in place thereof the following words:- as defined in section 121 of chapter 140.
2333	2333	2322 SECTION 75. Section 22 of said chapter 265, as so appearing, is hereby amended by
2334	2334	2323striking out, in lines 28 and 29, the words “rifle, shotgun, machine gun or assault weapon” and
2335	2335	2324inserting in place thereof the following words:- as defined in section 121 of chapter 140.
2336	2336	2325 SECTION 76. Section 24 of said chapter 265, as so appearing, is hereby amended by
2337	2337	2326striking out, in line 8, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2338	2338	2327place thereof the following words:- as defined in section 121 of chapter 140,.
2339	2339	2328 SECTION 77. Section 24B of said chapter 265, as so appearing, is hereby amended by
2340	2340	2329striking out, in line 9, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2341	2341	2330place thereof the following words:- as defined in section 121 of chapter 140,.
2342	2342	2331 SECTION 78. Section 26 of said chapter 265, as so appearing, is hereby amended by
2343	2343	2332striking out, in line 16, the words “rifle, shotgun, machine gun or assault weapon” and inserting
2344	2344	2333in place thereof the following words:- as defined in section 121 of chapter 140,. 110 of 129
2345	2345	2334 SECTION 79. Said section 26 of said chapter 265, as so appearing, is hereby further
2346	2346	2335amended by striking out, in lines 22 and 23, the words “, rifle, shotgun, machine gun or assault
2347	2347	2336weapon”.
2348	2348	2337 SECTION 80. Section 39 of said chapter 265, as so appearing, is hereby amended by
2349	2349	2338striking out, in line 22, the words “rifle, shotgun, machine gun or assault weapon” and inserting
2350	2350	2339in place thereof the following words:- as defined in section 121 of chapter 140,.
2351	2351	2340 SECTION 81. Section 58 of said chapter 265, as so appearing, is hereby amended by
2352	2352	2341striking out, in line 2, the word “weapon” and inserting in place thereof the following word:-
2353	2353	2342firearm.
2354	2354	2343 SECTION 82. Section 14 of chapter 266 of the General Laws, as so appearing, is hereby
2355	2355	2344amended by striking out, in line 10, the words “rifle, shotgun, machine gun or assault weapon”
2356	2356	2345and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2357	2357	2346 SECTION 83. Section 17 of said chapter 266, as so appearing, is hereby amended by
2358	2358	2347striking out, in line 7, the words “rifle, shotgun, machine gun or assault weapon” and inserting in
2359	2359	2348place thereof the following words:- as defined in section 121 of chapter 140,.
2360	2360	2349 SECTION 84. Section 18 of said chapter 266, as so appearing, is hereby amended by
2361	2361	2350striking out, in lines 8 and 9, the words “rifle, shotgun, machine gun or assault weapon” and
2362	2362	2351inserting in place thereof the following words:- as defined in section 121 of chapter 140,.
2363	2363	2352 SECTION 85. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby
2364	2364	2353amended by striking out subsection (a) and inserting in place thereof the following subsection:- 111 of 129
2365	2365	2354 (a)(1) Whoever, except as provided or exempted by general or special law, knowingly
2366	2366	2355has in their possession, or knowingly has under their control in a vehicle, a firearm that is not a
2367	2367	2356common long gun, loaded or unloaded, as defined in section 121 of chapter 140, without either:
2368	2368	2357 (i) being present in or on their residence or place of business;
2369	2369	2358 (ii) having in effect a license to carry firearms under sections 124 or 124B of said chapter
2370	2370	2359140;
2371	2371	2360 (iii) having satisfied the conditions for exemption under sections 127 or 127A of said
2372	2372	2361chapter 140; or
2373	2373	2362 (iv) having complied as to possession of an air rifle or BB gun with the requirements
2374	2374	2363imposed by section 12B shall be punished by imprisonment in the state prison for not less than 2
2375	2375	2364½ years nor more than 5 years, or for not less than 18 months nor more than 2 ½ years in a jail or
2376	2376	2365house of correction.
2377	2377	2366 (2) Whoever, except as provided or exempted by statute, knowingly has in their
2378	2378	2367possession, or knowingly has under control in a vehicle, a common long gun, loaded or
2379	2379	2368unloaded, as defined in section 121 of chapter 140, without either:
2380	2380	2369 (i) being present in or on their residence or place of business; or
2381	2381	2370 (ii) having in effect a license to carry or permit authorizing the carry of common long
2382	2382	2371guns under sections 124 to 124B, inclusive, of said chapter 140; or
2383	2383	2372 (iii) having satisfied the conditions for exemption under sections 127 or 127A of said
2384	2384	2373chapter 140; or 112 of 129
2385	2385	2374 (iv) having complied as to possession of an air rifle or BB gun with the requirements
2386	2386	2375imposed by section 12B, shall be punished by imprisonment in the state prison for not less than 2
2387	2387	2376½ years nor more than 5 years, or for not less than 18 months nor more than 2 ½ years in a jail or
2388	2388	2377house of correction.
2389	2389	2378 (3) The sentence imposed on such person pursuant to paragraphs (1) and (2) shall not be
2390	2390	2379reduced to less than 18 months, nor suspended, nor shall any person convicted under this
2391	2391	2380subsection be eligible for probation, parole, work release, or furlough or receive any deduction
2392	2392	2381from their sentence for good conduct until they shall have served 18 months of such sentence;
2393	2393	2382provided, however, that the commissioner of correction may on the recommendation of the
2394	2394	2383warden, superintendent, or other person in charge of a correctional institution, grant to an
2395	2395	2384offender committed under this subsection a temporary release in the custody of an officer of such
2396	2396	2385institution for the following purposes only: to attend the funeral of a relative; to visit a critically
2397	2397	2386ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution.
2398	2398	2387Prosecutions commenced under this subsection shall neither be continued without a finding nor
2399	2399	2388placed on file.
2400	2400	2389 (4) No person having in effect a license to carry firearms issued under section 124 or
2401	2401	2390section 124B of chapter 140 shall be deemed to be in violation of this section.
2402	2402	2391 (5) Section 87 of chapter 276 shall not apply to any person 18 years of age or older,
2403	2403	2392charged with a violation of this subsection, or to any child between ages 14 and 18 so charged, if
2404	2404	2393the court is of the opinion that the interests of the public require that the person should be tried as
2405	2405	2394an adult for such offense instead of being dealt with as a child. 113 of 129
2406	2406	2395 (6) This subsection shall not affect the licensing requirements of section 124A of chapter
2407	2407	2396140 which require every person not otherwise duly licensed or exempted to have been issued a
2408	2408	2397long gun permit in order to possess a firearm in their residence or place of business.
2409	2409	2398 SECTION 86. Said section 10 of said chapter 269, as so appearing, is hereby further
2410	2410	2399amended by striking out, in lines 97 to 99, inclusive, the words “as defined in section one
2411	2411	2400hundred and twenty-one of chapter one hundred and forty, without permission under section one
2412	2412	2401hundred and thirty-one of said chapter one hundred and forty” and inserting in place thereof the
2413	2413	2402following words:- automatic part, bump stock or trigger modifier, as defined in section 121 of
2414	2414	2403chapter 140, without permission under section 124 of said chapter 140.
2415	2415	2404 SECTION 87. Said section 10 of said chapter 269, as so appearing, is hereby further
2416	2416	2405amended by striking out, in line 134, the words “, any rifle or shotgun” and inserting in place
2417	2417	2406thereof the following words:- any firearm.
2418	2418	2407 SECTION 88. Said section 10 of said chapter 269, as so appearing, is hereby further
2419	2419	2408amended by striking out, in lines 135 to 137, inclusive, the words “the requirement of a serial
2420	2420	2409number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty”
2421	2421	2410and inserting in place thereof the following words:- the registration requirement, as provided in
2422	2422	2411section 122 of chapter 140.
2423	2423	2412 SECTION 89. Said section 10 of said chapter 269, as so appearing, is hereby further
2424	2424	2413amended by striking out, in lines 140 and 141, line 150 and lines 151 and 152, each time they
2425	2425	2414appear, the words “, rifle, shotgun”. 114 of 129
2426	2426	2415 SECTION 90. Said section 10 of said chapter 269, as so appearing, is hereby further
2427	2427	2416amended by striking out, in line 142, the figure “129C” and inserting in place thereof the
2428	2428	2417following figure:- 127B.
2429	2429	2418 SECTION 91. Said section 10 of said chapter 269, as so appearing, is hereby further
2430	2430	2419amended by striking out, in line 153, the words “129C of chapter 140 or section 131” and
2431	2431	2420inserting in place thereof the following figure:- 124.
2432	2432	2421 SECTION 92. Said section 10 of said section 269, as so appearing, is hereby further
2433	2433	2422amended by striking out subsections (i) and (j) and inserting in place thereof the following 2
2434	2434	2423subsections:-
2435	2435	2424 (i) Whoever knowingly fails to deliver or surrender a revoked or suspended firearms
2436	2436	2425license or permit issued under sections 124 to 125B, inclusive, of chapter 140, or a firearm, as
2437	2437	2426provided in section 123D of chapter 140, unless an appeal is pending, shall be punished by
2438	2438	2427imprisonment in a jail or house of correction for not more than 2 ½ years or by a fine of not more
2439	2439	2428than $1,000.
2440	2440	2429 (j)(1) Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of
2441	2441	2430chapter 140, in a prohibited area, and knows or reasonably should know such location is a
2442	2442	2431prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the
2443	2443	2432house of correction for not more than 2 ½ years, or both such fine and imprisonment.
2444	2444	2433 (2) For the purposes of this subsection, “prohibited area” shall mean any of the following
2445	2445	2434locations: 115 of 129
2446	2446	2435 (i) a place owned, leased, or under the control of state, county or municipal government
2447	2447	2436and used for the purpose of government administration, judicial or court administrative
2448	2448	2437proceedings, or correctional services, including in or upon any part of the buildings, grounds, or
2449	2449	2438parking areas thereof; provided, however, that any state-owned public land available to the
2450	2450	2439public for hunting shall not be a "prohibited area";
2451	2451	2440 (ii) a location in use at the time of possession as a polling place or for the storage or
2452	2452	2441tabulation of ballots;
2453	2453	2442 (iii) an elementary school, secondary school, college or university including transport
2454	2454	2443used for students of said institution, including in or upon any part of the buildings, grounds, or
2455	2455	2444parking areas thereof; and
2456	2456	2445 (iv) any private, residential dwelling of another, not held open to the public, unless the
2457	2457	2446person in possession of the firearm: (A) has a valid firearms license or permit issued under
2458	2458	2447sections 124 to 124B, inclusive, of chapter 140; and (B) has been given express authorization to
2459	2459	2448carry a firearm in said dwelling by the property owner or lessee, or an agent thereof; provided,
2460	2460	2449that express authorization shall be signified by unambiguous written or verbal authorization or
2461	2461	2450by the posting of clear and conspicuous signage on the building or the premises by the property
2462	2462	2451owner or lessee, or an agent thereof, indicating that possession of a firearm is authorized.
2463	2463	2452 (3) A law enforcement officer may arrest without a warrant and detain a person found in
2464	2464	2453violation of this subsection.
2465	2465	2454 (4) It shall be a defense to a violation of this subsection that a person with a license or
2466	2466	2455permit issued under sections 124 to 124B, inclusive, of chapter 140 securely stored the licensed 116 of 129
2467	2467	2456firearm in a vehicle while within the prohibited area in accordance with sections 126B and 126C
2468	2468	2457of chapter 140.
2469	2469	2458 (5) This subsection shall not apply to an active law enforcement officer, as defined in
2470	2470	2459section 1 of chapter 6E, while in performance of their official duties or to a security guard
2471	2471	2460employed at the prohibited area while at the location of their employment and during the course
2472	2472	2461of their employment. Clauses (i) to (iii), inclusive, of paragraph 2 shall not apply to an active law
2473	2473	2462enforcement officer, acting in their personal capacity, while carrying a firearm provided by the
2474	2474	2463officer’s employing law enforcement agency. Clause (iii) of paragraph 2 shall not apply to
2475	2475	2464firearms authorized by a secondary school, college or university, with prior written notice to the
2476	2476	2465department of state police, to be possessed or stored on school grounds. Nothing in this
2477	2477	2466paragraph shall limit the authority of any municipality, county or department, division,
2478	2478	2467commission, board, agency or court of the commonwealth to adopt policies further restricting the
2479	2479	2468possession of firearms in areas under their control.
2480	2480	2469(6) Nothing in this subsection shall limit the enforceability of a provision in any private rental or
2481	2481	2470lease agreement restricting a party’s or a tenant’s possession or use of firearms on the property or
2482	2482	2471in the residential dwelling, the enforceability of a restrictive covenant restricting the possession
2483	2483	2472or use of firearms on the property or in the residential dwelling, or the authority of any private
2484	2484	2473entity, including but not limited to, any homeowners’ association, community association,
2485	2485	2474planned community association, condominium association, cooperative, or any other
2486	2486	2475nongovernmental entity with covenants, bylaws or administrative rules, regulations or provisions
2487	2487	2476governing the use of private property, to restrict the possession or use of firearms on private
2488	2488	2477property. 117 of 129
2489	2489	2478 SECTION 93. Said section 10 of said chapter 269, as so appearing, is hereby further
2490	2490	2479amended by striking out, in line 196 and 226, each time it appears, the word “weapon” and
2491	2491	2480inserting in place thereof, in each instance, the following word:- firearm.
2492	2492	2481 SECTION 94. Said section 10 of said chapter 269, as so appearing, is hereby further
2493	2493	2482amended by striking out, in lines 197 and 198, the words “131 or 131F” and inserting in place
2494	2494	2483thereof the following words:- 124 or 124B.
2495	2495	2484 SECTION 95. Said section 10 of said chapter 269, as so appearing, is hereby further
2496	2496	2485amended by striking out, in line 201 and lines 204 and 205, each time they appear, the words
2497	2497	2486“firearm identification card” and inserting in place thereof, in each instance, the following
2498	2498	2487words:- long gun permit.
2499	2499	2488 SECTION 96. Said section 10 of said chapter 269, as so appearing, is hereby further
2500	2500	2489amended by striking out, in line 202, the figure “129B” and inserting in place thereof the
2501	2501	2490following figure:- 124A.
2502	2502	2491 SECTION 97. Said section 10 of said chapter 269, as so appearing, is hereby further
2503	2503	2492amended by striking out, in line 240, the words “, loaded sawed off shotgun or loaded machine
2504	2504	2493gun”.
2505	2505	2494 SECTION 98. Subsection (o) of said section 10 of said chapter 269, as so appearing, is
2506	2506	2495hereby amended by striking out the second paragraph and inserting in place thereof the following
2507	2507	2496paragraph:-
2508	2508	2497 For purposes of this section, the terms “ammunition” and “firearm” shall have the same
2509	2509	2498meaning as those terms are defined in section 121 of chapter 140. 118 of 129
2510	2510	2499 SECTION 99. Section 10E of said chapter 269 of the General Laws, as so appearing, is
2511	2511	2500hereby amended by striking out, in lines 4 and 5, the words “rifles, shotguns, machines guns, or
2512	2512	2501any combination thereof,” and inserting in place thereof the following words:- as defined in
2513	2513	2502section 121 of chapter 140.
2514	2514	2503 SECTION 100. Said section 10E of said chapter 269, as so appearing, is hereby further
2515	2515	2504amended by striking out, in lines 5 and 6, the words “, rifles, shotguns, machines guns, or any
2516	2516	2505combination thereof”.
2517	2517	2506 SECTION 101. Section 10F of said chapter 269, as so appearing, is hereby amended by
2518	2518	2507striking out, in lines 3 and 31, each time it appears, the word “weapon” and inserting in place
2519	2519	2508thereof, in each instance, the following word:- firearm.
2520	2520	2509 SECTION 102. Section 10H of said chapter 269, as so appearing, is hereby amended by
2521	2521	2510striking out, in lines 2 and 3, the words “131 or 131F of chapter 140, carries on his person, or has
2522	2522	2511under his control” and inserting in place thereof the following words:- 124 or 124B of chapter
2523	2523	2512140, carries on their person or has under their control.
2524	2524	2513 SECTION 103. Said section 10H of said chapter 269, as so appearing, is hereby further
2525	2525	2514amended by inserting after the figure “140,”, in line 4, the following words:- while with a
2526	2526	2515percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.
2527	2527	2516 SECTION 104. Said chapter 269 is hereby amended by striking out section 10I, as so
2528	2528	2517appearing, and inserting in place thereof the following section:- 119 of 129
2529	2529	2518 Section 10I. (a) Whoever transports a firearm, as defined in section 121 of chapter 140,
2530	2530	2519into the commonwealth to use for the commission of criminal activity shall be punished by
2531	2531	2520imprisonment for not less than 5 years nor more than 10 years.
2532	2532	2521 (b) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or
2533	2533	2522transfer possession of the firearm to a prohibited person, as defined in section 123 of chapter
2534	2534	2523140, shall be punished by imprisonment in state prison for not less than 10 years nor more than
2535	2535	252420 years.
2536	2536	2525 (c) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or
2537	2537	2526transfer the firearm to a prohibited person, as defined in section 123 of chapter 140, and if the
2538	2538	2527firearm is subsequently used to cause the death of another, shall be punished by imprisonment in
2539	2539	2528state prison for not less than 20 years.
2540	2540	2529 SECTION 105. Section 10J of said chapter 269, as so appearing, is hereby amended by
2541	2541	2530striking out, in line 9, the figure “131” and inserting in place therefor the following figure:- 123.
2542	2542	2531 SECTION 106. Section 10K of said chapter 269, as so appearing, is hereby amended by
2543	2543	2532striking out, in lines 9 and 10, lines 15 and 16, and line 19, each time they appear, the words “,
2544	2544	2533rifle, shotgun, machine gun or ammunition” and inserting in place thereof, in each instance, the
2545	2545	2534following words:- or ammunition, as defined in section 121 of chapter 140.
2546	2546	2535 SECTION 107. Section 11 of said chapter 269, as so appearing, is hereby amended by
2547	2547	2536striking out, in line 4, the words “one hundred and thirty-one of chapter one hundred and forty”
2548	2548	2537and inserting in place thereof the following words:- 124 of chapter 140. 120 of 129
2549	2549	2538 SECTION 108. Said chapter 269 is hereby amended by striking out section 11A, as so
2550	2550	2539appearing, and inserting in place thereof the following section:-
2551	2551	2540 Section 11A. For the purposes of sections 11A to 11C, inclusive, the terms “firearm”,
2552	2552	2541“serial number” and “untraceable firearm” shall have the same definitions as section 121 of
2553	2553	2542chapter 140.
2554	2554	2543 SECTION 109. Section 11B of said chapter 269, as so appearing, is hereby amended by
2555	2555	2544striking out the first sentence and inserting in place thereof the following sentence:- Whoever,
2556	2556	2545while in the commission or attempted commission of a felony, has in their possession or under
2557	2557	2546their control an untraceable firearm, shall be punished by imprisonment for not less than 2 ½
2558	2558	2547years.
2559	2559	2548 SECTION 110. Section 11C of said chapter 269, as so appearing, is hereby amended by
2560	2560	2549striking out the first sentence and inserting in place thereof the following sentence:-
2561	2561	2550 Whoever, by themself or with another, creates an untraceable firearm, or knowingly
2562	2562	2551participates in the creation of an untraceable firearm or receives a firearm with knowledge that it
2563	2563	2552is untraceable, shall be punished by imprisonment for not less than 2½ years.
2564	2564	2553 SECTION 111. Said section 11C of said chapter 269, as so appearing, is hereby further
2565	2565	2554amended by striking out, in lines 9 to 11, inclusive, the words “the serial number or identification
2566	2566	2555number of which has been removed, defaced, altered, obliterated or mutilated in any manner”
2567	2567	2556and inserting in place thereof the following words:- that is untraceable.
2568	2568	2557 SECTION 112. Said section 11C of said chapter 269, as so appearing, is hereby further
2569	2569	2558amended by striking out, in lines 14 to 15, inclusive, the words “whatever that such number had 121 of 129
2570	2570	2559been removed, defaced, altered, obliterated or mutilated” and inserting in place thereof the
2571	2571	2560following words:- that the firearm was untraceable.
2572	2572	2561 SECTION 113. Said section 11C of said chapter 269, as so appearing, is hereby further
2573	2573	2562amended by striking out, in lines 19 and 20, the words “or other article”.
2574	2574	2563 SECTION 114. Section 11E of said chapter 269, as so appearing, is hereby repealed.
2575	2575	2564 SECTION 115. Section 12D of said chapter 269, as so appearing, is hereby amended by
2576	2576	2565striking out, in line 30, the word “weapon” and inserting in place thereof the following word:-
2577	2577	2566firearm.
2578	2578	2567 SECTION 116. Said chapter 269, as so appearing, is hereby amended by striking out
2579	2579	2568section 12E and inserting in place thereof the following section:-
2580	2580	2569 Section 12E. (a) Whoever discharges a firearm as defined in section 121 of chapter 140
2581	2581	2570within 500 feet of a dwelling or other building in use, except with the consent of the owner or
2582	2582	2571legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by
2583	2583	2572imprisonment in a jail or house of correction for not more than 3 months, or both such fine and
2584	2584	2573imprisonment.
2585	2585	2574 (b) This section shall not apply to any of the following: (i) the lawful defense of life and
2586	2586	2575property; (ii) any law enforcement officer acting in the discharge of their duties; or (iii) the
2587	2587	2576discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in
2588	2588	2577accordance with section 39 of chapter 148.
2589	2589	2578 (c) This section shall not apply to a dwelling or building on the same property as: (i)
2590	2590	2579persons using underground or indoor target or test ranges with the consent of the owner or legal 122 of 129
2591	2591	2580occupant thereof; (ii) persons using outdoor skeet, trap, target or test ranges with the consent of
2592	2592	2581the owner or legal occupant of the land on which the range is established; or (iii) persons using
2593	2593	2582shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in this section
2594	2594	2583shall exempt any persons from compliance with noise control laws, regulations, ordinances or
2595	2595	2584by-laws in effect or from the prohibitions of section 58 of chapter 131.
2596	2596	2585 SECTION 117. Section 12F of said chapter 269, as so appearing, is hereby amended by
2597	2597	2586striking out, in lines 11 and 12, the words “as defined in section 131J of chapter 140, any rifle,
2598	2598	2587shotgun”.
2599	2599	2588 SECTION 118. Said chapter 269, as so appearing, is hereby amended by inserting after
2600	2600	2589section 12F the following section:-
2601	2601	2590 Section 12G. Whoever discharges a firearm, as defined in section 121 of chapter 140,
2602	2602	2591with reckless disregard to striking a dwelling or other building in use, and as a result does strike
2603	2603	2592such dwelling or building, shall be punished by imprisonment in the house of correction for not
2604	2604	2593more than 2 ½ years, or in state prison for not more than 5 years. This section shall not apply to
2605	2605	2594persons acting in the lawful defense of life or property or any law enforcement officer acting in
2606	2606	2595the discharge of their duties. This section shall not apply for dwellings or buildings within the
2607	2607	2596property of: (a) persons using underground or indoor target or test ranges with the consent of the
2608	2608	2597owner or legal occupant thereof; (b) persons using outdoor skeet, trap, target or test ranges with
2609	2609	2598the consent of the owner or legal occupant of the land on which the range is established; or (c)
2610	2610	2599persons using shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in
2611	2611	2600this section shall exempt any persons from compliance with noise control laws, ordinances or by-
2612	2612	2601laws in effect or from the prohibitions of section 58 of chapter 131. 123 of 129
2613	2613	2602 SECTION 119. Section 14 of said chapter 269, as so appearing, is hereby amended by
2614	2614	2603striking out, in line 15, the words “rifle, shotgun, machine gun or assault weapon,”.
2615	2615	2604 SECTION 120. Section 58A of chapter 276 of the General Laws, as so appearing, is
2616	2616	2605hereby amended by striking out, in line 21, the words “weapon or machine gun” and inserting in
2617	2617	2606place thereof the following word:- firearm.
2618	2618	2607 SECTION 121. Said section 58A of said chapter 276, as so appearing, is hereby further
2619	2619	2608amended by striking out, in line 28, the word “weapon” and inserting in place thereof the
2620	2620	2609following word:- firearm.
2621	2621	2610 SECTION 122. Section 100A of said chapter 276, as so appearing, is hereby amended by
2622	2622	2611striking out, in line 26, the figure “131H” and inserting in place thereof the following figure:-
2623	2623	2612130E.
2624	2624	2613 SECTION 123. Section 100J of said chapter 276, as so appearing, is hereby amended by
2625	2625	2614striking out, in line 17, the figure “131Q” and inserting in place thereof the following figure:-
2626	2626	2615130E.
2627	2627	2616 SECTION 124. Section 25 of chapter 279 of the General Laws, as so appearing, is hereby
2628	2628	2617amended by striking out, in lines 17 and 18, the words “, shotgun, rifle, machine gun, or assault
2629	2629	2618weapon,” and inserting in place thereof the following words:- as defined in section 121 of
2630	2630	2619chapter 140.
2631	2631	2620 SECTION 125. (a) As used in this section, the following words shall, unless the context
2632	2632	2621clearly requires otherwise, have the following meanings: 124 of 129
2633	2633	2622 “Microstamp”, a microscopic array of characters identifying the make, model, or serial
2634	2634	2623number of a firearm, etched or otherwise imprinted in 2 or more places on the interior surface or
2635	2635	2624the internal working parts of the firearm, that are transferred by imprinting on each cartridge case
2636	2636	2625when the firearm is fired.
2637	2637	2626 “Personalized firearm”, a firearm manufactured with incorporated design technology or
2638	2638	2627converted with such technology so that it: (i) allows the firearm to be fired only by an authorized
2639	2639	2628user; or (ii) prevents any of the safety characteristics of the firearm from being readily
2640	2640	2629deactivated.
2641	2641	2630 (b) There is hereby established, pursuant to section 2A of chapter 4 of the General Laws,
2642	2642	2631a special legislative commission to study and investigate emerging firearm technology.
2643	2643	2632 (c) The special legislative commission shall consist of 13 members: the chairs of the joint
2644	2644	2633committee on the judiciary or their designees, who shall serve as co-chairs; the secretary of
2645	2645	2634public safety and security or a designee; the colonel of the state police or a designee; 2 members
2646	2646	2635appointed by the speaker of the house of representatives; 2 members appointed by the president
2647	2647	2636of the senate; 1 member appointed by the minority leader of the house of representatives; 1
2648	2648	2637member appointed by the minority leader of the senate; 2 members appointed by the governor, 1
2649	2649	2638of whom shall be an expert in emerging firearm technologies; and 1 member appointed by the
2650	2650	2639National Shooting Sports Foundation, Inc.
2651	2651	2640 (d) The special legislative commission shall investigate and study the status, feasibility,
2652	2652	2641and utility of emerging firearm technologies, including, but not limited to, personalized firearm
2653	2653	2642technology and microstamp technology. The study shall include: (i) a review of existing and
2654	2654	2643developing personalized firearm and microstamp technologies; (ii) an investigation of the 125 of 129
2655	2655	2644accuracy, effectiveness and utility of personalized firearm and microstamp technologies; (iii) an
2656	2656	2645evaluation of the commercial availability of personalized firearm and microstamp technologies,
2657	2657	2646both in the production of new firearms and modification of existing firearms; (iv) an
2658	2658	2647investigation of the cost and impacts associated with requiring the use of personalized firearm or
2659	2659	2648microstamp technologies in the commonwealth; and (v) evaluation of the feasibility and utility of
2660	2660	2649a personalized firearm technology tax incentive program.
2661	2661	2650 (e) The special legislative commission shall submit a report of its study and
2662	2662	2651recommendations, together with any legislative recommendations, to the clerks of the house of
2663	2663	2652representatives and the senate on or before September 30, 2024.
2664	2664	2653 SECTION 126. (a) There is hereby established, pursuant to section 2A of chapter 4 of the
2665	2665	2654General Laws, a special legislative commission to study the commonwealth’s funding structure
2666	2666	2655for violence prevention services.
2667	2667	2656 (b) The special legislative commission shall consist of 17 members: the chairs of the joint
2668	2668	2657committee on public safety and homeland security or their designees, who shall serve as co-
2669	2669	2658chairs; the secretary of public safety and security or a designee; the secretary of health and
2670	2670	2659human services or a designee; 2 members appointed by the speaker of the house of
2671	2671	2660representatives, 1 of whom shall be from an organization that has received a grant through the
2672	2672	2661Safe and Successful Youth Initiative; 2 members appointed by the president of the senate, 1 of
2673	2673	2662whom shall be from an organization that has received a grant through the Safe and Successful
2674	2674	2663Youth Initiative; 1 member appointed by the minority leader of the house of representatives; 1
2675	2675	2664member appointed by the minority leader of the senate; 1 member appointed by the governor
2676	2676	2665who shall be from an organization involved in early child education or development; 2 members 126 of 129
2677	2677	2666appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by
2678	2678	2667the Massachusetts Asian-American Legislative Caucus; 1 member appointed by the caucus of
2679	2679	2668women legislators; 1 member appointed by the Massachusetts Association of School
2680	2680	2669Superintendents, Inc.; 1 member appointed by the Massachusetts Health and Hospital
2681	2681	2670Association, Inc.
2682	2682	2671 (c) The special legislative commission shall: (i) examine and evaluate the existing
2683	2683	2672government funding structure for violence prevention services in the commonwealth, including
2684	2684	2673funding sources, initiatives and programs utilized, specific services funded, the impact of
2685	2685	2674services provided to survivors of victims of homicide in fostering healing and breaking the
2686	2686	2675generational cycle of violence, communities served, how funding decisions are made, and how
2687	2687	2676service providers and programs are chosen; and (ii) recommend changes to promote efficiency,
2688	2688	2677transparency, accessibility and utility with the ultimate goal of enhancing violence prevention
2689	2689	2678services and minimizing the disproportionate impact of violence in historically impacted
2690	2690	2679communities.
2691	2691	2680 (d) The special legislative commission shall submit a report of its study and
2692	2692	2681recommendations, together with any proposed legislation, to the clerks of the house of
2693	2693	2682representatives and the senate on or before September 30, 2024.
2694	2694	2683 SECTION 127. A valid license to carry a firearm issued under sections 131 or 131F of
2695	2695	2684chapter 140 of the General Laws, a valid firearm identification card under section 129B of said
2696	2696	2685chapter 140 or a valid license to sell under section 122 of said chapter 140, shall remain valid
2697	2697	2686until the expiration of said license and shall entitle the holder to possess the firearms authorized
2698	2698	2687by the license at the time it was last issued or renewed; provided, however, that upon the 127 of 129
2699	2699	2688expiration of a firearm identification card under said section 129B of said chapter 140, said
2700	2700	2689firearm identification card may be renewed for a long gun permit under section 124A of said
2701	2701	2690chapter 140, as inserted by section 45.
2702	2702	2691 SECTION 128. Not later than 6 months after the effective date of this act, the executive
2703	2703	2692office of public safety and security shall notify all individuals with licenses to carry and firearm
2704	2704	2693identification cards valid on the effective date of this act of the requirements under sections 122
2705	2705	2694of chapter 140 of the General Laws, as inserted by section 39, and section 122A of said chapter
2706	2706	2695140, as inserted by section 40.
2707	2707	2696 SECTION 129. (a) Not later than 6 months after the effective date of this act, the
2708	2708	2697executive office of public safety and security shall promulgate regulations required by section
2709	2709	2698122 of chapter 140 of the General Laws, as inserted by section 39.
2710	2710	2699 (b) Not later than 6 months after the effective date of this act, the executive office of
2711	2711	2700public safety and security, in consultation with the department of criminal justice information
2712	2712	2701services, shall promulgate regulations required by section 122A of said chapter 140, as inserted
2713	2713	2702by section 40.
2714	2714	2703 SECTION 130. Not later than 1 year after the effective date of this act, the department of
2715	2715	2704criminal justice information services shall establish the online dashboard and publish firearm
2716	2716	2705data required by subsection (c) of section 122B of chapter 140 of the General Laws, as inserted
2717	2717	2706by section 41.
2718	2718	2707 SECTION 131. The department of criminal justice information services shall establish
2719	2719	2708the electronic firearms registration system established pursuant to section 122 of chapter 140 of
2720	2720	2709the General Laws, as inserted by section 39, not later than 1 year after the effective date of this 128 of 129
2721	2721	2710act; provided, that all firearms shall be registered in accordance with this act and not later than 1
2722	2722	2711year after said electronic firearms registration system is completed and publicly available.
2723	2723	2712 SECTION 132. The department of criminal justice information services shall establish
2724	2724	2713the serial number request system established pursuant to section 122A of chapter 140 of the
2725	2725	2714General Laws, as inserted by section 40, not later than 1 year after the effective date of this act;
2726	2726	2715provided, that all firearms shall be serialized in accordance with this act and not later than 1 year
2727	2727	2716after said serial number request system is completed and publicly available.
2728	2728	2717 SECTION 133. Sections 126 and 126A of chapter 140 of the General Laws, as inserted
2729	2729	2718by section 47, shall take effect 1 year after the effective date of this act; provided, however, that
2730	2730	2719until such time, new applicants for a license or permit under sections 124 to 124B, inclusive,
2731	2731	2720124E, 125, 125B of said chapter 140, as inserted by section 45, shall complete a basic firearms
2732	2732	2721safety certificate that satisfies the requirements of section 131P of chapter 140 of the General
2733	2733	2722Laws as in effect on October 1, 2023.
2734	2734	2723 SECTION 134. Section 60 shall take effect 1 year after the effective date of this act.
2735	2735	2724 SECTION 135. Subsection (i) of section 125A of chapter 140 of the General Laws, as
2736	2736	2725inserted by section 46, shall take effect 18 months after the effective date of this act. Until such
2737	2737	2726time, the licensing authority shall enter, 1 time per calendar year, during regular business hours,
2738	2738	2727the business premises of any licensee, and make inquiries and inspect the licensee’s records,
2739	2739	2728inventory, policies and procedures for the purpose of enforcing said section 125A of said chapter
2740	2740	2729140. Licensees found to be in violation of said section 125A of said chapter 140 shall be subject
2741	2741	2730to the suspension or revocation of their license to sell. Nothing herein shall prohibit law 129 of 129
2742	2742	2731enforcement from conducting such inspections pursuant to a valid search warrant issued by a
2743	2743	2732court of competent jurisdiction.