Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1495 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1565 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1495
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to firearms and firearms violence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 1565 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1495
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1495) of Cynthia Stone Creem for
19	19	legislation relative to firearms and firearms violence. Public Safety and Homeland Security.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1563 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to firearms and firearms violence.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition,
31	31	2is hereby amended by inserting after section 2OOOOO, the following new section:-
32	32	3 2PPPPP. There is hereby established and set up on the books of the commonwealth a
33	33	4separate fund to be known as the Violence Prevention Trust Fund. Amounts credited to such
34	34	5fund shall be available, without further appropriation, to the executive office of health and
35	35	6human services who shall utilize such funds to establish an annual municipal grant program to
36	36	7support local programs targeted at reducing youth violence and gun violence.
37	37	8 SECTION 2. Section 2 of Chapter 64H of the General Laws, as so appearing, is hereby
38	38	9amended by adding the following new paragraph:- 2 of 4
39	39	10 In addition to all other rates of tax provided herein, an additional surcharge of 4.75
40	40	11percent shall be imposed on sales at retail of all ammunition, rifles, shotguns, firearms or parts
41	41	12thereof, as those terms are defined in section 121 of chapter 140, in the Commonwealth. All
42	42	13revenues received from such surcharge, together with any penalties, forfeitures, interest, costs of
43	43	14suits and fines collected in connection therewith, less all amounts refunded or abated in
44	44	15connection therewith, all as determined by the commissioner of revenue according to his best
45	45	16information and belief, shall be credited to the Violence Prevention Trust Fund established
46	46	17pursuant to section 2PPPPP of chapter 29 of the General Laws.
47	47	18 SECTION 3. Section 2 of Chapter 64I of the General Laws, as so appearing, is hereby
48	48	19amended by adding the following new paragraph:-
49	49	20 In addition to all other rates of tax provided herein, an additional surcharge of 4.75
50	50	21percent shall be imposed on the storage, use or other consumption of ammunition, rifles,
51	51	22shotguns, firearms or parts thereof, as those terms are defined in section 121 of chapter 140,
52	52	23purchased from any vendor or manufactured, fabricated or assembled from materials acquired
53	53	24either within or outside the commonwealth for storage, use or consumption within the
54	54	25commonwealth. All revenues received from this surcharge, together with any penalties,
55	55	26forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts
56	56	27refunded or abated in connection therewith, all as determined by the commissioner of revenue
57	57	28according to his best information and belief, shall be credited to the Violence Prevention Trust
58	58	29Fund established pursuant to section 2PPPPP of chapter 29 of the General Laws.
59	59	30 SECTION 4. Chapter 140 of the general laws, as so appearing is hereby amended by
60	60	31inserting after section 123, the following new section: 3 of 4
61	61	32 Section 123A. Notwithstanding any other provision of this chapter, law or regulation to
62	62	33the contrary, it shall be unlawful to sell, purchase, rent, lease or possess a .50 BMG rifle or .50
63	63	34BMG cartridge. Any person violating this section shall be punished by a fine of not less than
64	64	35$1,000 nor more than $10,000, or by imprisonment for not less than 1 year nor more than 10
65	65	36years, or by both such fine and imprisonment. For purposes of this section the following words
66	66	37shall have the following meanings:-
67	67	38 ".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a
68	68	39center fire rifle and that meets all of the following criteria:
69	69	40 (a) It has an overall length of 5.54 inches from the base to the tip of the bullet.
70	70	41 (b) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.
71	71	42 (c) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.
72	72	43 (d) The cartridge case length is 3.91 inches.
73	73	44 ".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge and is not
74	74	45already an assault weapon or a machinegun. It shall not include any antique firearm, nor any
75	75	46curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
76	76	47 The provisions of this section shall not apply to (i) any officer, agent or employee of the
77	77	48commonwealth or any state or the United States; (ii) any member of the military or other service
78	78	49of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or
79	79	50employee of any municipality of the commonwealth; provided, however, that any such person
80	80	51described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or
81	81	52possess the weapon so carried or possessed and is acting within the scope of his duties. 4 of 4
82	82	53 SECTION 5. Section 128A of chapter 140 of the General Laws, as so appearing, is
83	83	54hereby amended by striking the in lines 27-36 following 2 sentences:- “Any sale or transfer
84	84	55conducted pursuant to this section shall comply with section 131E and shall, prior to or at the
85	85	56point of sale, be conducted over a real time web portal developed by the department of criminal
86	86	57justice information services. The department of criminal justice information services shall
87	87	58require each person selling or transferring a firearm, shotgun or rifle pursuant to this section to
88	88	59electronically provide, though the portal, such information as is determined to be necessary to
89	89	60verify the identification of the seller and purchaser and ensure that the sale or transfer complies
90	90	61with this section.” and inserting in place thereof the following 2 sentences:- “Any sale or transfer
91	91	62conducted under this section shall comply with section 131E and shall take place at the location
92	92	63of a dealer licensed under section 122, who shall transmit the information required by this
93	93	64section for the purchases and sales by utilizing the electronic verification link established by the
94	94	65commissioner of the department of criminal justice information services. A licensed dealer may
95	95	66charge the seller a fee not to exceed $25 for each sale or transfer electronically submitted on
96	96	67behalf of the seller to the department of criminal justice information services.”
97	97	68 SECTION 6. Section 131 of said chapter 140, is hereby amended in paragraph (b) by
98	98	69adding in line 29 after the words “or by such other person” the following words:- “over the age
99	99	70of 16”.
100	100	71 SECTION 7. Section 131½ of chapter 140 of the General Laws, as appearing in the 2020
101	101	72official edition, is hereby amended by inserting, after the words “police chiefs association” the
102	102	73following new language:-“, one of whom shall be the attorney general or a designee”.