Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1496 Compare Versions

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

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2	2	SENATE DOCKET, NO. 2031 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1496
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 ghost guns.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 12
16	16	SENATE DOCKET, NO. 2031 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1496
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1496) of Cynthia Stone Creem for
19	19	legislation relative to ghost guns. Public Safety and Homeland Security.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to ghost guns.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 121 of chapter 140 of the General laws is hereby amended by
29	29	2inserting the following new definitions:
30	30	3 “Federal licensee authorized to serialize firearms” means a person, firm, corporation, or
31	31	4other entity that holds any valid federal license that authorizes the person, firm, corporation, or
32	32	5other entity to imprint serial numbers onto firearms, rifles, shotguns, and completed or
33	33	6unfinished frames or receivers pursuant to Chapter 44 (commencing with Section 921) of Title
34	34	718 of the United States Code and regulations issued pursuant thereto.
35	35	8 “Federally licensed gunsmith, manufacturer, or importer” means a person, firm,
36	36	9corporation, or other entity that holds a valid gunsmith license, or license to manufacture or
37	37	10import firearms, rifles, and shotguns, issued pursuant to Chapter 44 (commencing with Section
38	38	11921) of Title 18 of the United States Code and regulations issued pursuant thereto. 2 of 12
39	39	12 “Frame” means the part of a firearm, as defined in this section, or variant of a firearm,
40	40	13that provides housing or a structure for the primary energized component designed to hold back
41	41	14the hammer, striker, bolt, or similar element, prior to initiation of the firing sequence, even if
42	42	15pins or other attachments are required to attach the component to the housing or structure. Any
43	43	16such part that is identified with an importer's or manufacturer's serial number shall be presumed,
44	44	17absent an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives or
45	45	18other reliable evidence to the contrary, to be the frame of the weapon.
46	46	19 “License to manufacture firearms” means a valid license to manufacture firearms, rifles,
47	47	20and shotguns issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the
48	48	21United States Code and regulations issued pursuant thereto.
49	49	22 “Manufacture or assemble” means to fabricate, construct, fit together component parts of,
50	50	23or otherwise produce, a firearm, rifle, shotgun, or completed or unfinished frame or receiver,
51	51	24including through additive, subtractive, or other processes.
52	52	25 “Receiver” means the part of a rifle or shotgun, or variants thereof, that provides housing
53	53	26or a structure for the primary component designed to block or seal the breech prior to initiation
54	54	27of the firing sequence, even if pins or other attachments are required to connect the component to
55	55	28the housing or structure. Any such part that is identified with an importer's or manufacturer's
56	56	29serial number shall be presumed, absent an official determination by the Bureau of Alcohol,
57	57	30Tobacco, Firearms and Explosives or other reliable evidence to the contrary, to be the receiver of
58	58	31the weapon.
59	59	32 “Security exemplar” has the meaning given that term in 18 U.S.C. 922. 3 of 12
60	60	33 “Undetectable firearm, rifle, or shotgun” means a firearm, rifle, or shotgun manufactured,
61	61	34assembled, or otherwise comprised entirely of nonmetal substances, if one of the following is
62	62	35true: (i) After removal of grips, stocks and magazines, the firearm, rifle, or shotgun is not
63	63	36detectable as a security exemplar by a walk-through metal detector calibrated to detect the
64	64	37security exemplar; or (ii) The firearm, rifle, or shotgun includes a major component that, if
65	65	38subjected to inspection by the types of X-ray machines commonly used at airports, would not
66	66	39generate an image that accurately depicts the shape of the component. The term “major
67	67	40component” has the same meaning given that term in 18 U.S.C. 922.
68	68	41 “Unfinished frame or receiver” means a forging, casting, printing, extrusion, machined
69	69	42body or similar item that:
70	70	43 (i) Is designed to or may readily be completed, assembled, or otherwise converted to
71	71	44function as a frame or receiver; or
72	72	45 (ii) Is marketed or sold to the public to become or be used as the frame or receiver of a
73	73	46functional firearm, rifle, or shotgun once completed, assembled, or otherwise converted.
74	74	47 However, “unfinished frame or receiver” does not include a component designed and
75	75	48intended for use in an antique weapon.
76	76	49 “Valid serial number” means a serial number that has been imprinted by a federal
77	77	50licensee authorized to serialize firearms in accordance with federal law, or that has otherwise
78	78	51been assigned to a firearm, rifle, shotgun, or completed or unfinished frame or receiver pursuant
79	79	52to the laws of any state or pursuant to Chapter 53 of Title 26 of the United States Code and the
80	80	53regulations issued pursuant thereto. 4 of 12
81	81	54 SECTION 2. Section 121 of chapter 140 of the General laws is hereby further amended
82	82	55by striking the definition of firearm and inserting in place thereof the following:-
83	83	56 “Firearm”, a stun gun or a pistol, revolver or other weapon of any description, loaded or
84	84	57unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or
85	85	58barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured.
86	86	59 SECTION 3. Section 121 of chapter 140 of the General laws is hereby further amended
87	87	60by inserting the following new paragraph after the words “‘Weapon’, any rifle, shotgun or
88	88	61firearm.”:-
89	89	62 As used in sections 122 to 129D, inclusive, and in sections 131A and 131E, the term
90	90	63“firearm” includes the completed or unfinished frame of such a weapon, and the terms “rifle”
91	91	64and “shotgun” include the completed or unfinished receiver of such a weapon.
92	92	65 SECTION 4. Chapter 140 is hereby amended by inserting after section 121A a new
93	93	66section 121B, as follows:-
94	94	67 Section 121B. Unserialized and Undetectable Ghost Guns.
95	95	68 (a) It is unlawful to knowingly manufacture or assemble, cause to be manufactured or
96	96	69assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm, rifle, or
97	97	70shotgun that is not imprinted with a valid serial number. A violation of this subsection is
98	98	71punishable, for a first offense, by up to 12 months imprisonment, or a fine of up to $5,000 per
99	99	72weapon in violation, or by both such fine and imprisonment. A second or subsequent offense is
100	100	73punishable by up to four years imprisonment, or a fine of up to $15,000 per weapon in violation,
101	101	74or by both such fine and imprisonment. 5 of 12
102	102	75 (b) It is unlawful to knowingly import, purchase, sell, offer for sale, or transfer ownership
103	103	76of any completed or unfinished frame or receiver, unless the completed or unfinished frame or
104	104	77receiver:
105	105	78 (1) Is deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of
106	106	79Title 18 of the United States Code and regulations issued pursuant thereto; and
107	107	80 (2) Is imprinted with a valid serial number.
108	108	81 A violation of this subsection is punishable by up to 12 months imprisonment, or a fine of
109	109	82up to $5,000 per completed or unfinished frame or receiver in violation, or by both such fine and
110	110	83imprisonment.
111	111	84 (c) Commencing July 1, 2024, it is unlawful to knowingly possess a firearm, rifle,
112	112	85shotgun, or any completed or unfinished frame or receiver that is not imprinted with a valid
113	113	86serial number. A violation of this subsection is punishable, for a first offense, by a fine of up to
114	114	87$500 per weapon in violation. A second or subsequent offense is punishable by up to 12 months
115	115	88imprisonment, or a fine of up to $5,000 per weapon in violation, or by both such fine and
116	116	89imprisonment.
117	117	90 (d) This section does not apply to any of the following:
118	118	91 (1) A firearm, rifle, shotgun, or any completed or unfinished frame or receiver, that is an
119	119	92antique as defined in Section 479.11 of Title 27 of the Code of Federal Regulations, or that has
120	120	93been rendered permanently inoperable.
121	121	94 (2) The sale, offer for sale, or transfer of ownership of a firearm, rifle, shotgun, or any
122	122	95completed or unfinished frame or receiver, to a law enforcement agency. 6 of 12
123	123	96 (3) The manufacture or assembly, importation, purchase, transfer, or possession of a
124	124	97firearm, rifle, shotgun, or any completed or unfinished frame or receiver, by a law enforcement
125	125	98agency for law enforcement purposes.
126	126	99 (4) The sale or transfer of ownership of a firearm, rifle, shotgun, or any completed or
127	127	100unfinished frame or receiver, to a federally licensed gunsmith, manufacturer, or importer, or to
128	128	101any other federal licensee authorized to serialize firearms.
129	129	102 (5) The manufacture or assembly, importation, purchase, or possession of a firearm, rifle,
130	130	103shotgun, or any completed or unfinished frame or receiver, by a federally licensed gunsmith,
131	131	104manufacturer, or importer, or by any other federal licensee authorized to serialize firearms.
132	132	105 (6) A member of the Armed Forced of the United States or the National Guard, while on
133	133	106duty and acting within the scope and course of employment, or any law enforcement agency or
134	134	107forensic laboratory.
135	135	108 (7) A common carrier, motor carrier, air carrier, or carrier affiliated with an air carrier
136	136	109through common controlling interest that is subject to Title 49 of the United States Code, or an
137	137	110authorized agent of any such carrier, when acting in the course and scope of duties incident to the
138	138	111receipt, processing, transportation, or delivery of property.
139	139	112 (8) An authorized representative of a local, state, or federal government that receives a
140	140	113firearm, rifle, shotgun, or any completed or unfinished frame or receiver, as part of an
141	141	114authorized, voluntary buyback program in which the governmental entity is buying or receiving
142	142	115such weapons from private individuals. 7 of 12
143	143	116 (9) The possession and disposition of a firearm, rifle, shotgun, or any completed or
144	144	117unfinished frame or receiver by a person who meets all of the following:
145	145	118 (A) The person is not prohibited by Massachusetts or federal law from possessing the
146	146	119weapon.
147	147	120 (B) The person possessed the firearm, rifle, shotgun, or any completed or unfinished
148	148	121frame or receiver no longer than was necessary to deliver it to a law enforcement agency for that
149	149	122agency’s disposition according to law.
150	150	123 (C) If the person is transporting the firearm, rifle, shotgun, or any completed or
151	151	124unfinished frame or receiver, the person is transporting it to a law enforcement agency in order to
152	152	125deliver it to the agency for the agency’s disposition according to law.
153	153	126 (10) The possession or importation of a firearm, rifle, shotgun, or any completed or
154	154	127unfinished frame or receiver by a nonresident of the commonwealth who:
155	155	128 (A) Is traveling with the firearm, rifle, shotgun, or completed or unfinished frame or
156	156	129receiver in the commonwealth in accordance with the provisions of Section 926A of Title 18 of
157	157	130the United States Code; or
158	158	131 (B) Who possesses or imports the firearm, rifle, shotgun, or completed or unfinished
159	159	132frame or receiver in the commonwealth exclusively for use in an organized sport shooting event
160	160	133or competition, and no longer than reasonably necessary to participate in such an event or
161	161	134competition.
162	162	135 (11) The possession or importation of a firearm, rifle, shotgun, or any completed or
163	163	136unfinished frame or receiver by a new resident moving into the commonwealth who, within 90 8 of 12
164	164	137days of moving into the commonwealth, causes the firearm, rifle, shotgun, or completed or
165	165	138unfinished frame or receiver to be imprinted with a valid serial number, removes the weapon
166	166	139from the commonwealth, or otherwise comes into compliance with this section.
167	167	140 SECTION 5. Chapter 140 is hereby amended by inserting the following new section
168	168	141121C:-
169	169	142 Section 121C. Manufacture of Guns Without a Valid Federal License.
170	170	143 121C. (a) It is unlawful to knowingly manufacture or assemble more than one firearm,
171	171	144rifle, shotgun, or completed or unfinished frame or receiver within the commonwealth in a
172	172	145calendar year without a valid license to manufacture firearms.
173	173	146 (b) It shall be unlawful to use a three-dimensional printer or CNC milling machine to
174	174	147manufacture or assemble any firearm, rifle, shotgun, or completed or unfinished frame or
175	175	148receiver within the commonwealth without a valid license to manufacture firearms.
176	176	149 (c) (1) It is unlawful to sell, offer to sell, or transfer a three-dimensional printer or CNC
177	177	150milling machine that has the primary or intended function of manufacturing or assembling
178	178	151firearms, rifles, shotguns, or completed or unfinished frame or receivers, to any person in the
179	179	152commonwealth who does not have a valid license to manufacture firearms.
180	180	153 (2) It is unlawful for any person in the commonwealth to purchase or receive a three-
181	181	154dimensional printer or CNC milling machine that has the primary or intended function of
182	182	155manufacturing or assembling firearms, rifles, shotguns, or completed or unfinished frame or
183	183	156receivers, unless that person has a valid license to manufacture firearms. 9 of 12
184	184	157 (3) There shall be a presumption that a three-dimensional printer or CNC milling
185	185	158machine has the primary or intended function of manufacturing or assembling firearms, rifles,
186	186	159shotguns, or completed or unfinished frame or receivers, if the printer or machine is marketed or
187	187	160sold in a manner that advertises that it may be used to manufacture or assemble firearms, rifles,
188	188	161shotguns, or completed or unfinished frame or receivers, or in a manner that foreseeably
189	189	162promotes the printer or machine’s use in manufacturing or assembling such weapons, regardless
190	190	163of whether the printer or machine is otherwise described or classified as having other functions
191	191	164or as a general-purpose printer or machine.
192	192	165 (d) A person who manufactures or assembles a firearm, rifle, shotgun, or completed or
193	193	166unfinished frame or receiver within the commonwealth and who does not have a valid license to
194	194	167manufacture firearms, shall within 10 days after manufacturing or assembling the weapon, notify
195	195	168the commissioner of the department of criminal justice information services in a form and
196	196	169manner to be prescribed by the department, and provide any identifying information concerning
197	197	170the weapon and the owner of such weapon requested by the commissioner, including but not
198	198	171limited to the weapon’s serial number.
199	199	172 (e) Except by operation of law, it is unlawful for a person who does not have a valid
200	200	173license to manufacture or assemble firearms to sell or transfer ownership of a firearm, rifle, or
201	201	174shotgun if:
202	202	175 (1) The person manufactured or assembled the firearm without a valid license to
203	203	176manufacture firearms;
204	204	177 (2) The person knowingly caused the firearm to be manufactured or assembled by
205	205	178another person who does not have a valid license to manufacture firearms; or 10 of 12
206	206	179 (3) The person is aware that the firearm was manufactured or assembled by another
207	207	180person who does not have a valid license to manufacture firearms.
208	208	181 (f) (1) It is unlawful to knowingly allow, facilitate, aid, abet, or cause the manufacture or
209	209	182assembling of a firearm, rifle, shotgun, or completed or unfinished frame or receiver, by a person
210	210	183who is legally prohibited from possessing such a weapon under Massachusetts or federal law.
211	211	184 (2) It is unlawful to knowingly allow, facilitate, aid, abet, or cause the manufacture or
212	212	185assembly of a machine gun, assault weapon, undetectable firearm, rifle, or shotgun, or of any
213	213	186firearm, rifle, shotgun, or completed or unfinished frame or receiver that is not imprinted with a
214	214	187valid serial number.
215	215	188 (g) This section does not apply to any member of the Armed Forces of the United States
216	216	189or the National Guard, while on duty and acting within the scope and course of employment, or
217	217	190any law enforcement agency or forensic laboratory, or to the transfer, relinquishment, or sale of a
218	218	191firearm, rifle, or shotgun to a law enforcement agency.
219	219	192 (h) A violation of this section is punishable by up to 12 months imprisonment, or a fine of
220	220	193up to $5,000 per weapon in violation, or by both such fine and imprisonment.
221	221	194 SECTION 6. Chapter 140 is hereby amended by inserting the following new section
222	222	195121D:-
223	223	196 121D. Distribution of Digital Firearm Manufacturing Code.
224	224	197 (a) As used in this section, “Digital firearm manufacturing code” means any digital
225	225	198instructions in the form of computer-aided design files or other code or instructions stored and
226	226	199displayed in electronic format as a digital model that may be used to program a CNC milling 11 of 12
227	227	200machine, a three-dimensional printer, or a similar machine, to manufacture, assemble, or produce
228	228	201a firearm, rifle, shotgun, or completed or unfinished frame or receiver.
229	229	202 (b) A person, firm, or corporation shall not, by any means, including the Internet,
230	230	203knowingly distribute, or knowingly cause the distribution of, digital firearm manufacturing code
231	231	204to any person in the commonwealth who does not have a valid license to manufacture firearms.
232	232	205 (c) In addition to any other applicable penalty or remedies authorized by any other statute
233	233	206or cause of action, a person, firm, or corporation who violates this section may be held strictly
234	234	207liable for personal injury or property damage inflicted by the use of any firearm, rifle, or
235	235	208shotgun, that was manufactured, assembled, or produced in whole or in part using any digital
236	236	209firearm manufacturing code that was distributed in violation of this section.
237	237	210 (d) This section does not apply to, or affect the distribution of digital firearm
238	238	211manufacturing code to, any member of the Armed Forces of the United States or the National
239	239	212Guard, while on duty and acting within the scope and course of employment, or any law
240	240	213enforcement agency or forensic laboratory.
241	241	214 SECTION 7. Section 131N of Chapter 140 is hereby amended by striking said section
242	242	215and inserting in place thereof the following:-
243	243	216 No person shall knowingly manufacture or assemble or cause to be manufactured or
244	244	217assembled, import, sell, offer for sale, transfer or possess any weapon, capable of discharging a
245	245	218bullet or shot, that is: (i) constructed in a shape that does not resemble a handgun, short–barreled
246	246	219rifle or short– barreled shotgun including, but not limited to, covert weapons that resemble key–
247	247	220chains, pens, cigarette–lighters or cigarette –packages; or (ii) an undetectable firearm, rifle, or
248	248	221shotgun as defined in section 121. Whoever violates the provisions of this section shall be 12 of 12
249	249	222punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by
250	250	223imprisonment for not more than ten years, or by both such fine and imprisonment, and for a
251	251	224second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for
252	252	225not more than 15 years, or by both such fine and imprisonment.
253	253	226 SECTION 8. Section 11A of Chapter 269 of the General Laws, as appearing in the 2020
254	254	227Official Edition, is hereby amended by inserting in line 5 after the word “shotgun” the words “,
255	255	228or a completed or unfinished frame or receiver” and by inserting in line 7 after the word
256	256	229“manufacture” the words “, or by a licensee authorized to serialize firearms as defined in section
257	257	230one hundred and twenty-one of chapter one hundred and forty, or that has otherwise been
258	258	231assigned to a firearm pursuant to the laws of any state or pursuant to Chapter 53 of Title 26 of the
259	259	232United States Code and the regulations issued pursuant thereto".
260	260	233 SECTION 9. Section 11E of said Chapter 269 is hereby amended by striking in lines 1-2
261	261	234the words “of new manufacture,” and by striking in lines 9-10 the words “newly manufactured”
262	262	235and by striking in lines 10-11 the words “received directly from a manufacturer, wholesaler or
263	263	236distributor”.
264	264	237 SECTION 10. The provisions of this act are severable. If any provision of this act or its
265	265	238application is held invalid, that invalidity shall not affect other provisions or applications that can
266	266	239be given effect without the invalid provision or application.