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