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2 | 2 | | SENATE DOCKET, NO. 449 FILED ON: 1/15/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1500 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Julian Cyr |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to firearms in certain public buildings. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 449 FILED ON: 1/15/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1500 |
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18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1500) of Julian Cyr for legislation |
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19 | 19 | | relative to firearms in certain public buildings. Public Safety and Homeland Security. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1568 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to firearms in certain public buildings. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 10 of Chapter 269 of the General Laws, as appearing in the 2020 |
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31 | 31 | | 2Official Edition, is hereby amended by inserting the following paragraphs:- |
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32 | 32 | | 3 (p) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or |
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33 | 33 | | 4smoothbore arm from which a shot, bullet or pellet can be discharged. |
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34 | 34 | | 5 Whoever, not being an on-duty law enforcement officer and notwithstanding any license |
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35 | 35 | | 6obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or |
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36 | 36 | | 7unloaded in any building or on the grounds of the state house shall be punished by a fine of not |
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37 | 37 | | 8more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement |
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38 | 38 | | 9officer may arrest without a warrant and detain a person found carrying a firearm in violation of |
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39 | 39 | | 10this paragraph. 2 of 3 |
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40 | 40 | | 11 (q) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or |
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41 | 41 | | 12smoothbore arm from which a shot, bullet or pellet can be discharged. |
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42 | 42 | | 13 Whoever, not being an on-duty law enforcement officer and notwithstanding any license |
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43 | 43 | | 14obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or |
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44 | 44 | | 15unloaded on the grounds of or in any portion of a building that is designated a polling place or a |
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45 | 45 | | 16place to be used for the counting ballots shall be punished by a fine of not more than $1,000 or |
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46 | 46 | | 17by imprisonment for not more than 2 years or both. A law enforcement officer may arrest |
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47 | 47 | | 18without a warrant and detain a person found carrying a firearm in violation of this paragraph. |
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48 | 48 | | 19 SECTION 2. Said chapter 269, as so appearing, is further amended by adding thereto a |
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49 | 49 | | 20new section entitled “12G. Firearms—Carrying Firearms at Demonstrations” |
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50 | 50 | | 21 (1) For the purposes of this section, the following words have the meanings indicated. |
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51 | 51 | | 22 "Demonstration" means one or more persons demonstrating, picketing, speechmaking, |
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52 | 52 | | 23marching, holding a vigil, or engaging in any other similar conduct that involves the |
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53 | 53 | | 24communication or expression of views or grievances and that has the effect, intent, or propensity |
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54 | 54 | | 25to attract a crowd or onlookers. "Demonstration" does not include the casual use of property by |
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55 | 55 | | 26visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers. |
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56 | 56 | | 27 "Firearm" any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet |
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57 | 57 | | 28can be discharged. |
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58 | 58 | | 29 "Public building", a building, including its grounds or curtilage, owned by the |
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59 | 59 | | 30commonwealth or any political subdivision thereof, or a portion of a building, including its 3 of 3 |
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60 | 60 | | 31grounds and curtilage or other public grounds where employees of a state agency or department |
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61 | 61 | | 32of the commonwealth are regularly present for the purpose of performing their official duties. |
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62 | 62 | | 33 (2) Whoever, not being an on-duty law enforcement officer and notwithstanding any |
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63 | 63 | | 34license obtained by the person pursuant to chapter 140, knowingly carries on the person a |
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64 | 64 | | 35firearm, loaded or unloaded at a demonstration in a public building shall be punished by a fine of |
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65 | 65 | | 36not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement |
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66 | 66 | | 37officer may arrest without a warrant and detain a person found carrying a firearm in violation of |
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67 | 67 | | 38this paragraph. |
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