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SENATE DOCKET, NO. 1455 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1508
The Commonwealth of Massachusetts
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PRESENTED BY:
James B. Eldridge
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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 to strengthen gun control.
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PETITION OF:
NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterJames Arciero2nd Middlesex2/9/2023Sal N. DiDomenicoMiddlesex and Suffolk3/10/2023 1 of 4
SENATE DOCKET, NO. 1455 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1508
By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1508) of James B. Eldridge, James
Arciero and Sal N. DiDomenico for legislation to strengthen gun control. 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 to strengthen gun control.
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, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the definition of “weapon” the following
3definitions:-
4 “Frame”, the part of a firearm or variant of a firearm, that provides housing or a structure
5for the primary energized component designed to hold back the hammer, striker, bolt, or similar
6element, prior to initiation of the firing sequence, even if pins or other attachments are required
7to attach the component to the housing or structure.
8 “Receiver”, the part of a rifle or shotgun, or variants thereof, that provides housing or a
9structure for the primary component designed to block or seal the breech prior to initiation of the
10firing sequence, even if pins or other attachments are required to connect the component to the
11housing or structure. 2 of 4
12 SECTION 2. The first paragraph of section 123 of said chapter 140, as so appearing, is
13hereby amended by inserting after the twenty-first clause the following clause:- Twenty-second,
14That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or
15delivery to a person a completed or unfinished frame or receiver that is not an integrated
16component of a fully-assembled weapon.
17 SECTION 3. Said section 123 of said chapter 140, as so appearing, is hereby amended by
18striking out, in line 286, the words “licensing authority” and inserting in place thereof the
19following words:- “the office of the attorney general".
20 SECTION 4. Chapter 258E of the General Laws is hereby amended by inserting after
21section 4 of chapter 258E the following sections: -
22 Section 4A. Order for suspension and surrender of firearms license; surrender of
23firearms; petition for review; hearing
24 Upon issuance of a temporary or emergency order under section five of this chapter, the
25court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse,
26order the immediate suspension and surrender of any license to carry firearms and or firearms
27identification card which the defendant may hold and order the defendant to surrender all
28firearms, rifles, shotguns, machine guns and ammunition which the defendant then controls,
29owns or possesses in accordance with the provisions of this chapter and any license to carry
30firearms or firearms identification cards which the defendant may hold shall be surrendered to
31the appropriate law enforcement officials in accordance with the provisions of this chapter and,
32said law enforcement official may store, transfer or otherwise dispose of any such weapon in
33accordance with the provisions of section 129D of chapter 140; provided however, that nothing 3 of 4
34herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other
35than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the
36copy of abuse prevention order served on the defendant pursuant to section seven. Law
37enforcement officials, upon the service of said orders, shall immediately take possession of all
38firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any
39firearms identification cards in the control, ownership, or possession of said defendant. Any
40violation of such orders shall be punishable by a fine of not more than five thousand dollars, or
41by imprisonment for not more than two and one-half years in a house of correction, or by both
42such fine and imprisonment.
43 Any defendant aggrieved by an order of surrender or suspension as described in the first
44sentence of this section may petition the court which issued such suspension or surrender order
45for a review of such action and such petition shall be heard no later than ten court business days
46after the receipt of the notice of the petition by the court. If said license to carry firearms or
47firearms identification card has been suspended upon the issuance of an order issued pursuant to
48section five or six, said petition may be heard contemporaneously with the hearing specified in
49the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the
50defendant that a firearm, rifle, shotgun, machine gun or ammunition is required in the
51performance of the defendant's employment, and upon a request for an expedited hearing, the
52court shall order said hearing within two business days of receipt of such affidavit and request
53but only on the issue of surrender and suspension pursuant to this section.
54 Section 4B: Continuation or modification of order for surrender or suspension 4 of 4
55 Upon the continuation or modification of an order issued pursuant to section 4A or upon
56petition for review as described in section 4A, the court shall also order or continue to order the
57immediate suspension and surrender of a defendant's license to carry firearms and firearms
58identification card and the surrender of all firearms, rifles, shotguns, machine guns or
59ammunition which such defendant then controls, owns or possesses if the court makes a
60determination that the return of such license to carry firearms and firearm identification card or
61firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of abuse to the
62plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long
63as the restraining order to which it relates is in effect; and, any law enforcement official to whom
64such weapon is surrendered may store, transfer or otherwise dispose of any such weapon in
65accordance with the provisions of section 129D of chapter 140; provided, however, that nothing
66herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other
67than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than
68$5,000 or by imprisonment for not more than two and one-half years in a house of correction or
69by both such fine and imprisonment.