Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1509 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. 1469 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1509
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 3D printed guns and ghost guns.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterMichael J. BarrettThird Middlesex1/27/2023John F. KeenanNorfolk and Plymouth2/10/2023Patricia D. JehlenSecond Middlesex3/3/2023Sal N. DiDomenicoMiddlesex and Suffolk3/10/2023 1 of 6
16	16	SENATE DOCKET, NO. 1469 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1509
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1509) of James B. Eldridge,
19	19	Michael J. Barrett, John F. Keenan, Patricia D. Jehlen and others for legislation relative to 3D
20	20	printed guns and ghost guns. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to 3D printed guns and ghost guns.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 1. Section 121 of Chapter 140 of the General Laws, is hereby amended by
30	30	2inserting after the word “detectors” in line 77, ‘“frame”, the part of a handgun, or variants
31	31	3thereof, that provides housing or a structure for the primary energized component designed to
32	32	4hold back the hammer, striker, bolt, or similar component prior to initiation of the firing
33	33	5sequence (i.e., sear or equivalent), even if pins or other attachments are required to connect such
34	34	6component to the housing or structure, including any such part (1) that is marketed or sold to the
35	35	7public to be used in an assembled, operable firearm or (2) that can be readily converted for use in
36	36	8an assembled, operable firearm.
37	37	9 Section 2. Section 121 of Chapter 140 of the General Laws is hereby amended by
38	38	10inserting after the word “detectors” in line 77, the following: a firearm shall include any firearm
39	39	11frame or receiver. 2 of 6
40	40	12 Section 3. Section 121 of Chapter 140 of the General Laws is hereby amended by
41	41	13inserting after the word “tense” in line 133, the following: “‘receiver,’ the part of a rifle, shotgun,
42	42	14or projectile weapon other than a handgun, or variants thereof, that provides housing or a
43	43	15structure for the primary component designed to block or seal the breech prior to initiation of the
44	44	16firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are
45	45	17required to connect such component to the housing or structure, including any such part (1) that
46	46	18is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be
47	47	19readily converted for use in an assembled, operable firearm. The term shall not include a piece of
48	48	20material that has had its size or external shape altered to facilitate transportation or storage or has
49	49	21had its chemical composition altered.”
50	50	22 Section 4. Section 121 of Chapter 140 of the General Laws is hereby amended by
51	51	23inserting after the word “lever” in line 165, the following: “‘variant’ and ‘variants thereof’ means
52	52	24a weapon utilizing a similar frame or receiver design irrespective of new or different model
53	53	25designations or configurations, characteristics, features, components, accessories, or attachments.
54	54	26 Section 5. Chapter 140 is hereby amended by inserting the following new Section after
55	55	27Section 122D.
56	56	28 Section 122E.
57	57	29 (a) “assembly” or “assemble” means the fitting together of component parts of a firearm
58	58	30to construct a firearm; but shall not apply to the restoration of antique firearms nor the
59	59	31replacement of existing parts of a completed firearm so long as the parts are properly imprinted
60	60	32with a serial number issued by the Department of Criminal Justice Information Services.
61	61	33 (b) “manufacture” means the newly fabricate or construct a firearm. 3 of 6
62	62	34 (c) No individual shall sell, deliver, or transfer a firearm unless the firearm is required by
63	63	35law to be, and has been, imprinted with a serial number by a licensed importer, manufacturer, or
64	64	36dealer of firearms pursuant to 18 USC 923(i), or with a serial number issued by the by the
65	65	37Department of Criminal Justice Information Services as amended from time to time, and any
66	66	38regulation adopted thereunder within.
67	67	39 (d) No individual shall purchase, obtain, or possess any firearm that is undetectable.
68	68	40"Undetectable firearm” means a firearm that: (1) after removal of all parts other than major
69	69	41components, is not as detectable as the Security Exemplar, by walk-through metal detectors
70	70	42calibrated and operated to detect the Security Exemplar; or (2) includes a major component
71	71	43which, if the firearm were subjected to inspection by the types of detection devices commonly
72	72	44used at airports for security screening, would not generate an image that accurately depicts the
73	73	45shape of the component.
74	74	46 "Major component” means the barrel, the slide or cylinder, or the frame or receiver of a
75	75	47firearm.
76	76	48 “Security Exemplar” means the Security Exemplar fabricated in accordance with
77	77	49subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. § 922
78	78	50 (e) No person shall use a three-dimensional printer to manufacture any firearm, or any
79	79	51part or component that is intended to be used to assemble or manufacture a firearm, unless such
80	80	52person possesses a federal license to manufacture firearms and operates in compliance pursuant
81	81	53to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.
82	82	54 (f) No person shall distribute by any means, including the Internet, to a person in
83	83	55Massachusetts who is not registered or licensed as a manufacturer, digital instructions in the 4 of 6
84	84	56form of computer-aided design files or other code or instructions stored and displayed in
85	85	57electronic format as a digital model that may be used to program a three-dimensional printer to
86	86	58manufacture or produce a firearm, magazine, or firearm component if the distributer intends the
87	87	59instructions to be used in commission of an act against the laws of the Commonwealth or knows,
88	88	60or has reason to know, that the person receiving the instructions intends to use them in
89	89	61commission of an act against the laws of the Commonwealth. As used in this subsection: “three-
90	90	62dimensional printer” means a computer or computer-driven machine or device capable of
91	91	63producing a three-dimensional object from a digital model; and “distribute” means to sell, or to
92	92	64manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, display,
93	93	65share, advertise, offer, or make available via the Internet or by any other means, whether for
94	94	66pecuniary gain or not, and includes an agreement or attempt to distribute.
95	95	67 (g) The department of criminal justice information services shall develop and maintain a
96	96	68system to distribute a unique serial number or other mark of identification to any individual
97	97	69requesting such serial number or mark pursuant to this section, in accordance with applicable
98	98	70federal laws and regulations. Upon an application made by a person for a serial number or mark
99	99	71for a firearm pursuant to this section, which shall include any information required by the
100	100	72department, the department shall confirm with the appropriate licensing authority that the
101	101	73applicant is authorized to possess such firearm and possess a valid license or firearm
102	102	74identification card as required under chapter 140. Upon issuance of a serial number or mark, the
103	103	75department shall maintain identifying information of the person requesting the number or mark
104	104	76and of the firearm for which each such number or mark is requested.
105	105	77 (h) Not later than ninety days after the effective date of this act, an individual who is in
106	106	78possession of a firearm that has not been imprinted with a serial number by the department of 5 of 6
107	107	79criminal justice information services, a licensed importer, manufacturer, or dealer of firearms
108	108	80pursuant to 18 USC 923(i) shall notify the commissioner of the department of criminal justice
109	109	81information services and provide any identifying information concerning the firearm and the
110	110	82owner of such firearm pursuant to Section 128B of Chapter 140, shall apply for a serial number
111	111	83or mark for a firearm pursuant to subsection (g), and within 30 days of receiving such serial
112	112	84number shall imprint or have it imprinted upon the firearm.
113	113	85 (i) No individual shall knowingly, facilitate, aid, or abet the manufacture or assembly of a
114	114	86firearm by an individual or for an individual who is otherwise prohibited by law from owning or
115	115	87possessing a firearm.
116	116	88 (j) The department of criminal justice information services shall promulgate regulations
117	117	89to carry out this section.
118	118	90 (k) The provisions of this section shall not apply to (1) the sale or transfer of a firearm to,
119	119	91or to purchasing, obtaining, or possessing of a firearm by, a federally licensed firearm
120	120	92manufacturer, importer, or dealer, or (2) delivery or transfer of a firearm to a law enforcement
121	121	93agency.
122	122	94 Section 6. Chapter 269 of the Massachusetts General Laws is hereby amended by
123	123	95inserting the following new Section after Section 10K
124	124	96 Section 10L.
125	125	97 (a) Any person who is found to have violated any provision of Chapter 140, Section 122E
126	126	98of the Massachusetts General Laws shall be punished by imprisonment in the state prison for a
127	127	99term of not more than ten years for each offense, or by not more than two and one half years in 6 of 6
128	128	100the House of Correction or by a fine of not more than ten thousand dollars for each offense or by
129	129	101both such imprisonment and fine.
130	130	102 (b) Section 26 of Chapter 218 of the General Laws shall be amended by inserting after
131	131	103the words, “knowing the same to be forged”, the following words:
132	132	104 “a violation of Section 122E of Chapter 140 of the General Laws.”