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