Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1529 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. 278 FILED ON: 1/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1529
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 to prevent illegal trafficking and gun violence among youth in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenDavid Paul Linsky5th MiddlesexMichael J. BarrettThird Middlesex1/31/2023 1 of 5
16	16	SENATE DOCKET, NO. 278 FILED ON: 1/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1529
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1529) of Adam Gomez, David Paul
19	19	Linsky and Michael J. Barrett for legislation to prevent illegal trafficking and gun violence
20	20	among youth in the Commonwealth. 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 to prevent illegal trafficking and gun violence among youth in the Commonwealth.
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, as appearing in the 2016
30	30	2Official Edition, is hereby amended by inserting after the word “gun” in line 100 the following
31	31	3words:-
32	32	4 “Microstamp”, a microscopic array of characters that identify the make, model, and serial
33	33	5number of the firearms, etched or otherwise imprinted in two or more places on the interior
34	34	6surface of the internal working parts of the firearm, and that are transferred by imprinting on
35	35	7each cartridge case when the firearm is fired.
36	36	8 SECTION 2. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby
37	37	9amended by inserting after the word “lease” in line 525, the following three sentences:-
38	38	10 No person licensed under section 122 or section 122B shall sell or otherwise transfer to
39	39	11any person more than 1 firearm during any thirty-day period, except by devise or trust.
40	40	12Commencing 3 years after the passage of this bill, persons licensed under section 122 or section 2 of 5
41	41	13122B must only sell guns designed or equipped with the ability to microstamp ammunition, by
42	42	14etching or otherwise imprinting a microscopic array of characters that identify the make, model,
43	43	15and serial number of the firearms in two or more places on the interior surface of the internal
44	44	16working parts of the firearm, and that are transferred by imprinting on each cartridge case when
45	45	17the firearm is fired.
46	46	18 SECTION 3. Said section 123 of said chapter 140 is hereby further amended by inserting
47	47	19after the word “131E” in line 499 the following words:-
48	48	20 Twenty-second, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale,
49	49	21lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless the firearm
50	50	22has the ability to microstamp its ammunition with two unique parts of the firearm.
51	51	23 SECTION 4. Section 131¾ of chapter 140 of the General Laws, as so appearing, is
52	52	24hereby amended by striking out in line 6, the word “Twenty-first” and inserting in place thereof
53	53	25the following word:- Twenty-second.
54	54	26 SECTION 5. The secretary of public safety and security shall study the feasibility of the
55	55	27establishment of an interstate compact for the purpose of developing an interstate compact to
56	56	28encourage the adoption of uniform procedures to combat illegal gun trafficking between states.
57	57	29The report of such study and any recommended legislation or regulations shall be filed with the
58	58	30joint committee on public safety not later than one year from the passage of this act. Such report
59	59	31shall include but not be limited to, the steps necessary to form such an interstate compact.
60	60	32 SECTION 6. Chapter 140 of the General Laws is hereby further amended by inserting
61	61	33after section 128B, the following section:- 3 of 5
62	62	34 Section 128C. Whoever being licensed under section 122 and who purchases or
63	63	35otherwise accepts and keeps within the commonwealth for any period of time more than one
64	64	36firearm in a thirty-day period shall be punished by not more than 5 years in state prison and the
65	65	37licensing authority shall suspend any license or identification card issued under this chapter to
66	66	38such person for a period not to exceed 3 years. This section shall not apply to firearms
67	67	39bequeathed through trust or devise.
68	68	40 SECTION 7. Said chapter 140 is hereby further amended by inserting after section 129C
69	69	41the following section:-
70	70	42 Section 129C½. Any person or entity that inherits a firearm, rifle or shotgun by trust or
71	71	43devise, may sell, transfer or deliver such weapon to a licensed dealer or to another person if the
72	72	44transferee is legally permitted to purchase or take possession of such weapon or, within 180 days
73	73	45of receiving such weapon through trust or devise, the recipient thereof shall obtain the relevant
74	74	46firearms identification card or license to carry. Whoever violates this section shall be punished
75	75	47by a fine of not less than $1,000 nor more than $10,000.
76	76	48 SECTION 8. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby
77	77	49amended by striking out, in line 6, the words “(1) being present in or on his residence or place of
78	78	50business; or”.
79	79	51 SECTION 9. Section 11A of chapter 269 of the General Laws, as so appearing, is hereby
80	80	52amended by adding the following paragraph:-
81	81	53 “Microstamp”. a microscopic array of characters that identify the make, model, and serial
82	82	54number of the firearms, etched or otherwise imprinted in two or more places on the interior 4 of 5
83	83	55surface of the internal working parts of the firearm, and that are transferred by imprinting on
84	84	56each cartridge case when the firearm is fired.
85	85	57 SECTION 10. Chapter 269 of the General Laws, as so appearing, is hereby amended by
86	86	58striking out section 11C and inserting in place thereof the following section:-
87	87	59 Section 11C. Whoever, by himself or another, removes, defaces, alters, obliterates or
88	88	60mutilates in any manner the serial number, identification number, or microstamping functions of
89	89	61a firearm, or in any way participates therein, and whoever receives a firearm with knowledge that
90	90	62its serial number, identification number, or microstamping functions have been removed,
91	91	63defaced, altered, obliterated or mutilated in any manner, shall be punished by a fine of not more
92	92	64than two hundred dollars or by imprisonment for not less than one month nor more than two and
93	93	65one half years. Possession or control of a firearm the serial number, identification number, or
94	94	66microstamping functions of which has been removed, defaced, altered, obliterated or mutilated in
95	95	67any manner shall be prima facie evidence that the person having such possession or control is
96	96	68guilty of a violation of this section; but such prima facie evidence may be rebutted by evidence
97	97	69that such person had no knowledge whatever that such number had been removed, defaced,
98	98	70altered, obliterated or mutilated, or by evidence that he had no guilty knowledge thereof. Upon a
99	99	71conviction of a violation of this section said firearm or other article shall be forwarded, by the
100	100	72authority of the written order of the court, to the colonel of the state police, who shall cause said
101	101	73firearm or other article to be destroyed.
102	102	74 SECTION 11. Section 11E of chapter 269 of the General Laws, as so appearing, is
103	103	75hereby amended by adding the following paragraph:- 5 of 5
104	104	76 All firearms of new manufacture with the capacity to eject spent cartridges manufactured,
105	105	77delivered to any licensed dealer within the commonwealth, or owned by any individual holding a
106	106	78Massachusetts issued firearm license shall be designed or equipped with the ability to
107	107	79microstamp ammunition commencing three years after the passage of this bill. The manufacturer
108	108	80of said firearm shall keep records of said serial numbers and the dealer, distributor or person to
109	109	81whom the firearm was sold or delivered.