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