Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2592 Compare Versions

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22 HOUSE DOCKET, NO. 3243 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2592
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Marjorie C. Decker
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act authorizing the voluntary disavowal of eligibility to purchase a firearm.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025 1 of 4
1616 HOUSE DOCKET, NO. 3243 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2592
1818 By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2592) of
1919 Marjorie C. Decker that the commissioner of Criminal Justice Services be authorized to establish
2020 a list of persons who disavow eligibility to purchase firearms. Public Safety and Homeland
2121 Security.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act authorizing the voluntary disavowal of eligibility to purchase a firearm.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2022
3131 2Official Edition, is hereby amended by adding the following subsection:-
3232 3 (j) The commissioner, in consultation with the executive office of public safety, the
3333 4attorney general and the colonel of the state police, shall establish a list of persons who disavow
3434 5eligibility to purchase a firearm, rifle, shotgun or machine gun, hereinafter referred to as a
3535 6firearm. A person may request such person’s name to be placed on the list of disavowal of
3636 7eligibility by filing a form with the commissioner acknowledging the person has a psychiatric
3737 8disability and is a danger to themselves and by agreeing that the person shall not purchase a
3838 9firearm.
3939 10 The department shall develop a standard form, accessible on the department’s webpage,
4040 11providing for a voluntary disavowal of eligibility to purchase a firearm. The department may 2 of 4
4141 12revoke, limit, condition, suspend or fine any licensee, as provided for in section 122 of chapter
4242 13140, eligibility to sell, rent or lease firearms, if the licensee sells a firearm to any person on such
4343 14list or provides unauthorized access to any name on such list. The list shall be shared with a
4444 15licensee by the department.
4545 16 The department shall distribute the form to acute-care hospitals and satellite emergency
4646 17facilities as defined in section 244 of chapter 111.
4747 18 The department shall adopt regulations for the maintenance and distribution of the list of
4848 19persons who disavow eligibility. The list shall not be a public record and shall not be open to
4949 20public inspection.
5050 21 SECTION 2. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
5151 22is hereby amended by adding the following section:-
5252 23 Section 244. A person voluntarily presenting in an acute-care hospital or a satellite
5353 24emergency facility who is reasonably believed by the treating clinician to be suffering from a
5454 25diagnosis of depression, using standardized definition of such diagnosis as set forth in the
5555 26Diagnostic and Statistical Manual of Mental Disorders as published by the American Psychiatric
5656 27Association, shall be presented with the form provided for in section 167A of chapter 6. For the
5757 28purposes of this section the term “acute-care hospital”, means any hospital licensed under section
5858 2951 that contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as
5959 30defined by the department and the teaching hospital of the University of Massachusetts Medical
6060 31School and the term “satellite emergency facility”, means a health care facility that operates on a
6161 327-day per week, 24-hour per day basis that is located off the premises of a hospital, but is listed 3 of 4
6262 33on the license of a hospital, and is authorized to accept patients transported to the facility by
6363 34ambulance.
6464 35 SECTION 3. Subsection (b) of section 36C of Chapter 123 of the General Laws, as
6565 36appearing in the 2022 Official Edition, is hereby amended by adding, after the final sentence, the
6666 37following sentence:-
6767 38 In addition to the relief provided for in this subsection, the court may grant relief, upon
6868 39petition, that the person’s name be removed from the list of persons who disavow eligibility to
6969 40purchase a firearm provided in section 167A of chapter 6.
7070 41 SECTION 4. Clause (ix) of subsection (d) of section 131 of chapter 140 of the General
7171 42Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 258,
7272 43the word “or”.
7373 44 SECTION 5. Clause (x) of subsection (d) of section 131 of chapter 140 of the General
7474 45Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 260,
7575 46“.” and inserting in place thereof the following:- ;or.
7676 47 SECTION 6. Subsection (d) of section 131 of chapter 140 of the General Laws, as
7777 48appearing in the 2022 Official Edition, is hereby amended after clause (x) by adding the
7878 49following clause:-
7979 50 (y) a person who has voluntarily disavowed eligibility to purchase a firearm as listed on
8080 51the list kept by the department of criminal justice information service pursuant to section 167A
8181 52of chapter 6. 4 of 4
8282 53 SECTION 7. Notwithstanding any general or special law to the contrary, any suicide
8383 54hotline maintained or operated by any entity funded in whole or part by the commonwealth shall
8484 55refer callers to the form provided for in section 1 of this act.