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2 | 2 | | HOUSE DOCKET, NO. 3243 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2592 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Marjorie C. Decker |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing the voluntary disavowal of eligibility to purchase a firearm. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 3243 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2592 |
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18 | 18 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2592) of |
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19 | 19 | | Marjorie C. Decker that the commissioner of Criminal Justice Services be authorized to establish |
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20 | 20 | | a list of persons who disavow eligibility to purchase firearms. Public Safety and Homeland |
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21 | 21 | | Security. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act authorizing the voluntary disavowal of eligibility to purchase a firearm. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2022 |
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31 | 31 | | 2Official Edition, is hereby amended by adding the following subsection:- |
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32 | 32 | | 3 (j) The commissioner, in consultation with the executive office of public safety, the |
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33 | 33 | | 4attorney general and the colonel of the state police, shall establish a list of persons who disavow |
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34 | 34 | | 5eligibility to purchase a firearm, rifle, shotgun or machine gun, hereinafter referred to as a |
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35 | 35 | | 6firearm. A person may request such person’s name to be placed on the list of disavowal of |
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36 | 36 | | 7eligibility by filing a form with the commissioner acknowledging the person has a psychiatric |
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37 | 37 | | 8disability and is a danger to themselves and by agreeing that the person shall not purchase a |
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38 | 38 | | 9firearm. |
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39 | 39 | | 10 The department shall develop a standard form, accessible on the department’s webpage, |
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40 | 40 | | 11providing for a voluntary disavowal of eligibility to purchase a firearm. The department may 2 of 4 |
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41 | 41 | | 12revoke, limit, condition, suspend or fine any licensee, as provided for in section 122 of chapter |
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42 | 42 | | 13140, eligibility to sell, rent or lease firearms, if the licensee sells a firearm to any person on such |
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43 | 43 | | 14list or provides unauthorized access to any name on such list. The list shall be shared with a |
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44 | 44 | | 15licensee by the department. |
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45 | 45 | | 16 The department shall distribute the form to acute-care hospitals and satellite emergency |
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46 | 46 | | 17facilities as defined in section 244 of chapter 111. |
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47 | 47 | | 18 The department shall adopt regulations for the maintenance and distribution of the list of |
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48 | 48 | | 19persons who disavow eligibility. The list shall not be a public record and shall not be open to |
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49 | 49 | | 20public inspection. |
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50 | 50 | | 21 SECTION 2. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, |
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51 | 51 | | 22is hereby amended by adding the following section:- |
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52 | 52 | | 23 Section 244. A person voluntarily presenting in an acute-care hospital or a satellite |
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53 | 53 | | 24emergency facility who is reasonably believed by the treating clinician to be suffering from a |
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54 | 54 | | 25diagnosis of depression, using standardized definition of such diagnosis as set forth in the |
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55 | 55 | | 26Diagnostic and Statistical Manual of Mental Disorders as published by the American Psychiatric |
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56 | 56 | | 27Association, shall be presented with the form provided for in section 167A of chapter 6. For the |
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57 | 57 | | 28purposes of this section the term “acute-care hospital”, means any hospital licensed under section |
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58 | 58 | | 2951 that contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as |
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59 | 59 | | 30defined by the department and the teaching hospital of the University of Massachusetts Medical |
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60 | 60 | | 31School and the term “satellite emergency facility”, means a health care facility that operates on a |
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61 | 61 | | 327-day per week, 24-hour per day basis that is located off the premises of a hospital, but is listed 3 of 4 |
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62 | 62 | | 33on the license of a hospital, and is authorized to accept patients transported to the facility by |
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63 | 63 | | 34ambulance. |
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64 | 64 | | 35 SECTION 3. Subsection (b) of section 36C of Chapter 123 of the General Laws, as |
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65 | 65 | | 36appearing in the 2022 Official Edition, is hereby amended by adding, after the final sentence, the |
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66 | 66 | | 37following sentence:- |
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67 | 67 | | 38 In addition to the relief provided for in this subsection, the court may grant relief, upon |
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68 | 68 | | 39petition, that the person’s name be removed from the list of persons who disavow eligibility to |
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69 | 69 | | 40purchase a firearm provided in section 167A of chapter 6. |
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70 | 70 | | 41 SECTION 4. Clause (ix) of subsection (d) of section 131 of chapter 140 of the General |
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71 | 71 | | 42Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 258, |
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72 | 72 | | 43the word “or”. |
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73 | 73 | | 44 SECTION 5. Clause (x) of subsection (d) of section 131 of chapter 140 of the General |
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74 | 74 | | 45Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 260, |
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75 | 75 | | 46“.” and inserting in place thereof the following:- ;or. |
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76 | 76 | | 47 SECTION 6. Subsection (d) of section 131 of chapter 140 of the General Laws, as |
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77 | 77 | | 48appearing in the 2022 Official Edition, is hereby amended after clause (x) by adding the |
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78 | 78 | | 49following clause:- |
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79 | 79 | | 50 (y) a person who has voluntarily disavowed eligibility to purchase a firearm as listed on |
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80 | 80 | | 51the list kept by the department of criminal justice information service pursuant to section 167A |
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81 | 81 | | 52of chapter 6. 4 of 4 |
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82 | 82 | | 53 SECTION 7. Notwithstanding any general or special law to the contrary, any suicide |
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83 | 83 | | 54hotline maintained or operated by any entity funded in whole or part by the commonwealth shall |
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84 | 84 | | 55refer callers to the form provided for in section 1 of this act. |
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