Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2674 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3949 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2674
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David K. Muradian, Jr.
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 relative to self-defense sprays.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David K. Muradian, Jr.9th Worcester1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3949 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2674
18	18	By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 2674) of
19	19	David K. Muradian, Jr. relative to self-defense sprays. Public Safety and Homeland Security.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to self-defense sprays.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 135 of the Acts of 2022, is hereby amended by striking section 36,
29	29	2and inserting in place thereof the following:-
30	30	3 Section 36. Said chapter 140 is hereby further amended by striking out section 122D, as
31	31	4so appearing, and inserting in place thereof the following section:
32	32	5 Section 122D. No person shall purchase or possess self-defense spray who:
33	33	6 (i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender
34	34	7or delinquent child as defined in section 52 of chapter 119 for the commission of: (A) a felony;
35	35	8(B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as
36	36	9defined in section 121; (D) a violation of a law regulating the use, possession, ownership,
37	37	10transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for
38	38	11which a term of imprisonment may be imposed; or (E) a violation of a law regulating the use,
39	39	12possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but 2 of 4
40	40	13not limited to, a violation under said chapter 94C; provided, however, that except for the
41	41	14commission of a violent crime or a crime involving the trafficking of controlled substances, if the
42	42	15person has been so convicted or adjudicated or released from confinement, probation or parole
43	43	16supervision for such conviction or adjudication, whichever occurs last, for 5 or more years
44	44	17immediately preceding the purchase or possession, that person may purchase or possess self-
45	45	18defense spray;
46	46	19 (ii) in another state or federal jurisdiction, has been convicted or adjudicated a youthful
47	47	20offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable
48	48	21by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a
49	49	22violation of a law regulating the use, possession, ownership, transfer, purchase, sale, lease,
50	50	23rental, receipt or transportation of weapons or ammunition for which a term of imprisonment
51	51	24may be imposed; or (E) a violation of a law regulating the use, possession or sale of a controlled
52	52	25substance as defined in section 1 of chapter 94C; provided, however, that, except for the
53	53	26commission of a violent crime or a crime involving the trafficking of weapons or controlled
54	54	27substances, if the person has been so convicted or adjudicated or released from confinement,
55	55	28probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5
56	56	29or more years immediately preceding the purchase or possession and that applicant's right or
57	57	30ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject
58	58	31conviction or adjudication was entered, then that person may purchase or possess self-defense
59	59	32spray;
60	60	33 (iii) has been committed to any hospital or institution for mental illness unless the person
61	61	34obtains, prior to purchase or possession, an affidavit of a licensed physician or clinical
62	62	35psychologist attesting that such physician or psychologist is familiar with the applicant's mental 3 of 4
63	63	36illness and that in the physician's or psychologist's opinion the applicant is not disabled by such
64	64	37an illness in a manner that shall prevent the applicant from possessing self-defense spray;
65	65	38 (iv) is or has been in recovery from or committed based upon a finding that the person is
66	66	39a person with an alcohol use disorder or a substance use disorder or both unless a licensed
67	67	40physician or clinical psychologist deems such person to be in recovery from such condition, in
68	68	41which case, such person may purchase or possess self-defense spray after 5 years from the date
69	69	42of such confinement or recovery; provided, however, that prior to such purchase or possession of
70	70	43self-defense spray, the applicant shall submit an affidavit issued by a licensed physician or
71	71	44clinical psychologist attesting that such physician or psychologist knows the person's history of
72	72	45treatment and that in that physician's or psychologist's opinion the applicant is in recovery;
73	73	46 (v) at the time of the application, is younger than 15 years of age;
74	74	47 (vi) at the time of the application, is at least 15 years of age but less than 18 years of age
75	75	48unless the applicant submits with the application a certificate from the applicant's parent or
76	76	49guardian granting the applicant permission to apply for a card;
77	77	50 (vii) is an alien who does not maintain lawful permanent residency or is an alien not
78	78	51residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U), or is an alien not residing under a
79	79	52visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant
80	80	53to 8 U.S.C. § 1101(a)(15)(T)(i)(I)–(IV);
81	81	54 (viii) is currently subject to: (1) an order for suspension or surrender issued pursuant to
82	82	55section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (2) a permanent or temporary
83	83	56protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or 4 of 4
84	84	57 (ix) is currently the subject of an outstanding arrest warrant in any state or federal
85	85	58jurisdiction.
86	86	59 Whoever purchases or possesses self-defense spray in violation of this section shall be
87	87	60punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not
88	88	61more than 2 years or both such fine and imprisonment.