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