Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1692 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2582 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1692
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ryan C. Fattman
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 :Ryan C. FattmanWorcester and Hampden 1 of 4
16	16	SENATE DOCKET, NO. 2582 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1692
18	18	By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1692) of Ryan C. Fattman for
19	19	legislation relative to possession of 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 36 of Chapter 135 of the Acts of 2024, is hereby amended by deleting it in its
29	29	2entirety, and inserting in place thereof the following:-
30	30	3 Section 122D. No person shall purchase or possess self-defense spray who:
31	31	4 (i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender
32	32	5or delinquent child as defined in section 52 of chapter 119 for the commission of: (A) a felony;
33	33	6(B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as
34	34	7defined in section 121; (D) a violation of a law regulating the use, possession, ownership,
35	35	8transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for
36	36	9which a term of imprisonment may be imposed; or (E) a violation of a law regulating the use,
37	37	10possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but
38	38	11not limited to, a violation under said chapter 94C; provided, however, that except for the
39	39	12commission of a violent crime or a crime involving the trafficking of controlled substances, if the 2 of 4
40	40	13person has been so convicted or adjudicated or released from confinement, probation or parole
41	41	14supervision for such conviction or adjudication, whichever occurs last, for 5 or more years
42	42	15immediately preceding the purchase or possession, that person may purchase or possess self-
43	43	16defense spray;
44	44	17 (ii) in another state or federal jurisdiction, has been convicted or adjudicated a youthful
45	45	18offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable
46	46	19by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a
47	47	20violation of a law regulating the use, possession, ownership, transfer, purchase, sale, lease,
48	48	21rental, receipt or transportation of weapons or ammunition for which a term of imprisonment
49	49	22may be imposed; or (E) a violation of a law regulating the use, possession or sale of a controlled
50	50	23substance as defined in section 1 of chapter 94C; provided, however, that, except for the
51	51	24commission of a violent crime or a crime involving the trafficking of weapons or controlled
52	52	25substances, if the person has been so convicted or adjudicated or released from confinement,
53	53	26probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5
54	54	27or more years immediately preceding the purchase or possession and that applicant's right or
55	55	28ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject
56	56	29conviction or adjudication was entered, then that person may purchase or possess self-defense
57	57	30spray;
58	58	31 (iii) has been committed to any hospital or institution for mental illness unless the person
59	59	32obtains, prior to purchase or possession, an affidavit of a licensed physician or clinical
60	60	33psychologist attesting that such physician or psychologist is familiar with the applicant's mental
61	61	34illness and that in the physician's or psychologist's opinion the applicant is not disabled by such
62	62	35an illness in a manner that shall prevent the applicant from possessing self-defense spray; 3 of 4
63	63	36 (iv) is or has been in recovery from or committed based upon a finding that the person is
64	64	37a person with an alcohol use disorder or a substance use disorder or both unless a licensed
65	65	38physician or clinical psychologist deems such person to be in recovery from such condition, in
66	66	39which case, such person may purchase or possess self-defense spray after 5 years from the date
67	67	40of such confinement or recovery; provided, however, that prior to such purchase or possession of
68	68	41self-defense spray, the applicant shall submit an affidavit issued by a licensed physician or
69	69	42clinical psychologist attesting that such physician or psychologist knows the person's history of
70	70	43treatment and that in that physician's or psychologist's opinion the applicant is in recovery;
71	71	44 (v) at the time of the application, is younger than 15 years of age;
72	72	45 (vi) at the time of the application, is at least 15 years of age but less than 18 years of age
73	73	46unless the applicant submits with the application a certificate from the applicant's parent or
74	74	47guardian granting the applicant permission to apply for a card;
75	75	48 (vii) is an alien who does not maintain lawful permanent residency or is an alien not
76	76	49residing under a visa pursuant to 8 U.S.C § 1101(a)(15)(U), or is an alien not residing under a
77	77	50visa pursuant to 8 U.S.C. § 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant
78	78	51to 8 U.S.C. § 1101(a)(15)(T)(i)(I)–(IV);
79	79	52 (viii) is currently subject to: (1) an order for suspension or surrender issued pursuant to
80	80	53section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (2) a permanent or temporary
81	81	54protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or
82	82	55 (ix) is currently the subject of an outstanding arrest warrant in any state or federal
83	83	56jurisdiction. 4 of 4
84	84	57 Whoever purchases or possesses self-defense spray in violation of this section shall be
85	85	58punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not
86	86	59more than 2 years or both such fine and imprisonment.