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