The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Cynthia Stone Creem
_______________
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 passage of the accompanying bill:
An Act relative to preventing illegal trafficking of firearms.
_______________
PETITION OF:
Name: |
District/Address: |
Cynthia Stone Creem |
First Middlesex and Norfolk |
Susan C. Tucker |
Second Essex and Middlesex |
Patricia D. Jehlen |
Second Middlesex |
Susan C. Fargo |
Third Middlesex |
Kay Khan |
11th Middlesex |
Thomas P. Conroy |
13th Middlesex |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S01383 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to preventing illegal trafficking of firearms.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Subclause (j)
of clause twenty-sixth of section 7 of chapter 4 of the General Laws, as
appearing in the 1998 Official Edition, is hereby amended by inserting after
the word “cards”, in line 178, the following words: - , but such names and
addresses shall be made available to law enforcement or other investigative
officials, including district attorneys, assistant district attorneys, the
attorney general and assistant attorneys general for purposes of enforcing
subsection (c) of section 131E of chapter 140.
SECTION 2. Subsection (d) of section 10 of chapter 66
of the General Laws, as so appearing, is hereby amended by inserting after the
word “six”, in line 60, the following words: - , including, but not limited to,
such agencies enforcing subsection (c) of section 131E of chapter 140.
SECTION 3. Section 123 of chapter 140 of the General Laws,
as so appearing, is hereby amended by striking the striking the words
“forthwith at” in the section beginning with “Fifth,” and replacing it with the
words: - within thirty minutes of.
SECTION 4. Section 123 of
chapter 140 of the General Laws, as so appearing, is hereby amended by
inserting after the word “condition.”, in line 229, the following sentences: -
Twenty-second, That no licensee shall sell, rent or lease a firearm or large
capacity weapon without first: (i) obtaining a signed declaration from the
purchaser, renter or lessee, on a form furnished by the executive director of
the criminal history systems board, that such individual has not purchased,
rented or leased, as those terms are used in section 121 and subsection (c) of
section 131E of this chapter, any firearm or large capacity weapon during the
previous 30 days, or that such individual is an exempt person as set forth
under subsection (c) of section 131E of this chapter; (ii) forwarding such
declaration to the executive director of the criminal history systems board;
and (iii) receiving notification from the criminal history systems board that
the purchaser, renter or lessee has not purchased, rented or leased any firearm
or large capacity weapon during the previous 30 days, or that such individual
is an exempt person as set forth under subsection (c) of section 131E of this
chapter. Such notification from the criminal history systems board shall
be valid for no more than two business days after the criminal history systems
board issues the notification, after which time the licensee must receive a new
notification before completing a sale, rental or lease of a firearm or large
capacity weapon to such purchaser, renter or lessee. Such declaration
from the purchaser, renter or lessee shall not be a defense in any action
brought against a licensee.
SECTION 5. Section 128 of said chapter 140 of the General
Laws, as so appearing, is hereby amended by replacing “ or” after the word
“twentieth” with “,” and inserting after the word “twenty-first”, the words: -
or twenty-second.
SECTION 6. Section 128A of said chapter 140 of the General Laws, as so appearing, is hereby amended by striking, “reports within seven days, in writing to the executive director of the criminal history systems board on forms furnished by said executive director, the names and addresses of the seller and the purchaser of any such large capacity feeding device, firearm, rifle or shotgun, together with a complete description of the firearm, rifle or shotgun, including its designation as a large capacity weapon, if applicable, the calibre, make and serial number and the purchaser’s license to carry firearms number, permit to purchase number and identifying number of such documentation as is used to establish exempt person status in the case of a firearm or the purchaser's license to carry number or firearm identification card number or said document identity number, in the case of a rifle or shotgun,” and inserting: - “shall complete all sales, rentals and leases of firearms, rifles, shotguns, and large capacity feeding devices through a person licensed pursuant to section 122 by delivering the firearm, rifle, shotgun, or large capacity feeding device to the licensee who shall then deliver the firearm, rifle, shotgun, or large capacity feeding device to the purchaser, renter or lessee, if the sale, rental, or lease is not prohibited, in accordance with section 123 of this chapter as if the licensee was selling, renting or leasing the firearm, rifle, shotgun, or large capacity feeding device directly to the purchaser, renter or lessee. The dealer may require the purchaser, renter or lessee to pay a fee not to exceed ten dollars ($10) per firearm, rifle, shotgun, or large capacity feeding device.”
SECTION 7. Paragraph (1) of
section 129B of said chapter 140, as so appearing, is hereby amended by adding
the following three clauses: -
(viii) is currently subject to: (a) an order for
suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or
a similar order issued by another jurisdiction; or (b) a permanent or temporary
protection order issued pursuant to chapter 209A or a similar order issued by
another jurisdiction;
(ix) is currently the subject of an outstanding arrest
warrant in any state or federal jurisdiction; or
(x) has been convicted of a violation of subsection (c)
of section 131E of this chapter.”
SECTION 8. Paragraph (d) of section 131 of said chapter
140, as so appearing, is hereby amended by the following three subparagraphs: -
(vi) is currently subject to: (A) an order for
suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or
a similar order issued by another jurisdiction; or (B) a permanent or temporary
protection order issued pursuant to chapter 209A or a similar order issued by
another jurisdiction;
(vii) is currently the subject of an outstanding arrest
warrant in any state or federal jurisdiction; or
(viii) has been convicted of a violation of subsection
(c) of section 131E of this chapter.”
SECTION 9. Section 131A of said chapter 140 of the
General Laws, as so appearing, is hereby amended by inserting after the words
“proper purpose”, in line 5, the following words: - and does not violate the
firearm or large capacity weapon purchase, rental or lease limitation in
subsection (c) of section 131E of this chapter.
SECTION 10. Section 131E of said chapter 140 of the
General Laws, as so appearing, is hereby amended by adding the following
subsection: -
(c) no person, other than an exempt person hereinafter
described, shall purchase, rent or lease more than one firearm or large
capacity weapon in any 30 day period. The term “rent or lease” as used herein
shall not apply to the rental or lease of a firearm or large capacity weapon
for a duration of less than 48 hours, provided, however that such firearm is
rented or leased from a licensee who is licensed under the provisions of
section 122 and subject to the conditions described in section 123.
The provisions of this subsection shall not apply to
the following persons and uses:
(1) Any law enforcement agency or authority;
(2) Any branch of the United States military, including
the national guard;
(3) Any persons in any branch of the United States
military or police officers and other peace officers who are acquiring firearms
for the purposes of performing their official duties or when duly authorized by
their employer to purchase them;
(4) Any licensed watch, guard or patrol agency or their
licensed employees in the course of their employment under sections 22 and 25
of chapter 147;
(5) Any person who has been certified as a licensed
collector by the criminal history systems board;
(6) A federal, state or local historical society, museum
or institutional collector open to the public;
(7) Any exchange of a firearm or large capacity weapon
for another firearm or large capacity weapon purchased, rented or leased from
the licensed dealer by the same person seeking the exchange within 30 days
immediately before the exchange;
(8) A firearms surrender program authorized by and in
compliance with section 131O of this chapter.
A non-exempt person who purchases, rents or leases more
than one firearm or large capacity weapon in any 30 day period shall be
punished, for a first offense, by a fine of not more than $1,000, or by
imprisonment for not more than six months, or by both such tine and
imprisonment; and for any subsequent offense shall be punished by a fine of not
less than $1,000 and not more than $5,000, or by imprisonment for not more than
two and one-half years, or by both such fine and imprisonment. The punishments
under this subsection shall be separate from the procedures established for the
denial, revocation or suspension of firearm identification cards, licenses and
permits provided under this chapter.
Any person or licensee who sells, rents or leases a
firearm or large capacity weapon to a non-exempt person under this section,
with knowledge or reason to know that the person has purchased, rented or
leased a firearm or large capacity weapon within the previous thirty days shall
be punished, for a first offense, by a fine of not more than $5,000 or by
imprisonment of not more than two and one-half years, or by both such fine and
imprisonment; and for any subsequent offense shall be punished by a tine of not
less than $1,000 and not more than $10,000 or by imprisonment for not more than
five years, or by both such fine and imprisonment. These punishments shall be separate
from the procedures established for the denial, revocation or suspension of
firearm identification cards, licenses and permits provided under this chapter.