Bill S.835

SENATE DOCKET, NO. 1300 FILED ON: 1/21/2011

SENATE . . . . . . . . . . . . . . No. 835

By Mr. Petruccelli, a petition (accompanied by bill, Senate, No. 835) of Anthony W. Petruccelli for legislation to further enhance public safety in the Commonwealth. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 977 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act enhancing public safety through the use of technology.

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. 8000-0110 For the creation and maintenance of an electronic database system to be made available to every licensed dealer for the purpose of recording firearm sales, rentals and leases in the Commonwealth………………… $2,000,000

SECTION 2. Section 123 of Chapter 140 of the General Laws is hereby amended by striking the third and fourth sentences and inserting in place thereof the following:-

“Second, any licensee who is engaged in the business of selling, renting or leasing firearms, rifles or shotguns shall, at the time of delivery of a firearm, record a true, accurate entry in a statewide electronic database to be furnished by the executive director of the criminal history systems board and to be kept for that purpose, specifying the complete description of the firearm, rifle or shotgun, including the make, serial number, if any, type of firearm, rifle or shotgun, and designation as a large capacity weapon, if applicable, whether sold, rented or leased, the date of each sale, rental or lease, the license to carry firearms number or permit to purchase number and the identification card number in the case of a firearm or the identification card number or the license to carry firearms number in the case of a rifle or shotgun, the name, the sex, residence and occupation of the purchaser, renter or lessee. Said licensee shall also record the sale of all ammunition in the same manner. In addition, said purchaser, renter or lessee shall before delivery, as aforesaid, personally record his electronic signature as having received said firearm. Said licensee engaged in the business of selling, renting and leasing firearms shall verify the purchaser’s information and ability to possess a firearm in the electronic database prior to completing any such sale, rental or lease. Said electronic record shall be open at all times to the inspection of the local or state police departments.”

SECTION 3. Chapter 269 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by deleting section 11E in its entirety and inserting the following section:-

Section 11E. Serial identification numbers on firearms.

(a) All firearms, rifles and shotguns of new manufacture, manufactured or delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm, rifle or shotgun, and the manufacturer of said firearm, rifle or shotgun shall keep records of said serial numbers and the dealer, distributor or person to whom the firearm, rifle or shotgun was sold or delivered.

No licensed dealer shall order for delivery, cause to be delivered, offer for sale or sell within the commonwealth any newly manufactured firearm, rifle or shotgun received directly from a manufacturer, wholesaler or distributor not so inscribed with a serial number nor shall any licensed manufacturer or distributor of firearms, rifles or shotguns deliver or cause to be delivered within the commonwealth any firearm, rifle or shotgun not complying with this section.

No licensed manufacturer within the commonwealth shall produce for sale within the United States, its territories or possessions any firearm, rifle or shotgun not complying with paragraph one of this section. Whoever violates this section shall be punished by a fine of five hundred dollars. Each such violation shall constitute a separate offense.

(b) All semiautomatic firearms as defined in Chapter 140 Section 121 manufactured or delivered to any licensed dealer within the commonwealth shall be capable of microstamping ammunition.

(i) a microscopic array of characters that identify the make, model, and serial number of the firearm is etched into the breech face and firing pin of the firearm; and

(ii) when ammunition is fired from the firearm, the characters are copied from the breech face and firing pin onto the cartridge case of the ammunition.

(d) Subsection (b) shall apply only to semiautomatic firearms which –

(i) are manufactured, or imported into the Commonwealth on or after the effective date of this subsection; and

(ii) have not been transferred to a person not licensed under Chapter 140 of the general laws.

(e) Whoever violates subection (b) shall be fined an amount equal to –

(i) in the case of a first such violation by the violator, $1,000 multiplied by the number of firearms involved in the violation;

(ii) in the case of a second violation by the violator, $2,000 multiplied by the number of firearms involved in the violation;

(iii) in the case of a third such violation by the violator, $3,000 multiplied by the number of firearms involved in the violation.

SECTION 4. Section 3 of chapter 22E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:-- “Any person, including a juvenile offender treated as an adult, who is arrested for a felony or other specified offense punishable by imprisonment in the state prison, including an attempt, conspiracy, criminal solicitation, or accessory after the fact of such offenses on or after December 31, 2012, shall have a DNA sample drawn or taken at the same time such person is fingerprinted pursuant to the booking procedure. If for any reason a person is convicted of a felony and has not submitted his/her DNA that person shall submit a DNA sample to the department within 1 year of such conviction or adjudication or, if incarcerated, before release from custody, whichever occurs first.”

SECTION 5. Section 3 of chapter 22E of the General Laws, as so appearing, is hereby amended by adding the following phrase after the second sentence which begins, “The sample shall be collected by a person,”: -- “designated by the department or the arresting law enforcement agency and”

SECTION 6. Section 4(b) of chapter 22E of the General Laws, as so appearing, is hereby amended by adding the following sentence to the end of the paragraph:--

“A portion of the assessment shall be shared by the department and the arresting law enforcement agency to offset the cost associated with collecting and transferring the arrestee sample to state custody for updating, maintaining, and administering the state DNA database.”

SECTION 7. Subparagraph 1 of paragraph D of section 99 of chapter 272, as so appearing, is hereby amended by adding the following clause:--

g. for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

Name:	District/Address:
Anthony W. Petruccelli