Amendment #5 to S.1897

Pepper Spray

Representatives Ferguson of Holden, Jones of North Reading, Peterson of Grafton, Orrall of Lakeville, Wong of Saugus and deMacedo of Plymouth move that the bill be amended by inserting, after SECTION 7, the following new sections:-

“SECTION XX. Section 121 of chapter 140 of the general laws, as appearing in the 2012 official edition, shall be amended by deleting in lines 6 through 8 the following:- “The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.”

SECTION XX. Section 121 of chapter 140 of the general laws, as so appearing, shall be amended by inserting after the word “imposed" in line 7 the following:- “Defensive Spray” shall mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.”

SECTION XX. Section 129B of chapter 140 of the general laws, as so appearing, shall be amended by deleting in lines 141 through 143 the following:- “A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate.”

SECTION XX. Section 129B of chapter 140 of the general laws, as so appearing, shall be amended by deleting in lines 155 through 159 the following:- “If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only.”

SECTION XX. Section 129B of chapter 140 of the general laws, as so appearing, shall be amended by deleting Clause (9B) in lines 198 through 215.

SECTION XX. Chapter 140 of the general laws, as so appearing, shall be amended by inserting the following new section:- Section 129E. Notwithstanding and special law or regulation to the contrary it shall be lawful for residents or non-residents aged 18 years of age or older to purchase, possess, carry, transport Defensive Sprays as defined in section 121 of chapter 140.

SECTION XX. Section 131 of chapter 140 of the general laws, as so appearing, shall be amended by deleting clause (c) in lines 92 through 97.

SECTION XX. Chapter 209A of the general laws, as appearing in the 2012 official edition, shall be amended by creating a new section:

SECTION XX. Any person under the protection of an abuse prevention order issued under this chapter may apply for a license to carry firearms under section 131, chapter 140. Said person shall be exempt from any application fee. Upon finding that such applicant is not otherwise statutorily prohibited from obtain a license according to section 131(d)(i) through (vii) the licensing authority shall issue an unrestricted license to carry firearms to the applicant.

For the purposes of licenses applied for under this section, the “suitability” clause in section 131, chapter 140 shall not apply.”.
Additional Cosponsors
Bradley H. Jones, Jr.
Donald H. Wong
Keiko M. Orrall
George N. Peterson, Jr.
Viriato Manuel deMacedo