SENATE DOCKET, NO. 2644        FILED ON: 7/29/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 to protect due process and strengthen public safety.

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PETITION OF:

SENATE DOCKET, NO. 2644        FILED ON: 7/29/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to protect due process and strengthen public safety.

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. Section 2 of Chapter 93A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, in line 11, after the word "chapter" the following words: provided that such rules and regulations shall not govern, limit, or otherwise relate to weapons as defined in Section 121 of Chapter 140, the manufacture of weapons or the sale of weapons. Further, that any such rule or regulations having previously being promulgated are hereby repealed.

Section 2. Section 121 of Chapter 140 of the general laws is hereby amended by adding at the end thereof the following new section:

Section _:- No person who, being properly licensed to do so pursuant to Chapter 140 of the general laws, purchased, sold or transferred a weapon or an assault weapon and such transaction was properly submitted and approved under the Massachusetts Instant Record Check System, prior to July 21, 2016 shall be guilty of the unlawful sale, transfer or possession of a weapon or an assault weapon as defined in Section 121 of Chapter 140 of the general laws.

Section 3. Section 121 of Chapter 140 of the general laws is hereby further amended by adding the following new section:-

Section _:- Administrative changes to lists and definitions prohibited

a). Definitions-

“Material change”-Change, alteration or modification to any provision contained in this section which has its objective, effect, or impact, one or more weapons, by class, type or specific model, being added or subtracted from the definition of assault weapon or weapon

“Administrative action” – any action other than statutory change pursuant to Article XLVIII of the Constitution of the Commonwealth

b).Prohibition- No material change to the definition of weapon or assault weapon as defined in section 121 of chapter 140 shall be made by administrative action

c). Request for Material Change- The Attorney General, the Secretary of the Executive Office of Public Safety, or the governor of the Commonwealth may request a material change to the definition of assault weapon or weapon as defined in section 121 of chapter 140, by filing a petition pursuant to Article XLVIII of the Constitution, which shall include the reasons for such request

Section 4. Section 128B of Chapter 140 of the general laws as appearing in the 2014 official edition is hereby amended by striking in lines 17 the following:-“by a fine of not less than $500 nor more than $1,000” and inserting in place thereof the following:-“by a fine of not less than $1000 nor more than $2,000 or imprisonment of no more than 6 months”

Section 5. Chapter 265 of the general laws is hereby amended in Section 18B, by adding the following at the end thereof:

, provided, however, that if such person  was not licensed pursuant to Chapter  140 of the general laws, or the firearm was purchased in violation of section 128B of Chapter 140 of the general laws, such penalty shall be increased in each instance by a term of  5 to 10 years

Section 6. This act shall be effective as of July 21, 2016.