HOUSE DOCKET, NO. 1603        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3609

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel Cullinane

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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 imitation firearms.

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PETITION OF:

HOUSE DOCKET, NO. 1603        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3609

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to imitation 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. Section 121 of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the figure “131Q”, , and inserting in place thereof the following figure:— 131R.

SECTION 2. Said section 121 of said chapter 140, as so appearing is hereby amended by striking out the definition of “Imitation firearm”, , and inserting in place thereof the following definition:-

“Imitation firearm,” any air rifle, or air hand gun, or pellet gun, or bb-gun, or any device or object made of plastic, wood, metal, or any material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, or hand gun, unless such air rifle, or air hand gun, or pellet gun, or bb-gun, or device or object is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel and runs the length of the handle on each side and the underside of the handle. “Imitation firearm” does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured, and produced prior to 1898 or that is for permanent display or temporary exhibit in a Massachusetts Museum provided that said firearms are rendered inoperable.             

SECTION 3. Said chapter 140 is hereby amended by inserting after section 131Q, as so appearing, the following section:-

Section 131R. (a) No person shall import, manufacture, sell, hold for sale or distribute within the state any imitation firearm unless such device is imported, manufactured, sold, held for sale and distributed: (i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production or for permanent display or temporary exhibit in a Massachusetts Museum.

(b) A violation of subsection (a) shall constitute an unfair or deceptive trade act or practice under section 2 of chapter 93A.  Whenever the attorney general shall believe from evidence satisfactory to the attorney general that any person, firm, corporation, or association, or agent, or employee thereof has violated subsection (a), the attorney general may bring an action or special proceeding in the superior court for a judgement enjoining the continuance of such violation and for a civil penalty of not more than $5,000 for each imitation firearm that is imported, manufactured, sold, held for sale or distributed in violation of subsection (a). If it shall appear to the satisfaction of the court or justice that the defendant has violated any provision of this section, no proof shall be required that any person has been injured thereby, nor that the defendant knowingly or intentionally violated such provision. In connection with any such proposed application, the attorney general is authorized to take proof, issue subpoenas, and administer oaths.

(c) A law enforcement officer may confiscate any imitation firearm from a person in possession thereof unless the person is possessing the imitation firearm:(i) solely for subsequent transportation in interstate commerce; or (ii) solely for lawful use in a theatrical production, including a motion picture, television or stage production or for permanent display or temporary exhibit in a Massachusetts Museum.

SECTION 4. Any imitation firearm, as defined in section 121 of chapter 140 of the General Laws, legally purchased prior to the effective date of this act may only be used: (1) on private property, including at existing paintball and air soft recreational facilities, provided that the private property is not in public view or in view from a public way, or (2) for a purpose specifically authorized pursuant to clauses (i) to (iii) of subsection (a) of section 131R of said chapter.

SECTION 5. Licensed recreational paintball and air-soft ranges or facilities existing as of the effective date of this act shall be allowed to rent, for on-site use only,  any rental air guns and or paintball guns owned by the business as of the effective date of this act, even if such guns are considered imitation firearms as that term is defined in section 121 of chapter 140 of the General Laws.