HOUSE DOCKET, NO. 3751        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3843

The Commonwealth of Massachusetts

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PRESENTED BY:

Marjorie C. Decker

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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 ghost guns.

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PETITION OF:

HOUSE DOCKET, NO. 3751        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3843

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to ghost guns.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 269 of the General Laws is hereby amended by inserting after section 11E the following section:-

Section 11F. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:

"Assembly" means the fitting together of the component parts of a firearm to construct a firearm; but shall not apply to restoration of antique firearms, nor the replacement of existing parts of a completed firearm.

“Department” means the department of criminal justice information services.

"Firearm" means a firearm as defined in section 121 of chapter 140, and shall include any sawed-off shotgun, machine gun, rifle or shotgun as defined therein, whether loaded or unloaded from which a shot may be discharged, and any unfinished frame or lower receiver as herein defined.

"Frame or lower receiver" means the part of a firearm that provides the action or housing for the hammer, bolt or breechblock and firing mechanism, and includes a frame or lower receiver blank, casting or machined body that requires further machining or molding to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm.

“Licensing authority” shall have the same definition as provided in section 121 of chapter 140.

"Manufacture" means to newly fabricate or construct a firearm.

"Person" means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality, but shall not include a licensed firearm manufacturer or dealer.

"Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.

(b)  No person shall complete the manufacture or assembly of a firearm without: (1) obtaining a unique serial number or other mark of identification from the department of criminal justice information services pursuant to subsection (i); and (2) engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. section 923(i), as amended from time to time, and any regulation adopted thereunder.

(c)  No person shall complete the manufacture or assembly of any firearm from polymer plastic, unless such plastic is embedded with at least 3.7 ounces of material type 17-4 PH stainless steel and such firearm is engraved or otherwise marked with a unique serial number or other mark of identification obtained by said person from the department pursuant to subsection (i).

(d)  Not later than 30 days after a person completes manufacturing or assembling a firearm pursuant to this section, such person shall notify the department and provide any identifying information to said department concerning the firearm and the owner of such firearm, in a manner provided by the commissioner of criminal justice information services .

(e)  No person shall transfer to another person any firearm manufactured or assembled in accordance with this section, except as provided in clause (2) of subsection (f).

(f)  This section shall not apply to: (1) manufacture or assembly of firearms by a federally licensed firearm manufacturer; or (2) delivery or transfer of a firearm to a law enforcement agency.  Any firearm delivered or transferred to a law enforcement agency pursuant to this subsection shall be destroyed by the law enforcement agency. 

(g)  No person shall knowingly facilitate, aid or abet the manufacture or assembly of a firearm pursuant to this section by a person or for a person who is otherwise prohibited by law from owning or possessing a firearm.

(h) Any person who violates any provision of this section shall be guilty of a felony and punished by not less than 2 years imprisonment in the state prison, and a fine of not less than $5,000, unless the court states on the record its reasons for remitting or reducing such fine;  and any firearm found in the possession of any such person in violation shall be forfeited. 

(i) The department of criminal justice information services shall develop and maintain a system to distribute a unique serial number or other mark of identification to any individual requesting such serial number or mark pursuant to this section, in accordance with applicable federal law and regulations. Upon an application made by a person for a serial number or mark for a firearm pursuant to this section, which shall include any information required by the department, the department shall confirm with the appropriate licensing authority that the applicant is authorized to possess such firearm and possesses a valid license or firearm identification card as required under chapter 140.  Upon issuance of a serial number or mark, the department shall maintain identifying information of the person requesting the number or mark and of the firearm for which each such number or mark is requested.

(j) The department of criminal justice information services shall promulgate regulations to carry out this section.