Bill S.1451

SENATE DOCKET, NO. 1567 FILED ON: 1/18/2019

SENATE . . . . . . . . . . . . . . No. 1451

By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1451) of Patrick M. O'Connor, David Allen Robertson and Donald F. Humason, Jr. for legislation to prevent the illegal possession and illegal sale of firearms. Public Safety and Homeland Security.

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 to prevent the illegal possession and illegal sale of 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 10 of Chapter 269 is hereby amended by striking out the first paragraph of subsection (a)(6) and inserting the following paragraph:-

“(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than four years nor more than ten years, or for not less than 3 nor more than five years in a jail or house of correction. No person convicted under this subsection shall be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served three years of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.”

SECTION 2. Section 10 of chapter 269 is hereby further amended by striking out, in line 96, the clause “shall be punished in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a)” and inserting in place thereof the following:-

“shall be punished by a imprisonment in the state prison for life, or for any term of years, but in no event less than the mandatory minimum term of imprisonment in the state prison for not less than 5 years and up to any term of years. The sentence imposed on such person shall not be reduced to less than 5 years, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 5 years of such a sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.”

SECTION 3. Said section 10 is hereby further amended by striking out paragraph (d) in its entirety, as appearing in the 2010 Official Edition, and inserting in place thereof the following paragraph:-

“(d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b), (c), (h) or (m) of section 10, or sections 131M or 131N of chapter 140 commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than 10 years and up to any term of years; for a third such offense, by imprisonment in the state prison for not less than 20 years and up to any term of years; and for a fourth such offense, by imprisonment in the state prison for life. The sentence imposed upon a person, who after a conviction of an offense under paragraph (a), (b), (c), (h) or (m) of section 10, or sections 131M or 131N of chapter 140 commits the same or a like offense, shall not be suspended, nor shall any person so sentenced be eligible for probation or receive any deduction from his sentence for good conduct.”

SECTION 4. Said section 10 is hereby further amended by striking out paragraph (h)(1) in its entirety, as appearing in the 2010 Official Edition, and inserting in place thereof the following paragraph:-

“(h)(1) Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129c of chapter 140 shall be punished by imprisonment in the state prison or jail or house of correction for not more than 5 years. In addition, a fine of not more $1000 may be imposed. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in the state prison or jail or house of correction for not less than 7 years and not more than 10 years. The sentence imposed on such person shall not be continued without a finding or placed on file. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph.”

SECTION 5. Section 10G of chapter 269 is hereby amended by striking paragraphs (a), (b), and (c) and inserting the following paragraphs:-

“(a) Whoever, having been previously convicted of a violent crime or of a serious drug offense, both as defined herein, violates the provisions of paragraph (a), (c), (h) or (m) of section 10, or sections 131M or 131N of chapter 140, shall be punished by imprisonment in the state prison for not less than five years nor more than 15 years.

(b) Whoever, having been previously convicted of two violent crimes, or two serious drug offenses or one violent crime and one serious drug offense, arising from separate incidences, violates the provisions of paragraph (a), (c), (h) or (m) of section 10, or sections 131M or 131N of chapter 140, shall be punished by imprisonment in the state prison for not less than 12 years nor more than 20 years.

(c) Whoever, having been previously convicted of three violent crimes or three serious drug offenses, or any combination thereof totaling three, arising from separate incidences, violates the provisions of paragraph (a), (c), (h) or (m) of section 10, or sections 131M or 131N of chapter 140, shall be punished by imprisonment in the state prison for life.”

SECTION 6. Section 128B of Chapter 140 is hereby amended by striking the last sentence and inserting the following sentence:-

“Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $1000 nor more than $2000 and for any subsequent offense by imprisonment in a state prison for not less than three years nor more than ten years.”

SECTION 7. Section 131M of Chapter 140 is hereby amended by striking out the last sentence of the first paragraph and inserting the following sentence:-

“Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $2,000 nor more than $12,000 or by imprisonment for not less than two years nor more than ten years, or by both such fine and imprisonment, and for a second offense, by imprisonment for not less than seven years nor more than 20 years.”

SECTION 8. Section 10 of chapter 269 is hereby further amended by striking subsection (j) in its entirety and replacing it with the following:-

(j) For the purposes of this paragraph, ''firearm'' shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.

Whoever, not being a law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded, or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of the elementary or secondary school, college or university shall be punished by a fine of not more than $5,000 or by imprisonment for no less than one and one half years nor more than 15 years or by both such fine and imprisonment. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.

Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university that fails to report a violation of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than $2000.

Name:	District/Address:
Patrick M. O'Connor	Plymouth and Norfolk
David Allen Robertson	19th Middlesex	1/24/2019
Donald F. Humason, Jr.	Second Hampden and Hampshire	2/1/2019