Bill S.2649

FILED ON: 2/5/2020

SENATE . . . . . . . . . . . . . . No. 2649

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 3D printed weapons and 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:

SECTION 1. Section 121 of Chapter 140 of General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “cartridges” in line 7 the following words:-

“Assembly”, the fitting together of the component parts of firearms to construct a firearm.

SECTION 2. Said section 121 of said chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “detectors” in line 54, the following words:-

A firearm shall include any receiver or firearm frame that is either substantially near completion or is designed and intended to be used to enable a person to assemble a functioning firearm, shotgun, or rifle.

SECTION 3. Said section 121 of said chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “gun” in line 100, the following words:-

“Manufacture”, to newly fabricate or construct a firearm.

SECTION 4. Said section 121 of said chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “trigger” in line 107, the following words;-

“Unfinished receiver or firearm frame”, a piece of any material that does not constitute the frame or receiver of a firearm, rifle or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle or shotgun. The term shall not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.

SECTION 5. Chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after Section 122D the following section-

Section 122E. (a) No individual shall complete the manufacture or assembly of a weapon without: (1) obtaining a unique serial number or other mark of identification from the bureau of alcohol, tobacco, firearms and explosives; and (2) registering said serial number with the commissioner of the department of criminal justice information services pursuant to Section 123 of Chapter 140; and (3) 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 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.

(b) No person shall use a three-dimensional printer to manufacture any firearm, or any part or component that is intended to be used to assemble or manufacture a functioning firearm, unless such person possesses a federal license to manufacture firearms and operates in compliance pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.

(c) No individual shall complete the manufacture or assembly of any firearm from polymer plastic, unless such plastic is embedded with three point seven 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.

(d) Not later than seven days after an individual completes manufacturing or assembling a firearm pursuant to this section, such individual shall notify the commissioner of the department of criminal justice information services and provide any identifying information concerning the firearm and the owner of such firearm pursuant to Section 128B of Chapter 140. Firearms manufactured or assembled before the effective date of this statute shall comply with the provisions of this section within six months of the effective date.

(e) The provisions of 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

(f) No individual shall knowingly, facilitate, aid or abet the manufacture or assembly of a firearm pursuant by an individual or for an individual who is otherwise prohibited by law from owning or possessing a firearm.

(g) Any person who violates any provision of this section shall be punished by imprisonment in the state prison by a term of not more than ten years for each offense, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine.

SECTION 6. (a) The Secretary of public safety and security shall establish a task force regarding the addition of live-fire training as part of the qualifications for a license to carry or a firearms identification card. The task force shall consist of the Secretary or his designee, who will serve as chair, the colonel of the state police or his designee, the attorney general or his designee, one representative of the Massachusetts chiefs of police association, one representative of gun owners action league, one representative of the coalition to prevent gun violence, and three members appointed by the Governor, two of whom are a licensed firearms instructor, and one of whom represents a recognized sportsman’s association.

(b) The task force shall make recommendations for the implementation of live-fire training to Massachusetts firearms education requirements. The task force shall examine questions including, but not limited to (i) the cost of such training to the applicant and the commonwealth; (ii) the availability of necessary resources, including the capacity of ranges and instructors; (iii) which types of firearms should be included in live fire training; (iv) continuing education for licensed firearm instructors (v) requiring insurance for firearm instructors.

(c) The members shall be named and the task force shall commence its work within 60 days of the effective date of this act. The task force shall report to the general court the results of its study by filing the same with the clerks of the senate and the house of representatives, and the house and senate chairs of the joint committee on public safety and homeland security not more than 365 days after the effective date of this act.