HOUSE DOCKET, NO. 491        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2305

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 firearms in certain public buildings.

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PETITION OF:

HOUSE DOCKET, NO. 491        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2305

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2505 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to firearms in certain public buildings.

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

Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:

(p) 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 an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded in any building or on the grounds of the state house shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.

(q) 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 an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded on the grounds of or in any portion of a building that is designated a polling place or a place to be used for the counting ballots shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.

Said chapter, as so appearing, is hereby further amended by inserting after section 12F the following section:-

Section 12G. Firearms—Carrying Firearms at Demonstrations

(1) For the purposes of this section, the following words shall have the following meanings.--

"Demonstration", one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.

"Firearm", any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.

''Public building'', a building, including its grounds or curtilage, owned by the commonwealth or any political subdivision thereof, or a portion of a building, including its grounds and curtilage or other public grounds where employees of a state agency or department of the commonwealth are regularly present for the purpose of performing their official duties.

(2) Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, knowingly carries on the person a firearm, loaded or unloaded at a demonstration in a public building shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.