HOUSE DOCKET, NO. 2808        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2359

The Commonwealth of Massachusetts

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PRESENTED BY:

David Paul Linsky and Tommy Vitolo

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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 to prohibit carrying firearms in sensitive places.

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PETITION OF:

HOUSE DOCKET, NO. 2808        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2359

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 to prohibit carrying firearms in sensitive places.

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 is herby amended by inserting paragraph (p) after the word “shotgun” in line 250 “(p)Criminal possession of a firearm, rifle or shotgun in a sensitive location.

1. Any person who knowingly possesses a firearm, rifle or shotgun in a sensitive location and who is not otherwise prohibited in subsection 3 of this section, shall be punished by not more than two and one-half years in the House of Correction or a fine of not more than $10,000 or both. It shall be a defense to an indictment or complaint made pursuant to this section that the defendant left the premises or removed the firearm from the premises promptly upon discovering or being informed that firearms were prohibited.

2. For the purposes of this section, a sensitive location shall mean: 

a. Any place owned or under the control of federal, state, county, municipal or local government, for the purpose of government administration, including courts;

b. Any location providing health, behavioral health, or chemical dependence care or services;

c. Any place of worship or religious observation;

d. Libraries, public playgrounds, public parks, and zoos;

e. The location of any program licensed to provide services to children, youth, or young adults;

f. Nursery schools, preschools and summer camps;

g. The location of any program licensed to provide services for people with developmental disabilities;

h. The location of any program that provides services for addiction;

i. The location of any program that provides services for mental health

j. Homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;

k. In or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools, charter schools, non-public schools, board of cooperative educational services, preschool special education programs, private residential or non-residential schools for the education of students with disabilities, and any state-operated or state-supported schools;

l. Any place, conveyance, or vehicle used for public transportation or public transit, subway cars, trains cars, buses, ferries, railroad, omnibus, marine or aviation transportation or any facility used for or in connection with service in the transportation of passengers, airports, train station, subway and rail stations, and bus terminals;

m. Any establishment issued a license for on-premise consumption of alcoholic  beverages where alcohol is consumed and any establishment licensed for on-premise consumption;

n. Any place used for performance, art, entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities as licensed by the gaming commission;

o. Any location being used as an active polling place

p. Any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise has such access restricted by a government entity, provided such location is identified as such by clear and conspicuous signage;

q. Shopping malls or any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated, or which includes shared parking facilities

3. This section shall not apply to:

a. Consistent with federal law, law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C;

b. Persons who are police officers and are on duty

c. Security guards while at the location of their employment and during their work hours as such a security guard;

d. Active-duty military personnel;

e. A government employee under the express written consent of such employee’s supervising government entity for the purposes of natural resource protection and management;

f. Securely transporting a firearm, rifle or shotgun within a sensitive location for the purpose of lawful transportation

g. Persons operating a program in a sensitive location, as defined by this section, which is licensed, certified, authorized or funded by state municipality, so long as possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms, rifle or shotgun.