HOUSE DOCKET, NO. 357        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2363

The Commonwealth of Massachusetts

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PRESENTED BY:

David Paul Linsky

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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 close the large capacity magazine loophole.

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PETITION OF:

HOUSE DOCKET, NO. 357        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2363

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2489 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 to close the large capacity magazine loophole.

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 131M of Chapter 140 of the General Laws, is hereby amended by inserting after the second paragraph the following paragraphs:-

Any person who lawfully possesses a large capacity feeding device, pursuant to this section, prior to January 1, 2024, shall apply by January 1, 2024, or if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by January 1, 2024, because such member is or was on official duty outside of this state, shall apply within 90 days of returning to the state, to the executive offices of public safety and security to declare possession of such large capacity feeding device. Such application shall be made on such form or in such manner as the executive offices of public safety and security prescribes.

A large capacity feeding device may be possessed, purchased, or imported by the following for official duty purposes: (1) police departments, the department of corrections, the department of criminal justice information services, the department of energy and environmental protection, or the military or naval forces of this state or of the United States; and (2) any person, firm, or corporation engaged in the business of manufacturing large capacity feeding devices in this state that manufactures, purchases, tests, or transports large capacity feeding devices in this state for sale within this state to persons specified in subdivision (1), or for sale outside this state. No persons as outlined above who lawfully possesses a large capacity feeding device for official duties shall be required to declare possession of a large capacity feeding device as pursuant to this section, except that any such person who retires or is otherwise separated from service who possesses a large capacity feeding device that was purchased or obtained by such person for official use before such person retired or separated from service shall declare possession of the large capacity feeding device within 90 days of such retirement or separation from service to the executive office of public safety and security.

A large capacity feeding device may be possessed by: (1) a licensed gun dealer; and (2) a gunsmith who is in a licensed gun dealers’ employ, who possesses such large capacity feeding device for the purpose of servicing or repairing a lawfully possessed large capacity feeding device; any person who has declared possession of the large capacity feeding device pursuant to this section.

The executive office of public safety and security may adopt regulations to establish procedures with respect to applications under this section. The name and address of a person who has declared possession of a large capacity feeding device shall  be confidential and shall not be disclosed, except such records may be disclosed to: (1) law enforcement agencies and employees of the United States probation office acting in the performance of their duties and parole officers within the department of corrections acting in the performance of their duties; and (2) the department of mental health.

Any person who moves into the state, except for a member of the military or naval forces of this state or of the United States, in lawful possession of a large capacity feeding device shall, within 90 days, apply to the executive office of public safety and security to declare possession of such large capacity feeding device.

If an owner of a large capacity feeding device transfers the large capacity feeding device to a licensed gun dealer, such dealer shall, at the time of delivery of the large capacity feeding device, executive a certificate of transfer, and mail or deliver the certificate to the executive office of public safety and security. The certificate of transfer shall include: (1) the date of sale or transfer; (2) the name and address of the seller or transferor and the licensed gun dealer, and their social security numbers or motor vehicle operator license numbers; (3) the licensed gun dealer’s federal firearms license number; and (4) a description of the large capacity feeding device. The executive office of public safety and security shall maintain a file of all certificates of transfer.

Any person who declared possession of a large capacity feeding device under this section may possess the large capacity feeding device only under the following conditions: (1) at that person’s residence; (2) while on the premises of a target range of a public or private club or organizations organized for the purpose of practicing shooting at targets; (3) while on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range; (4) while on the premises of a licensed shooting club; and (5) while transporting the large capacity feeding device between any of the places set forth in this paragraph, or to any licensed gun dealer, provided that such large capacity feeding device contains not more than 10 bullets.

A violation of the terms of any provision of this section shall constitute a violation of the sale, transfer, or possession requirements of the first paragraph of this section.