HOUSE DOCKET, NO. 3426        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2369

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 raise the age for possession of a firearm.

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PETITION OF:

HOUSE DOCKET, NO. 3426        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2369

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 raise the age for possession of a firearm.

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 129B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out subsections (iv) and (v) of paragraph 1 and inserting in place thereof the following subsection:-

(iv) is at the time of the application younger than 18 years of age; provided, however, that  in accordance with Section 131E, a firearm identification card issued to a person under  21 years of age shall only authorize the person to purchase a rifle or shotgun that is  manually operated by bolt, pump, lever or slide action, unless the person is a member of  the National Guard, armed forces of the United States, or a peace officer.

SECTION 2. Section 130 of Chapter 140 of the General Laws, as so appearing, is hereby amended as follows:

Whoever sells or furnishes a rifle, shotgun or ammunition to any alien 21 years of age or older who does not hold a permit card issued to that alien pursuant to section 131H or, except as provided in this section, section 130 ½, or section 131E, whoever sells or furnishes any alien or any person under 21 years of age a rifle, shotgun, machine gun or ammunition, or whoever sells or furnishes to any person under 21 years of age a firearm or large capacity rifle or shotgun or ammunition therefor shall have the license to sell firearms, rifles, shotguns, machine guns or ammunition revoked and shall not be entitled to apply for such license for 10 years from the date of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than 10 years or by imprisonment in a house of correction for not more than 2½ years or by both such fine and imprisonment.

SECTION 3. Section 131E of Chapter 140 of the General Laws, as so appearing, is hereby amended as follows:

Any resident of the commonwealth may purchase firearms, rifles, shotguns and ammunition feeding devices from any dealer licensed under section 122, or from such person as shall be qualified under section 128A, or ammunition from a licensee under section 122B, subject to the following conditions and restrictions:

(a) rifles, shotguns and feeding devices therefor may be so purchased only upon presentment of: 

(i) a valid firearm identification card issued under section 129B; or (ii) a valid Class A or Class B license to carry firearms issued under section 131; or (iii) valid proof of exempt status under section 129C; provided, however, that large capacity rifles and shotguns and large capacity feeding devices therefor may be so purchased only upon presentment of a Class A or Class B license to carry firearms issued under said section 131; and provided further, that no rifle or shotgun or ammunition or ammunition feeding device therefor shall be sold to any person less than 18 21 years of age, except as provided in subdivision (c) of this section; and provided further, that no large capacity rifle or shotgun or large capacity feeding device therefor shall be sold to any person less than 21 years of age;

(b) firearms and feeding devices therefor may be so purchased only upon presentment of: 

(i) a valid Class A or Class B license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid permit to purchase a firearm issued under section 131A; or (iii) a valid permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; provided, however, that large capacity firearms and large capacity feeding devices therefor may be so purchased only upon presentment of: (i) a valid Class A license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid and proper permit to purchase a firearm issued under section 131A; or (iii) a valid and proper permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; and provided further, that neither a firearm identification card issued under section 129B, nor proof of exempt status under section 129C, shall be valid for the purpose of purchasing any firearm or ammunition feeding device therefor without being presented together with a valid and proper permit to purchase issued under section 131A; and provided further, that an alien permit to possess a rifle or shotgun shall not be valid for the purpose of purchasing firearms or ammunition or ammunition feeding devices therefor; and provided further, that no firearm or ammunition or ammunition feeding device therefor shall be sold to any person less than 21 years of age.

(c) The prohibition in subdivision (a) on selling a rifle or shotgun or ammunition or ammunition feeding device therefor to a person less than 21 years of age shall not apply if:

(i) The purchaser is a member of the National Guard, armed forces of the United States, or a police officer or peace officer; or

(ii) The purchaser is at least 18 years of age and is purchasing a rifle or shotgun that is manually operated by bolt, pump, lever or slide action, or is purchasing ammunition or an ammunition feeding device for use in such a rifle or shotgun.

Any person who uses said license to carry firearms or firearm identification card for the purpose of purchasing a firearm, rifle or shotgun for the unlawful use of another, or for resale to or giving to an unlicensed person, shall be punished by a fine of not less than one thousand nor more than fifty thousand dollars, or by imprisonment for not less than two and one–half years nor more than ten years in a state prison, or by both such fine and imprisonment. A conviction of a violation of this section shall be reported forthwith by the court to the licensing authority which issued the license or firearm identification card, which shall immediately revoke the license or firearm identification card of such person. No new license or firearm identification card under section one hundred and twenty–nine B or section one hundred and thirty–one shall be issued to any such person within two years after the date of said revocation.