Bill HD.4607

HOUSE DOCKET, NO. 4607 FILED ON: 10/4/2023

HOUSE . . . . . . . . . . . . . . . No.

By Representative Day of Stoneham, a petition (subject to Joint Rule 12) of Michael S. Day for legislation to further regulate firearms. The Judiciary.

The Commonwealth of Massachusetts

_______________

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

_______________

An Act modernizing firearm laws.

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 7 of chapter 4 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subclause (j) of the twenty-sixth clause and inserting in place thereof the following subclause:-

(j) the names and addresses of any persons contained in, or referred to in, any applications for any licenses to carry or possess firearms issued pursuant to chapter 140 or any long gun permits issued pursuant to said chapter 140 and the names and addresses on sales or transfers of any firearms or ammunition therefor, as defined in said chapter 140 and the names and addresses on said licenses or permits;

SECTION 2. Section 172M of said chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “122” and inserting in place thereof the following figure:- 125.

SECTION 3. Said section 172M of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 6 to 7, inclusive, the words:- “and unmonitored contact with firearms, shotguns or rifles” and inserting in place thereof the following words:- contact with firearms, as defined in section 121 of said chapter 140.

SECTION 4. Section 5J of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 to 11, inclusive, the words “dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of said” and inserting in place thereof the following words:- persons licensed pursuant to section 125 of.

SECTION 5. Section 2LLL of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “fee assessed under sections 122, 122B, 129B, 131, 131A, 131F, and 131H” and inserting in place thereof the following words:- fees assessed under section 123B for firearms licenses and permits issued under sections 124 to 125B, inclusive.

SECTION 6. Section 22F of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the number “131N” and inserting in place thereof the number:- 131H.

SECTION 7. Section 10B of chapter 66 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 to 8, inclusive, the words “, rifles, shotguns, machine guns”.

SECTION 8. Said section 10B of said chapter 66, as so appearing, is hereby further amended by striking out, in line 14, the word “request.” and inserting in place thereof the following words:- request; provided, however, that nothing in this section shall prohibit the transmission of data and other information to the department of criminal justice information services and its use therefor pursuant to section 122B of chapter 140.

SECTION 9. Section 26 of said chapter 90B of the General Laws, as so appearing, is hereby amended by striking out, in line 66, the words “rifle or shotgun” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 10. Said section 26 of said chapter 90B, as so appearing, is hereby further amended by striking out, in lines 68 to 69, inclusive, the words “such firearm, rifle or shotgun is unloaded and in an enclosed case” and inserting in place thereof the following words:- such person possesses the required license or permit issued under sections 124 to 124B, inclusive, of chapter 140 and carries such firearm in compliance with section 126B of said chapter 140. Any violation of this subsection shall be penalized in accordance with said section 126B.

SECTION 11. Section 244 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the words “131R to 131Y” and inserting in place thereof the following words:- 131 to 131H.

SECTION 12. Section 35 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in lines 114 to 115, inclusive, the words “firearm identification card pursuant to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F” and inserting in place thereof the following words:- firearms license or permit pursuant to sections 124 to 125B, inclusive,.

SECTION 13. Said section 35 of said chapter 123, as so appearing, is hereby further amended by striking out, in line 122, the words “rifle or shotgun” and inserting in place thereof the following words:- as defined in section 121 of chapter 140.

SECTION 14. Section 36C of said chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 to 9, inclusive, the words “firearm identification card pursuant to section 129B of chapter 140 or a license to carry pursuant to sections 131 and 131F” and inserting in place thereof the following words:- firearms license or permit pursuant to sections 124 to 125B, inclusive,.

SECTION 15. Section 11 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 35 to 36, inclusive, the words “one hundred and thirty-one H of chapter one hundred and forty” and inserting in place thereof the following words:- 124B of chapter 140.

SECTION 16. Chapter 131 of the General Laws, as so appearing, is hereby amended by striking out section 62 and inserting in place thereof the following section:-

A person, with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressant or stimulant substances, all as defined in section 1 of chapter 94C, or who intentionally smells or inhales the fumes of any substance having the property of releasing toxic vapors in violation of section 18 of chapter 270, shall not hunt or carry a firearm, bow and arrow or other weapon while engaged in hunting or target shooting. A violation of this section shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than 2 ½ years, or by both such fine and imprisonment.

SECTION 17. Section 90 of said chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “, 62”.

SECTION 18. Section 121 of chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby further amended by striking out, in line 1, the figure “131Y” and inserting in place thereof the following figure:- 131H.

SECTION 19. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 4 to 7, inclusive, the definition of “ammunition” and inserting in place thereof the following 3 definitions:-

“Additive manufacturing”, a process in which material is added to produce a product, including, but not limited to 3-dimensional printing.

“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm. The term ‘’ammunition’’ shall also mean tear gas cartridges.

“Antique firearm”, any firearm or replica thereof manufactured in or prior to the year 1899 if such firearm: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. This includes any muzzle loading rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition, unless the firearm: (i) incorporates a firearm frame or receiver; (ii) is converted into a muzzle loading weapon; or (iii) is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

SECTION 20. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 8 to 36, inclusive, the definition of “assault weapon” and inserting in place thereof the following 5 definitions:-

“Assault-style firearm”, any firearm which is:

(a) A semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes any of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or pistol grip; (iii) a forward grip or second handgrip or protruding grip that can be held by the non-trigger hand; (iv) a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature; or (v) a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the barrel.

(b) A semiautomatic pistol with the capacity to accept a detachable feeding device and includes any of the following features: (i) the capacity to accept a feeding device that attaches to the pistol outside of the pistol grip; (ii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iii) a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer; (iv) a shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, excluding a slide that encloses the barrel.

(c) A semiautomatic shotgun with the capacity to accept a detachable feeding device and includes any of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or pistol grip; or (iii) a protruding grip for the non-trigger hand.

(d) Any firearm listed on the assault-style firearm roster pursuant to section 128A.

(e) All of the following rifles:

(i) All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10 and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM, Norinco 56S, 56S2, 84S and 86S, Poly Technologies AK47 and AKS and SKS with a detachable feeding device;

(ii) All AR types, including the following: AR-10, AR-15, Alexander Arms Overmatch Plus 16, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Black Rain Ordnance Recon Scout, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE series, Bushmaster XM15, Chiappa Firearms MFour rifles, Colt Match Target rifles, CORE Rifle Systems CORE15 rifles, Daniel Defense M4A1 rifles, Devil Dog Arms 15 Series rifles, Diamondback DB15 rifles, DoubleStar AR rifles, DPMS Tactical rifles, DSA Inc. ZM-4 Carbine, Heckler & Koch MR556, High Standard HSA-15 rifles, Jesse James Nomad AR-15 rifles, Knight’s Armament SR-15, Lancer L15 rifles, MGI Hydra Series rifles, Mossberg MMR Tactical rifles, Noreen Firearms BN 36 rifle, Olympic Arms, POF USA P415, Precision Firearms AR rifles, Remington R-15 rifles, Rhino Arms AR rifles, Rock River Arms LAR-15, Sig Sauer SIG516, M400 and SIG716 rifles, Smith & Wesson M&P15 rifles, Stag Arms AR rifles, Sturm, Ruger & Co. SR556 and AR-556 rifles, Uselton Arms Air-Lite M-4 rifles, Windham Weaponry AR rifles, WMD Guns Big Beast, Yankee Hill Machine Company, Inc. YHM-15 rifles;

(iii) Barrett M107A1 and M82A1;

(iv) Beretta CX4 Storm;

(v) Calico Liberty Series;

(vi) CETME Sporter;

(vii) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C;

(viii) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR and FS2000;

(ix) Feather Industries AT-9;

(x) Galil Model AR and Model ARM;

(xi) Hi-Point Carbine;

(xii) HK-91, HK-93, HK-94, HK-PSG-1 and HK USC;

(xiii) IWI TAVOR and Galil ACE rifle;

(xiv) Kel-Tec Sub 2000, SU-16, RDB and RFB;

(xv) SIG AMT, SIG PE-57, SIG556, Sig Sauer SG 550, Sig Sauer SG 551 and SIG MCX;

(xvi) Springfield Armory SAR-48;

(xvii) Steyr AUG;

(xviii) Sturm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF;

(xix) All Thompson rifles, including the following: M1SB, T1100D, T150D, T1B, T1B100D, T1B50D, T1BSB, T1-C, T1D, T1SB, T5, T5100D, TM1, TM1C;

(xx) UMAREX UZI rifle;

(xxi) UZI Mini Carbine, UZI Model A Carbine and UZI Model B Carbine;

(xxii) Valmet M62S, M71S and M78;

(xxiii) Vector Arms UZI Type;

(xxiv) Weaver Arms Nighthawk; and

(xxv) Wilkinson Arms Linda Carbine.

(f) All of the following pistols:

(i) All AK types, including the following: Centurion 39 AK pistol, Draco AK-47 pistol, HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol, PAP M92 pistol and Yugo Krebs Krink pistol;

(ii) All AR types, including the following: American Spirit AR-15 pistol, Bushmaster Carbon 15 pistol, Chiappa Firearms M4 Pistol GEN II, CORE Rifle Systems CORE15 Roscoe pistol, Daniel Defense MK18 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol, Jesse James Nomad AR-15 pistol, Olympic Arms AR-15 pistol, Osprey Armament MK-18 pistol, POF USA AR pistols, Rock River Arms LAR 15 pistol and Uselton Arms Air-Lite M-4 pistol;

(iii) Calico pistols;

(iv) CZ Scorpion and CZ BREN

(v) DSA SA58 PKP FAL pistol;

(vi) Encom MP-9 and MP-45;

(vii) Heckler & Koch model SP-89 pistol;

(viii) Intratec AB-10, TEC-22 Scorpion, TEC-9 and TEC-DC9;

(ix) IWI Galil Ace pistol, UZI PRO pistol

(x) Kel-Tec PLR 16 pistol;

(xi) All MAC types, including the following: MAC-10, MAC-11, Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol and MPA Mini Tactical Pistol, Military Armament Corp. Ingram M-11 and Velocity Arms VMAC;

(xii) Sig Sauer P556 pistol;

(xiii) Sites Spectre;

(xiv) All Thompson types, including the following: TA510D and TA5;

(xv) All UZI types, including Micro-UZI.

(g) All of the following shotguns:

(i) DERYA Anakon MC-1980, Anakon SD12;

(ii) Doruk Lethal shotguns;

(iii) Franchi LAW-12 and SPAS 12;

(iv) All IZHMASH Saiga 12 types, including the following: Saiga 12, Saiga 12S, Saiga 12S EXP-01, Saiga 12K, Saiga 12K-030, Saiga 12K-040 Taktika;

(v) Street Sweeper; and

(vi) Striker 12.

(h) Any shotgun with a revolving cylinder.

(i) All belt-fed semiautomatic firearms, including TNW M2HB and FN M249S.

(j) a copy or duplicate of any firearm meeting the standards of or enumerated in clauses (d) to (i), inclusive; provided, that for the purposes of this subsection, “copy or duplicate” shall mean a firearm (A) that was manufactured or subsequently configured with an ability to accept a detachable magazine, and: (B)(i) its internal functional components are substantially similar in construction and configuration to those of an enumerated weapon in clauses (d) to (i), inclusive); or (ii) it has a receiver that is the same as or interchangeable with the receiver of an enumerated weapon in said clauses.

(k) The term shall not include: (i) any firearm that is operated by manual bolt, pump, lever or slide action; (ii) any firearm that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault-style firearm; (iii) any firearm that is an antique or relic, theatrical prop or other firearm that is not capable of firing a projectile and which is not intended for use as a functional firearm and cannot be readily modified through a combination of available parts into an assault-style firearm; or (iv) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable feeding device.

“Assemble”, to fit together a firearm’s component parts, provided, however, this definition shall not include firearm reassembly, repair or the fitting of special barrels, stocks or trigger mechanisms to firearms.

“Automatic conversion”, any modification made to a firearm or any part capable of being attached to a firearm that allows for the automatic discharge of more than 1 shot with 1 continuous activation of the trigger.

“Automatic part”, any part capable of being attached to a firearm that allows for the automatic discharge of more than 1 shot with one continuous activation of the trigger.

“Bona fide collector of firearms”, an individual licensed pursuant to 18 U.S.C. section 923(b).

SECTION 21. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “bump stock”, in lines 37 to 40, inclusive, the following definition:-

“Common long gun”, a rifle or shotgun that is not a large capacity firearm and cannot produce semiautomatic or automatic fire.

SECTION 22. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 43, the words “131R to 131Y” and inserting in place thereof the following words:- 131 to 131H.

SECTION 23. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “court”, in lines 43 to 46, inclusive, the following 2 definitions:-

“Covert firearm”, a firearm placed in a camouflaging firearm container, or a firearm that is not a stun gun, that is capable of discharging a bullet or shot and is constructed in a shape that does not resemble a firearm or is not immediately recognizable as a firearm, including, but not limited to zip guns, concealed bolt guns, folding guns and any other weapon that resemble key-chains, pens, canes, wallets, flashlights, cigarette-lighters or cigarette-packages, flare guns, pellet guns and bb gun conversion kits.

“Curio or relic firearms”, firearms which are of special interest to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons.

SECTION 24. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 47 to 51, inclusive, the definition of “deceptive weapon device” and inserting in place thereof the following definition:-

“Deceptive firearm device”, any device that is intended to convey the presence of a firearm that is used in the commission of a violent crime, as defined in this section, and which presents an objective threat of immediate death or serious bodily harm to a person of reasonable and average sensibility.

SECTION 25. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 54 to 56, inclusive, the words "firearm identification card which the respondent may hold and ordering the respondent to surrender all firearms, rifles, shotguns, machine guns” and inserting in place thereof the following words:- long gun permit which the respondent may hold and ordering the respondent to surrender all firearms.

SECTION 26. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 67 to 83, inclusive, the definitions of “firearm”, “gunsmith” and “imitation firearm” and inserting in place thereof the following 5 definitions:-

“Feeding device”, any magazine, belt, strip, drum or similar device that holds ammunition for a firearm, whether fixed or detachable from a firearm.

“Firearm”, a weapon, including but not limited to a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm; provided, however, that the term firearm shall not include any antique firearm or permanently inoperable firearm.

“Frame”, the part of a pistol or revolver that provides housing or a structure for the component designed to hold back the hammer, striker, bolt, or similar primary energized component prior to initiation of the firing sequence, even if pins or other attachments are required to connect such component to the housing or structure. Any such part that is identified with an importer’s or manufacturer’s serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice or other reliable evidence to the contrary, to be the frame of the firearm.

"Gunsmith” any person who engages in the business of repairing, altering, cleaning, polishing, engraving, blueing or performing any mechanical operation on any firearm.

“Imitation firearm”, any firearm which is designed, manufactured or altered in such a way as to render it incapable of discharging a shot or bullet.

SECTION 27. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 84 to 93, inclusive, the definition of “large capacity feeding device” and inserting in place thereof the following definition:-

“Large capacity feeding device”, (i) a fixed or detachable magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or (ii) any part or combination of parts from which a device can be assembled if those parts are in the possession or control of the same person. The term shall not include: (i) any device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition or more than 5 shotgun shells; (ii) an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or (iii) a tubular magazine that is contained in a lever-action firearm or on a pump shotgun.

SECTION 28. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 94 to 113, inclusive, the definition of “large capacity weapon” and inserting in place thereof the following definition:-

“Large capacity firearm”, any firearm: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device when both are in the same person’s possession or under their control in a vehicle; (iii) that employs a rotating cylinder capable of accepting more than 10 rounds of ammunition or more than 5 shotgun shells; or (iv) that is an assault-style firearm. The term ''large capacity firearm'' shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, and shall not include: (i) any firearm that operates by manual bolt, pump, lever or slide action; (ii) any firearm that is a single-shot weapon; (iii) any firearm that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity firearm; or (iv) any firearm that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity firearm.

SECTION 29. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting, in line 119, after the word “them” the following words:- ; provided, however, that should no such chief or officer exist within a city or town, the colonel of the state police or their designee shall act as the city or town’s licensing authority.

SECTION 30. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 120 to 124, inclusive, the definition of “machine gun” and inserting in place thereof the following 4 definitions:-

“Machine gun”, a firearm, loaded or unloaded, which may automatically discharge more than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or modified by automatic conversion, including through the use of an automatic part; provided, that the term shall also include a submachine gun.

“Manufacture”, to fabricate, make, form, produce, or construct, by manual labor or by machinery, a firearm; provided, however, that the term shall not include firearm reassembly, firearm repair or the making or fitting of special barrels, stocks, or trigger mechanisms to firearms.

“Nonresident”, a person who is temporarily in Massachusetts but legally resides in another state or territory of the United States.

“Permanently embedded”, applied in such a way that cannot be easily or readily removed without destroying the part to which it is applied.

SECTION 31. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 125, to 126, inclusive, the definition of “petition” and inserting in place thereof the following definition:-

“Petition”, as used in sections 131 to 131H, inclusive, a request filed with the court by a petitioner for the issuance or renewal of an extreme risk protection order.

SECTION 32. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 127 to 129, inclusive, the definition of “petitioner” and inserting in place thereof the following 2 definitions:-

“Petitioner”, as used in sections 131 to 131H, inclusive: the (i) family or household member; (ii) law enforcement agency or officer, as defined in section 1 of chapter 6E; (iii) licensed physician, registered nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse specialist, certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed psychologist, licensed mental health counselor, licensed marriage and family therapist, licensed independent clinical social worker, or licensed certified social worker who has provided health care services to the respondent within the preceding 6 months; (iv) a principal or assistant principal of an elementary school or secondary school, or administrator of a college or university where the respondent is enrolled; or (v) employer of the respondent; that is filing the petition.

“Privately made firearm”, a firearm manufactured or assembled by an individual who is not a licensed manufacturer; provided, however, that the term does not include firearms manufactured or assembled by persons licensed under section 125 in the course of their business activities.

SECTION 33. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 134 to 135, inclusive, the definition of “respondent” and inserting in place thereof the following 2 definitions:-

“Receiver”, the part of a rifle or shotgun that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence, even if pins or other attachments are required to connect such component to the housing or structure. Any such part that is identified with an importer’s or manufacturer’s serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice or other reliable evidence to the contrary, to be the receiver of the weapon.

“Respondent”, as used in sections 131 to 131H, inclusive, the person identified as the respondent in a petition against whom an extreme risk protection order is sought.

SECTION 34. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 136, 139, 140 and 147, each time it appears, the word “weapon” and inserting in place thereof, in each instance, the following word:- firearm.

SECTION 35. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “sawed-off shotgun”, in lines 139 to 142, inclusive, the following 2 definition:-

“Secured in a locked container”, at a minimum the container must be capable of being unlocked only by means of a key, combination or similar means, including in an unoccupied motor vehicle, a locked trunk not accessible from the passenger compartment, a locked console or locked glovebox.

“Self-defense spray”, chemical mace, pepper spray or any device or instrument which contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.

SECTION 36. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “semiautomatic”, in lines 143 to 146, inclusive, the following 2 definitions:-

“Serial number”, an identifying number placed on a firearm by a federally licensed firearms manufacturer, importer, or dealer who is authorized by federal law to serialize firearms, or a serial number issued by the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice or the department of criminal justice information services.

“Serialization”, the process of conspicuously engraving, casting or otherwise permanently stamping a unique serial number on a firearm frame or receiver; provided, that the serial number must be placed in a manner not susceptible of being readily obliterated, altered or removed and must be engraved, cast or stamped to a minimum depth of .003 inches and in a print size no smaller than 1/16 inch; provided further, that serialization of firearms, frames and receivers made from non-metallic materials must be accomplished by using a metal plate permanently embedded in the material of the frame or receiver.

SECTION 37. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 161 to 165, inclusive the definition of “trigger crank” and inserting in place thereof the following 3 definitions:-

“Trigger modifier”, any modification that repeatedly activates the trigger of a firearm including, but not limited to, trigger cranks, binary triggers and hellfire triggers.

“Undetectable firearm”, a firearm that, after the removal of grips, stocks, and magazines, is not detectable by walk-through metal detectors calibrated and operated to detect the security exemplar defined in 18 U.S.C. Section 922(p)(2)(C), or a major component as defined in 18 U.S.C. Section 922(p)(2)(B) or a firearm that, when inspected by detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component.

“Untraceable firearm”, a firearm that has not been serialized or a firearm whose serial or other identification number has been removed, defaced, altered, obliterated or mutilated in any manner.

SECTION 38. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out lines 175 to 192.

SECTION 39. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 121A and inserting in place thereof the following 3 sections:-

Section 121A. (a) A licensing authority shall, within 40 days from the date of receipt of a completed application for any license or permit issued under sections 124 to 125B, inclusive, or renewal of the same, either approve the application and issue the license or permit or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no license or permit shall be issued unless the colonel of the state police has certified that the information available indicates that issuing the license or permit is not in violation of state or federal law.

(b) Upon receiving the application, the licensing authority shall provide the applicant with a receipt that includes: (i) the applicant’s name and address, current license or permit number and expiration date, if any; (ii) the date the licensing authority received the application; (iii) the name, address and telephone number of the licensing authority or its agent that received the application; (iv) the type of application; and (v) whether the application is for a new license or permit or renewal of the same.

(c) Within 7 days of receipt of the completed application the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of the state police; provided, however, that the taking of fingerprints shall not be required in issuing a renewal if the applicant’s fingerprints are on file with the department of the state police.

(d) The colonel of the state police shall, within 30 days of receipt of the application and fingerprints, advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified from possessing the license or permit requested. If the information available to the colonel does not indicate that issuing the license would be in violation of state or federal law, the colonel shall certify such fact to the licensing authority within said 30-day period. In searching for any disqualifying history of the applicant, the colonel shall: (i) utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System; and (ii) inquire of the commissioner of the department of mental health relative to whether the applicant is disqualified from receiving a license or permit.

(e) The licensing authority may also make inquiries concerning an applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition, prior license or permit information in the department of criminal justice information services portal, and records of purchases, sales, rentals, leases and transfers of firearms or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such an inquiry shall provide prompt and full cooperation with any investigation of the applicant.

(f) Whoever knowingly files an application for any firearms license or permit issued under sections 124 to 125B, inclusive, containing false information or knowingly issues any such license or permit in violation of this chapter shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 6 months nor more than 2 years in a house of correction, or by both such fine and imprisonment.

Section 121B. (a) The application for any firearms license or permit issued under sections 124 to 125B, inclusive, shall be made in a standard form provided by the commissioner of the department of criminal justice information services, which shall require the applicant, or parent or guardian of a minor, to affirmatively state, under the pains and penalties of perjury, that the applicant is not disqualified on any of the grounds enumerated in section 123 of this chapter from being issued such license or permit.

(b) A licensing authority shall record in books, forms or electronic files kept for that purpose on the premises, and on an electronic portal provided by the department of criminal justice information services, when produced or received, all: (i) firearms licensing applications, receipts, fees, affidavits, license location transfers and training certificates; (ii) issued licenses and permits, and denials, revocations and suspensions of the same; (iii) decisions of the firearm licensing review board; and (iv) firearm transfers including deliveries, seizures, surrenders, loss or theft or disposals. The department shall ensure automatic notification to the licensing authority of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of said license or permit.

(c) Any license or permit issued under sections 124 to 124E, inclusive, shall be issued in standard form provided by the department in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90 and shall be clearly marked with the license or permit name. It shall contain a license or permit number, name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the licensee or permit-holder and shall provide, in a legible font size and style, the telephone number for the 988 Suicide and Crisis Lifeline.

Section 121C. Notwithstanding any general or special law, rule or regulation to the contrary, the colonel of state police, in conjunction with the secretary of the executive office of public safety, shall promulgate rules and regulations implementing a statewide firearm surrender program. In conjunction with this program only, any resident of the commonwealth who complies with the policies set forth by the colonel shall not be asked for identification and shall be immune from prosecution for possession of any firearm surrendered pursuant to this section; provided, however, that nothing herein shall prohibit the prosecution of any person for the unlawful possession of a firearm who is not in compliance with the conditions and procedures established by the colonel; and provided further, that nothing herein shall prohibit the prosecution of any person for any other offense committed within the commonwealth.

Any firearm surrendered under this program that is reported lost or stolen shall be returned to its lawful owner; provided, however, that any firearm, suspected to be evidence in a crime shall remain in the custody and control of the department of state police in the same manner as any other such firearm lawfully seized by the department of state police. The department of state police may test-fire and preserve any and all firearms voluntarily surrendered. All firearms that have been voluntarily surrendered that are not suspected to be evidence of criminal activity and have not been reported stolen shall be disposed of in accordance with procedures established by the colonel.

SECTION 40. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 122 and inserting in place thereof the following section:-

Section 122. (a)(1) All firearms possessed, manufactured or assembled in the commonwealth must be registered in accordance with this section. Firearm registration shall be completed via a real time electronic firearms registration system developed and maintained by the department of criminal justice information services and, at a minimum, include the following information: (i) the registrant’s name, address and contact information; (ii) the registrant’s license or permit type, license or permit number, and expiration date or documentation of exemption pursuant to sections 127 or 127A; (iii) the type of firearm; (iv) the date the firearm was acquired; (v) the name and address of the source from which the firearm was obtained, including the name and address of the prior registrant if applicable; (vi) whether the firearm is a privately made firearm; and (vi) a statement signed by the registrant under the pains and penalties of perjury that they are properly licensed, permitted or exempted under the laws of the commonwealth and are not otherwise prohibited from owning or possessing a firearm.

(a)(2) Firearm registration shall be completed at the time of firearm import, purchase, acquisition, manufacture or assembly; provided, however, that a firearm may be: (i) registered within 60 days if imported by a new resident of the commonwealth; (ii) registered within 7 days if imported by a licensed dealer, gunsmith, distributor or manufacturer; (iii) registered within 60 days if acquired by an heir or devisee through distribution of an estate; or (iv) registered within 7 days if manufactured or assembled as a privately-made firearm.

(b) All firearm transactions within the commonwealth including but not limited to all purchases, sales, rentals, leases, loans or other transfers must be reported to the electronic firearms registration system. All firearm transactions must be reported by all parties to the transaction via the electronic firearms registration system within 7 days of the sale, rental, lease, loan or other transfer; provided, however, that no report is required for a loan of a firearm to a duly licensed or exempted person for a period of less than 7 days.

(c) Any loss or theft of a firearm shall be reported by the owner thereof via the electronic firearms registration system within 7 days to the licensing authority or state police where it is registered and the department of criminal justice information services. Such report shall include, but is not limited to, a complete description of the firearm, including the make, model, serial number and caliber and whether it is a large capacity firearm. The electronic firearms registration system shall provide automatic and immediate notification to the licensing authority in the town or city where the owner resides and where the license or permit was issued.

(d) This section shall not apply to firearms: (i) being delivered to law enforcement for the sole purpose of their destruction; (ii) possessed by common carriers and their duly authorized employees and agents while performing the regular and ordinary transport of firearms as merchandise for customers licensed to permit such transport; (iii) possessed by individuals lawfully traveling through the commonwealth in the care and custody of a nonresident owner provided that the firearms are stored in accordance with sections 126B and 126C; (iv) that are the property of the government of the United States; or (iv) produced by federally licensed manufacturers not for sale in the commonwealth.

(e) Whoever fails to register a firearm in violation of subsection (a), or report a transaction, loss or theft in violation of subsections (b) and (c) shall be punished as follows: (i) for a first offense by a fine of not more than $1,000 for a first offense; (ii) by a fine of not more than $7,500 for a second offense or imprisonment up to 6 months, or both such fine and imprisonment; and (iii) by a fine or not more than $10,000 or imprisonment for not less than 1 year nor more than 5 years, or by both such fine and imprisonment, for a third or subsequent offense. Failure to report shall also be a cause for suspension or permanent revocation of a person’s license or permit.

(f) The executive office of public safety and security shall promulgate regulations for the implementation of this section, which shall include information required for the registration and reporting of firearms, public notice and an outreach campaign to promote awareness of this section.

SECTION 41. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 122A and inserting in place thereof the following section:-

Section 122A. (a) All firearms shall have a serial number in accordance with the requirements of this section. To meet serialization requirements all firearms shall be conspicuously engraved, cast or otherwise permanently stamped with a unique serial number on the frame or receiver; provided, that the serial number must be placed in a manner not susceptible of being readily obliterated, altered or removed and must be engraved, cast or stamped to a minimum depth of .003 inches and in a print size no smaller than 1/16 inch; provided further, that the serialization of firearms, frames and receivers made from non-metallic materials must be accomplished by using a metal plate permanently embedded in the material of the frame or receiver.

(b) No person shall knowingly possess, manufacture, assemble, offer for sale, sell or otherwise transfer or import an untraceable firearm in the commonwealth; provided, however, that lawfully owned firearms imported or acquired by: (i) new residents moving into the commonwealth or acquired by heirs or devisees through distribution of an estate must be serialized within 60 days of import or acquisition; and (ii) licensed firearms dealers, gunsmiths, distributors or manufacturers must be serialized within 7 days of import or acquisition.

(c) No person shall manufacture or assemble a privately made firearm without: (i) obtaining a unique serial number from the department of criminal justice information services prior to manufacture or assembly; (ii) serializing the firearm with the obtained serial number during manufacture or assembly; and (iii) registering the firearm with the department in accordance with section 122 within 7 days of the firearm’s manufacture or assembly.

(d) No person shall manufacture or assemble a privately made firearm that does not comply with all relevant state and federal safety regulations.

(e) The department of criminal justice information services shall develop and maintain a serial number request system to electronically receive, record and process requests for a unique serial number in accordance with this section. This system shall be integrated with the electronic firearms registration system created by the department to register all firearms and report firearm transactions pursuant to section 122, and ensure that all data on privately made firearms is available for data collection and tracing purposes pursuant to sections 122B and 122C, respectively.

(f) Requests for a unique serial number through the serial number request system shall include information on the person requesting a unique serial number, whether the request is for a privately made firearm, the type of firearm to be serialized, and, if privately made, the means and manner of its production.

(g) The requirements of this section shall not apply to firearms: (i) being delivered to law enforcement for the sole purpose of their destruction; (ii) possessed by common carriers and their duly authorized employees and agents while performing the regular and ordinary transport of firearms as merchandise for customers licensed to permit such transport; (iii) possessed by individuals lawfully traveling through the commonwealth in the care and custody of a nonresident owner provided that the firearms are stored in accordance with sections 126B and 126C; (iv) that are the property of the government of the United States; or (iv) produced by federally licensed manufacturers not for sale in the commonwealth.

(h) The executive office of public safety and security, in consultation with the department, shall promulgate rules and regulations for the implementation of this section, including technical requirements for the serialization of firearms and procedures for requesting serial numbers and which shall include public notice and an outreach campaign to promote awareness of this section.

SECTION 42. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 122B and inserting in place thereof the following section:-

122B. (a) The department of criminal justice information services in collaboration with the executive office of public safety and security and the executive office of technology services and security, shall collect, assemble, and publish data and other information relating to the use of firearms in the commonwealth.

(b) State and local agencies, including but not limited to the department of the state police, licensing authorities, and other criminal justice agencies as defined in section 167 of chapter 6, shall provide timely access to information requested by the department of criminal justice information services pursuant to this section.

(c) The department of criminal justice information services shall make non-personally identifying data accessible to the general public through the publication of an online dashboard updated at least quarterly. This dashboard shall include but shall not be limited to:

(1) the following aggregate data on the issuance of firearm licenses and permits pursuant to sections 124 to 124B, inclusive, of chapter 140:

(i) the age, gender, race, ethnicity, and municipality of applicants for a license to carry;

(ii) the age, gender, race, ethnicity, and municipality of individuals whose applications for a license to carry were denied;

(iii) the age, gender, race, ethnicity, and municipality of applicants for a long gun permit; and

(iv) the age, gender, race, ethnicity, and municipality of individuals whose applications for a long gun permit were denied; and

(2) the following aggregate data on firearm-related violence, including but not limited to firearm-involved crimes and attempted or completed suicides using firearms:

(i) the type of firearm-involved violence (e.g., attempted or completed suicide, homicide, accidental shooting, other firearm-involved crime);

(ii) the age, gender, race, ethnicity of the firearm user;

(iii) the age, gender, race, ethnicity of any victims of firearm-involved violence;

(iv) the geographic location of the firearm-involved violence;

(v) the firearms license status of the firearm user;

(vi) whether the firearm user, at the time of the incident, would be considered a prohibited person as described in section 123 of;

(vii) whether the firearm user was arrested as a result of the incident;

(viii) the disposition of any prosecution;

(ix) whether the firearm was used in connection with known gang activity, a domestic dispute, or police interaction;

(x) the make, model, manufacturer, and state or country of origin of the involved firearm;

(xi) the origin, source and secondary market of the involved firearm, including whether it was purchased from a licensed dealer or private seller;

(xii) whether the involved firearm was lost, stolen or otherwise illegally obtained; and

(xiii) whether the involved firearm was untraceable or a privately made firearm, including the manner in which it was produced.

(d) the department of criminal justice information services, in coordination with the executive office of public safety and security, shall promulgate rules and regulations to ensure prompt collection, exchange, and publication the firearm licensing information under this section.

SECTION 43. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 122C and inserting in place thereof the following section:-

Section 122C. A firearm used to carry out a criminal act shall be traced by the licensing authority for the city or town in which the crime took place or the law enforcement agency taking possession of the firearm. Said authority or agency shall report all available statistical data to the department of criminal justice information services. This statistical data shall include, but not be limited to: (i) the make, model, serial number and caliber of the weapon used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv) whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known gang activity; (vii) whether the weapon was obtained illegally; (viii) whether the weapon was lost or stolen; and (ix) whether the person using the weapon was otherwise a prohibited person.

The department of criminal justice information services shall ensure that data reported pursuant to this section is automatically transmitted into the federal electronic system maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States Department of Justice and to the commonwealth fusion center or the criminal firearms and trafficking unit within the division of investigation and intelligence in the department of state police established pursuant to section 6 of chapter 22C. The colonel of state police shall produce an annual report by December 31 of each year regarding crimes committed in the commonwealth using firearms, including all of the categories of data contained in this section, and shall submit a copy of the report to the joint committee on public safety and homeland security, the clerks of the house of representatives and the senate and, upon request, to criminology, public policy and public health researchers and other law enforcement agencies.

SECTION 44. Sections 122D, 129C, 129D, 130 ½, 131½, 131¾, 131F ½, 131I, 131J, 131K, 131L, 131M, 131N, 131O, 131Q, 131R, 131S, 131T, 131U, 131V, 131W, 131X, and 131Y of said chapter 140 of the General Laws are hereby repealed.

SECTION 45. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 123 and inserting in place thereof the following 5 sections:-

Section 123. (a) A licensing authority shall deny any application for a license or permit issued under sections 124 to 125B, inclusive, or renewal thereof, to a person the licensing authority determines to be a prohibited person. A prohibited person shall be a person who:

(i) has ever, in a court of the commonwealth or in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child, or both as defined in section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regarding the use, possession, ownership or transfer of firearms or ammunition for which a term of imprisonment may be imposed; (E) a violation of any law of the commonwealth regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C; or (F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33); provided, however, that, the commission of a crime described in clauses (B), (D) or (E) shall only disqualify an applicant for a long gun permit under section 124A for 5 years after the applicant was convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs later.

(ii) is, or has been: (A) committed to a hospital or institution for mental illness, alcohol or substance abuse, except a commitment pursuant to sections 35 or 36C of chapter 123, unless after 5 years from the date of the confinement the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting familiarity with the applicant’s mental illness, alcohol or substance abuse and that in the physician’s or psychologist’s opinion, the applicant is not suffering from a mental illness, or alcohol or substance abuse in a manner that shall prevent the applicant from possessing a licensed firearm or permitted long gun; (B) committed by a court order to a hospital or institution for mental illness, unless the applicant was granted a petition for relief of the court order pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the application; (C) subject to an order of the probate court appointing a guardian or conservator for an incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicant’s affairs, unless the applicant was granted a petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and submits a copy of the order with the application; or (D) found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the court order pursuant to said section 35 and submits a copy of the court order with the application;

(iii) is currently subject to: (A) an order for suspension or surrender issued pursuant to sections 3B or 3C of chapter 209A; (B) a permanent or temporary protection order issued pursuant to said chapter 209A; (C) any order described in 18 U.S.C. 922(g)(8); (D) a permanent or temporary harassment prevention order issued pursuant to chapter 258E; (E) an extreme risk protection order issued pursuant to sections 131A and 131B; or (F) an order similar to the orders described in clauses (A), (B), (C), (D) or (E) issued by another jurisdiction;

(iv) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;

(v) is a person not legally or lawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable conditions; or

(vii) is a fugitive from justice.

(b) A licensing authority shall deny any application for a license or permit issued under sections 124 to 125B, inclusive, or renewal thereof, to a person the licensing authority determines to be unsuitable to hold a license or permit. A determination of unsuitability shall be based on reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a firearms license or permit, the applicant may create a risk to public safety or a risk of danger to themselves or others. Upon denial of an application or renewal of a license or permit based on a determination of unsuitability, the licensing authority shall notify the applicant in writing setting forth the specific reasons for the determination.

(c) In the case of an application or renewal of a long gun permit under section 124A, a licensing authority shall not have the authority to deny an application on the grounds of unsuitability but may file a petition requesting that the district court of jurisdiction deny said application on unsuitability grounds. Such petition shall operate to stay the application and shall be founded upon a written statement of the reasons for supporting a finding of unsuitability. Upon filing, a copy of the written petition and statement will be provided to the applicant by the licensing authority. The court shall within 90 days of receiving the filed petition hold a hearing to determine if the applicant for the long gun permit is unsuitable and enter a judgment on suitability. A determination of unsuitability shall be based on a preponderance of the evidence that there is reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a long gun license, the applicant may create a risk to public safety or a risk of danger to self or others. If a court enters a judgment that an applicant is unsuitable the court shall notify the applicant in writing setting forth the specific reasons for such determination. If a court has not entered a judgement that an applicant is unsuitable within 90 days of the petition, judgment that the applicant is suitable for a long gun license shall be automatically entered.

(d) An applicant aggrieved by a denial of a license or permit issued under sections 124 to 125B, inclusive, may appeal the denial pursuant to section 123C.

Section 123A. (a) There shall be a firearm licensing review board, established within the department of criminal justice information services, in this section called the board, comprised of 7 members: 1 of whom shall be a member of the department of criminal justice information services appointed by the commissioner and who shall be the chair, 1 of whom shall be the secretary of public safety or their designee, 1 of whom shall be the colonel of state police or their designee, 1 of whom shall be appointed by the Massachusetts Chiefs of Police Association, 1 of whom shall be the attorney general or their designee, 1 of whom shall be an attorney with litigation experience in firearm licensing cases and appointed by the governor from a list of qualified persons submitted to the governor by the Massachusetts Bar Association, and 1 of whom shall be a retired member of the judiciary and appointed by the governor.

(b) An applicant for a long gun permit, self-defense spray permit or a license to carry who has been convicted of or adjudicated a delinquent child or youthful offender by reason of an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth which was not: (a) an assault or battery on a family member or household member, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the review board, may, after the passage of 5 years from conviction, adjudication as a youthful offender or a delinquent child, or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever occurs later, may file a petition for review of eligibility with the firearm licensing review board.

(c) The petitioner shall provide to the board a copy of a completed long gun permit, self-defense spray permit or license to carry application, which application shall have previously been submitted to the licensing authority or be submitted to the licensing authority contemporaneously with the petition filed with the board. The petitioner shall have the burden to prove his suitability to receive a long gun permit, self-defense spray permit or a license to carry by clear and convincing evidence. The board shall set a reasonable filing fee to file the petition.

(d) If the board determines, by 2/3rds vote, that: (i) the sole disqualifier for the petitioner is any conviction or adjudication as a youthful offender or a delinquent child for an offense or offenses described in subsection (b); (ii) 5 years has passed since such conviction or adjudication or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring; and (iii) by clear and convincing evidence, that the petitioner is a suitable person to be a long gun permit, self-defense spray permit or license to carry holder, the board shall determine that the petitioner's right or ability to possess a firearm is fully restored in the commonwealth with respect to such conviction or adjudication and that such conviction or adjudication shall not prohibit such petitioner from applying to a licensing authority for a long gun permit, self-defense spray permit or license to carry. The board shall make a determination on a petition within 60 days after receipt of the petition.

(e) The board shall hold hearings at such times and places as in its discretion it reasonably determines to be required, but not less than once every 90 days, and shall give reasonable notice of the time and place of the hearing to the petitioner. The board shall have the power to compel attendance of witnesses at hearings.

(f) All hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and payment for stenographic services, as determined by the board, accompanies such request, the board shall cause a verbatim transcript of the hearing to be made. The board's decisions and findings of facts therefore shall be communicated in writing to the petitioner and to the licensing authority to whom the petitioner has applied or intends to apply within 20 days of rendering a decision.

(g) Members of the board shall serve without compensation but shall be entitled to reasonable subsistence and travel allowances in the performance of their duties.

Section 123B. (a) All application fees for licenses and permits issued under sections 124 to 125B, inclusive, shall be payable to the issuing licensing authority and shall not be prorated or refunded in case of revocation or denial. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit all fees into the specified funds quarterly, not later than January 1, April 1, July 1 and October 1 of each year.

(b) Unless otherwise stated in this section the fee for an application or renewal of:

(i) any license or permit shall be $100 of which the licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the General Fund and not less than $50,000 of the total funds deposited into the General Fund shall be allocated to the Firearm Licensing Review Board, established in section 123A, for its operations and that any funds not expended by said board for its operations shall revert back to the General Fund; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund;

(ii) a license to carry firearms for active and retired law enforcement officials, or local, state, or federal government entities acting on their behalf shall be $25 of which half shall be retained by the licensing authority and half deposited into the General Fund; and

(iii) a long gun permit for persons under 18 years of age or a self-defense spray permit shall be $25 of which half shall be retained by the licensing authority and half deposited into the General Fund.

(c) Any person over the age of 70 and any law enforcement officer applying through their employing agency for renewal of a license to carry firearms or a long gun permit shall be exempt from the requirement of paying a renewal fee.

(d) Any person with a license to sell under section 125 shall not be assessed any additional fee for a gunsmith’s license.

(e) The commissioner of the department of criminal justice information services shall send electronically or by first class mail to the license or permit holder, a notice of the expiration of the license or permit not less than 90 days before its expiration and shall enclose or provide a website link to a form for its renewal. The form for renewal shall include:

(i) an affidavit which must be completed and returned in order to renew the license or permit in which the applicant shall verify that the applicant has not lost or had stolen any firearm, for a license and permit respectively, from the applicant’s possession since the date of the applicant’s last renewal or issuance; and

(ii) all pertinent information about the penalties and punishments that may be imposed if the license or permit is not renewed and the applicant remains in possession of any firearms.

(f) Notwithstanding any general or special law to the contrary, an expired license to carry firearms or a long gun permit shall remain valid for all lawful purposes if:

(i) the licensee or permit holder applied for renewal before the license or permit expiration date and shall remain valid until the application for renewal is approved or denied;

(ii) the licensee or permit holder is on active duty with the armed forces of the United States on the expiration date of the license, the license or permit and shall remain valid until the licensee or permit holder is released from active duty and for a period of not less than 180 days following the release; provided, however, that, if the licensee or permit holder applied for renewal prior to the end of that period, the license or permit shall remain valid for all lawful purposes until the application for renewal is approved or denied; or

(iii) the expiration period has not yet exceeded 90 days beyond the stated date of expiration, unless such license to carry or long gun permit has been revoked or suspended.

(g) Any person in possession of a firearms license or long gun permit whose respective license or permit is invalid for the sole reason that it has expired, not including licenses and permits that remain valid under subsection (f), and not otherwise disqualified from renewal upon application, shall be subject to a fine of not less than $100 nor more than $5,000 and the provisions of section 10 of chapter 269 shall not apply; provided, however, that this exemption shall not apply if such license or permit: (i) has been revoked or suspended unless such revocation or suspension was caused by failure to give notice of a change of address; (ii) is the subject of pending revocation or suspension unless such revocation or suspension was caused by failure to give notice of a change of address; or (iii) has had an application for renewal denied. Any law enforcement officer who discovers a person to be in possession of a firearm after such person’s license or permit has expired, meaning after 90 days beyond the stated expiration date on the license, or has been revoked or suspended solely for failure to given notice of a change of address, shall confiscate such firearm and the expired or suspended license then in possession and such officer shall forward such license or permit, as soon as practical, to the licensing authority that issued the expired license or permit. The officer shall, at the time of confiscation, provide to the person whose firearm has been confiscated, a written inventory and receipt for all firearms confiscated and the officer shall exercise due care in the handling, holding and storage of these items. Any confiscated firearm shall be considered surrendered and subject to the conditions of section 123D; provided, however, that the confiscated firearm shall be returned to the owner if proof of license or permit reinstatement is provided within 1 year of confiscation. This paragraph shall not apply to temporary licenses to carry under section 124B.

Section 123C. (a) A licensing authority shall revoke or suspend any license or permit issued in sections 124 to 125B, inclusive, upon the occurrence of any event which makes the licensee or permit holder a prohibited person as defined in section 123. A licensing authority may also revoke or suspend any license or permit issued in sections 124 to 125B, inclusive, upon a subsequent determination of unsuitability as defined in section 123, or upon satisfactory proof that the licensee has violated or permitted any violation of this chapter; provided, however, that a licensing authority shall not revoke a long gun permit on the grounds of unsuitability and shall instead petition the district court for revocation pursuant to the procedures of subsection (c) of section 123. A licensing authority may revoke or suspend any license issued under sections 125 or 125B only after due notice to the licensee and reasonable opportunity to be heard.

(b) Any revocation or suspension of a license or permit shall be in writing and shall state the reasons therefor. No pendency of proceedings before the court shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the commissioner of the department of criminal justice information services and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended license or permit may be reinstated only upon the termination of all disqualifying conditions. If a license to sell is revoked, the licensee shall be disqualified to receive a license for one year after the expiration of the term of the license so revoked.

(c) Any applicant or licensee aggrieved by a denial, revocation, or suspension of a license to sell under section 125 may within 10 days thereafter apply to the colonel of the state police for such license, who may direct that said licensing authority grant said license, if, after a hearing, the colonel is satisfied that there were no reasonable grounds for the denial, suspension or revocation and that the applicant is not barred by law from holding such a license.

(d) Any applicant, licensee or permit holder aggrieved by a denial, revocation or suspension of a license or permit issued under sections 124 to 125B, inclusive, may, unless a hearing has previously been held pursuant to chapter 209A, within either 90 days after receiving notice of the denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority shall respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town in which the applicant filed the application or in which the license or permit was issued.

(e) The justice may order a firearms license or permit be issued or reinstated upon a finding that there was no reasonable ground for denying, suspending or revoking the license and that petitioner is not prohibited by law from possessing the license.

Section 123D. (a) Upon revocation, suspension or denial of an application for any firearms license or permit issued pursuant to sections 124 to 125B, inclusive, the person whose application was so revoked, suspended or denied shall without delay deliver or surrender to the licensing authority where the person resides all firearms and ammunition which are registered to the person or that the person then possesses, and shall report such delivery or surrender to the electronic firearms registration system created pursuant to section 122. The person or the person's legal representative shall have the right, at any time up to 1 year after the delivery or surrender, to transfer the firearms and ammunition, notwithstanding the limits on private firearm transfers in section 127B, to a licensed dealer or to a person legally permitted to purchase or take possession of the firearms and ammunition and, upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within 10 days deliver the firearms and ammunition to the transferee or purchaser and the licensing authority shall observe due care in the receipt and holding of any such firearm or ammunition; provided, however, that the purchaser or transferee shall affirm in writing that the purchaser or transferee shall not transfer the firearms or ammunition to the former owner; provided further, however, that such transfer will not be permitted if the firearm may be evidence in any pending criminal investigation. The licensing authority shall at the time of delivery or surrender inform the person in writing of their right to request a transfer in accordance with this paragraph.

(b) The licensing authority, after taking possession of any firearm or ammunition by any means, may transfer possession for storage purposes to a federally licensed firearms dealer who operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure storage of firearms and a weapon box or similar container for the secure storage of ammunition; provided, however, that the licensing authority shall not transfer to such dealer possession of any firearm, or ammunition that may be evidence in any pending criminal investigation. Any such dealer that takes possession of a firearm or ammunition pursuant to this section shall: (i) inspect the firearm or ammunition; (ii) issue to the owner a receipt indicating the make, model, caliber, serial number and condition of each firearm or ammunition so received; and (iii) store and maintain all firearms and ammunition so received in accordance with such regulations, rules or guidelines as the secretary of the executive office of public safety may establish under this section. The owner shall be liable to such dealer for reasonable storage charges.

(c)Firearms and ammunition not disposed of within 1 year following of delivery or surrender pursuant to this section shall be sold at public auction by the colonel of the state police to the highest bidding person legally permitted to purchase and possess said firearms and ammunition and the proceeds shall be remitted to the General Fund.

(d) Any such firearm or ammunition that is stored and maintained by a licensed dealer as provided under this section may be so auctioned at the direction of: (i) the licensing authority at the expiration of 1 year following initial surrender or delivery to such licensing authority; or (ii) the dealer then in possession, if the storage charges for such firearm or ammunition have been in arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer for the purpose of transferring ownership to the auctioneer; and provided further that in either case, after deduction and payment for storage charges and all necessary costs associated with such surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of such firearm or ammunition; provided, however, that any firearm or ammunition identified pursuant to section 122C as having been used to carry out a criminal act and any firearm or ammunition prohibited by law from being owned or possessed within the commonwealth shall not be sold at public auction pursuant to this section and shall instead be destroyed by the colonel of the state police.

(e) Unless otherwise required in this chapter, if the licensing authority cannot reasonably ascertain a lawful owner within 180 days of acquisition by the authority, the authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or transfer shall be remitted or credited to the municipality in which the authority presides to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; provided, however, that no firearm or ammunition identified pursuant to section 122C as having been used to carry out a criminal act shall be considered surplus, donated, abandoned or junk for the purposes of this section.

(f) The licensing authority shall report the delivery or surrender, or seizure of firearms and ammunition pursuant to sections 131 to 131H, inclusive, to the department of criminal justice information services via the electronic firearms registration system. The report shall include the following information: (i) date of delivery, surrender or seizure; (ii) make, model, serial number and caliber of the firearm delivered, surrendered or seized and any identifying information for ammunition delivered, surrendered or seized; (iii) grounds for surrender or seizure; (iv) whether the firearm, or ammunition is prohibited by law from being owned or possessed in the commonwealth; (v) whether the firearm, or ammunition was classified as having been used to carry out a criminal act; (vi) information on the possession, storage, transfer, sale and any income derived therefrom and (vii) the destruction, or other disposition of the firearm or ammunition. Upon submission of this information, the system shall automatically report back to the licensing authority whether the firearm is registered, serialized, reported lost or stolen, or potential evidence in a pending criminal investigation.

(g) The secretary of the executive office of public safety may promulgate such rules and regulations as are necessary to carry out this section.

SECTION 46. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 124 and inserting in place thereof the following 6 sections:-

Section 124. (a) A license to carry firearms shall entitle the holder thereof to purchase, transfer, possess and carry firearms including large capacity firearms and ammunition therefor. This license shall not entitle a holder thereof to transfer, possess or carry large capacity feeding devices or assault-style firearms unless such transfer, possession or carry is permitted under section 128B.

(b) Any lawful resident 21 years of age or older residing within the jurisdiction of the licensing authority, any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a license to carry firearms, or renewal of the same, which the licensing authority shall issue if the licensing authority determines that the applicant is neither a prohibited person nor unsuitable under section 123 to transfer, possess or carry a firearm; provided, however, that upon an initial application for this license, the licensing authority shall conduct a personal interview with the applicant.

(c) No person shall be issued a license to carry or possess machine gun in the commonwealth or be otherwise legally entitled to transfer, possess or carry a machine gun, feeding device or ammunition therefor, except that a licensing authority or the colonel of the state police may issue a machine gun license to: (i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide collector of firearms as defined in section 121 upon application for renewal of such license.

(d) No license shall issue under this section unless the applicant submits with their application a basic firearms safety certificate required pursuant to section 126.

(e) A person issued a license under this section shall report any change of address via the electronic firearm registration system administered by the commissioner of the department of criminal justice information services. Such notification shall be made on the portal within 30 days of its occurrence. Failure to notify in a timely manner shall be cause for revocation or suspension of said license.

(f) A license to carry firearms shall be valid, unless revoked or suspended, for a period of not more than 6 years and shall expire on the anniversary of the licensee’s or permit-holder’s date of birth occurring not less than 5 years nor more than 6. Any license issued to an applicant born on February 29 shall expire on March 1.

(g) Any person issued a license under this section, who, while in possession of a firearm and not being within the limits of their own property or residence, or such person whose property or residence is under lawful search, shall on demand of a law enforcement officer, exhibit their license. Failure to do so may result in the surrender of said person’s firearms and ammunition, which shall be taken into custody pursuant to section 123D; provided, however, that such firearms, feeding devices and ammunition shall be returned forthwith within 30 days of presenting a valid license to the appropriate law enforcement agency.

Section 124A. (a) A long gun permit shall entitle the holder thereof to transfer, possess and carry common long guns, feeding devices and the ammunition therefor. A long gun permit shall not entitle a holder to transfer, possess or carry any other firearm including any large capacity firearm or semiautomatic rifle and shotgun except under the direct supervision of a holder of a license to carry firearms at an incorporated shooting club or shooting range licensed pursuant to section 56A or with a municipal license.

(b) Any lawful resident 18 years of age or older residing within the jurisdiction of the licensing authority or residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a long gun permit, or renewal of the same, which the licensing authority shall issue if it appears that the applicant is not a prohibited person and no judicial stay is requested as outlined in section 123. A person aged 15 years or older, but less than 18 years of age may submit an application for a long gun permit and shall be issued the same only if the applicant meets the requirements of this section and submits with the application a certificate of a parent or guardian granting the applicant permission to apply for the permit. A person 14 years of age may submit an application for a long gun permit but the applicant shall not be issued the permit until they reach 15 years of age.

(c) No permit shall issue under this section unless the applicant submits with their application a basic firearms safety certificate required pursuant to section 126.

(e) A person issued a permit under this section shall report any change of address via the electronic firearm registration system administered by the commissioner of the department of criminal justice information services. Such notification shall be made on the portal within 30 days of its occurrence. Failure to notify in a timely manner shall be cause for revocation or suspension of said permit.

(f) A permit shall be valid, unless revoked or suspended, for a period of not more than 6 years and shall expire on the anniversary of the permit holder’s date of birth occurring not less than 5 years nor more than 6. Any permit issued to an applicant born on February 29 shall expire on March 1.

(g) Any person issued a permit under this section, who, while in possession of a firearm and not being within the limits of their own property or residence, shall on demand by a law enforcement officer, exhibit a permit authorizing possession of such firearms. Failure to do so may result in the surrender of all firearms and ammunition therefor which shall be taken into custody pursuant to section 123D; provided, however, that such firearms and ammunition shall be returned forthwith upon the presentation within 30 days of a valid long gun permit.

Section 124B. (a) A temporary license to carry firearms or ammunition therefor within the commonwealth shall be issued by the colonel of the state police or their designee in accordance with the qualification requirements and procedures for a license to carry firearms issued under section 124, to:

(i) a resident of the commonwealth for purposes of sports competition;

(ii) a nonresident for purposes of a firearm competition;

(iii) a nonresident who is in the employ of a bank, public utility corporation, or a firm engaged in the business of transferring monies, or business of a similar nature, or a firm licensed as a private detective under chapter 147, and whose application is endorsed by an employer; or

(iv) a nonresident who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of their commanding officer.

(b) A temporary license to possess a machine gun within the commonwealth, may be issued by the colonel of the state police or their designee in accordance with the qualification requirements and procedures for a license to carry a machine gun issued under section 124 to a nonresident employee of a federally licensed manufacturer of machine guns for the purpose of transporting or testing relative to the manufacture of machine guns, and whose application is endorsed by their employer.

(c) A temporary license issued under subsections (i) and (ii) of paragraph (a) shall be valid for a period of 1 year and may be renewed, if necessary, by the colonel or their designee. A temporary licensed issued under subsections (iii) and (iv) of paragraph (a) and under paragraph (b) may be issued for any term not to exceed 2 years and shall expire in accordance with the terms in section 123B.

(d) The colonel or their designee may permit a licensee under this section to possess a large capacity firearm, and large capacity feeding device; provided, however, that this entitlement shall be clearly indicated on the license and conform with the requirements of section 128B.

(e) A temporary license issued pursuant to this section shall clearly be marked as such and may not be used to purchase or otherwise transfer firearms or ammunition within the commonwealth.

Section 124C. (a) A person with a temporary license issued under section 124B, shall apply to the colonel of the state police or their designee for a permit to purchase, rent or lease a firearm or ammunition therefor if it appears that such purchase, rental or lease is not for an unlawful purpose. A permit to purchase shall be valid for not more than 10 days after issue and may be revoked at will.

(b) Whoever knowingly issues a permit in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 and by imprisonment for not less than 6 months nor more than 2 years in the house of correction.

Section 124D. Sections 126, 128A and 129 shall not apply to stun guns. The secretary of public safety and security shall promulgate regulations restricting access or use of stun guns by non-licensed persons and establishing minimum safety and quality standards, safe storage requirements, education and safety training requirements and law enforcement training on the appropriate use of stun guns, which shall require that any stun gun purchased or used by a law enforcement or public safety official include a mechanism for tracking the number of times the stun gun has been fired.

Section 124E. (a) No person under 18 years of age may purchase or possess self-defense without a self-defense spray permit issued by a licensing authority. This permit shall be valid to purchase and possess self-defense spray, including all chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate.

(b) A local licensing authority may issue to a person at least 15 years of age but less than 18 years a self-defense spray permit if the person is not a prohibited person or unsuitable under section 123. A self-defense spray permit is issued for the sole purpose of purchasing and possessing self-defense spray and shall clearly state that it is valid for such limited purpose only. This permit may be issued to a person under the age of 15 if the applicant submits with their application a certificate from the applicant’s parent or guardian granting permission to apply for this permit.

(c) Whoever, not being licensed as provided in section 125, sells self-defense spray shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 2 years. Whoever licensed or unlicensed under section 125 sells self-defense spray to a person younger than 18 years of age, if the person younger than 18 years of age does not have a self-defense spray permit, shall be punished by a fine of not more than $300.

(d) A person under 18 years of age who purchases or possesses self-defense spray and who does not have a self-defense spray permit shall be punished by a fine of not more than $300.

(e) A self-defense spray permit shall be valid for a period of 3 years and shall expire on the anniversary of the permit holder’s date of birth occurring not less than 3 years nor more than 4 years from the date of issue. Any permit issued to an applicant born on February 29 shall expire on March 1.

SECTION 47. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 125 and inserting in place thereof the following 4 sections:-

Section 125. (a) A licensing authority may grant a license to sell, rent, lease, purchase or otherwise transfer firearms, feeding devices and ammunition therefor, or to be in business as a gunsmith, to any person 21 years of age or older who is neither a prohibited person nor deemed unsuitable to be issued said license as set forth in section 123 and who completes the online dealer training classes mandated under section 126A.

(b) Licensees shall maintain a business premise that is not a residential dwelling wherein all transactions shall be conducted and wherein all records shall be kept. A license to sell does not entitle the holder thereof to possess or carry any firearm, feeding device or ammunition outside of the licensed business premises. A license to sell shall not authorize a licensee to carry a firearm at any place outside their licensed place of business. The licensee may request a transfer of a license to sell from one location to another within the city or town of the licensing authority’s jurisdiction and such request shall be granted at the discretion of the licensing authority, upon the same terms and conditions upon which the license was originally granted. A license to sell may not be transferred to any other person or entity.

(c) Licensees must display their license to sell or a copy thereof, certified by the licensing authority, in a position where it can be easily read; provided, however, that no firearm shall be displayed in any outer window of the business premises or in any other place where it can be readily seen from outside the business premises.

(d) Licensees must conspicuously post and distribute at each purchase counter a notice providing information on: (i) safe transportation and storage of firearms developed and provided by the department of criminal justice information services who shall develop and maintain on its website for download a sign providing such information; and (ii) suicide prevention developed and provided by the division on violence and injury prevention within the department of public health who shall develop and make available on its website for download a sign providing the information on suicide prevention.

(e) A license to sell firearms shall expire 3 years from the date of issuance.

Section 125A. (a) Prior to any transfer, a person with a license to sell under section 125, in this section referred to as licensee, shall verify the status of any license, permit or exemption documentation including a verification that the person presenting the license, permit or documentation is the lawful holder thereof. No transfer of any firearm, feeding device or ammunition shall be made to any person not in possession of the required license, permit or exemption documentation at the time of the transaction.

(b) Upon being presented with an expired, suspended or revoked license or permit said licensee shall:

(i) immediately report all firearm transfers and transactions to the department of criminal justice information services using its electronic firearms registration system, including but not limited to, all information recorded pursuant to subsection (c);

(ii) take possession of such card or license and immediately forward the same to the licensing authority for the city or town where the licensee conducts business;

(iii) issue the license or permit holder a receipt, in a form provided by the commissioner of the department of criminal justice information services, which shall state that the holder’s license or permit is expired, suspended or revoked, was taken by the licensee, and forwarded to the licensing authority, and which shall be valid for 90 days for the purpose of providing immunity from prosecution under section 10 of chapter 269 and

(iv) notify the license or permit holder of their duty to surrender their firearms forthwith to their local licensing authority under section 123D.

The licensee shall be immune from civil and criminal liability for good faith compliance with the provisions herein.

(c) The licensee shall make and keep an on-site or electronic record of all firearm transactions and said record shall be open at all times to the inspection of the police. Before transfer or delivery of any sold, rented, leased or otherwise transferred firearm or feeding device or ammunition, a legible entry in the on-site or electronic record must be made and kept specifying:

(i) the complete description of the firearm, feeding device and ammunition, including the make, serial number, type of firearm and designation as a large capacity firearm, if applicable;

(ii) whether the firearm, feeding device or ammunition has been sold, rented or leased and the date of such transaction;

(iii) the license or permit identification number of the person acquiring the firearm, feeding device or ammunition along with their sex, residence address and occupation; and

(iv) the purchaser, renter or lessee’s name as personally written by said person in the sales record book and as confirmed by valid state or federal identification.

(d) Licensees shall, immediately upon notice of any loss or theft of a firearm or ammunition from the licensee or licensee’s business premises immediately report such loss or theft to the department of criminal justice information services via the electronic firearms registration system created pursuant to section 122.

(e) A licensee may sell or transfer firearms, feeding devices and ammunition at any regular meeting of an incorporated collectors club or at a gun show open to the general public; provided, however, that all other provisions of this section are complied with and that such sale or transfer is in conformity with both federal and Massachusetts law and regulations.

(f) No licensee shall fill an order for any firearm, feeding device, or ammunition received by mail, facsimile, telephone, internet or other telecommunication unless such transaction includes the in-person presentation of the required license, permit or documentation as required herein prior to any sale, delivery or any form of transfer or possession. Transactions between federally licensed dealers are exempt from the provisions of this subsection.

(g) Licensees shall ensure that all firearms and ammunition shall be promptly unloaded when delivered and that delivery is only made to a person properly licensed, permitted or exempted to possess the firearms or ammunition included in the delivery.

(h) Any licensee, and any employee or agent of such a licensee who violates this section shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment.

(i) The department of state police shall enter, up to 1 time per calendar year, during regular business hours, the business premises of any licensee, and shall make inquiries and inspect the licensee’s records, inventory, policies and procedures for the purpose of enforcing the provisions of this section. Licensees found to be in violation of this section shall be subject to the suspension or revocation of their license to sell. The department of the state police shall promulgate rules and regulations to effectuate the purposes of this subsection. Nothing herein shall prohibit any other law enforcement agency from conducting such inspections pursuant to a valid search warrant issued by a court of competent jurisdiction.

Section 125B. (a) A lawfully incorporated sporting or shooting club shall, upon application, be licensed by the colonel of the state police or their designee to sell or supply ammunition for regulated shooting on their premises, such as for skeet, target or trap shooting; provided, however, that such club license shall, on behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who themselves possess a license to carry firearms and who would not be disqualified to receive a license to sell in their own right. This license is subject to the same terms, conditions and qualifications of a license to sell issued under section 125.

(b) The colonel of the state police may, after an investigation, grant a license to a club or facility with an on-site shooting range or gallery, which club is incorporated under the laws of the commonwealth a club license for the possession, storage and use of large capacity firearms and ammunition therefor for use on the premises of the club; provided, however that not less than 1 shareholder of the club shall be qualified and suitable to be issued a license; and provided further, that such large capacity firearms and feeding devices may be used under the club license only by a member that possesses a valid license to carry firearms issued pursuant to section 124, or by such other person that the club permits while under the direct supervision of a certified firearms safety instructor or club member who possesses a valid license to carry firearms.

(i) not permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images thereof, except by public safety personnel performing in line with their official duties;

(ii) not allow the removal of any large capacity firearm from the premises except as permitted by law in order to: (A) transfer to a licensed dealer; (B) transport to a licensed gunsmith for repair; (C) transport to target, trap or skeet shoot on the premises of another club incorporated under the laws of the commonwealth; (D) transport to attend an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a national or state recognized entity that promotes proficiency in or education about semiautomatic weapons; (E) hunt pursuant to chapter 131; or (F) surrender the firearm pursuant to section 121C;

(iii) secure in a locked container as defined in section 121 and unload during any lawful transport all large capacity firearms or feeding devices kept on the premises when not in use;

(iv) annually file a report with the colonel of the state police and the commissioner of the department of criminal justice information services listing all large capacity firearms and large capacity feeding devices owned or possessed under the license; and

(v) permit the colonel to inspect all firearms owned or possessed by the club upon request during regular business hours.

Section 125C. (a) No licensee under section 125 may sell, rent, lease or otherwise transfer any firearm described in this section except to a business entity that is primarily a firearm wholesaler, and such transfer must, by its terms, prohibit the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth. This section shall apply to:

(i) A firearm that has a frame, barrel, cylinder, slide or breechblock that is composed of (A) any metal having a melting point of less than 900 degrees Fahrenheit; (B) any metal having an ultimate tensile strength of less than 55,000 pounds per square inch; or (C) any powdered metal having a density of less than 7.5 grams per cubic centimeter. This clause shall not apply to any make and model of a firearm for which a sample of 3 firearms in new condition all pass the following test: each of the 3 samples shall fire 600 rounds, stopping every 100 rounds to tighten any loose screws and to clean the gun if required by the cleaning schedule in the user manual, and as needed to refill the empty magazine or cylinder to capacity before continuing. For any firearm that is loaded in a manner other than via a detachable magazine, the tester shall also pause every 50 rounds for ten minutes. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard of ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the first 20 rounds without a malfunction, fires the full 600 rounds with not more than 6 malfunctions and completes the test without any crack or breakage of an operating part of the firearm that does not increase the danger of injury to the user. For purposes of this clause “malfunction” shall mean any failure to feed, chamber, fire, extract or eject a round or any failure to accept or eject a magazine or any other failure which prevents the firearm, without manual intervention beyond that needed for routine firing and periodic reloading, from firing the chambered round or moving a new round into position so that the firearm is capable of firing the new round properly. This shall not include a misfire caused by a faulty cartridge the primer of which fails to detonate when properly struck by the firearm’s firing mechanism;

(ii) A firearm that is prone to accidental discharge which, for purposes of this clause, shall mean any make and model of firearm for which a sample of 5 firearms in new condition all undergo, and none discharge during, the following test: each of the 5 sample firearms shall be: (A) test loaded; (B) set so that the firearm is in a condition such that pulling the trigger and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure would fire the firearm; and (C) dropped onto a solid slab of concrete from a height of one meter from each of the following positions: (1) normal firing position; (2) upside down; (3) on grip; (4) on the muzzle; (5) on either side; and (6) on the exposed hammer or striker or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is designed so that its hammer or striker may be set in other positions, each sample firearm shall be tested as above with the hammer or striker in each such position but otherwise in such condition that pulling the trigger, and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may use additional sample firearms of the same make and model, in a similar condition, for the test of each of these hammer striker settings.

(iii) A firearm that is prone to (A) firing more than once per pull of trigger; or (B) explosion during firing.

(iv) The firearm has a barrel less than 3 inches in length, unless the licensee discloses in writing, prior to the transaction, to the prospective buyer, lessee or transferee the limitations of the accuracy of the particular make and model of the subject firearm, by disclosing the make and model’s average group diameter test result at 7 yards, average group diameter test result at 14 yards and average group diameter test result at 21 yards. For purpose of this clause, “average group diameter test result” shall mean the arithmetic mean of three separate trials, each performed as follows on a different sample firearm in new condition of the make and model at issue. Each firearm shall fire 5 rounds at a target from a set distance and the largest spread in inches between the centers of any of the holes made in the test target shall be measured and recorded. This procedure shall be repeated 2 more times on the firearm. The arithmetic mean of each of the 3 recorded results shall be deemed the result of the trial for that particular sample firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual, if none is recommended, any standard ammunition of the correct caliber in new condition.

(b) This section shall not apply to (i) a firearm lawfully owned or possessed under a license issued under this chapter on or before October 21, 1998; (ii) a stun gun; or (iii) a firearm designated by the secretary of public safety, with the advice of the firearm control advisory board, established pursuant to section 128, as a firearm solely designed and sold for formal target shooting competition or for Olympic shooting competition and listed on the rosters therefor pursuant to section 128A.

(c) Any licensee and any employee or agent of such a licensee who violates this section shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than 10 years, or by both such fine and imprisonment.

SECTION 48. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 126 and inserting in place thereof the following 4 sections:-

Section 126. (a) Any person applying for the issuance of a firearms license or permit under sections 124 to 124B, inclusive, shall, in addition to the requirements set forth in this chapter, submit to the licensing authority a basic firearms safety certificate; provided, however, that a certificate issued under section 14 of chapter 131 evidencing satisfactory completion of a hunter education course shall serve as a valid substitute for a basic firearms safety certificate required under this section for the issuance of a long gun permit. Persons lawfully possessing a firearm identification card or license to carry firearms on June 1, 1998, shall be exempt from the provisions of this section upon expiration of such card or license and when applying for licensure as required under this chapter. No application for the issuance of a long gun permit or license to carry shall be accepted or processed by the licensing authority without such certificate attached thereto; provided, however, that the provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state of the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of their duties.

(b) The colonel of state police, in consultation with the municipal police training committee, shall promulgate rules and regulations governing the issuance and form of basic firearms safety certificates required by this section, including minimum requirements for course curriculum and the contents of any written examination. The colonel shall create a written examination and establish minimum requirements to pass said examination which shall be used in all firearm safety courses or programs mandated under this section. The colonel shall further certify certain persons as firearms safety instructors, certify safety course curriculum and annually update and post on its website a list of approved instructors. Certification as a firearm safety instructor shall be valid for a period of 10 years, unless sooner revoked by reason of unsuitability, in the discretion of said colonel. The department of state police may impose a fee of $50 for initial issuance of such certification to offset the cost of certifying instructors. The fee for certification renewal shall be $10. Firearms safety instructors shall be any person certified by a nationally recognized organization that fosters safety in firearms, or any other person in the discretion of said colonel, to be competent to give instruction in a basic firearms safety course. Applicants for certification as instructors under this section shall not be exempt from the requirements of this chapter or any other law or regulation of the commonwealth or the United States. Upon application to the colonel of state police, said colonel may, in their discretion, certify as a firearms safety instructor any person who operates a firearms safety course or program which provides in its curriculum: (a) the safe use, handling and storage of firearms; (b) methods for securing and childproofing firearms; (c) the applicable laws relating to the possession, transportation and storage of firearms; (d) knowledge of operation, potential dangers and basic competency in the ownership and use of firearms; (e) injury prevention and harm reduction education; (f) active shooter and emergency response training; (g) applicable laws relating to the use of force; (h) de-escalation and disengagement tactics; and (i) live firearms training.

(c) Any firearms safety instructor certified under this section may, in their discretion, issue a basic firearms safety certificate to any person who successfully completes the requirements of a basic firearms safety course approved by the colonel. No firearms safety instructor shall issue or cause to be issued any basic firearms safety certificate to any person who fails to meet minimum requirements of the prescribed course of study including, but not limited to, demonstrated competency in the use of firearms through class participation, satisfactory completion of the written examination as prescribed by the colonel and live firearms training. Instructors certified under this section shall forward to the department of criminal justice information services copies of basic firearms safety course certificates issued, which shall include a certification of each person’s satisfactory completion of the basic firearms safety course and competency in the ownership and use of firearms. Upon receipt the department of criminal justice information services shall forward a copy of such certificate to the participant. Licensing authorities shall require a copy of such certificate to be provided concurrently with an application for a firearms license or permit and may make inquiry to the department of criminal justice information services to confirm the issuance to the applicant of a basic firearms safety certificate.

(d) Any person applying for licensure pursuant to this chapter who knowingly files or submits a basic firearms safety certificate to a licensing authority which contains false information shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not more than 2 years in a house of correction, or by both such fine and imprisonment.

(e) Any firearms safety instructor who knowingly issues a basic firearms safety certificate to a person who has not successfully completed a firearms safety course approved by the colonel shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than 2 years in a house of correction, or by both such fine and imprisonment.

(f) The colonel of state police shall produce and distribute public service announcements to encourage and educate the general public about: (i) safe storage and transportation of weapons as outlined in sections 126B and 126C; and (ii) the importance of firearms safety education and training, including information on places and classes that a person may attend to obtain firearms safety education and training.

Section 126A. (a) Licensing authorities shall participate in training seminars as prescribed by the executive office of public safety and security which shall include, but shall not be limited to, instruction on: (i) current laws, regulations and rules relating to this chapter; (ii) licensing responsibilities; (iii) record keeping obligations; (iv) firearm surrender, registration and tracing; and (iv) electronic database use. Regulations prescribed by the executive office of public safety and security may include penalties for non-compliance which may include review by the Massachusetts Peace Officers Standards and Training (POST) Commission.

(b) Any person making an application for the issuance of a license to sell or renewal therefor under section 125 shall, in addition to the requirements set forth in this chapter, complete a dealer training program developed and offered online by the executive office of public safety and security. No application for the issuance of a license to sell shall be accepted or processed by the licensing authority without a certification of program completion.

(c) The curriculum for the dealer training program shall include (i) uniform standards of security for business premises, (ii) employee background check and training requirements, and (iii) information on requirements and conditions contained in sections 122 to 130E, inclusive, and other laws the executive office, in their discretion, deems relevant.

(d) The executive office of public safety and security shall promulgate rules and regulations in accordance with this section.

Section 126B. (a) No person shall possess a loaded firearm under a license or permit issued under sections 124 to 125B, inclusive, or through an exemption under sections 127 or 127A, in a vehicle unless the firearm is under the direct control of the person. Whoever violates this subsection shall be punished by a fine of $500.

(b) No person shall possess a large capacity firearm or machine gun under a license or permit issued under sections 124 to 125B, inclusive, or through an exemption under sections 127 or 127A, in a vehicle unless it is unloaded and secured in a locked container as defined in section 121. Whoever violates this subsection shall be punished by a fine of not less than $500 nor more than $5,000.

(c) This section shall not apply to: (i) an officer, agent or employee of the commonwealth, any state or the United States; (ii) a member of the military or other service of any state or of the United States; (iii) a duly authorized law enforcement officer, agent or employee of a municipality of the commonwealth; provided, however, that a person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of the person's official duties.

(d) A conviction of a violation of this section shall be reported immediately by the court or magistrate to the issuing licensing authority. The licensing authority shall immediately revoke the license or permit of the person convicted of a violation of this section. No new license or permit may be issued to a person convicted of a violation of this section until 1 year after the date of revocation of the license or permit.

Section 126C. (a) It shall be unlawful to store or keep any firearm in any place unless such firearm is secured in a locked container as defined in section 121 or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such firearm shall not be deemed stored or kept if carried by or under the direct control of the owner or other lawfully authorized user.

(b) A violation of this section shall be punished, in the case of any firearm that is not a large capacity firearm or a machine gun, by a fine of not less than $1,000 nor more than $7,500 or by imprisonment for not more than 1 ½ years or by both such fine and imprisonment and, in the case of a large capacity firearm or machine gun, by a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not less than 1 ½ years nor more than 12 years or by both such fine and imprisonment.

(c) A violation of this section shall be punished, in the case of a common long gun that was stored or kept in a place where a person younger than 18 years of age who does not possess a valid long gun permit issued under section 124A may have access without committing an unforeseeable trespass, by a fine of not less than $2,500 nor more than $15,000 or by imprisonment for not less than 1 ½ years nor more than 12 years or by both such fine and imprisonment.

(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity firearm or a semiautomatic firearm, or any other firearm that was stored or kept in a place where a person younger than 18 years of age may have access without committing an unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by imprisonment for not less than 4 years nor more than 15 years or by both such fine and imprisonment.

(e) A violation of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a firearm, unless such person possessed a valid long gun permit issued under section 124A and was permitted by law to possess such firearm, and such access results in the personal injury to or the death of any person.

SECTION 48. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 127 and inserting in place thereof the following 3 sections:-

Section 127. (a) Possession of a firearm or ammunition for a particular purpose and limited time without being duly licensed or permitted under sections 124 to 125B, inclusive, is permitted by:

(i) a person voluntarily surrendering the firearm or ammunition to a licensing authority pursuant to section 123D or to the colonel of the state police pursuant to section 121C;

(ii) a resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any new resident moving to the commonwealth, only with respect to any firearm or ammunition then in their possession prior to moving or return, for 60 days after such return or entry into the commonwealth; or

(iii) an heir or devisee upon the death of the legal owner of the firearm or ammunition for not more than 60 days after said firearm or ammunition is transferred into their possession and who shall also be permitted to sell or otherwise transfer said firearm or ammunition to a duly licensed person within this time period pursuant to section 127B.

(b) Possession of a firearm or ammunition while under direct supervision of an individual licensed under section 124 to 125B, inclusive, and only for a particular purpose and limited time without being duly licensed or permitted under said sections 124 to 125B, inclusive, is permitted by:

(i) a retail customer for the purpose of firing at duly licensed target concessions at amusement parks, piers and similar locations; provided, that the firearms to be so used are firmly chained or affixed to the counter and are under the direct supervision of a duly licensed or permitted proprietor or employee thereof;

(ii) a professional photographer or writer for examination purposes while in the pursuit of their profession or during the course of any television, movie, stage or other similar theatrical production; provided, however, that they are at all times under the immediate supervision of a holder of a license to carry or, in the case of common long guns only, a long gun permit;

(iii) a person within the course of any television, movie, stage or similar theatrical production while under the immediate supervision of a person licensed to carry firearms and only in regard to the possession of a firearm and blank ammunition; or

(iv) a person in the presence of a holder of the necessary license or permit for the purpose of examination, trial or instruction.

(c) Common carriers and their duly authorized employees and agents, may possess non large capacity firearms and ammunition therefor while performing the regular and ordinary transport of firearms as merchandise for customers duly licensed to permit such transport so long as they abide by all storage and transportation requirements set forth in section 126B and 126C.

(d) Notwithstanding section 130E, banks or institutional lenders and their duly authorized employees and agents, may possess and transfer non large capacity firearms and ammunition therefor as collateral for a secured commercial transaction or as a result of a default thereof.

(e) Other organizations and their duly authorized employees and agents, may purchase, transfer and possess non large capacity firearms and ammunition therefor for a particular purpose and limited time without being duly licensed or permitted under this chapter if they are a:

(i) federally licensed firearms manufacturer or wholesale dealer or their employees or agents may possess firearms and ammunition therefor when their possession is necessary for manufacture, display, storage, transport, installation, inspection, or testing; or

(ii) federal, state and local historical societies, museums, and institutional collections open to the public may possess firearms and ammunition therefor, provided such firearms are unloaded and properly housed and secured from unauthorized handling and further provided that the requirements for sales in section 127B are met, or

(iii) a veteran’s organization chartered by the congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the internal revenue service and its members may possess firearms and ammunition therefore; provided, however, that only unloaded large capacity rifles or shotguns or the same firearms when loaded with blank cartridges which contain no projectile within the blank or the bore or chamber may be possessed and provided that all possession by members is limited to when on official parade duty or ceremonial occasions.

(f) A person in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction, may purchase, sell, or otherwise transfer and possess non-large capacity firearms and ammunition therefor without being duly licensed or permitted under this chapter while in the performance of their official duty or when duly authorized to possess them by their employing agency; provided, however, that the requirements for sales in section 127B are met. Upon purchase, a person exempted under this subsection shall submit to the seller full and clear proof of identification, including shield number, serial number, military or governmental order or authorization, military or other official identification, as applicable.

(g) A person may furnish a minor under the age of 18 with a firearm for hunting, instruction, recreation and participation in shooting sports the appropriate firearms license or permit, or a duly commissioned officer, noncommissioned officer or enlisted member of the United States army, navy, marine corps, air force or coast guard, or the national guard or military service of the commonwealth or reserve components thereof, while in performance of their duty.

(h) No license or permit under this chapter shall be required for a legal resident of the commonwealth over the age of 18 to carry or possess:

(1) a firearm known as a detonator and commonly used on vehicles as a signaling and marking device and only when carried or possessed for such purposes; or

(2) any device used exclusively for signaling or distress use and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, or for the firing of stud cartridges, explosive rivets or similar industrial ammunition.

(i) Nothing in this section shall supersede the firearm reporting, registration and serialization requirements outlined in this chapter.

Section 127A. (a) A nonresident who is at least 18 years of age may possess common long guns and ammunition therefor for the purposes provided in subsection (b) if the nonresident has a permit or license issued from their state of residence which has substantially similar requirements to those of the commonwealth for a long gun permit as determined by the colonel of the state police pursuant to paragraph (f).

(b) A nonresident who is at least 18 years of age may also possess common long guns and ammunition therefor: (i) to hunt during hunting season with a nonresident hunting license or a hunting license or permit lawfully issued from their state of residence which has substantially similar requirements to those in section 11 of chapter 131; (ii) while on a firing or shooting range; (iii) while traveling in or through the commonwealth, provided that they are unloaded and secured in a locked container in accordance with sections 126B and 126C; or (iv) while at a firearm showing or display organized by a regularly existing gun collectors’ club or association.

(c) A nonresident who is at least 18 years of age may possess a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person has a permit or license to carry firearms issued from their state of residence which has substantially similar requirements to those of the commonwealth for a license to carry as determined by the colonel of the state police pursuant to paragraph (f); provided, however, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, they also have on their person a hunting or sporting license issued by the commonwealth or by their destination state.

(d) A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth, provided, however, that the firearm may not leave the vehicle and if the firearm is outside its owner’s direct control it must be stored in accordance with sections 126B and 126C in the vehicle.

(e) Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms that are not assault-style firearms, as described in this section.

(f) The colonel of the state police shall determine those states with substantially similar requirements to those of the commonwealth for a long gun permit, license to carry or hunting license and shall annually publish a list of those states whose requirements comply with this section.

Section 127B. (a) A person with a license to carry under section 124 may sell or transfer firearms and ammunition therefor and a person with a long gun permit under section 124A may sell or transfer common long guns and ammunition therefor to a person with a license to sell issued under section 125, a federally licensed firearms dealer, or a federal, state or local historical society, museum or institutional collection open to the public, without an annual limit on transfers.

(b) A person with a license to carry may sell or transfer firearms and ammunition therefor and a person with a long gun permit may sell or transfer common long guns and ammunition therefor; provided, however, that no more than 4 firearm transfers occur per calendar year, to:

(i) a person with a license to carry under section 124;

(ii) an exempted person if permitted under section 127 or 127A; and

(iii) a person with a long gun permit under section 124A; provided, however, that for transfers and purchases of firearms that are not common long guns, the transferee must also have a valid permit to purchase under section 124C.

(c) An heir or devisee upon the death of a firearm owner, a person in the military, police officers and other peace officers, a veteran’s organization and historical society, museums and institutional collections open to the public may:

(i) sell or transfer firearms and ammunition therefor, to a federally licensed firearms dealer, or a federal, state or local historical society, museum or institutional collection open to the public; and may:

(ii) sell or transfer no more than 4 firearms and ammunition therefor per calendar year to: (A) a person with a license to carry under section 124; (B) an exempted person under section 127 or 127A; or (C) to a person with a long gun permit under section 124A; provided, however, that for transfers and purchases of firearms that are not common long guns, the transferee must also have a valid permit to purchase under section 124C.

(d) A person with a license to carry under section 124 may purchase or transfer firearms and ammunition therefor from a dealer licensed under section 125 or a person permitted to sell under section 127B.

(e) A person with a long gun permit under section 124 who is over 18 years of age may purchase or transfer common long guns and ammunition therefor from a dealer licensed under section 125 or a person permitted to sell under section 127B; provided, however, that if the permittee also holds a permit to purchase under section 124B the purchase or transfer of firearms and ammunition may be permitted.

(f) The holder of a permit to purchase under section 127B may purchase or transfer firearms and ammunition from a dealer licensed under section 125; provided, however that the permit-holder also holds a license or permit under sections 124 or 124B.

(g) A bona fide collector of firearms may purchase a firearm that was not previously owned or registered in the commonwealth from a dealer licensed under section 125 if it is a curio or relic firearm as defined in section 121.

(h) All purchases, sales or transfers of a firearm permitted under this section shall, prior to or at the point of sale, be conducted over the electronic firearms registration system pursuant to section 122. The department of criminal justice information services shall require each person selling or transferring a firearm pursuant to this section to electronically provide, through the portal, such information as is determined to be necessary to verify the identification of the seller and purchaser and ensure that the sale or transfer complies with this section. Upon submission of the required information, the portal shall automatically review such information and display a message indicating whether the seller may proceed with the sale or transfer and shall provide any further instructions for the seller as determined to be necessary by the department of criminal justice information services. The electronic firearms registration system shall keep a record of any sale or transfer conducted pursuant to this section and shall provide the seller and purchaser with verification of such sale or transfer.

SECTION 49. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 128 and inserting in place thereof the following section:-

Section 128. There shall be a firearm control advisory board, within the executive office of public safety and security, hereinafter referred to as the board, comprised of 7 members: the director of the firearms record bureau within the department of criminal justice information services or designee, who shall serve as chair; the attorney general or designee; 1 member appointed by the speaker of the house of representatives; 1 member appointed by the president of the senate; 2 members appointed by the governor, 1 of whom shall be a member of the gun owners action league and 1 of whom shall be a police chief selected from a list of four chiefs provided by the Massachusetts chiefs of police association; and the armorer of the department of state police or designee.

It shall be the responsibility of the board to advise the executive office of public safety and security on matters relating to firearm control provisions of this chapter, including but not limited to consulting with the executive office of public safety on the development of the firearm rosters outlined in section 128A. The board shall also advise the executive office of public safety and security on training needs and materials for licensing authorities and licensees. The board shall serve without compensation; provided, however, that members shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. The executive office of public safety and security in consultation with the board shall adopt operating rules and procedures for its organization and activities.

SECTION 50. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 128A and inserting in place thereof the following section:-

Section 128A. The secretary of public safety and security shall, with the advice of the firearm control advisory board established pursuant to section 128, compile and publish a roster of assault-style firearms banned under section 128B and a roster of firearms approved for sale and use in the commonwealth using the parameters set forth in section 125C. The secretary shall, not less than three times annually, review, update, and publish the rosters online, and send a copy to all persons licensed in the commonwealth pursuant to section 125. Licensing authorities shall provide information on these rosters to all permitholders and licensees upon initial issuance and every renewal.

The secretary, with the advice of the firearm control advisory board, shall also compile and publish a roster of firearms solely designed and sold for formal target shooting competitions or Olympic shooting competitions. The board shall, not less than biannually, review, update and publish these rosters and make them available for distribution.

The secretary may amend any roster upon their own initiative. A person may petition the secretary to place a firearm on, or remove a firearm from, the roster, subject to the provisions of this section. A petition to amend a roster shall be submitted in writing to the secretary, in the form and manner prescribed by the secretary, and include reasons why the roster should be amended. Upon receipt of a petition to amend a roster, the secretary shall, within 45 days, either notify the petitioner that the petition is denied or modify the roster. An addition to the roster shall be effective on the date it is published online by the board.

SECTION 51. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 128B and inserting in place thereof the following 2 sections:-

Section 128B. No person shall possess, own, offer for sale, sell or otherwise transfer in the commonwealth or import into the commonwealth an assault-style firearm, or a large capacity feeding device as defined in section 121.

This section shall not apply to an assault-style firearm lawfully possessed within the commonwealth on August 1, 2024, by an owner in possession of a license to carry issued under section 124, or by a holder of a license to sell under section 125; provided, that the assault-style firearm is registered serialized in accordance with sections 122 and 122A, respectively.

This section shall not apply to large capacity feeding devices lawfully possessed on September 13, 1994 only if such possession is: (i) on private property owned or legally controlled by the person; (ii) on private property that is not open to the public with the express permission of the owner or owner’s authorized agent; (iii) while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair; (iv) at a licensed firing range or sports shooting competition venue; or (v) while traveling to and from these locations; provided, that the large capacity feeding device is stored unloaded and secured in a locked container in accordance with section 126B and 126C. A person authorized under this chapter to possess a large capacity feeding device may only transfer the device to an heir or devisee, a person residing outside the commonwealth, or a licensed dealer.

Whoever violates this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more than 15 years, or by both such fine and imprisonment.

This section shall not apply to transfer or possession by: (i) qualified law enforcement officers and qualified retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004,18 U.S.C. sections 926B and 926C, respectively, as amended; (ii) a federal, state or local law enforcement agency; or (iii) federally licensed manufacturers solely for sale or transfer in another state or for export.

Section 128C. No person shall knowingly possess, own, sell, offer for sale, transfer, manufacture, assemble, repair or import any firearm capable of discharging a bullet or shot that is a covert firearm, a deceptive firearm device, or an undetectable firearm all as defined in section 121. Whoever violates this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than 5 years nor more than 15 years, or by both such fine and imprisonment.

SECTION 52. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 129 and inserting in place thereof the following section:-

Section 129. Any firearm sold within the commonwealth without a safety device designed to prevent the discharge of such firearm by unauthorized users and approved by the colonel of state police including, but not limited to, mechanical locks or devices designed to recognize and authorize, or otherwise allow the firearm to be discharged only by its owner or authorized user, by solenoid use-limitation devices, key activated or combination trigger or handle locks, radio frequency tags, automated fingerprint identification systems or any other biometric means, provided, that such device is commercially available, shall be defective and the sale of such a firearm shall constitute a breach of warranty under section 2–314 of chapter 106 and an unfair or deceptive trade act or practice under section 2 of chapter 93A. Any entity responsible for the manufacture, importation or sale as an inventory item or consumer good, both as defined in section 9–102 of chapter 106, of such a firearm that does not include or incorporate such a device shall be individually and jointly liable to any person who sustains personal injury or property damage resulting from the failure to include or incorporate such a device. If death results from such personal injury, such entities shall be liable in an amount including, but not limited to, that provided under chapter 229. Contributory or comparative negligence shall not be valid defenses to an action brought under this section in conjunction with section 2 of chapter 93A or section 2–314 of chapter 106 or both; provided, however, that nothing herein shall prohibit such liable parties from maintaining an action for indemnification or contribution against each other or against the lawful owner or other authorized user of said firearm. Any disclaimer, limit or waiver of the liability provided under this section shall be void.

No entity responsible for the manufacture, importation or sale of such a firearm shall be liable to any person for injuries caused by the discharge of such firearm that does not include or incorporate a safety device as required under this section if such injuries were: (i) self-inflicted, either intentionally or unintentionally, unless such injuries were self-inflicted by a person less than 18 years of age; (ii) inflicted by the lawful owner or other authorized user of said firearm; (iii) inflicted by any person in the lawful exercise of self-defense; or (iv) inflicted upon a co-conspirator in the commission of a crime.

This section shall not apply to any firearm distributed to an officer of any law enforcement agency or any member of the armed forces of the United States or the organized militia of the commonwealth; provided, however, that such person is authorized to acquire, possess or carry such a firearm for the lawful performance of his official duties; and provided further, that any such firearm so distributed is distributed solely for use in connection with such duties.

SECTION 53. Said chapter 140 of the General Laws, as so appearing, is hereby amended inserting, after Section 129A, the following section:-

Section 129B. (a) Whoever licensed under section 125 sells or furnishes a firearm or ammunition therefor to any person without a firearms license or permit shall have their license to sell 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 house of correction for not more than 2 ½ years or by both such fine and imprisonment; provided, however, that a valid permit to purchase issued under section 124C may permit certain firearm transfers to persons over 18 years of age.

(b) Any person who, without being licensed under section 125 or exempt as provided under this chapter sells, rents, leases or otherwise transfers a firearm, or is engaged in business as a gunsmith, shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment.

(c) Whoever not being licensed under section 125 or exempt as provided under this chapter sells ammunition within the commonwealth shall be punished by a fine of not less than $500 nor more than $1,000 dollars or by imprisonment for not less than 6 months nor more than 2 years.

(d) A person who uses a license to carry firearms, a long gun permit or a permit to purchase a firearm or ammunition for the unlawful use of another or for resale or transfer to an unlicensed person shall be punished by a fine of not less than $1,000 nor more than $50,000 or by imprisonment for not less than 2 ½ years nor more than 10 years in a state prison or by both such fine and imprisonment. A conviction of this offense shall be immediately reported by the court to the licensing authority that issued the license or permit. Said licensing authority shall immediately revoke the license or permit pursuant to section 123C and no license or permit shall be issued to a person so convicted within 2 years after the date of the revocation of the license or permit.

(e) Evidence that a person sold or attempted to sell a machine gun shall constitute prima facie evidence that such person is engaged in the business of selling machine guns.

SECTION 54. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 130 and inserting in place thereof the following section:-

Section 130. A certificate by a ballistics expert of the department of the state police or of the city of Boston of the result of an examination made by the expert of an item furnished to the expert by any police officer, signed and sworn to by such expert, shall be prima facie evidence of the expert’s findings as to whether or not the item furnished is a firearm ammunition; provided that in order to qualify as an expert under this section the expert shall have previously qualified as an expert in a court proceeding.

SECTION 55. Said chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after section 130A the following 4 sections:-

Section 130B. If there is exposed from, maintained in or permitted to remain on any vehicle or premises any placard, sign or advertisement purporting or designed to announce that firearms are kept in or upon such vehicle or premises or that an occupant of any vehicle or premises is a gunsmith, it shall be prima facie evidence that firearms are kept in or upon such vehicle or premises for sale or that the occupant is engaged in business as a gunsmith.

Section 130C. Whoever falsely makes, alters, forges or counterfeits or procures or assists another to falsely make, alter, forge or counterfeit any license or permit issued under sections 124 to 125B, inclusive, or whoever forges or without authority uses the signature, facsimile of the signature, or validating signature stamp of the licensing authority or its designee, or whoever possesses, utters, publishes as true or in any way makes use of a falsely made, altered, forged or counterfeited license or permit issued under sections 124 to 125B, inclusive, shall be punished by imprisonment in a state prison for not more than 5 years or in a jail or house of correction for not more than 2 years, or by a fine of not less than $500, or both such fine and imprisonment.

Section 130D. Whoever in purchasing, renting or otherwise procuring a firearm, feeding device or ammunition in making application for any form of license or permit issued in connection therewith, or in requesting that work be done by a gunsmith, gives a false or fictitious name or address or knowingly offers or gives false information concerning the date or place of birth, citizenship or residency status, occupation, or criminal record, shall for the first offense be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment for not more than 1 year, or both; and for a second or subsequent offense, shall be punished by imprisonment for not less than 2 ½ years nor more than 5 years in the state prison.

Section 130E. Whoever loans money secured by mortgage, deposit or pledge of a firearm shall be punished by a fine of not more than $500 or by imprisonment for not more than 1 year, or by both; provided, however that nothing herein shall prohibit a bank or other institutional lender from loaning money secured by a mortgage, deposit, or pledge of a firearm to a manufacturer, wholesaler, or dealer of firearms. Subsection (g) of section 125A shall not be applicable to any such mortgage, deposit or pledge unless or until the lender takes possession of the collateral upon default or the collateral is removed from the premises of the debtor.

SECTION 56. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131 and inserting in place thereof the following section-

Section 131. (a) A petitioner who believes that a person holding a firearms license or permit may pose a risk of causing bodily injury to self or others may, on a form furnished by the court and signed under the pains and penalties of perjury, file a petition in court.

(b) A petition filed pursuant to this section shall:

(i) state any relevant facts supporting the petition;

(ii) identify the reasons why the petitioner believes that the respondent poses a risk of causing bodily injury to self or others by having in the respondent's control, ownership or possession a firearm or ammunition;

(iii) identify the number, types and locations of any firearms or ammunition the petitioner believes to be in the respondent's current control, ownership or possession;

(iv) identify whether there is an abuse prevention order pursuant to chapter 209A, a harassment prevention order pursuant to chapter 258E or an order similar to an abuse prevention or harassment prevention order issued by another jurisdiction in effect against the respondent; and

(v) identify whether there is a pending lawsuit, complaint, petition or other legal action between the parties to the petition.

(c) No fees for filing or service of process may be charged by a court or any public agency to a petitioner filing a petition pursuant to this section.

(d) The petitioner's residential address, residential telephone number and workplace name, address and telephone number, contained within the records of the court related to a petition shall be confidential and withheld from public inspection, except by order of the court; provided, however, that the petitioner's residential address and workplace address shall appear on the court order and shall be accessible to the respondent and the respondent's attorney unless the petitioner specifically requests, and the court orders, that this information be withheld from the order. All confidential portions of the records shall be accessible at all reasonable times to the petitioner and the petitioner's attorney, the licensing authority of the municipality where the respondent resides and to law enforcement officers, if such access is necessary in the performance of their official duties. Such confidential portions of the court records shall not be deemed to be public records under clause 26 of section 7 of chapter 4.

(e) The court may order that any information in the petition or case record be impounded in accordance with court rule.

(f) Upon receipt of a petition under this section and if the petitioner is a family or household member as defined in section 121, the clerk of the court shall provide to the petitioner and respondent informational resources about: (i) crisis intervention; (ii) mental health; (iii) substance use disorders; (iv) counseling services; and (v) the process to apply for a temporary commitment under section 12 of chapter 123.

SECTION 57. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131A and inserting in place thereof the following section:

Section 131A. (a) The court shall, within 10 days of receipt of a petition pursuant to section 131, conduct a hearing on the petition. Upon receipt of the petition, the court shall issue a summons with the date, time and location of the hearing. The court shall direct a law enforcement officer to personally serve a copy of the petition and the summons on the respondent or, if personal service by a law enforcement officer is not possible, the court may, after a hearing, order that service be made by some other identified means reasonably calculated to reach the respondent. Service shall be made not less than 7 days prior to the hearing.

(b) Notwithstanding subsection (a), the court shall, within 2 days of receipt of a petition made pursuant to section 131, conduct a hearing on the petition if the respondent files an affidavit that a firearm or ammunition is required in the performance of the respondent's employment.

(c)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court finds by a preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or others by having in the respondent's control, ownership or possession a firearm or ammunition, the court shall grant the petition. If the respondent does not appear at the hearing pursuant to subsection (a) or subsection (b), the court shall grant the petition upon a determination that the petitioner has demonstrated by a preponderance of the evidence that the respondent poses such a risk.

(2) Upon granting a petition, the court shall issue an extreme risk protection order and shall order the respondent to surrender any firearms licenses and permits and all firearms and ammunition which the respondent then controls, owns or possesses to the licensing authority of the municipality where the respondent resides. The court shall enter written findings as to the basis of its order within 24 hours of granting the order. The court may modify, suspend or terminate its order at any subsequent time upon motion by either party; provided, however, that due notice shall be given to the respondent and petitioner, and the court shall hold a hearing on said motion. When the petitioner's address is confidential to the respondent as provided in subsection (d) of section 131 and the respondent has filed a motion to modify the court's order, the court shall be responsible for notifying the petitioner. In no event shall the court disclose any such confidential address.

(3) Not less than 30 calendar days prior to the expiration of an extreme risk protection order, the court shall notify the petitioner at the best-known address of the scheduled expiration of the order and that the petitioner may file a petition to renew the order pursuant to section 131.

(d)(1) If after the hearing pursuant to subsection (a) or subsection (b), the court has probable cause to believe that the respondent has access to a firearm or ammunition, on their person or in an identified place, and the respondent fails to surrender any firearms within 24 hours, the court shall issue a warrant identifying the property, naming or describing the person or place to be searched, and commanding the appropriate law enforcement agency to search the person of the respondent and any identified place and seize any firearm or ammunition found to which the respondent would have access.

(2) The court may issue additional warrants to seize firearms if the court determines there is probable cause to believe that the respondent has retained, acquired, or gained access to a firearm or ammunition while an order under this section remains in effect.

(3) Upon execution of the extreme risk protection order warrant, the law enforcement agency conducting the search shall issue a receipt identifying any firearm or ammunition seized. The law enforcement agency shall provide a copy of the receipt to the respondent. The licensing authority shall then, within 48 hours of the search, return the warrant to the court with the original receipt. If the law enforcement agency executing the warrant and the licensing authority for the municipality where the respondent resides are different, the law enforcement agency shall remit to the licensing authority a copy of the receipt along with any seized items, and shall file with its warrant and receipt a certification signed by both the law enforcement agency and the licensing authority that the seized items were delivered to and accepted by the licensing authority. The licensing authority shall store the seized items with any items surrendered in accordance with subsection (f).

(e) Upon issuing an extreme risk protection order the clerk-magistrate of the court shall transmit 2 certified copies of the order and 1 copy of the petition and summons forthwith to the licensing authority of the municipality where the respondent resides which, unless otherwise ordered by the court, shall serve a copy of the order and petition upon the respondent. If an extreme risk protection order warrant has been issued, the court shall submit 2 certified copies of the warrant, 1 copy of the petition and summons and 1 copy of the extreme risk protection order to the appropriate law enforcement agency for execution. Licensing authorities and law enforcement agencies shall establish adequate procedures to ensure that, when effecting service upon a respondent or executing a warrant, a law enforcement officer shall, to the extent practicable: (i) fully inform the respondent of the contents and terms of the order or warrant and the available penalties for any violation of an order; and (ii) provide the respondent with informational resources, including, but not limited to, a list of services relating to crisis intervention, mental health, substance use disorders and counseling, and a list of interpreters, as necessary, located within or near the court's jurisdiction. The chief justice of the trial court, in consultation with the executive office of public safety and security, and the department of mental health, shall annually update the informational resource guides required under this section.

Each extreme risk protection order issued by the court shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.

(f) Upon receipt of service of an extreme risk protection order, the licensing authority of the municipality where the respondent resides shall immediately suspend the respondent's firearms license or permit and shall immediately notify the respondent of said suspension.

Upon receipt of service of an extreme risk protection order the respondent shall immediately surrender their firearms license or permit and all firearms or ammunition in their control, ownership or possession to the local licensing authority serving the order, in accordance with section 123D; provided, however, that nothing in this section or in said section 123D shall allow the respondent to: (i) transfer any firearms or ammunition required to be surrendered, or surrendered, by the respondent to anyone other than a licensed dealer; or (ii) maintain control, ownership or possession of any firearms or ammunition during the pendency of any appeal of an extreme risk protection order; provided, however, that while the surrender of ownership pursuant to an extreme risk protection order shall require the immediate surrender of any firearms license or permit and all firearms or ammunition in the respondent's control or possession, it shall not require the surrender of permanent ownership rights; and provided further that, notwithstanding section 123D, if the licensing authority cannot reasonably ascertain a lawful owner of firearms or ammunition surrendered pursuant to extreme risk protection order within 180 days of the expiration or termination of the extreme risk protection order, the licensing authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms or ammunition to properly licensed distributors or firearms dealers and the proceeds of such sale or transfer shall be remitted or credited to the municipality in which the licensing authority presides to be used for violence reduction or suicide prevention. A violation of this subsection shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in a house of correction or by both such fine and imprisonment.

(g) Upon receipt of a firearms license or permit and any firearms or ammunition surrendered by a respondent pursuant to subsection (f) or seized pursuant to subsection (d), the licensing authority taking possession of the firearms license or permit and firearms or ammunition shall issue a receipt identifying any firearms license or permit and all firearms or ammunition surrendered or seized and shall provide a copy of the receipt to the respondent. The licensing authority shall, within 48 hours of the surrender or 48 hours of receipt after seizure, file the receipt with the court.

(h) If a person other than the respondent claims title to any firearms or ammunition required to be surrendered, or seized pursuant to this section, and is determined by the licensing authority to be the lawful owner of the firearms or ammunition, the firearms, feeding devices or ammunition shall be returned to the person; provided, however, that: (i) the firearms or ammunition are removed from the respondent's control, ownership or possession and the lawful owner agrees to store the firearms or ammunition in a manner such that the respondent does not have access to, or control of, the firearms or ammunition; and (ii) the firearms or ammunition are not otherwise unlawfully possessed by the owner. A violation of this subsection shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in a house of correction or by both such fine and imprisonment.

(i) Upon the expiration or termination of an extreme risk protection order, a licensing authority holding any firearms or ammunition that have been surrendered or seized pursuant to this section shall return any firearms license or permit and all firearms or ammunition requested by a respondent only after the licensing authority of the municipality in which the respondent resides confirms that the respondent is suitable for a firearms license or permit and to control, own or possess firearms or ammunition under federal and state law.

Not less than 7 days prior to the expiration of an extreme risk protection order, a licensing authority holding any firearms or ammunition that have been surrendered pursuant to this section shall notify the petitioner of the expiration of the extreme risk protection order and the return of a firearms license or permit and the return of any firearms or ammunition to the respondent.

As soon as reasonably practicable after receiving notice of the termination of an extreme risk protection order by the court, a licensing authority holding any firearms or ammunition that have been surrendered pursuant to this section shall notify the petitioner of the termination of the extreme risk protection order and the return of a firearms license or permit and the return of any firearms or ammunition to the respondent.

(j) A respondent who has surrendered a firearms license or permit and all firearms or ammunition to a licensing authority, or who had any firearms or ammunition seized by a law enforcement agency, and who does not wish to have the firearms license or permit or firearms or ammunition returned or who is no longer eligible to control, own or possess firearms or ammunition pursuant to this chapter or federal law, may sell or transfer title of the firearms or ammunition to a licensed firearms dealer, notwithstanding the limits on private firearm transfers in section 127B; provided, however, that the respondent shall not take physical possession of the firearms or ammunition. The licensing authority may transfer possession of the firearms or ammunition to a licensed dealer upon the dealer providing the licensing authority with written proof of the sale or transfer of title of the firearms or ammunition from the respondent to the dealer.

(k) If the licensing authority cannot reasonably ascertain the lawful owner of any firearms or ammunition surrendered or seized pursuant to this section within 180 days of the expiration or termination of the order to surrender the firearms or ammunition the licensing authority may dispose of the firearms or ammunition pursuant to section 123D.

SECTION 58. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131B and inserting in place thereof the following section:

Section 131B. (a)(1) Upon the filing of a petition pursuant to section 131, the court may issue an emergency extreme risk protection order without notice to the respondent and prior to the hearing required pursuant to subsection (a) of section 131A if the court finds reasonable cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's self or others by being in possession of a firearms license or permit or having in the respondent's control, ownership or possession a firearm or ammunition.

Upon issuance of an emergency extreme risk protection order pursuant to this section, the clerk magistrate of the court shall notify the respondent pursuant to subsection (e) of section 131A. An order issued under this subsection shall expire 10 days after its issuance unless a hearing is scheduled pursuant to subsection (a) or (b) of said section 131A or at the conclusion of a hearing held pursuant to said subsection (a) or (b) of said section 131A unless a permanent order is issued by the court pursuant to subsection (c)(2) of said section 131A.

(2) Upon receipt of service of an extreme risk protection order pursuant to this section, the respondent shall immediately surrender the respondent's firearms license or permit and all firearms or ammunition to the licensing authority serving the order as provided in subsection (f) of section 131A.

(b)(1) If the court has probable cause to believe that the respondent has access to a firearm or ammunition, on his or her person or in an identified place, the court shall concurrently issue a warrant identifying the property, naming or describing the person or place to be searched, and commanding the appropriate law enforcement agency to search the person of the respondent and any identified place and seize any firearm or ammunition found to which the respondent would have access.

(2) The law enforcement agency shall conduct its search and manage any seized property pursuant to (d)(3) of section 131A.

(c) When the court is closed for business, a justice of the court may grant an emergency extreme risk protection order if the court finds reasonable cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's self or others by being in possession of a firearms license or by having in the respondent's control, ownership or possession of a firearm or ammunition, and may issue an extreme risk protection order warrant upon probable cause that the respondent has access to a firearm or ammunition, on their person or in an identified place. In the discretion of the justice, such relief may be granted and communicated by telephone to the licensing authority of the municipality where the respondent resides, which shall record such order or warrant on a form of order or warrant promulgated for such use by the chief justice of the trial court and shall deliver a copy of such order or warrant on the next court business day to the clerk-magistrate of the court. If relief has been granted without the filing of a petition pursuant to section 131, the petitioner shall appear in court on the next available court business day to file a petition. An order or warrant issued under this subsection shall expire at the conclusion of the next court business day after issuance unless a petitioner has filed a petition with the court pursuant to said section 131 and the court has issued an emergency extreme risk protection order pursuant to subsection (a).

SECTION 59. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131C and inserting in place thereof the following section:

Section 131C. On the same day that an extreme risk protection order is issued pursuant to section 131A or section 131B, the clerk magistrate of the court shall forward a copy of the order to: (i) the licensing authority; (ii) the commissioner of probation; (iii) the department of criminal justice information services, which shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the Attorney General of the United States to be included in the National Instant Criminal Background Check System; and (iv) any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms. Upon the expiration or termination of an extreme risk protection order issued pursuant to said section 131A or said section 131B, the clerk magistrate of the court shall notify: (i) the licensing authority; (ii) the commissioner of probation; (iii) the department of criminal justice information services, which shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the Attorney General of the United States to be included in the National Instant Criminal Background Check System; and (iv) any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms that the order has been terminated or has expired.

SECTION 60. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131E and inserting in place thereof the following sections:

Section 131E. A person who files a petition for an extreme risk protection order, knowing the information in the petition to be materially false or with an intent to harass the respondent, shall be punished by a fine of not less than $2,500 and not more than $5,000 or by imprisonment for not more than 2 1/2 years in the house of correction or by both such fine and imprisonment.

SECTION 61. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131F and inserting in place thereof the following section:

Section 131F. The chief justice of the trial court, in consultation with the chief justice of the district court and the chief justice of the Boston municipal court, shall promulgate rules, regulations and policies and shall develop and prepare instructions, brochures, petitions, forms and other material required for the administration and enforcement of sections 131 to 131H, inclusive, which shall be in such form and language to permit a petitioner to prepare and file a petition pro se.

SECTION 62. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131G and inserting in place thereof the following section:

Section 131G. (a) Sections 131 to 131H, inclusive, shall not affect the ability of a law enforcement officer to remove firearms or ammunition from any person or conduct any search and seizure for firearms or ammunition pursuant to other lawful authority.

(b) Nothing in sections 131 to 131H, inclusive, shall supersede or limit a licensing authority's ability to suspend or revoke a license or permit that the licensing authority has issued pursuant to other lawful authority.

(c) Sections 131 to 131H, inclusive, shall not impose any duty on any family or household member; licensed physician, registered nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse specialist, certified psychiatric clinical nurse specialist, licensed psychiatrist, licensed psychologist, licensed mental health counselor, licensed marriage and family therapist, licensed independent clinical social worker, or licensed certified social worker; principal or assistant principal of an elementary school or secondary school, or administrator of a college or university; or (v) employer to file a petition, and the same shall not be held criminally or civilly liable for failure to petition.

(d) The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings had, determinations made, and orders or judgments entered in the court pursuant to section 131A or section 131B. The supreme judicial court or the appeals court, subject to section 13 of chapter 211A may by rule vary the procedure authorized or required for such review upon a finding that the review by the court will thereby be made more simple, speedy and effective.

SECTION 63. Said chapter 140 of the General Laws, as so appearing, is hereby amended by striking out section 131H and inserting in place thereof the following section:

Section 131H. The court shall annually, not later than December 31, issue a report on the use of extreme risk protective orders. The report shall be submitted to the executive office of public safety and security, the chairs of the joint committee on public safety and homeland security, the chairs of the joint committee on the judiciary, the chairs of the joint committee on mental health substance use and recovery, and clerks of the senate and the house of representatives. The report shall include, but shall not be limited to, the following information:

(1) the number of extreme risk protective order petitions filed;

(2) the number of extreme risk protective order petitions that lead to a respondent's surrender pursuant to section 131A;

(3) the number of extreme risk protective order petitions that are heard but not granted;

(4) the number of emergency extreme risk protective order petitions filed;

(5) the number of emergency extreme risk protective order petitions that lead to a respondent's surrender pursuant to 131B;

(6) the number of emergency extreme risk protective order petitions that are heard but not granted;

(7) the number of extreme risk protection order warrants issued;

(8) the number of extreme risk protection order warrants that lead to the seizure of firearms or ammunition;

(9) a breakdown of the types of items surrendered (e.g., firearms license or permit, firearm, or ammunition);

(10) a breakdown of the types of items seized (e.g., firearm or ammunition);

(11) the number of extreme risk protective order or emergency extreme risk protective order petitions filed that are deemed to be fraudulent;

(12) the number of instances in which a petition was found to be fraudulent and the penalties received in each instance;

(13) the race and ethnicity of the petitioner and respondent;

(14) the gender and gender identity of the petitioner and respondent;

(15) the data on the duration of extreme risk protection orders; and

(16) the number of instances in which an order has been terminated or otherwise modified prior to its original expiration date.

SECTION 64. Chapter 209A of the General Laws, as so appearing, is hereby amended by striking out section 3B and inserting in place thereof the following section:-

Section 3B. Upon issuance of a temporary or emergency order under section 4 or 5 of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, order the immediate suspension and surrender of any license or permit issued pursuant to sections 124 to 125B, inclusive, of chapter 140 which the defendant may hold and order the defendant to surrender all firearms and ammunition which they then control, own or possess in accordance with this chapter and said chapter 140 and any firearms license or permit which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with this chapter and said chapter 140 and, said law enforcement official may store, transfer or otherwise dispose of any such firearms and ammunition in accordance section 123D of chapter 140; provided however, that nothing herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of abuse prevention order served on the defendant pursuant to section 7. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms and ammunition, as well as any firearms license or permit in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½ years in a house of correction, or by both such fine and imprisonment.

Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than 10 court business days after the receipt of the notice of the petition by the court. If said firearms license or permit has been suspended upon the issuance of an order issued pursuant to section 4 or 5, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section 4. Upon the filing of an affidavit by the defendant that a firearm or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within 2 business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.

SECTION 65. Said chapter 209A of the General Laws, as so appearing, is hereby amended by striking out section 3C and inserting in place thereof the following section:-

Section 3C. Upon the continuation or modification of an order issued pursuant to section 4 or upon petition for review as described in section 3B, the court shall also order or continue to order the immediate suspension and surrender of a defendant's firearms license or permit and the surrender of all firearms and ammunition which such defendant then controls, owns or possesses if the court makes a determination that the return of such firearms license or permit or firearms or ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long as the restraining order to which it relates is in effect; and, any law enforcement official to whom such firearm or ammunition is surrendered may store, transfer or otherwise dispose of any such firearm or ammunition in accordance with section 123D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of correction or by both such fine and imprisonment.

SECTION 66. Chapter 258E of the General Laws, as so appearing, is hereby amended by inserting after section 4 the following sections:-

Section 4A. Upon issuance of a temporary or emergency order under section 5 or 6 of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, order the immediate suspension and surrender of any firearms license or permit which the defendant may hold and order the defendant to surrender all firearms and ammunition which the defendant then controls, owns or possesses in accordance with this chapter, and chapter 140 and any firearms license or permit which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with this chapter, and said chapter 140 and said law enforcement official may store, transfer or otherwise dispose of any such firearms and ammunition in accordance with section 123D of chapter 140; provided however, that nothing herein shall authorize the transfer of any firearms and ammunition surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of the harassment prevention order served on the defendant pursuant to section 9. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms and ammunition, and any firearms license or permit in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½ years in a house of correction, or by both such fine and imprisonment.

Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than 10 court business days after the receipt of the notice of the petition by the court. If said firearms license or permit has been suspended upon the issuance of an order issued pursuant to section 5 or 6, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the defendant that a firearm or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within 2 business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.

Section 4B. Upon the continuation or modification of an order issued pursuant to section 5 or upon petition for review as described in section 4A, the court shall also order or continue to order the immediate suspension and surrender of a defendant's firearms license or permit and the surrender of all firearms and ammunition which such defendant then controls, owns or possesses if the court makes a determination that the return of such firearms license or permit or firearms and ammunition presents a likelihood of harassment to the plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long as the restraining order to which it relates is in effect; and, any law enforcement official to whom such firearm or ammunition is surrendered may store, transfer or otherwise dispose of any such firearm or ammunition in accordance with section 123D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any firearms or ammunition surrendered by the defendant to anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2 ½ years in a house of correction or by both such fine and imprisonment.

Section 4C. Upon an order for suspension or surrender issued pursuant to sections 4A or 4B, the court shall transmit a report containing the defendant's name and identifying information and a statement describing the defendant's alleged conduct and relationship to the plaintiff to the department of criminal justice information services. Upon the expiration, cancellation or revocation of the order, the court shall transmit a report containing the defendant's name and identifying information, a statement describing the defendant's alleged conduct and relationship to the plaintiff and an explanation that the order is no longer current or valid, to the department of criminal justice information services. Any report made pursuant to this section shall be transmitted by the department of criminal justice information services, pursuant to paragraph (h) of section 167A of chapter 6, to the attorney general of the United States to be included in the National Instant Criminal Background Check System.

SECTION 67. Section 15E of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 to 3, inclusive, the words “, large capacity weapon, rifle, shotgun, sawed-off shotgun or machine gun”.

SECTION 68. Section 15F of said chapter 265, as so appearing, is hereby amended by striking out, in lines 2 to 3, inclusive, the words “, large capacity weapon, rifle, shotgun, sawed-off shotgun or machine gun”.

SECTION 69. Section 17 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 10 to 11, the words “shotgun, rifle, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 70. Said section 17 of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 13 to 14, the words “, shotgun, rifle, machine gun or assault weapon”.

SECTION 71. Section 18 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 5 to 6 and 30, each time they appear, the words “shotgun, rifle, machine gun or assault weapon” and inserting in place thereof, in each instance, the following words:- as defined in section 121 of chapter 140,.

SECTION 72. Section 18A of said chapter 265, as so appearing, is hereby amended by striking out, in line 8, the words “shotgun, rifle or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140.

SECTION 73. Section 18B of said chapter 265, as so appearing, is hereby amended by striking out, in line 4, the words “rifle or shotgun” and insert in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 74. Said section 18B of said chapter 265, as so appearing, is hereby amended by striking out, in lines 6 to 7, inclusive, 18 to19, inclusive, and 21, each time they appear, the words “, rifle or shotgun”.

SECTION 75. Said section 18B of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 7 and 22, each time it appears, the word “weapon” and inserting in place thereof, in each instance, the following word:- firearm.

SECTION 76. Said section 18B of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 14 to 15, the words “, rifle or shotgun including, but not limited to, a large capacity weapon or machine gun”.

SECTION 77. Section 21A of said chapter 265, as so appearing, is hereby amended by striking out, in lines 14 to 15, inclusive, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140.

SECTION 78. Section 22 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 28 to 29, inclusive, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140.

SECTION 79. Section 24 of said chapter 265, as so appearing, is hereby amended by striking out, in line 8, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 80. Section 24B of said chapter 265, as so appearing, is hereby amended by striking out, in line 9, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 81. Section 26 of said chapter 265, as so appearing, is hereby amended by striking out, in line 16, the words “rifle, shotgun, machine gun or assault weapon” and insert in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 82. Said section 26 of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 22 to 23, the words “, rifle, shotgun, machine gun or assault weapon”.

SECTION 83. Section 39 of said chapter 265, as so appearing, is hereby amended by striking out, in line 22, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 84. Section 58 of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word “weapon” and inserting in place thereof the following word:- firearm.

SECTION 85. Section 14 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 86. Section 17 of said chapter 266, as so appearing, is hereby amended by striking out, in line 7, the words “rifle, shotgun, machine gun or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 87. Section 18 of said chapter 266, as so appearing, is hereby amended by striking out, in lines 8 to 9, inclusive, the words “rifle, shotgun, machine gun, or assault weapon” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 88. Section 10 of said chapter 269, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)(1) Whoever, except as provided or exempted by statute, knowingly has in their possession; or knowingly has under their control in a vehicle; a firearm that is not a common long gun, loaded or unloaded, as defined in section 121 of chapter 140 without either:

(i) being present in or on their residence or place of business; or

(ii) having in effect a license to carry firearms under sections 124 or 124B of chapter 140; or

(iii) having satisfied the conditions for exemption under sections 127 and 127A of chapter 140; or

(iv) having complied as to possession of an air rifle or BB gun with the requirements imposed by section 12B shall be punished by imprisonment in the state prison for not less than 2 ½ years nor more than 5 years, or for not less than 18 months nor more than 2 ½ years in a jail or house of correction.

(2) Whoever, except as provided or exempted by statute, knowingly has in their possession; or knowingly has under control in a vehicle; a common long gun, loaded or unloaded, as defined in section 121 of chapter 140, without either:

(i) being present in or on their residence or place of business; or

(ii) having in effect a license to carry or permit authorizing the carry of common long guns under sections 124 or 124B of chapter 140; or

(iii) having satisfied the conditions for exemption under sections 127 and 127A of chapter 140; or

(3) The sentence imposed on such person pursuant to paragraphs (1) and (2) shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from their sentence for good conduct until they shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

No person having in effect a license to carry firearms for any purpose, issued under section 124 or section 124B of chapter 140 shall be deemed to be in violation of this section.

Section 87 of chapter 276 shall not apply to any person 18 years of age or older, charged with a violation of this subsection, or to any child between ages 14 and 18 so charged, if the court is of the opinion that the interests of the public require that the person should be tried as an adult for such offense instead of being dealt with as a child.

The provisions of this subsection shall not affect the licensing requirements of section 124A of chapter 140 which require every person not otherwise duly licensed or exempted to have been issued a long gun permit in order to possess a firearm in their residence or place of business.

SECTION 89. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 98 to 99, inclusive, the words “section one hundred and thirty-one” and inserting in place thereof the following figure:- of section124.

SECTION 90. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 134, the words “, any rifle or shotgun” and inserting in place thereof the following words:- any firearm.

SECTION 91. Said section 10 of said chapter 269, as so appearing, is further amended by striking out, in line 135 to 137, inclusive, the words “the requirement of a serial number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty” and inserting in place thereof the following words: - the registration requirement, as provided in section 122 of chapter 140.

SECTION 92. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 140 to 141, inclusive, 150, and 151 to152, inclusive, each time they appear, the words “, rifle, shotgun”.

SECTION 93. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 142, the figure “129C” and inserting in place thereof the following figure:- 127B.

SECTION 94. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 153, the words “129C of chapter 140 or section 131” and inserting in place thereof the following figure:- 124.

SECTION 95. Said section 10 of said section 269, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-

(i) Whoever knowingly fails to deliver or surrender a revoked or suspended firearms license or permit issued under sections 124 to 125B, inclusive, of chapter 140, or a firearm, as provided in section 123D of chapter 140, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than 2 ½ years or by a fine of not more than $1,000.

SECTION 96. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out subsection (j) and inserting in place thereof the following subsection:-

(j)(1) Whoever possesses a firearm, loaded or unloaded, as defined in section 121 of chapter 140, in a prohibited area, and knows or reasonably should know such location is a prohibited area, shall be punished by a fine of not more than $1,000 or by imprisonment in the house of correction for not more than 2 ½ years, or both such fine and imprisonment.

(2) For the purposes of this subsection, “prohibited area” shall mean any of the following locations:

(i) a place owned, leased, or under the control of state, county or municipal government and used for the purpose of government administration, judicial or court administrative proceedings, or correctional services, including in or upon any part of the buildings, grounds, or parking areas thereof;

(ii) a location in use at the time of possession as a polling place or for the storage or tabulation of ballots ;

(iii) an elementary school, secondary school, college or university including transport used for students of said institution, including in or upon any part of the buildings, grounds, or parking areas thereof; and

(iv) any private, residential dwelling of another, not held open to the public, unless the person in possession of the firearm (A) has a valid firearms license or permit issued under section 124 to 125B, inclusive, of chapter 140 and (B) has been given express authorization to carry a firearm in said dwelling by the property owner or lessee, or an agent thereof; provided, that express authorization shall be signified by unambiguous written or verbal authorization or by the posting of clear and conspicuous signage on the building or the premises by the property owner or lessee, or an agent thereof, indicating that possession of a firearm is authorized.

(3) A law enforcement officer may arrest without a warrant and detain a person found in violation of this subsection.

(4) It shall be a defense to a violation of this subsection that a person with a license or permit issued under sections 124 to 125B, inclusive, of chapter 140 securely stored the licensed firearm in a vehicle while within the prohibited area in accordance with section 126B of chapter 140.

(5) This section shall not apply to a law enforcement officer while in performance of their official duties or to a security guard employed at the prohibited area while at the location of their employment and during the course of their employment or to firearms possessed or stored at prohibited locations listed in subsection (2)(iii) other than elementary schools if authorized by the location with written notice to the state police.

(6) Nothing in this subsection shall limit the enforceability of a provision in any private rental or lease agreement restricting a party’s or a tenant’s possession or use of firearms on the property or in the residential dwelling, the enforceability of a restrictive covenant restricting the possession or use of firearms on the property or in the residential dwelling, or the authority of any private entity, including but not limited to, any homeowners’ association, community association, planned community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws or administrative rules, regulations or provisions governing the use of private property, to restrict the possession or use of firearms on private property.

SECTION 97. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 196 and 226, each time it appears, the word “weapon” and inserting in place thereof, in each instance, the following words:- firearm.

SECTION 98. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 197 to 198, inclusive, the words “131 or 131F” and inserting in place thereof the following words:- 124 or 124B.

SECTION 99. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 201 and 204 to 205, inclusive, each time they appear, the words “firearm identification card” and inserting in place thereof, in each instance, the following words:- long gun permit.

SECTION 100. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 202, the word “129B” and inserting in place thereof the following figure:- 124A.

SECTION 101. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 240, the words “, loaded sawed-off shotgun or loaded machine gun”.

SECTION 102. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out the second paragraph of subsection (o) and inserting in place thereof the following paragraph:-

For purposes of this section, the terms “ammunition” and “firearm” shall have the same meaning as those terms are defined in section 121 of chapter 140.

SECTION 103. Section 10E of said chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 to 5, inclusive, the words “rifles shotguns, machines guns, or any combination thereof,” and inserting in place thereof the following words:- as defined in section 121 of chapter 140,.

SECTION 104. Said section 10E of said chapter 269, as so appearing, is hereby further amended by striking out, in line 6, the words “, rifles shotguns, machines guns, or any combination thereof”.

SECTION 105. Section 10F of said chapter 269 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 3 and 31, each time it appears, the word “weapon” and inserting in place thereof, in each instance, the following word:- firearm.

SECTION 106. Section 10H of said chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 to 3, inclusive, the phrase “section 131 or 131F of chapter 140, carries on his person or has under his control” and inserting in place thereof the following phrase:- section 124 or 124B of chapter 140, carries on their person or has under their control.

SECTION 107. Said section 10H of said chapter 269, as so appearing, is hereby further amended by inserting, in line 4, after the figure “140,” the following words:- while with a percentage, by weight, of alcohol in their blood of eight on-hundredths or greater, or.

SECTION 108. Said chapter 269, as so appearing, is hereby amended by striking out section 10I and inserting in place thereof the following section:-

Section 10I. (a) Whoever transports a firearm, as defined in section 121 of chapter 140, into the commonwealth to use for the commission of criminal activity shall be punished by imprisonment for not less than 5 years nor more than 10 years.

(b) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or transfer possession of the firearm to a prohibited person, as defined in section 123 of chapter 140, shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.

(c) Whoever transports a firearm into the commonwealth to unlawfully distribute, sell or transfer the firearm to a prohibited person, as defined in section 123 of chapter 140, and if the firearm is subsequently used to cause the death of another, shall be punished by imprisonment in the state prison for not less than 20 years.

SECTION 109. Section 10J of said chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the figure “131” and inserting in place therefor the following figure:- 123.

SECTION 110. Section 10K of said chapter 269, as so appearing, is hereby amended by striking out, in lines 9 to 10, inclusive, 15 to 16, inclusive, and 19, each time they appear, the words “, rifle, shotgun, machine gun or ammunition” and inserting in place thereof, in each instance, the following words:- or ammunition, as defined in section 121 of chapter 140.

SECTION 111. Section 11 of said chapter 269, as so appearing, is hereby amended by striking out, in line 4, the words “one hundred and thirty-one of chapter one hundred and forty” and inserting in place thereof the following words:- 124 of chapter 140.

SECTION 112. Said chapter 269, as so appearing, is hereby amended by striking out section 11A and inserting in place thereof the following section:-

Section 11A. For the purposes of sections 11A to 11C, inclusive, the terms “firearm”, “serial number” and “untraceable firearm” shall have the same definition as section 121 of chapter 140.

SECTION 113. Section 11B of said chapter 269, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever, while in the commission or attempted commission of a felony, has in their possession or under their control an untraceable firearm, shall be punished by imprisonment for not less than 2 ½ years.

SECTION 114. Section 11C of said chapter 269, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

Whoever, by themself or with another, creates an untraceable firearm, or knowingly participates in the creation of an untraceable firearm or receives a firearm with knowledge that it is untraceable, shall be punished by imprisonment for not less than 2 1/2 years.

SECTION 115. Said section 11C of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 9 to 11, inclusive, the words “the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner” and inserting in place thereof the following words:- that is untraceable.

SECTION 116. Said section 11C of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 14 to 15, inclusive, the words “whatever that such number had been removed, defaced, altered, obliterated or mutilated” and inserting in place thereof the following words:- that the firearm was untraceable.

SECTION 117. Said section 11C of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 19 to 20, inclusive, the words “or other article”.

SECTION 118. Section 11E of said chapter 269, as so appearing, is hereby repealed.

SECTION 119. Section 12D of said chapter 269, as so appearing, is hereby amended by striking, in line 30, the word “weapon” and inserting in place thereof the following word:- firearm.

SECTION 120. Said chapter 269, as so appearing, is hereby amended by striking out section 12E and inserting in place thereof the following section:-

Section 12E. Whoever discharges a firearm as defined in section 121 of chapter 140 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both.

This section shall not apply to (a) the lawful defense of life and property; (b) any law enforcement officer acting in the discharge of their duties; or (c) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in accordance with section 39 of chapter 148.

This section shall not apply to a dwelling or building on the same property as (a) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (b) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; or (c) persons using shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in this section shall exempt any persons from compliance with noise control laws, regulations, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.

SECTION 121. Section 12F of said chapter 269, as so appearing, is hereby amended by striking out, in lines 11 to 12, inclusive, the words “as defined in section 131J of chapter 140, any rifle, shotgun or”. SECTION 219. Said chapter 269, as so appearing, is hereby amended by inserting after section 12F the following section -

Section 12G. Whoever discharges a firearm as defined in section 121 of chapter 140, with reckless disregard to striking a dwelling or other building in use, and as a result does strike such dwelling or building, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, or in state prison for not more than 5 years. This section shall not apply to the lawful defense of life or property or any law enforcement officer acting in the discharge of their duties. This section shall not apply for dwellings or buildings within the property of: (a) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (b) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; or (c) persons using shooting galleries, licensed and defined in section 56A of chapter 140. Nothing in this section shall exempt any persons from compliance with noise control laws, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.

SECTION 122. Section 14 of said chapter 269, as so appearing, is hereby amended by striking out, in line 15, the words “rifle, shotgun, machine gun or assault weapon,”.

SECTION 123. Section 58A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words “weapon or machine gun” and inserting in place thereof the following word:- firearm.

SECTION 124. Said Section 58A of said chapter 276, as so appearing, is hereby further amended by striking out, in line 28, the word “weapon” and inserting in place thereof the following word:- firearm.

SECTION 125. Section 100A of said chapter 276, as so appearing, is hereby amended by striking out, in line 26, the figure “131H” and inserting in place thereof the following figure:- 130E.

SECTION 126. Section 100J of said chapter 276, as so appearing, is hereby amended by striking out, in line 17, the figure “131Q” and inserting in place thereof the following figure:- 130E.

SECTION 127. Section 25 of chapter 279 of the General Laws, as so appearing, is hereby amended by striking out, in lines 17 to 18, inclusive, the words “, shotgun, rifle, machine gun, or assault weapon,” and inserting in place thereof the following words:- as defined in section 121 of chapter 140.

SECTION 128. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Personalized firearm", a firearm manufactured with incorporated design technology or converted with such technology so that it: (i) allows the firearm to be fired only by an authorized user; or (ii) prevents any of the safety characteristics of the firearm from being readily deactivated.

“Microstamp”, a microscopic array of characters identifying the make, model, or serial number of a firearm, etched or otherwise imprinted in 2 or more places on the interior surface or the internal working parts of the firearm, that are transferred by imprinting on each cartridge case when the firearm is fired.

(b) Notwithstanding and general or special law to the contrary, there shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission to study and investigate emerging firearm technology.

(c) The special legislative commission shall consist of 13 members: the chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; the secretary of public safety and security or a designee; the colonel of the state police or a designee; 2 members appointed by the speaker of the house of representatives; 2 members appointed by the president of the senate; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 2 members appointed by the governor, 1 of whom shall be an expert in emerging firearm technologies; and 1 member appointed by the National Shooting Sports Foundation, Inc.

(d) The special legislative commission shall investigate and study the status, feasibility, and utility of emerging firearm technologies, including but not limited to personalized firearm technology and microstamp technology. The study shall include: (i) a review of existing and developing personalized firearm and microstamp technologies; (ii) an investigation of the accuracy, effectiveness and utility of personalized firearm and microstamp technologies; (iii) an evaluation of the commercial availability of personalized firearm and microstamp technologies, both in the production of new firearms and modification of existing firearms; (iv) an investigation of the cost and impacts associated with requiring the use of personalized firearm or microstamp technologies in the commonwealth; and (vi) evaluation of the feasibility and utility of a personalized firearm technology tax incentive program.

(e) The special legislative commission shall submit a report of its study and recommendations, together with any legislative recommendations, to the clerks of the house of representatives and the senate on or before September 30, 2024.

SECTION 129. (a) Notwithstanding and general or special law to the contrary, there shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission to study the commonwealth’s funding structure for violence prevention services.

(b) The special legislative commission shall consist of 15 members: the chairs of the joint committee on public safety and homeland security or their designees, who shall serve as co-chairs; the secretary of public safety and security or a designee; the secretary of health and human services or a designee; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be from an organization that has received a grant through the Safe and Successful Youth Initiative; 2 members appointed by the president of the senate, 1 of whom shall be from an organization that has received a grant through the Safe and Successful Youth Initiative; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 1 member appointed by the governor who shall be from an organization involved in early child education or development; 2 members appointed by the Black and Latino legislative caucus; 1 member appointed by the Massachusetts Association of School Superintendents, Inc.; 1 member appointed by the Massachusetts Health and Hospital Association, Inc.

(c) The special legislative commission shall: (i) examine and evaluate the existing government funding structure for violence prevention services in the commonwealth, including funding sources, initiatives and programs utilized, specific services funded, communities served, how funding decisions are made, and how service providers and programs are chosen; and (ii) recommend changes to promote efficiency, transparency, accessibility, and utility with the ultimate goal of enhancing violence prevention services and minimizing the disproportionate impact of violence in historically impacted communities.

(d) The special legislative commission shall submit a report of its study and recommendations, together with any proposed legislation, to the clerks of the house of representatives and the senate on or before September 30, 2024.

SECTION 130. Any person in possession of a valid firearm identification card on the effective date of this act may continue to possess common long guns under the terms and conditions outlined for a long gun permit in chapter 140 of the General Laws until renewal of said card is required.

SECTION 131. The executive office of public safety and security shall notify all individuals with licenses to carry and firearm identification cards on the effective date of this act of the requirements under sections 122 and 122A of said chapter 140 not later than 6 months after the effective date.

SECTION 132. The department of criminal justice information services shall establish the electronic registration system created pursuant to section 122 of said chapter 140 not later than 6 months after the effective date of this act.

SECTION 133. Regulations required by sections 122 and 122A of said chapter 140 shall be promulgated not later than 6 months after the effective date of this act.

SECTION 134. The department of criminal justice information services shall establish its online dashboard and publish firearm data required by subsection (c) of section 122B of said chapter 140 not later than 1 year after the effective date of this act.

SECTION 135. Section 131P of said chapter 140 shall be repealed 1 year after the effective date of this act.

SECTION 136. Sections 122, 122A, 126 and 126A of said chapter 140 shall take effect 1 year after the effective date of this act.

SECTION 137. Subsection (i) of section 125A of said chapter 140 shall take effect 18 months after the effective date of this act. Until such time, the licensing authority shall enter, 1 time per calendar year, during regular business hours, the business premises of any licensee, and make inquiries and inspect the licensee’s records, inventory, policies and procedures for the purpose of enforcing the provisions of the General Laws. Licensees found to be in violation of this chapter shall be subject to the suspension or revocation of their license to sell. Nothing herein shall prohibit the enforcement from conducting such inspections pursuant to a valid search warrant issued by a court of competent jurisdiction.

SECTION 138. Subsection (d) of section 131A and subsections (b) and (c) of section 131B of said chapter 140 shall take effect 6 months after the effective date of this act.

Name:	District/Address:	Date Added:
Michael S. Day	31st Middlesex	10/4/2023