SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2572

The Commonwealth of Massachusetts

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

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SECTION 1. Section 18 ¾ of chapter 6A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (10) and inserting in place thereof the following clause:-

(10) to develop a biennial report analyzing and reporting on the firearms trace data collected under section 131Q of chapter 140 and non-identifying gun sales transaction data held by the firearms records bureau to be sent to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the chairs of the joint committee on public safety and homeland security not later than March 1 of every even-numbered year; provided, however, that the report shall contain, but not be limited to, the following information: (i) statistics related to firearms crimes; (ii) arrests and prosecutions of firearms-related offenses, to serve as an examination of the effectiveness of the commonwealth’s firearms-related regulations; (iii) aggregate data on the source of firearms that have been confiscated and identified as being used in a crime or in an attempted or completed suicide during the report period, including aggregate information on the manufacturer, whether the firearms were privately made or modified, state of origin and last known point of sale, transfer, loss or theft of such firearms; (iv) an explanation of substantial changes in state and federal firearms-related laws and firearms-related statistics in the commonwealth; (v) the effectiveness of section 128B of said chapter 140; (vi) the effectiveness of current reporting mechanisms for lost and stolen firearms, including identifying the number of firearms traced to crimes that were determined to have been lost or stolen and, of these firearms, how many were reported lost or stolen prior to their use in the commission of those crimes; (vii) firearm purchase and sales patterns as they relate to firearms traced to crimes, including an analysis of the number of firearms traced to a crime that were originally purchased from a licensed firearm dealer  or purchased through a secondary private seller; and (viii) an analysis of whether the license number used for the purchase or transfer of a firearm used in a crime was associated with the purchase or transfer of any other firearm, in the commonwealth or any other jurisdiction, within a 12-month period prior or subsequent to the sale of the recovered firearm and the total number of such firearms purchased or transferred by that license holder and whether any of such firearms were also used in the commission of a crime;  and provided further, that all data referenced herein or relied upon in compiling the report shall be readily available to the public in an aggregate, nonidentifying and downloadable format.

SECTION 2. Section 36C of chapter 123 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(e) A law enforcement agency that applies for authorization of temporary involuntary hospitalization pursuant to subsection (a) of section 12 shall forward the information contained on the application form to the department of criminal justice information services to provide licensing authorities as defined in section 121 of chapter 140 with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing. A law enforcement agency that is involved in the restraint and application for hospitalization of a person pursuant to subsections (a) or (b) of said section 12, shall transmit the incident log or report number and the person's name and identifying information, including the person's social security number and date of birth, to the department of criminal justice information services to provide licensing authorities as defined in said section 121 of said chapter 140 with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing. Documents provided to the department of criminal justice information services pursuant to this subsection shall not include any information about or descriptions of the person’s medical or psychiatric diagnosis, treatment plans, mental health medications, mental health care providers or other information of a clinical nature. No person shall be considered a person who is prohibited from being issued a firearm identification card pursuant to section 129B of said chapter 140 or a license to carry pursuant to sections 131 and 131F of said chapter 140 due to the person’s restraint and application for hospitalization pursuant to subsections (a) or (b) of said section 12 unless the licensing authority determines the person is disqualified for a firearm identification card or license to carry pursuant to paragraph (1) of said section 129B of said chapter 140 or subsection (d) of said section 131 of said chapter 140 or unsuitable for a firearm identification card or license to carry pursuant to subsection (d) of paragraph (1 ½) of said section 129B of said chapter 140 or subsection (d) of said section 131 of said chapter 140; provided, however, that when determining the person’s suitability for a firearm identification card or license to carry, a licensing authority shall make inquiries to the law enforcement agency that submitted the record of the restraint and application for hospitalization regarding the circumstances of such restraint and application for hospitalization. The department of criminal justice information services shall not disclose a record of a person’s restraint and application for hospitalization pursuant to said subsections (a) or (b) of said section 12 for any reason other than to provide licensing authorities with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing. A licensing authority shall not disclose a record of a person’s restraint and application for hospitalization pursuant to said subsection (a) or (b) of said section 12 for any reason or purpose other than that which is necessary to carry out the licensing authority’s responsibilities to issue or revoke a firearm identification card  or a license to carry. Nothing in this subsection shall prevent an applicant or card or license holder from appealing a denial, revocation or suspension of a card or license pursuant to said section 129B of said chapter 140 or section 131 of said chapter 140.

SECTION 3. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Assault weapon” and inserting in place thereof the following definition:-

“Assault weapon”, shall include, but not be limited to: (i) any of the weapons, or copies or duplicates of the weapons, of any caliber, identified as: (a) Avtomat Kalashnikov, or AK, all models; (b) Action Arms Israeli Military Industries UZI and Galil; (c) Beretta Ar70 (SC-70; (d) Colt AR-15; (e) Fabrique National FN/FAL, FN/LAR and FNC; (f) SWD M-10, M-11, M-11/9 and M-12; (g) Steyr AUG; (h) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (i) revolving cylinder shotguns including, but not limited to, the Street Sweeper and Striker 12; (ii) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the following: (a) a folding or telescoping stock; (b) a pistol grip that protrudes conspicuously beneath the action of the weapon; (c) a bayonet mount; (d) a flash suppressor or a threaded barrel designed to accommodate a flash suppressor; or (e) a grenade launcher; (iii) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following: (a) an ammunition magazine that attaches to the pistol outside of the pistol grip; (b) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer; (c) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (d) a manufactured weight of not less than 50 ounces when the pistol is unloaded; or (e) a semiautomatic version of an automatic firearm; and (iv) a semiautomatic shotgun that has at least 2 of the following: (a) a folding or telescoping stock; (b) a pistol grip that protrudes conspicuously beneath the action of the weapon; (c) a fixed magazine capacity in excess of 5 rounds; or (d) an ability to accept a detachable magazine; provided, however, that “assault weapon” shall not include: (A) any of the weapons, or replicas or duplicates of such weapons, appearing in Appendix A of 18 U.S.C. 922 on September 13, 1994, as such weapons were manufactured on October 1, 1993; (B) any weapon that is operated by manual bolt, pump, lever or slide action; (C) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault weapon; (D) any weapon that was manufactured prior to 1899; (E) any weapon that is an antique or relic, theatrical prop or 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 assault weapon; (F) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or (G) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine; provided further, that a weapon shall be considered a copy or duplicate of a weapon identified in subclauses (a) to (i), inclusive, of clause (i) if: (I)(a) the weapon is a semiautomatic rifle or handgun that was manufactured or subsequently configured with an ability to accept a detachable magazine; or (b) a semiautomatic shotgun; and (II) the weapon  has internal functional components that are substantially similar in construction and configuration to a weapon identified in said subclauses (a) to (i), inclusive, of said clause (i) or the weapon has a receiver that is the same as or interchangeable with the receiver of a weapon identified in said subclauses (a) to (i), inclusive, of said clause (i); provided further, that a receiver shall be treated as the same as or interchangeable with the receiver of such an enumerated weapon if it includes or accepts at least 2 operating components that are the same as or interchangeable with those of such enumerated weapon; and provided further, that if a weapon, as manufactured or originally assembled, is an assault weapon, it shall remain an assault weapon even if it is altered by the seller.

SECTION 4.  Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Extreme risk protection order” and inserting in place thereof the following definition:-

“Extreme risk protection order”, an order by the court that orders: (i) the immediate suspension and surrender of a license to carry firearms or a firearm identification card which the respondent may hold; (ii) the respondent to surrender all firearms, rifles, shotguns, machine guns, weapons or ammunition which the respondent owns, possesses or controls at the time of such risk protection order; and (iii) the respondent to refrain from applying for any new firearms licenses or identification cards; provided, however, that an extreme risk protection order shall be in effect for not more than 1 year from the date of issuance but may be renewed upon petition.

SECTION 5. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Firearm” and inserting in place thereof the following 4 definitions:-

“Federal licensee authorized to serialize firearms”, a person, firm, corporation or other entity that holds a valid federal license that authorizes the license holder to imprint serial numbers onto firearms, rifles, shotguns and completed or unfinished frames or receivers pursuant to 18 U.S.C. 923 and regulations promulgated thereunder.

“Federally-licensed gunsmith, manufacturer or importer”, a person, firm, corporation or other entity that holds a valid gunsmith license or license to manufacture or import firearms, rifles and shotguns issued pursuant to 18 U.S.C. 923 and regulations promulgated thereunder.

“Firearm”, a stun gun, pistol, revolver or other weapon of any description, loaded or unloaded, that will, is designed to, or may readily be converted to, discharge a shot or bullet other than by compressed air and of which the length of the barrel or barrels is less than 16 inches or, in the case of a shotgun as originally manufactured, is less than 18 inches; provided, however, that “firearm” shall also include the completed or unfinished frame or receiver of any such weapon.

“Frame”, the part of a firearm or variant of a firearm that provides the housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt or similar element prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure; provided, however, that any such part that is identified with an importer's or manufacturer's serial number shall be presumed to be the frame of the weapon unless there is an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives or there exists other reliable evidence to the contrary.

SECTION 6. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “Length of barrel” or “barrel length” the following definition:-

“License to manufacture firearms”, a valid license to manufacture firearms, rifles and shotguns issued pursuant to 18 U.S.C. 921, et seq and regulations promulgated thereunder.

SECTION 7. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Machine gun” and inserting in place thereof the following 2 definitions:-

“Machine gun”, a weapon of any description or by any name, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by 1 continuous activation of the trigger, including a submachine gun; provided, however, that “machine gun” shall also include the finished or unfinished frame or receiver of any such weapon, any part or combination of parts designed and intended solely and exclusively, for use in converting a weapon into a machine gun and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person; and provided further, that  “machine gun” shall also include bump stocks, trigger cranks and any other rapid-fire trigger activators.

“Manufacture or assemble”, to fabricate, construct, fit together component parts of or otherwise produce a firearm, rifle, shotgun or completed or unfinished frame or receiver, including through additive, subtractive or other processes; provided, however, that “manufacture or assemble” shall not include firearm reassembly, firearm repair or the making or fitting of special barrels, stocks or trigger mechanisms to firearms.

SECTION 8.  Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Petitioner” and inserting in place thereof the following definition:-

“Petitioner”, the family or household member, the licensing authority of the municipality wherein the respondent resides or the health care provider filing a petition; provided, however, that any such petitioning health care provider shall be a provider who has provided health care services to the respondent within the preceding 6 months; provided further, that “health care provider” shall include a licensed physician, licensed physician assistant, 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 alcohol and drug counselor, licensed independent clinical social worker or licensed certified social worker.

SECTION 9. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “Purchase” and “sale” the following 2 definitions:-

“Rapid-fire trigger activator”, any: (i) manual, power-driven or electronic device that is designed and functions to increase the rate of fire of a semiautomatic firearm, rifle or shotgun when the device is attached to the weapon; (ii) part of a semiautomatic firearm, rifle shotgun or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic firearm, rifle or shotgun by eliminating the need for the operator of the weapon to make a separate movement for each individual function of the trigger; or (iii) other device, part or combination of parts that is designed and functions to substantially increase the rate of fire of a semiautomatic firearm, rifle or shotgun above the standard rate of fire for semiautomatic weapons that are not equipped with that device, part or combination of parts.

“Receiver”, the part of a rifle or shotgun, or variants thereof, that provides the 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 the component to the housing or structure; provided, however, that any such part that is identified with an importer's or manufacturer's serial number shall be presumed to be the receiver of the weapon unless there is an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives or there exists other reliable evidence to the contrary.

SECTION 10. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Rifle” and inserting in place thereof the following definition:-

“Rifle”, a weapon with a barrel length of not less than 16 inches and will, is designed to, or may readily be converted to, discharge a shot or bullet, other than by compressed air, for each pull of the trigger, or the completed or unfinished receiver of any such weapon.

SECTION 11. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “Sawed-off shotgun” the following definition:-

“Security exemplar”, as defined in 18 U.S.C. 922.

SECTION 12. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out the definition of “Shotgun” and inserting in place thereof the following definition:-

“Shotgun”, a weapon with a barrel length of not less than 18 inches with an overall length of not less than 26 inches and will, is designed to, or may readily be converted to, discharge a shot or bullet, other than by compressed air, for each pull of the trigger, or the completed or unfinished receiver of any such weapon.

SECTION 13. Said section 121 of said chapter 140, as so appearing, is hereby further amended by inserting after the definition of “Trigger crank” the following 3 definitions:-

“Undetectable firearm, rifle or shotgun”, a firearm, rifle or shotgun manufactured, assembled or otherwise comprised entirely of nonmetal substances that: (i) after the removal of grips, stocks and magazines, is not detectable as a security exemplar by a walk-through metal detector calibrated to detect the security exemplar; or (ii)  includes a major component as defined in 18 U.S.C. 922 that, if subjected to inspection by the types of x-ray machines commonly used at airports, would not generate an image that accurately depicts the shape of the component.

“Unfinished frame or receiver”, a forging, casting, printing, extrusion, machined body or similar item that is: (i) designed to or may readily be completed, assembled or otherwise converted to function as a frame or receiver; or (ii) marketed or sold to the public to become or be used as the frame or receiver of a functional firearm, rifle or shotgun once completed, assembled or otherwise converted; provided, however, that “unfinished frame or receiver” shall not include a component designed and intended for use in an antique weapon.

“Valid serial number”, a serial number that has been imprinted by a federal licensee authorized to serialize firearms in accordance with federal law or that has otherwise been assigned to a firearm, rifle, shotgun or completed or unfinished frame or receiver pursuant to the laws of any state or pursuant to 26 U.S.C. 5842  and the regulations promulgated thereunder.

SECTION 14. Said chapter 140 is hereby further amended by inserting after section 121A the following 3 sections:-

Section 121B. (a) No person shall knowingly manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale or transfer ownership of any firearm, rifle or shotgun that is not imprinted with a valid serial number. A violation of this section shall be punishable for a first offense, by imprisonment in a jail or house of correction for not more than 12 months, by a fine of not more than $5,000 per weapon in violation of this section or by both such fine and imprisonment. A second or subsequent offense shall be punishable in a state prison for not more than 4 years, by a fine of not more than $15,000 per weapon in violation of this section or by both such fine and imprisonment.

(b) No person shall knowingly import, purchase, sell, offer for sale or transfer ownership of any completed or unfinished frame or receiver unless the completed or unfinished frame or receiver is: (i) deemed to be a firearm pursuant to 18 U.S.C. 921 and regulations promulgated thereunder; and (ii) imprinted with a valid serial number. A violation of this subsection shall be punishable by imprisonment in a jail or house of correction for not more than 12 months, by a fine of not more than $5,000 per completed or unfinished frame or receiver in violation of this subsection or by both such fine and imprisonment.

(c) No person shall  knowingly possess a firearm, rifle, shotgun or any completed or unfinished frame or receiver that is not imprinted with a valid serial number. A violation of this subsection is punishable, for a first offense by a fine of not more than $500 per weapon in violation of this subsection and, for a second or subsequent offense, imprisonment in a jail or house of correction for not more than 12 months, by a fine of not more than $5,000 per weapon in violation of this subsection or by both such fine and imprisonment.

(d) This section shall not apply to:

(i) a firearm, rifle, shotgun or any completed or unfinished frame or receiver that is an antique firearm as defined in s 27 C.F.R. 479.11 or that has been rendered permanently inoperable;

(ii) the manufacture or assembly, importation, purchase, transfer or possession of a firearm, rifle, shotgun or any completed or unfinished frame or receiver by a law enforcement agency for law enforcement purposes;

(iii) the sale or transfer of ownership of a firearm, rifle, shotgun or any completed or unfinished frame or receiver to a federally-licensed gunsmith, manufacturer or importer or to any other federal licensee authorized to serialize firearms;

(iv) the manufacture or assembly, importation, purchase or possession of a firearm, rifle, shotgun or any completed or unfinished frame or receiver by a federally-licensed gunsmith, manufacturer or importer or by any other federal licensee authorized to serialize firearms;

(v) a member of the armed forces of the United States or the national guard while on duty and acting within the scope and course of employment with the armed forces of the United States or national guard or any law enforcement agency or forensic laboratory;

(vi) a common carrier, motor carrier, air carrier or carrier affiliated with an air carrier through common control interest that is subject to Title 49 of the United States Code or an authorized agent of any such carrier when acting in the course and scope of duties incident to the receipt, processing, transportation or delivery of property;

(vii) an authorized representative of a local, state or federal government that receives a firearm, rifle, shotgun or any completed or unfinished frame or receiver as part of an authorized, voluntary buyback program in which the governmental entity is buying or receiving such weapons from private individuals;

(viii) the possession and disposition of a firearm, rifle, shotgun or any completed or unfinished frame or receiver by a person who is not prohibited by state or federal law from possessing the weapon and who: (A) possessed the firearm, rifle, shotgun or any completed or unfinished frame or receiver no longer than was necessary to deliver it to a law enforcement agency for that agency’s disposition according to law; or (B) is transporting the firearm, rifle, shotgun or any completed or unfinished frame or receiver to a law enforcement agency to deliver it to the agency for the agency’s disposition according to law;

(ix) the possession or importation of a firearm, rifle, shotgun or any completed or unfinished frame or receiver by a nonresident of the commonwealth who: (i) is traveling with the firearm, rifle, shotgun or completed or unfinished frame or receiver in the commonwealth in accordance with 18 U.S.C. 926A; or (ii) possesses or imports the firearm, rifle, shotgun or completed or unfinished frame or receiver in the commonwealth exclusively for use in an organized sport shooting event or competition for no longer than reasonably necessary to participate in such an event or competition;

(x) the possession or importation of a firearm, rifle, shotgun or any completed or unfinished frame or receiver by a new resident moving into the commonwealth who, within 60 days of moving into the commonwealth, causes the firearm, rifle, shotgun or completed or unfinished frame or receiver to be imprinted with a valid serial number, removes the weapon from the commonwealth or otherwise comes into compliance with this section; and

(xi) firearms, rifles and shotguns manufactured before October 22, 1968.

Section 121C. (a) It shall be unlawful to use a 3-dimensional printer or computer numerical control milling machine to manufacture or assemble any firearm, rifle, shotgun or completed or unfinished frame or receiver within the commonwealth without a valid license to manufacture firearms.

(b)(1) It shall be unlawful to sell, offer to sell or transfer a 3-dimensional printer or computer numerical control milling machine that has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns or completed or unfinished frame or receivers to any person in the commonwealth who does not have a valid license to manufacture firearms.

(2) It shall be unlawful for any person in the commonwealth to purchase or receive a 3-dimensional printer or computer numerical control milling machine that has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns or completed or unfinished frame or receivers, unless that person has a valid license to manufacture firearms; provided however, that there shall be a presumption that a 3-dimensional printer or computer numerical control milling machine has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns or completed or unfinished frame or receivers, if the printer or machine is marketed or sold in a manner that: (i) advertises that it may be used to manufacture or assemble firearms, rifles, shotguns or completed or unfinished frame or receivers; or(ii) foreseeably promotes the printer or machine’s use in manufacturing or assembling such weapons, regardless of whether the printer or machine is otherwise described or classified as having other functions or as a general-purpose printer or machine.

(c) A person otherwise licensed under section 129B or 131 who manufactures or assembles a firearm, rifle, shotgun or completed or unfinished frame or receiver within the commonwealth and who does not have a valid license to manufacture firearms shall, within 10 days after manufacturing or assembling the weapon, notify the commissioner of the department of criminal justice information services in a form and manner to be prescribed by the department and provide any identifying information concerning the weapon and the owner of such weapon requested by the commissioner including, but not limited to, the weapon’s serial number. Nothing in this section shall authorize a person who is not lawfully authorized to possess a firearm, rifle, shotgun or completed or unfinished frame or receiver to manufacture or assemble such a weapon.

(d) Except as otherwise authorized by law, it shall be unlawful for a person who does not have a valid license to manufacture or assemble firearms to sell or transfer ownership of a firearm, rifle or shotgun if the person:

(i) manufactured or assembled the firearm without a valid license to manufacture firearms;

(ii) knowingly caused the firearm to be manufactured or assembled by another person who does not have a valid license to manufacture firearms; or

(iii) is aware that the firearm was manufactured or assembled by another person who does not have a valid license to manufacture firearms.

(e)(1) It shall be unlawful to knowingly allow, facilitate, aid, abet or cause the manufacture or assembling of a firearm, rifle, shotgun or completed or unfinished frame or receiver by a person who is legally prohibited from possessing such a weapon under state or federal law.

(2) It shall be unlawful to knowingly allow, facilitate, aid, abet or cause the manufacture or assembly of a machine gun, assault weapon, undetectable firearm, rifle or shotgun or of any firearm, rifle, shotgun or completed or unfinished frame or receiver that is not imprinted with a valid serial number.

(f) This section shall not apply to any member of the armed forces of the United States or the national guard while on duty and acting within the scope and course of employment with said armed forces or national guard, or to any law enforcement agency or forensic laboratory or to the transfer, relinquishment or sale of a firearm, rifle or shotgun to a law enforcement agency.

(g) A violation of this section shall be punishable by not more than 12 months imprisonment or a fine of up to $5,000 per weapon in violation or by both such fine and imprisonment.

Section 121D. (a) As used in this section, “digital firearm manufacturing code” shall mean any digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a computer numerical control milling machine, a 3-dimensional printer or a similar machine to manufacture, assemble or produce a firearm, rifle, shotgun or completed or unfinished frame or receiver.

(b) A person, firm or corporation shall not, by any means, including the internet, knowingly distribute, or knowingly cause the distribution of, digital firearm manufacturing code to any person in the commonwealth who does not have a valid license to manufacture firearms.

(c) In addition to any other applicable penalty or remedies authorized by any other law or cause of action, a person, firm or corporation who violates this section may be held strictly liable for personal injury or property damage inflicted by the use of any firearm, rifle or shotgun that was manufactured, assembled or produced in whole or in part using any digital firearm manufacturing code that was distributed in violation of this section.

(d) This section shall not apply to or affect the distribution of digital firearm manufacturing code to any member of the armed forces of the United States or the national guard while on duty and acting within the scope and course of employment with said armed forces or national guard, or to any law enforcement agency or forensic laboratory.

SECTION 15.  The fourth paragraph of section 123 of said chapter 140, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 sentences:- The secretary of public safety and security shall make training materials regarding the requirements of this section available to licensing authorities and shall promulgate regulations to implement this section.  The regulations shall include, but shall not be limited to, provisions to ensure that the inspections required under this section are conducted by the licensing authority in a timely manner and establishing a process for the department of state police to conduct such inspections if the licensing authority has not conducted such inspections as required or the licensing authority informs the department of state police that they are unable to conduct such inspections as required.

SECTION 16. Said chapter 140 is hereby further amended by inserting after section 128B the following 2 sections:-

Section 128C. Any law enforcement agency of the commonwealth or its political subdivisions, any police department of a college or university, any law enforcement agency of an authority or any other law enforcement agency that seizes, takes as evidence or otherwise acquires a firearm used in any manner during a crime or the commission of a suicide shall trace the firearm by using the services of the Bureau of Alcohol, Tobacco, Firearms and Explosives and all such agencies shall submit for test firing such firearms to a law enforcement agency that offers that service and all information generated during such test firing shall be turned over to the Bureau for inclusion in the National Integrated Ballistic Information Network.

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

“Firearm industry member”, a person, firm, corporation, or any other entity engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product.

“Firearm industry product”, any of the following: (i) a firearm; (ii) ammunition; (iii) a completed or unfinished frame or receiver; (iv) a firearm component or magazine; (v) a device that is designed or adapted to be inserted into, affixed onto or used in conjunction with a firearm, if the device is marketed or sold to the public, or that was reasonably designed or intended, to be used to increase a firearm’s rate of fire, concealability, magazine capacity or destructive capacity or to increase the firearm’s stability and handling when the firearm is repeatedly fired; or (vi) any machine or device that is marketed or sold to the public, or that was reasonably designed or intended, to be used to manufacture or produce a firearm or any other firearm industry product listed in this paragraph.

(b) A firearm industry member shall not design, advertise, market or sell a firearm industry product in a manner that recommends or encourages persons under the age of 18 to unlawfully purchase, unlawfully possess or unlawfully use a firearm industry product.

(c) This section shall apply to a firearm industry member engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product that meets any of the following conditions: (i) the firearm industry product was sold, made, distributed, or marketed in the commonwealth; (ii) the firearm industry product was intended to be sold, distributed, or marketed in the commonwealth; or (iii) the firearm industry product was used or possessed in the commonwealth and it was reasonably foreseeable that the product would be used or possessed in this state the commonwealth.

(d) (1) A person or entity who has suffered harm as a result of a firearm industry member’s acts or omissions in violation of any provision of  this section may bring a civil action in a court of competent jurisdiction.

(2) The attorney general may bring a civil action in a court of competent jurisdiction to enforce this section and remedy harms caused by any acts or omissions in violation thereof.

(3) In an action brought under this section, if the court determines that a firearm industry member engaged in conduct in violation of this section, the court shall award just and appropriate relief, including any or all of the following: (i) injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law; (ii) compensatory and punitive damages; (iii) reasonable attorney’s fees, filing fees, and reasonable costs; and (iv) any other just and appropriate relief necessary to enforce this chapter and remedy the harm caused by the violation.

(e) (1) Nothing in this chapter shall be construed or implied to limit or impair in any way the right of the attorney general, or any other person or entity, to pursue a legal action under any other law, cause of action, tort theory, or other authority.

(2)  Nothing in this chapter shall be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.

SECTION 17. Section 129B of said chapter 140, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 93, the words “or (C)” and inserting in place thereof the following words:- (C) a permanent or temporary harassment prevention order issued pursuant to chapter 258E or a similar order issued by another jurisdiction; or (D).

SECTION 18. Paragraph (2) of said section 129B of said chapter 140, as so appearing, is hereby amended by adding  the following paragraph:-

The licensing authority shall make inquiries concerning the applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition, any record of restraint and application for hospitalization pursuant to section 12 of chapter 123 and records of purchases, sales, rentals, leases and transfers of weapons 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 mental health relative to whether the applicant is a suitable person to possess firearms; provided, however, that if the department of criminal justice information services provides a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123, the licensing authority shall make inquiries to the law enforcement agency that submitted the record regarding the circumstances of such restraint and application for hospitalization and shall consider such circumstances when determining the applicant’s suitability for a firearm identification card; provided further, that the applicant may submit for the licensing authority’s consideration, an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant's mental illness and that in the physician's or psychologist's opinion, the applicant is not impacted by a mental illness in a manner that would prevent the applicant from possessing a firearm, rifle or shotgun. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant. Any information that an individual has a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123 shall be used solely to provide licensing authorities as defined under section 121 with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing.

SECTION 19. Subsection (e) of section 131 of said chapter 140, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The licensing authority shall make inquiries concerning the applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition, any record of restraint and application for hospitalization pursuant to section 12 of chapter 123 and records of purchases, sales, rentals, leases and transfers of weapons 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 mental health relative to whether the applicant is a suitable person to possess firearms; provided, however, that if the department of criminal justice information services provides a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123, the licensing authority shall make inquiries to the law enforcement agency that submitted the record regarding the circumstances of such restraint and application for hospitalization and shall consider such circumstances when determining the applicant’s suitability for a license to carry; provided further, that the applicant may submit for the licensing authority’s consideration an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant's mental illness and that in the physician's or psychologist's opinion, the applicant is not impacted by a mental illness in a manner that would prevent the applicant from possessing a firearm, rifle or shotgun. Any information that an individual has a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123 shall be used solely to provide licensing authorities as defined under section 121 with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.

SECTION 20. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 410 and 411, the words “bump stocks and trigger cranks” and inserting in place thereof the following words:- bump stocks, trigger cranks and any other rapid-fire trigger activators.

SECTION 21. Said chapter 140 is hereby further amended by striking out section 131N, as so appearing, and inserting in place thereof the following section:-

Section 131N. No person shall knowingly manufacture or assemble or cause to be manufactured or assembled, import, sell, offer for sale, transfer or possess any weapon, loaded or unloaded, which will, is designed to, or may readily be converted to, discharge a bullet or shot, that is: (i) constructed in a shape that does not resemble a handgun, short–barreled rifle or short–barreled shotgun including, but not limited to, covert weapons that resemble key–chains, pens, cigarette–lighters or cigarette–packages; or (ii) an undetectable firearm, rifle or shotgun 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 more than 10 years, or by both such fine and imprisonment, and for a second  or subsequent offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not more than 15 years, or by both such fine and imprisonment.

SECTION 22. Section 131R of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “holding a license to carry firearms or a firearm identification card”.

SECTION 23. Section 131S of said chapter 140, as so appearing, is hereby amended by inserting after the word “resides”, in line 32, the following words:- ; provided, however, that the respondent shall not be eligible to receive a new firearms license or identification card for the duration of the order.

SECTION 24. Paragraph (f) of said section 131S of said chapter 140, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

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 license to carry firearms or firearm identification card and notify the respondent of said suspension and shall not issue any new firearms license or identification card to the respondent for the duration of the order.

SECTION 25. Section 131X of said chapter 140, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-

(d) Notwithstanding any general or special law, rule or regulation to the contrary, any health care provider duly authorized as a petitioner, upon filing an application or renewal for an extreme risk protection order, may disclose protected health information of the respondent only to the extent necessary for the full investigation and disposition of such application or renewal for an extreme risk protection order. When disclosing protected health information, a health care provider shall make reasonable efforts to limit protected health information to the extent necessary to accomplish the filing of the application or renewal.

Upon receipt of a petition by any health care provider and for good cause shown, the court may issue orders as may be necessary to obtain any clinical records or any other records or documents relating to diagnosis, prognosis or treatment of the respondent as are necessary for the full investigation and disposition of an application for an extreme risk protection order under this section. All such records and other health information provided shall be sealed by the court.

The decision of any health care provider to disclose or not to disclose clinical records or other records or documents relating to the diagnosis, prognosis or treatment of a patient pursuant to this subsection, when made reasonably and in good faith, shall not be the basis for any civil or criminal liability with respect to such health care provider; provided, however, that any health care provider duly authorized as a petitioner shall not be subject to civil or criminal liability for failure to petition the court for the issuance or renewal of an extreme risk protection order. 

(e) The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings, determinations, orders or judgments entered in the court pursuant to section 131S or section 131T. 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 26. Chapter 258E of the General Laws is hereby amended by inserting after section 3 sections: -

Section 4A. Upon issuance of a temporary or emergency order under sections 5 or 6, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, order the immediate suspension and surrender of any license to carry firearms or firearms identification card that the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns and ammunition that the defendant then controls, owns or possesses in accordance with the provisions of this chapter and any license to carry firearms or firearms identification card that the defendant may hold shall be surrendered to the appropriate law enforcement official in accordance with the provisions of this chapter and said law enforcement official may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any weapons 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, rifles, shotguns, machine guns, ammunition and any license to carry firearms and firearms identification card 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 under this section may petition the court that issued such suspension or surrender order for a review of such action and such petition shall be heard not later than 10 court business days after the receipt of the notice of the petition by the court. If said license to carry firearms or firearms identification card has been suspended upon the issuance of an order issued pursuant to sections 5 or 6, said petition may be heard contemporaneously with the hearing under the second sentence of the second paragraph of section 5. Upon the filing of an affidavit by the defendant that a firearm, rifle, shotgun, machine gun 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 license to carry firearms and firearms identification card and the surrender of all firearms, rifles, shotguns, machine guns and ammunition that such defendant then controls, owns or possesses if the court makes a determination that the return of such license to carry firearms and firearm identification card or firearms, rifles, shotguns, machine guns and ammunition to the defendant 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 weapon is surrendered may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any weapons 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 who 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 or any successor system maintained for the purpose of conducting background checks for firearms sales or licensing.

SECTION 27. Section 10 of chapter 269 of the General Laws, as  appearing in the 2022 Official Edition, is hereby amended by inserting after subsection (j) the following subsection:-

(k)(1) Whoever possesses a firearm, rifle or shotgun, as defined in section 121 of chapter 140, in a state, county or municipal administrative building or a judicial or court administrative building and knows or reasonably should know such location is a state, county, municipal, court or judicial administrative building shall be punished by a fine of not more than $1,000. Signs stating that the carrying of a firearm is prohibited shall be clearly and conspicuously posted at the entrance of such a building.

(2) This subsection shall not apply to: (i) a law enforcement officer, including, but not limited to, a person authorized to carry firearms pursuant to 18 U.S.C. 926B or 926C; or (ii) a municipal administrative building in a municipality that votes pursuant to section 4 of chapter 4 to exclude its administrative building from the prohibition in paragraph (1).

Nothing in this subsection shall limit the authority of any state, municipality, county or judicial body from adopting policies restricting the possession of firearms, rifles, shotguns or other dangerous weapons in areas under their control.             

SECTION 28. Section 10H of said chapter 269, as so appearing, is hereby amended by inserting after the figure “140”, in line 4, the following words:- , while with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater or.

SECTION 29. Section 11A of said chapter 269, as so appearing, is hereby amended by inserting after the word “shotgun”, in line 5, the following words:-  or a completed or unfinished frame or receiver.

SECTION 30. Said section 11A of said chapter 269, as so appearing, is hereby further amended by inserting after the word “manufacture”, in line 7, the following words:-  or by a licensee authorized to serialize firearms as defined in 121 of chapter 140 or that has otherwise been assigned to a firearm pursuant to the laws of any state or pursuant to 26 U.S.C. 5842 and the regulations issued pursuant thereto.

SECTION 31. Section 11E of said chapter 269, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “of new manufacture, manufactured” and inserting in place thereof the following word:- manufactured.

SECTION 32. Said section 11E of said chapter 269, as so appearing, is hereby further amended by striking out, in lines 9 to 11, inclusive, the words “newly manufactured firearm, rifle or shotgun received directly from a manufacturer, wholesaler or distributor” and inserting in place thereof the following words:- firearm, rifle or shotgun.

SECTION 33. Said Chapter 269 is hereby further amended by inserting after section 12F the following section:-

Section 12G. Whoever intentionally strikes a dwelling or building in use by discharging an assault weapon, firearm, large capacity weapon, machine gun, rifle, sawed-off shotgun or shotgun, as defined in section 121 of chapter 140,  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 or by a fine of not more than $10,000, or both such imprisonment and fine.

SECTION 34. (a) There shall be a commission to study the commonwealth’s funding structure for violence prevention services.

(b) The commission shall consist of: the chairs of the joint committee on public health or their designees, who shall serve as co-chairs; the chairs of the joint committee on racial equity, civil rights and inclusion or their designees; the chairs of the joint committee on public safety and homeland security or their designees; the secretary of public safety and security or a designee; the secretary of health and human services or a designee; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 5 members appointed by the governor, 1 of whom shall have expertise in trauma-informed child care and early education and 4 of whom shall represent community-based organizations providing intervention and prevention services; 1 member appointed by the commission on the status of African Americans; 1 member appointed by the commission on the status of Latino and Latinas; 1 member appointed by the caucus of women legislators; 1 member appointed by the Massachusetts Association of School Superintendents, Inc.; 1 member appointed by the Massachusetts Health and Hospital Association, Inc.; 1 member from the Massachusetts Business Roundtable; and 1 member from the Massachusetts Taxpayers Foundation, Inc.

(c) The commission shall: (i) examine and evaluate the existing government funding structure for violence prevention services in the commonwealth, including funding sources, public-private partnerships, initiatives and programs utilized, specific services funded, the impact of services provided to survivors of victims of homicide in fostering healing and breaking the generational cycle of violence, communities served, how funding decisions are made and how service providers and programs are chosen; and (ii) recommend changes to promote efficiency, transparency, accessibility, collaboration and utility with the ultimate goal of enhancing violence prevention services and minimizing the disproportionate impact of violence in historically impacted communities.  The commission shall submit a report of its study and recommendations to the clerks of the house of representatives and the senate not later than December 15, 2024.

Section 35. There shall be a commission to study and investigate emerging firearm technology. The commission shall consist of: 1 member appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member appointed by the president of the senate, who shall serve as co-chair; the chairs of the joint committee on the judiciary; the secretary of public safety and security or a designee; the colonel of the state police or a designee;; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 2 persons appointed by the governor, 1 of whom shall be an expert in emerging firearm technologies; the attorney general or a designee; and 1 person appointed by the National Shooting Sports Foundation, Inc.

The 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; and (iv) an investigation of the cost and impacts associated with requiring the use of personalized firearm or microstamp technologies in the commonwealth.

The 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 not later than December 15, 2024.

SECTION 36. The department of public health, in consultation with the executive office of public safety and security, shall develop a pilot program to promote equity in access to gun safety awareness and firearm licensing education through community-based outreach. In implementing the pilot program, the department shall prioritize communities that experience barriers to accessing culturally competent and geographically accessible gun safety and firearm licensing educational resources. The department shall submit a report not later than December 31, 2025 to the joint committee on ways and means, the joint committee on public health and the joint committee on racial equity, civil rights and inclusion on the implementation of the pilot program.

SECTION 37. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a task force to review the availability of federal funding to support community violence prevention programs and to make recommendations to maximize federal funding in an equitable manner that supports community violence prevention service delivery across the commonwealth. The task force shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health or a designee; the director of Medicaid or a designee; and 9 persons to be appointed by the secretary of health and human services, 2 of whom shall represent organizations that have received a grant through the Safe and Successful Youth Initiative, 2 of whom shall represent recipients of the gun violence prevention grant through the department of public health, 2 of whom shall have lived experience with the impacts of community violence of which at least 1 shall have received services from a community violence intervention or prevention program, 1 of whom represents a hospital that currently operates a hospital-based violence prevention program in the commonwealth, 1 of whom represents a hospital in the commonwealth that does not currently operate a hospital-based violence prevention program and 1 of whom represents behavioral health care clinicians with experience providing trauma-informed care.

(b) The task force shall consider: (i) national best practices regarding culturally competent, trauma-informed community violence prevention and intervention strategies, including, but not limited to, methods to support long-term behavioral change, conflict mediation and retaliation prevention related to community violence; (ii) whether federal funds may be applied equitably to community violence prevention programs, in clinical and nonclinical settings, across geographic regions; (iii) the ability of existing community violence prevention and intervention programs to implement any federal requirements to be eligible for funding; and (iv) any impact federal funding may have on the service delivery model of violence prevention services in the commonwealth.

(c) The task force shall submit its recommendations to the governor and the clerks of the house of representatives and senate not later than May 31, 2024.

(d) Pursuant to the recommendation of the task force, the secretary of health and human services may seek a waiver to amend the Medicaid state plan and seek any federal approval necessary to access federal funds to support equitable access to community violence prevention services across the commonwealth.

SECTION 38. The first report developed pursuant to clause (10) of section 18 ¾ of chapter 6A of the General Laws following the effective date of this act shall include an analysis and compilation of all relevant data as of August 11, 2014.

SECTION 39. Subsection (c) of section 121B of chapter 140 of the General Laws shall take effect 90 days after the effective date of this act.