by striking the existing text and inserting in place thereof the following text:

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 121 of chapter 140 of the Massachusetts General Laws is hereby amended by striking out the definition of “machine gun” and inserting in place thereof the following definitions:-

“Rapid Fire Trigger activator”, any device, that when attached to a semiautomatic firearm, allows that firearm to discharge multiple shots or bullets by a single continuous activation of its trigger.”

''Machine gun'', a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun; provided, however, that ''machine gun'' shall include bump stocks, trigger cranks and any other rapid-fire trigger activators.

SECTION 3. Said chapter 140 is hereby further amended by inserting after section 121A the following 2 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 state prison for not more than 5 years, 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 10 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, for a first offense by imprisonment in a state prison for not more than 5 years, 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 and, for a second or subsequent offense, imprisonment in a state prison for not more than 10 years, by a fine of not more than $15,000 per weapon in violation of this section, 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 imprisonment in a state prison for no more than 5 years, a fine of not more than $5,000 per weapon in violation of this subsection and, for a second or subsequent offense, imprisonment in a state prison for not more than 10 years, by a fine of not more than $15,000 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, provided that it be serialized within 10 days;

(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;

(xi)  the possession or importation of an existing firearm, rifle, shotgun or any completed or unfinished frame or receiver by a person who is not prohibited under state or federal law within 90 days of the effective date of this act, 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) A violation of this section shall be punishable by not more than 18 months imprisonment or a fine of up to $15,000 per violation or by both such fine and imprisonment.

(e) 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 4. 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 5. 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 6. 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) an extreme risk protection order issued pursuant to sections 131R to 131X, inclusive, or a similar order issued by another jurisdiction.

SECTION 7. The executive office of public safety and security, shall create and oversee a firearms safety education fund to provide grants to school districts, law enforcement agencies and non-profit organizations for the purpose of education relative to compliance with Massachusetts firearms laws and firearms safety.

(b) such fund shall receive proceeds from fines incurred in illegal firearms possession or trafficking crimes.

SECTION 8. Chapter 269 is hereby amended by striking out section 10I, as so appearing, 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 in state prison for not more than 2 years or a fine of not more than $1,000 per weapon or by both such fine and imprisonment.

(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 state prison for not less than 5 years nor more than 10 years.

SECTION 9. 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. Whoever intentionally strikes any law enforcement officer acting in the discharge of his duties by discharging an assault weapon, firearm, large capacity weapon, machine gun, rifle, stun gun, sawed-off shotgun or shotgun, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years, and shall also be liable in tort to any person for all damages sustained by him thereby.

SECTION 10. Chapter 140 is hereby amended in section 121 by inserting at the end of the section the following sentence:-

“An approved firearms roster, including manufacturer, model and caliber of all firearms that have passed the testing requirements of Section 123 of Chapter 140 of the Massachusetts General Laws shall be maintained and published annually by the Office of the Attorney General.”

SECTION 11. Section 10 of chapter 269 of the General Laws, as  appearing in the 2022 Official Edition, is hereby amended by striking subsection (j) the and inserting in place thereof the following subsection:-

(j) For the purposes of this paragraph, ''firearm'' shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.

Whoever, not being a law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded, or other dangerous weapon in any place deemed a prohibited place by Massachusetts General Law, without written authorization of the board or officer in charge of said prohibited place shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.

SECTION 12. Pursuant to section 2A of Chapter 4 of the General Laws, there is hereby established the Massachusetts commission on gun violence reduction, consisting of 9 members.  2 of whom shall be members from the legislature, 1 of whom shall be a member of the house of representatives, who shall serve as co-chair, and 1 of whom shall be a member of the senate, who shall serve as co-chair; 3 of whom shall be representatives of gun violence prevention nonprofit organizations appointed by the governor; 1 of whom shall be a member of the attorney general’s office, appointed by the attorney general; 1 of whom shall be appointed by the Massachusetts Chiefs of Police and 1 of whom shall be appointed by the Massachusetts State Police.

(a) Members of the commission shall be appointed for a term of 4 years. The council shall meet 4 times annually for the first 4 years. Every 4 years, the council shall evaluate the progress of its efforts and shall disband unless a majority of the members recognize a continuing need for the council to exist.

(b)The commission shall study and provide annual recommendations for changes in relevant laws and regulations, identify effective use of state funding for gun violence prevention, and pursue federal gun violence prevention grant activities.