SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2584

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. Chapter 6A of the General Laws is hereby amended by inserting after section 18AA the following section:-

Section 18BB. (a) Notwithstanding any general or special law to the contrary, the executive office of public safety and security shall establish a task force focused on the trafficking of illegal firearms. The task force shall consist of: the secretary of public safety and security or a designee, who shall serve as chair; the attorney general or a designee; the chairs of the joint committee on public safety and homeland security or their designees; 2 members appointed by the Massachusetts Black and Latino Legislative Caucus; 1 member appointed by the Massachusetts Chiefs of Police Association Incorporated; 1 member appointed by the Massachusetts Major City Chiefs of Police Association; 1 member appointed by the Massachusetts District Attorneys Association; and 1 member appointed by the governor, who shall reside in a gateway municipality, as defined in section 3A of chapter 23A of the General Laws.

(b) The task force shall: (i) track the prevalence and distribution of illegal firearms in the commonwealth; (ii) track the means by which illegal firearms are entering the commonwealth; (iii) study where illegal firearms are used most frequently in violent crimes and suicides; (iv) recommend improvements for how state and local law enforcement agencies can better track and trace the illegal trafficking of firearms; and (v) recommend best practices for the enforcement of statutes regarding the illegal trafficking of firearms.

(c) The task force shall submit an annual report, along with any legislative and regulatory recommendations, to the chairs of the joint committee on public safety and homeland security, the secretary of public safety and security and the attorney general.

SECTION 2. Section 18 ¾ of said chapter 6A, 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 containing, the following information: (i) statistics related to firearms crimes and attempted or completed suicides by firearms; (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 a 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 and, if reasonably ascertainable, such firearms’ means of entry into the commonwealth including, but not limited to, by state or federal highway, port of entry or any other means; (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 and attempted or completed suicides 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 and attempted or completed suicides; (vii) firearm purchase and sales patterns as they relate to firearms traced to crimes and attempted or completed suicides, including an analysis of the number of firearms traced to a crime or attempted or completed suicide 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 or attempted or completed suicide 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 3. Section 36A of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding this section, a court shall, pursuant to section 35 and section 36C, transmit information contained in court records to the department of criminal justice information services, which shall provide the information to: (i) licensing authorities as defined under section 121 of chapter 140; provided, however, that information shared under this clause shall be information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing; and (ii) the Federal Bureau of Investigation; provided, however, that the information shared under this clause shall be information required or permitted under federal law to be included in the National Instant Criminal Background Check System maintained to conduct background checks for firearms sales or licensing; provided further, that the court shall not transmit information solely because a person seeks voluntary treatment or is involuntarily hospitalized for assessment or evaluation. Information transmitted to the department of criminal justice information services pursuant to this section and said sections 35 and 36C shall not be considered public records pursuant to section 10 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4. The information required to be transmitted under clause (i) of this paragraph shall be disseminated automatically to the licensing authority through the Criminal Justice Information System for each commitment that is ordered as soon as the information is available.

SECTION 4. Section 36C of said chapter 123, 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 subsection (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 said subsection (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 5. Section 14 of chapter 131 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following 3 paragraphs:-

The executive office of public safety and security, in collaboration with the department of public health, shall develop educational materials on harm reduction which shall be discussed and distributed by the instructor to every participant in a hunter education course pursuant to this section.

The educational materials shall promote suicide prevention through safe practices by firearms’ owners to reduce access to lethal means. The materials shall include, but not be limited to, information relative to: (i) the prevalence of suicide by firearm compared to other forms of firearms’ violence, including demographic trends; (ii) the risks of injury and suicide that may be associated with household firearms, including the rate of survival for suicide attempts by firearms compared to other means of attempted suicide; (iii) best practices for identifying and reducing the risk of suicide involving household firearms; (iv) available resources to learn more about safe practices and suicide prevention; and (v) such additional information as determined by the commissioner of public safety and security to be relevant to this section.

The executive office of public safety and security, in collaboration with the department of public health, shall develop a notice providing information on suicide prevention which shall be posted on the executive office’s website and posted and distributed in accordance with clause Fourteenth of the first paragraph of section 123 of chapter 140. Such notice shall include, but not be limited to: (i) information on signs and symptoms of depression; (ii) state and federal suicide prevention hotlines; and (iii) resources for individuals at risk of suicide.

SECTION 6. 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; provided further, that the weapon shall not be considered a copy or duplicate if the weapon was owned and registered in the commonwealth prior to July 20, 2016; provided further, that a weapon shall not be considered a copy or duplicate if the weapon was owned and registered in the commonwealth prior to July 20, 2016; 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, unless it has been rendered permanently inoperable or otherwise rendered permanently unable to be designated as a semiautomatic assault weapon; and provided further, that the previous proviso shall not apply to copies and duplicates of a weapon identified in said subclauses (a) to (i), inclusive, of said clause (i) that were sold, owned and registered prior to July 20, 2016.

SECTION 7.  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 8. 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 9. 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 10. 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, rifles or shotguns.

SECTION 11.  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 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 12. 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; provided, however, that adjusting or using a device to adjust the trigger pull weight of a firearm, rifle or shotgun or adjusting or replacing a magazine spring in a firearm, rifle or shotgun shall not cause the firearm, rifle or shotgun to be considered to have a rapid-fire trigger activator.

“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 13. 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 14. 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 15. 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 16. 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 17. 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 rebuttable 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: (i) the printer or machine is marketed or sold in a manner that: (A) advertises that it may be used to manufacture or assemble firearms, rifles, shotguns or completed or unfinished frames or receivers; (B) foreseeably promotes the printer’s or machine’s use in manufacturing or assembling assemble firearms, rifles, shotguns or completed or unfinished frames or receivers, regardless of whether the printer or machine is otherwise described or classified as having other functions or as a general-purpose printer or machine; or (C) includes a digital firearm manufacturing code, as defined in section 121D; or (ii) the person who possesses, purchases or receives the 3-dimensional printer or computer numerical control milling machine also possesses, purchases or receives a digital firearm manufacturing code, as defined in said section 121D.

(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 firearms to sell or transfer ownership of a firearm, rifle, shotgun or completed or unfinished frame or receiver if the person:

(i) manufactured or assembled the firearm, rifle, shotgun or completed or unfinished frame or receiver without a valid license to manufacture firearms;

(ii) knowingly caused the firearm, rifle, shotgun or completed or unfinished frame or receiver 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, rifle, shotgun or completed or unfinished frame or receiver 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, shotgun or completed or unfinished frame or receiver to a law enforcement agency.

(g) A violation of this section shall be punishable by imprisonment in a jail or house of correction for not more than 12 months or by 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 18. Section 122 of said chapter 140, as appearing in the 2022 Official Edition, is hereby amended by striking out the sixth sentence and inserting in place thereof the following sentence:-  Any person refused a license under this section may within 10 days thereafter appeal to the division of the district court in which the licensing authority for such license is located and the court may direct said licensing authority to grant such license if, after a hearing, the court is satisfied there were no reasonable grounds for the refusal to grant such license and that the applicant was not barred by law from holding such a license.

SECTION 19.  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 20. 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. It shall not be a violation of this section for a firearm industry member to design, advertise, market, import or sell at wholesale or retail a firearm industry product in a manner that recommends or encourages persons under the age of 18 to participate lawfully in hunting or shooting sports.

(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 21. 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 22. Said section 129B of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 100 and 101, the words “or (xi)” and inserting in place thereof the following words:-

(xi) is registered in the voluntary do-not-sell firearms list established in section 131Z; or (xii).

SECTION 23. 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, advanced practice registered nurse or clinical psychologist attesting that such physician, advanced practice registered nurse or clinical psychologist is familiar with the applicant’s mental illness and that in the physician’s, advanced practice registered nurse’s or clinical 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 24. Section 131 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 136 and 137, the words “or (x)” and inserting in place thereof the following words:- (x) is registered in the voluntary do-not-sell firearms list established in section 131Z; or (xi).

SECTION 25. Subsection (e) of said 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, advanced practice registered nurse or clinical psychologist attesting that such physician, advanced practice registered nurse or clinical psychologist is familiar with the applicant’s mental illness and that in the physician’s, advanced practice registered nurse’s or clinical 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 26. Subsection (l) of said section 131 of said chapter 140, as so appearing, is hereby amended by inserting after the sixth sentence the following sentence:- The department of criminal justice information services shall send electronically or by first class mail to the licensing authority of each such license to carry firearms a notice of the expiration of such license not less than 5 days after the expiration including the expiration date of the license and the name and address of the licensee.

SECTION 27. Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expiration”, in line 353, the following words:- to the licensee.

SECTION 28. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 410 and 411, the words “and trigger cranks” and inserting in place thereof the following words:- , trigger cranks and any other rapid-fire trigger activators.

SECTION 29. 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 30.  Subsection (a) of section 131P of said chapter 140, as so appearing is hereby amended by inserting after the first paragraph the following 3 paragraphs:-

The executive office of public safety and security, in collaboration with the department of public health, shall develop educational materials on harm reduction which shall be discussed and distributed by the instructor to every participant in a firearms safety course pursuant to this section.

The educational materials shall promote suicide prevention through safe practices by firearms’ owners to reduce access to lethal means. The materials shall include, but not be limited to, information relative to : (i) the prevalence of suicide by firearm compared to other forms of firearms’ violence, including demographic trends; (ii) the risks of injury and suicide that may be associated with household firearms, including the rate of survival for suicide attempts by firearms compared to other means of attempted suicide; (iii) best practices for identifying and reducing the risk of suicide involving household firearms; (iv) available resources to learn more about safe practices and suicide prevention; and (v) such additional information as determined by the commissioner of public safety and security to be relevant to this section.

The executive office of public safety and security, in collaboration with the department of public health, shall develop a notice providing information on suicide prevention which shall be posted on the executive office’s website and posted and distributed in accordance with clause Fourteenth of the first paragraph of section 123. Such notice shall include, but not be limited to: (i) information on signs and symptoms of depression; (ii) state and federal suicide prevention hotlines; and (iii) resources for individuals at risk of suicide.

SECTION 31. Said section 131P of said chapter 140, as so appearing, is hereby further amended by striking out, in line 57, the words “and (d)” and inserting in place thereof the following words:- (d) educational materials on harm reduction as developed by the executive office of public safety and security; and (e).

SECTION 32. 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 33. 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 34. 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 35. 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 36. Said chapter 140 is hereby further amended by inserting after section 131Y the following section:-

Section 131Z. (a) The department of criminal justice information services shall establish a voluntary do-not-sell firearms list. Any person who voluntarily registers their name to the list shall be prohibited from the purchase, rental, lease, borrowing, possession and carrying of firearms. The department shall maintain and update the list, which shall be accessible only to licensing authorities as defined in section 121 and the colonel of state police. The department shall promulgate rules and regulations as necessary to implement this section.

(b) The department, the colonel of state police and licensing authorities, as defined in section 121, shall not disclose any information regarding a request to register or deregister with the list or any other personal identifying information contained in or related to the list; provided, however, that such information may be disclosed to a law enforcement officer, as defined in section 1 of chapter 6E, acting in the performance of the officer’s official duties or the applicant with respect to the applicant’s own information. A request to register or deregister with the list and any other personal identifying information contained in or related to the list shall not be considered: (i) by a court in any legal proceeding; (ii) as a condition of receiving employment, benefits or other services; or (iii) a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66.

(c) A person 18 years of age or older may voluntarily apply in writing to the department to request registration with the list and, upon registration, may thereafter apply in writing to the department to request to be deregistered with the list. The department shall prescribe forms to receive and process applications for registration and deregistration with the list. Such forms shall state that any person registered with the list shall not be deregistered until 21 days after receiving an application for deregistration. The commissioner of criminal justice information services shall make the forms available on the department website and the colonel of state police shall make the forms available on the department of state police website.

(d) Any person requesting registration or deregistration with the list shall submit a photocopy of: (i) a motor vehicle license issued pursuant to section 8 of chapter 90; (ii) an identification card issued under section 8E of said chapter 90; (iii) a valid passport issued by the United States government; or (iv) a valid United States-issued military identification card to accompany the registration and deregistration form. The request for registration or deregistration with the list may be submitted to the department of criminal justice information services by mail or in person at any department of state police office location.

(e) Upon a person’s registration with the list, the department of criminal justice information services shall confirm the registration with the applicant and submit a notification of such registration to the attorney general of the United States to be included in the National Instant Criminal Background Check System.

(f) The department shall not deregister any person from the list until 21 days after receipt of the person's deregistration application. Upon deregistration, the department shall: (i) submit a notification indicating the person’s deregistration with the list to the attorney general of the United States to be included in the National Instant Criminal Background Check System; and (ii) destroy all records of registration and deregistration and any other personal identifying information contained in or related to the list attributable  to the person.

(g) The department shall engage in a public awareness campaign to raise awareness about the ability of individuals to register with the list.

SECTION 37. Chapter 258E of the General Laws is hereby amended by inserting after section 4 the following 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 38. 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 each 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 39. Section 10A of said chapter 269, as so appearing, is hereby amended by striking out, in line 11, the words “firearm shall” and inserting in place thereof the following words:- firearm, including any combination of parts designed or redesigned and intended for use in assembling or fabricating any such instrument, attachment, weapon or appliance and any part intended only for use in such assembly or fabrication, shall.

SECTION 40. Said section 10A of said chapter 269, as so appearing, is hereby further amended by striking out, in line 16, the words “or appliance” and inserting in place thereof the following words:- , appliance or parts.

SECTION 41. 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 42. 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 43. 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 44. 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 45. 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 46. 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 12H. Whoever intentionally strikes or attempts to strike a law enforcement officer acting in the discharge of their 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 house of correction for not more than 2 years and a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years; provided, however, that such person shall also be liable in tort to any person for all damages sustained thereby.

SECTION 47. Chapter 276 of the General Laws is hereby amended by inserting after section 58B the following section:-

Section 58C. (a) A person who has been charged with a crime under section 17 or 18C of chapter 265 who has been released after a hearing pursuant to section 42A, 58, 58A or 87 or who has subsequently been determined after a hearing, by clear and convincing evidence, to have violated a condition of release by committing any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machine gun or assault weapon shall be deemed a danger to the safety of the community and the presiding judicial officer shall enter an order of revocation and detention.

(b) A person who has been charged with any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machine gun or assault weapon who has been released after a hearing pursuant to section 42A, 58, 58A or 87 and who has subsequently been determined after a hearing, by clear and convincing evidence, to have violated a condition of release by committing a crime under section 17 or 18C of chapter 265 shall be deemed a danger to the safety of the community and the presiding judicial officer shall enter an order of revocation and detention.

(c) A person who has been charged with an offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machine gun or assault weapon who has been released after a hearing pursuant to section 42A, 58, 58A or 87 and who has subsequently been determined after a hearing, by clear and convincing evidence, to have violated a condition of release by committing an offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machine gun or assault weapon shall be deemed a danger to the safety of the community and the presiding judicial officer shall enter an order of revocation and detention.

(d) A person detained under this section shall be brought to a trial as soon as reasonably possible; provided, however, that in the absence of good cause, the person held shall not be detained for more than  120 days by the district court or for not more than 180 days by the superior court, excluding any period of delay under Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure.

SECTION 48. (a) There shall be a special 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; the commissioner of public health 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; (ii) study the feasibility of a statewide grant for municipal boards of health, health departments and health commissions for the development and operation of a public health and safety approach to preventing targeted violence through structured collaboration that brings together local law enforcement, housing providers, human services providers, youth providers, educators, residents, community-based organizations, coalitions and other stakeholders to address housing, health care, substance use and mental health issues as they relate to violence prevention and intervention; and (iii) 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 49. There shall be a special 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; (iv) the creation and operation of a ballistics and forensics gun laboratory in the Worcester Police Department’s Real Time Crime Center for the use and benefit of regional law enforcement; (v) an evaluation of the risks associated with the use of a digital firearm manufacturing code for machine learning and artificial intelligence; and (vi) 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 50. 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 51. (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 11persons 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, 1 of whom represents a suicide prevention program in the commonwealth, 1 of whom represents a sexual and domestic violence program in the commonwealth 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 52. There shall be a special commission to study the benefits and feasibility of adding live-fire training to the requirements for a basic firearms safety certificate under section 131P of chapter 140 of the General Laws. The commission shall consist of: the secretary of public safety and security or a designee, who shall serve as chair; the colonel of state police or a designee; the attorney general or a designee; 1 member appointed by the Massachusetts Chiefs of Police Association Incorporated; 1 member appointed by the Gun Owners’ Action League, Inc.; 1 member appointed by the Massachusetts Coalition to Prevent Gun Violence, Inc.; and 3 members appointed by the governor, 2 of whom shall be certified firearms safety instructors and 1 of whom shall represent a sportsmen’s association.

The commission shall study and make recommendations regarding the benefits and feasibility of adding live-fire training to the requirements for a basic firearms safety certificate. The study shall include: (i) the cost of such training to applicants, instructors and the commonwealth; (ii) the availability of resources necessary to implement the training, including the geographic distribution of ranges and instructors and the capacity of ranges and instructors; (iii) recommendations on the types of firearms, rifles or shotguns that should be included in live-fire training; (iv) academic research regarding the effectiveness of live-fire training in promoting safety and reducing firearms accidents; and (v) any other information related to certified firearms safety instructors or the basic firearms safety certificate and deemed relevant to the study.

The commission shall submit the study and recommendations, including any legislative recommendations, to the clerks of the house of representatives and the senate and the joint committee on public safety and homeland security not later than August 1, 2025.

SECTION 53. The department of state police shall enter into an interagency agreement with the department of public health to share gun data received by the department of state police pursuant to section 131Q of chapter 140 of the General Laws. The department of public health may enter into data sharing agreements with researchers to advance gun violence prevention.

SECTION 54. (a) There shall be a special commission to study, investigate and make recommendations on improvements to firearm data collection, maintenance, access and analysis, including, but not limited to: (i) changes to existing state and local data collection efforts reflecting the updated serialization requirements set forth in this act; (ii) non-retail transfers of ownership or possession of firearms, rifles, shotguns or completed or unfinished frames or receivers; (iii) licensed firearm dealer reporting of sales or transfers of parts of firearms, rifles or shotguns; (iv) data sharing practices between federal, state and local agencies; (v) data access for licensing authorities as defined in section 121 of chapter 140 of the General Laws related to processing applications for firearm identification cards or licenses to carry firearms; (vi) data access for said licensing authorities to assist in determining whether activity involving the holder of a firearm identification card or license to carry may render said holder a prohibited or unsuitable person pursuant to sections 129B or 131 of  said chapter 140; and (vii) consolidation and clarification of existing data reporting statutes, including, but not limited to, sections 123, 128A and 129C of said chapter 140.

(b) The commission shall consist of: the secretary of public safety and security or a designee, who shall serve as co-chair; the attorney general or a designee, who shall serve as co-chair; the chairs of the joint committee on the judiciary or their designees; the chairs of the joint committee on public safety and homeland security or their designees; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the colonel of the state police or a designee; the commissioner of  criminal justice information services or a designee; the commissioner of public health or a designee; the commissioner of children and families or a designee; 1 member appointed by the Massachusetts District Attorneys Association; the president of the Massachusetts chapter of the National Association of Social Workers, Inc. or a designee; the executive director of  the National Alliance on Mental Illness of Massachusetts, Inc. or a designee; the deputy director of the Massachusetts Public Health Association or a designee; and 3 members appointed by the governor, 1 of whom shall be a police chief from a rural community selected from a list of 3 nominees from the president of the Massachusetts Chiefs of Police Association Incorporated, 1 of whom shall be a police chief from an urban or suburban community selected from a list of 3 nominees from the president of the Massachusetts Chiefs of Police Association Incorporated and 1 of whom shall be an expert in data collection and analytics.

(c) The commission shall submit a report, together with any legislative or regulatory recommendations, to the house and senate committees on ways and means and the clerks of the house of representatives and senate not later than August 1, 2025.

SECTION 55. The secretary of public safety and security, in consultation with the attorney general, the Massachusetts District Attorneys Association and the Massachusetts Chiefs of Police Association Incorporated, shall report on prosecutorial activity, including charges, dismissals, acquittals and sentencing, pursuant to: (i) section 121 of chapter 140 of the General Laws; and (ii) sections 10, 93 and 96 of chapter 269 of the General Laws .

The secretary of public safety and security, in consultation with the attorney general, the Massachusetts District Attorneys Association and the Massachusetts Chiefs of Police Association Incorporated, shall report on the status of and any relevant progress of: (i) section 6 of chapter 22C of the General Laws; (ii) sections 131P and 131Q of chapter 140 of the General Laws; and (iii) section 56C of chapter 215 of the General Laws.

The report and legislative recommendations shall be submitted to the clerks of the senate and house of representatives, the joint committee on public safety and homeland security and the joint committee on the judiciary not later than 180 days following the passage of this act.

SECTION 56. The first report developed pursuant to clause (10) of section 18 ¾ of chapter 6A of the General Laws after the effective date of this act shall include an analysis and compilation of all relevant data as of August 11, 2014.

SECTION 57. Subsection (c) of section 121B of chapter 140 of the General Laws shall take effect 90 days after the effective date of this act.