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SENATE DOCKET, NO. 1628         FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1223

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard T. Moore

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency.

_______________

PETITION OF:

 

Name:

District/Address:

Richard T. Moore

 

Viriato Manuel deMacedo

1st Plymouth

Michael O. Moore

 

Stephen L. DiNatale

3rd Worcester

Demetrius J. Atsalis

2nd Barnstable

George T. Ross

2nd Bristol

George N. Peterson, Jr.

9th Worcester

Jennifer E. Benson

37th Middlesex

John J. Binienda

17th Worcester

Nicholas A. Boldyga

3rd Hampden

Christine E. Canavan

10th Plymouth

Susan Williams Gifford

2nd Plymouth

Anne M. Gobi

5th Worcester

Donald F. Humason, Jr.

4th Hampden

Randy Hunt

5th Barnstable

Michael R. Knapik

 

Marc T. Lombardo

22nd Middlesex

Shaunna O'Connell

3rd Bristol

Elizabeth A. Poirier

14th Bristol

Dennis A. Rosa

4th Worcester

Todd M. Smola

1st Hampden

Bruce E. Tarr

 

James E. Timilty

 

Daniel B. Winslow

9th Norfolk

Thomas A. Golden, Jr.

16th Middlesex

Bradford Hill

4th Essex

Angelo J. Puppolo, Jr.

12th Hampden


SENATE DOCKET, NO. 1628        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1223

By Mr. Moore, petition (accompanied by bill, Senate, No. 1223) of Winslow, Timilty, Tarr and other members of the General Court for legislation to prohibit the confiscation of lawfully owned firearms during a state of emergency [Joint Committee on Public Safety and Homeland Security].

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 964 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act prohibiting the confiscation of lawfully owned firearms during a state of emergency.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

                               SECTION 1. Chapter 140 of the Massachusetts General Laws shall be amended by adding the following section;

                               Section 129E. Prohibiting the confiscation of lawfully owned firearms.

                               No government official or any person acting on behalf of the Commonwealth of Massachusetts shall order the confiscation of, or otherwise cause the confiscation of, any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.

                               No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle, shotgun, machinegun or ammunition.

                               Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm unlawfully confiscated or by imprisonment in a state prison for not more than two and one-half years.

              Nothing in this section shall prohibit the confiscation of a firearm, rifle, shotgun, machinegun or ammunition from any person who;

                               (a)    Has been placed under arrest;

                               (b)    Who is the subject of a protection order issued under Chapter 209A;

                               (c)    Has had their Firearm Identification Card or License to Carry revoked or suspended.

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