Amendment ID: S2265-56-R1

Redraft Amendment 56

Delivery and Surrender

Mr. Richard T. Moore, Ms. Donoghue, Messrs. Tarr and Humason move to amend the bill by striking sections 39, 40, 41, 42 and 43 in their entirety and inserting in place thereof the following 3 sections:-

SECTION 39.  Section 129D of said chapter 140, as so appearing, is hereby amended by striking the first paragraph in its entirety and inserting in place thereof the following paragraph:- “Upon revocation, suspension or denial of an application for a firearm identification card pursuant to the conditions of section one hundred and twenty-nine B, or of any firearms license if said firearms identification card is not then in force or of any machine gun license, the person whose application was so revoked, suspended or denied shall without delay deliver or surrender, to the licensing authority where they reside, all firearms, rifles, shotguns and machine guns and ammunition which they then possess unless an appeal is pending.  Such person, or their legal representative, shall have the right, at any time up to one year after said delivery or surrender, to transfer such firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of such firearms, rifles, shotguns and machine guns and ammunition and upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within ten days deliver such firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and due care shall be observed by the licensing authority in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition; provided, however that the purchaser or transferee shall affirm in writing that said purchaser or transferee will not, in violation of section 129C of said chapter 140, transfer said firearms, rifles, shotguns, or machine guns or ammunition to the former owner.  The licensing authority shall, at the time of delivery or surrender, inform the person in writing of their ability, within one year after delivery or surrender, to transfer said firearms, rifles, shotguns, and machine guns and ammunition to any licensed dealer or other person legally permitted to purchase or take possession.”

SECTION 40.  The third paragraph of said section 129D of said chapter 140, as so appearing, is hereby amended by inserting at the end thereof the following:- “; provided, however, that no firearm, rifle, shotgun or machine gun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q of chapter 140 shall be sold at public auction pursuant to this section.”

SECTION 41.   Said section 129D of chapter 140, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:- “The licensing authority, at its discretion, may, if no lawful owner can reasonably be ascertained within 180 days of acquisition by the authority, trade or dispose of surplus, donated, abandoned or junk firearms, rifles, shotguns or machine guns or ammunition to properly licensed distributors or firearms dealers with the proceeds of the sale or transfer being remitted or credited to the municipality in which the licensing authority presides for the purchase of weapons, equipment or supplies, or for violence reduction or suicide prevention; provided, however, that no firearm, rifle, shotgun or machine gun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q of chapter 140 shall be considered surplus, donated, abandoned or junk for the purposes of this section.”