Budget Amendment ID: FY2015-S4-631-R1
Redraft EPS 631
Removal of Pepper Spray from Firearms Identification
Messrs. Ross, Tarr, Hedlund, Michael O. Moore and Humason moved that the proposed new text be amended by inserting after section 75 the following 6 sections:-
“SECTION 75A. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 to 8, inclusive, the words “chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate”.
SECTION 75B. Said chapter 140 is hereby further amended by inserting the following 2 sections:-
Section 122C. (a) As used in this section and section 122D, “self-defense spray” shall mean chemical mace, pepper spray or any device or instrument which contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.
(b) Whoever, not being licensed as provided in section 122B, sells self-defense spray shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in a house of correction for not less than 6 months nor more than 2 years.
(c) Whoever sells self-defense spray to a person less than 18 years of age, if the person under 18 years age does not have a firearms identification card, shall be punished by a fine of not more than $300.
(d) A person under 18 years of age who possesses self-defense spray and who does not have a firearms identification card shall be punished by a fine of not more than $300.
Section 122D. No person shall purchase or possess self-defense spray who:
(i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender or delinquent child as defined in section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C; provided, however, that except for the commission of a violent crime or a crime involving the trafficking of controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than 5 years immediately preceding such purchase or possession, such person may purchase or possess self-defense spray;
(ii) in any other state or federal jurisdiction, has been convicted or adjudicated a youthful offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C; provided, however, that, except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than 5 years immediately preceding such purchase or possession and such applicant's right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, such person may purchase or possess self-defense spray;
(iii) has been confined to any hospital or institution for mental illness unless the person obtains, prior to purchase or possession, an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing self-defense spray;
(iv) is or has been under treatment for or confined for drug addiction or habitual drunkenness unless such person is deemed to be cured of such condition by a licensed physician, in which case, such person may purchase or possess self-defense spray after the expiration of 5 years from the date of such confinement or treatment; provided, however, that prior to such purchase or possession of self-defense spray, the applicant shall submit an affidavit issued by the licensed physician to the effect that such physician knows the person’s history of treatment and that in such physician's opinion the applicant is deemed cured;
(v) at the time of the application, is less than 15 years of age;
(vi) at the time of the application, is at least 15 but less than 18 years of age unless the applicant submits with the application a certificate from the applicant’s parent or guardian granting the applicant permission to apply for a card;
(vii) is an alien;
(viii) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or
(ix) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
Whoever purchases or possesses self-defense spray in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in a house of correction for not less than 6 months nor more than 2 years.
SECTION 75C. Section 129B of said chapter 140, as so appearing, is hereby amended by inserting after the word “card”, in line 141, the following words: issued pursuant to subclause (vi) of clause (1).
SECTION 75D. Said section 129B of said chapter 140, as so appearing, is hereby further amended by inserting after the word “issued”, in lines 155 and 206, each time it appears, the following words:- pursuant to subclause (vi) of clause (1).
SECTION 75E. Section 131 of said chapter 140, as so appearing, is amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) A Class A and a Class B license shall each be valid for the purpose of owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, consistent with the entitlements conferred by a firearm identification card issued under section 129B.
SECTION 75F. Section 131P of said chapter 140, as so appearing, is hereby amended by striking out, in lines 12 to 17, inclusive, the words “; and provided further, that an applicant for a firearms identification card for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be required to complete a basic firearms safety course as a prerequisite for receiving such card”.”