Amendment #1 to H3476

H.3476 Imitation Firearms Corrective Amendment

Representatives Cullinane of Boston, Cronin of Easton, Benson of Lunenburg, Livingstone of Boston, Donahue of Worcester and Ashe of Longmeadow move to amend the bill in section 2, by striking out lines 7 through 17, and replacing them with the following:

‘“Imitation firearm,” any air rifle, or air hand gun, or pellet gun, or bb-gun, or any object made of plastic, wood, metal, or any material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, or hand gun, unless such air rifle, or air hand gun, or pellet gun, or bb-gun, or device of object: is marked with a non-removable orange stripe which is at least 1 inch in width and runs the entire length of the barrel on each side and the front end of the barrel and runs the length of the handle on each side and the underside of the handle. “Imitation firearm” does not include any non-firing replica of an antique firearm, the original of which was designed, manufactured, and produced prior to 1898 or for permanent display or temporary exhibit in a Massachusetts Museum provided that said firearms are rendered inoperable.”’

And further amend the bill in Section 3, by inserting  after the word, “production,” in line 20, the following:  “or for permanent display or temporary exhibit in a Massachusetts Museum.”

And further amend the bill in Section 3, , by inserting  after the words, “chapter 93A.” in line 26, the following: “Whenever the Attorney General shall believe from evidence satisfactory to the Office of the Attorney General that any person, firm, corporation, or association, or agent, or employee thereof has violated any provision of this law, the Attorney General may bring an action or special proceeding in the supreme court for a judgement enjoining the continuance of such violation and for a civil penalty of not more than $5,000 for each violation. A violation under this law shall be defined as one non-compliant imitation firearm. If it shall appear to the satisfaction of the court or justice that the defendant has violated any provision of this article, no proof shall be required that any person has been injured thereby, nor that the defendant knowingly or intentionally violated such provision. In connection with any such proposed application, the Attorney General is authorized to take proof, issue subpoenas, and administer oaths in the manner provided in the civil practice laws and rules.”

And further amend the bill in Section 3, by inserting after the word, “production,” in line 30, the following two subsections:

“(d) Non-compliant imitation firearms legally purchased prior to the implementation of H.3476 may only be used on private property, including at existing paintball and air soft recreational facilities, provided that the private property is not in public view or in view from a public way.”

“(e) Existing licensed recreational paintball and air-soft ranges or facilities shall be allowed to rent, for on-site use only, the current stock of existing non-compliant rental air guns and or paintball guns owned by the business. All retail air rifle, or air hand gun, or pellet gun, or bb-gun, or any object made of plastic, wood, metal, or any material which substantially duplicates or can reasonably be perceived to be an actual firearm, rifle, shotgun, or hand gun, intended for sale shall be subject to this law.”