Amendment #43 to H4517
HWM Tech
Mr. Sánchez of Boston moves to amend the bill by striking out section 1 and inserting in place thereof the following sections:-
SECTION 1. Section 121 of chapter 140 of the General Laws is hereby amended by striking out, in line 1 the words “to 131Q” and inserting in place thereof the following words:- to 131X.
SECTION 1A. Said section 121 of said chapter 140 is hereby further amended, by inserting after the definition of “Conviction”, as appearing in the 2016 Official Edition, the following definition:-
“Court”, the division of the district court department or the Boston municipal court department of the trial court having jurisdiction in the city or town in which the respondent resides.
And moves to further amend the bill in section 12 by striking out, in lines 67, 204, and 213, each time it appears, the word “significant”.
And moves to further amend the bill in section 12 by striking out, in lines 136 through 138, inclusive, the words “. Nothing herein shall authorize the transfer of any weapons required to be surrendered, or surrendered, by the respondent to anyone other than a licensed dealer.” and inserting in place thereof the following words:- ; provided, however, that nothing in this section or in said section 129D shall allow the respondent to: (i) transfer any firearms, rifles, shotguns, machine guns, weapons or ammunition required to be surrendered, or surrendered, by the respondent to anyone other than a licensed dealer; or (ii) maintain control, ownership or possession of any firearms, rifles, shotguns, machine guns, weapons or ammunition during the pendency of any appeal of an extreme risk protection order; and provided further that, notwithstanding section 129D, if the licensing authority cannot reasonably ascertain a lawful owner of firearms, rifles, shotguns, machine guns, weapons or ammunition surrendered pursuant to extreme risk protection order within 180 days of the expiration or termination of the extreme risk protection order the licensing authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms, rifles, shotguns, machine guns, weapons or ammunition to properly licensed distributors or firearms dealers and the proceeds of such sale or transfer shall be remitted or credited to the municipality in which the licensing authority presides to be used for violence reduction or suicide prevention.
And moves to further amend the bill in section 12 by inserting after the word “order.”, in line 113, the following words:- The court may modify its order at any subsequent time upon motion by either party. When the petitioner’s address is inaccessible to the respondent as provided in subsection (d) of section 131R and the respondent has filed a motion to modify the court's order, the court shall be responsible for notifying the respondent. In no event shall the court disclose any such inaccessible address.
And moves to further amend the bill in section 12 by inserting after the word “an”, in line 211, the following word:- emergency.
And moves to further amend the bill in section 12 by striking out, in lines 239 to 242, inclusive, the words “to the licensing authority; 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; and” and inserting in place thereof the following words:- “to: (i) the licensing authority; (ii) the commissioner of probation; (iii) 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; and (iv)”.
And moves to further amend the bill in section 12 by striking out lines 254 to 256, inclusive, and inserting in place thereof the following:-
Section 131X. (a) Sections 131R to 131X, inclusive, shall not affect the ability of a law enforcement officer to remove firearms, rifles, shotguns, machine guns, weapons or ammunition from any person or conduct any search and seizure for firearms, rifles, shotguns, machine guns, weapons or ammunition pursuant to other lawful authority.
And moves to further amend the bill by striking out section 14 in its entirety and inserting in place thereof the following section:-
SECTION 14. Sections 1, 1A, 2, 4, 5, 7, 8, 9, 10 and 12 shall take effect 45 days after passage.
And moves to further amend the bill by inserting before the enacting clause, the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to regulate forthwith the possession of firearms in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”