Amendment #13 to H5046

Licensure

Mr. Day of Stoneham moves to amend the bill by adding the following sections: -

SECTION XX. Section 131 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 6 to 8, inclusive, the words “, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority considers proper”.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 10 to 17, inclusive, the words “; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it considers proper. A violation of a restriction imposed by the licensing authority under this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that section 10 of chapter 269 shall not apply to a violation of this paragraph.”

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “of”, in lines 55, 256 and 364, in each instance, the following words: - the department of.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 73, the word “may” and inserting in place thereof the following words: - shall, following a personal interview,.

SECTION XX. Subsection (d) of said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph: -

A person residing or having a place of business within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority or the colonel of state police an application for a license to carry firearms, or renewal of the same, which the licensing authority or the colonel shall issue if it appears that the applicant is not a prohibited person or determined to be unsuitable to be issued a license as set forth in this section.

SECTION XX. Said subsection (d) of said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out clauses (vii) through (x), inclusive, and inserting in place thereof the following clauses: -

(vii) poses a risk of danger to their self or others by having in their control, ownership or possession a weapon, feeding device or ammunition;

(viii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;

(ix) has been discharged from the armed forces of the United States under dishonorable conditions;

(x) is a fugitive from justice; or

(xi) having been a citizen of the United States, has renounced that citizenship.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 137, the words “or (C)” and inserting in place thereof the following words: - (C) a permanent or temporary harassment prevention order issued pursuant to chapter 258E or a similar order issued by another jurisdiction; or (D).

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 147, the word “may” and inserting in place thereof the following word: - shall.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 149 to 150, inclusive, the words “, in a reasonable exercise of discretion, the licensing authority determines that”.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 152 to 157, inclusive, the words “: (i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety” and inserting in place thereof the following words: - reliable, articulable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety or a risk of danger to self or others.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 225, the word “may” and inserting in place thereof the following word: - shall.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 239 to 240, inclusive, the words “, suspension or restriction placed on a license” and inserting in place thereof the following word: - or suspension of a license.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 244 to 246, inclusive, the words “or, in the case of a restriction, any time after a restriction is placed on the license pursuant to this section”.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 250, the words “, revoking or restricting” and inserting in place thereof the following words: - or revoking.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 253 to 254, inclusive, the words “or may order the licensing authority to remove certain restrictions placed on the license”.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 266 to 267, inclusive, 348, 360 to 361, inclusive, 409 to 410, inclusive, and 424, each time they appear, the words “executive director of the criminal history systems board” and inserting in place thereof the following words: - commissioner of the department of criminal justice information services.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 277 to 280, inclusive, the words “6 years from the date of issue and shall expire on the anniversary of the licensee’s date of birth occurring not less than 5 years nor more than 6 years from the date of issue” and inserting in place the following words: - 3 years from the date of issuance.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the words “revoked.”, in line 321, the following words: - For the purposes of this section, a previously issued, valid license to carry or possess firearms shall expire pursuant to its original term.

SECTION XX. Subsection (i) of said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out the third sentence.

SECTION XX. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 325, the words “Class A or Class B”.

SECTION XX. Section 131F of said chapter 140, as so appearing, is hereby amended by inserting after the word “firearms”, in line 1, the following words: - , rifles or shotguns.

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out, in line 2, the word “may” and inserting in place thereof the following word: - shall.

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 6 to 8, inclusive, the words “and subject to such terms and conditions as said colonel may deem proper; provided, however, that no license shall be issued to a person who:” and inserting in place thereof the following words:- in accordance with the provisions of section 131 if it appears that the applicant is not a prohibited person or is not determined unsuitable to be issued a license as set forth in that said section 131.

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out paragraphs (i) through (x).

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out, in line 55, the words “, if in his discretion,” and inserting in place thereof the following word: - if.

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 57 to 58, inclusive, the words “The colonel may issue such license, subject to such terms and conditions as he deems proper,” and inserting in place thereof the following words: - The colonel shall issue such license in accordance with the provisions of section 131.

SECTION XX. Said section 131F of said chapter 140, as so appearing, is hereby further amended by striking out, in line 65, the word “may” and inserting in place thereof the following word: - shall.

Additional co-sponsor(s) added to Amendment #13 to H5046

Licensure