Amendment #4 to H4135

Ghost Guns

Mr. Soter of Bellingham moves to amend the bill by striking the bill in its entirety and inserting the following section:

SECTION 1. Chapter 269 of the General Laws shall be amended by inserting a new section:

10L: Criminal Manufacture and Transfer of Weapons

For the purposes of the section:

“Firearm”, a weapon, including but not limited to, a pistol, revolver, rifle, shotgun, sawed-off shotgun, assault-weapon and machine gun which is designed to or may readily be converted to expel a shot or bullet via a chemical reaction; provided, however, that the term firearm shall not include any antique firearm or permanently inoperable firearm.

“Firearm Part”, shall mean a frame, receiver, barrel or trigger assembly.

“Unlawful Manufacture”, the unlawful production, assembling, or manufacturing of firearms or ammunition for purposes of unlawful transfer, sale, possession, or distribution. Any person lawfully licensed to possess, carry, or transfer any type of firearm in the Commonwealth shall be exempt from this section.

Any prohibited person who is in possession of a firearm part, as defined in this section, shall be punished by imprisonment in the state prison for not more than 5 years.

Any prohibited person who unlawfully manufactures a firearm shall be punished by imprisonment in the state prison for not more than 5 years.

Any person who unlawfully manufactures a firearm and transfers or supplies said weapon to a prohibited person within or without of the Commonwealth shall be punished by imprisonment in the state prison for not more than 10 years.

Whoever transports an unlawfully manufactured firearm into the Commonwealth to use the weapon for the commission of criminal activity shall be punished by imprisonment in the state prison for not more than 10 years.

Whoever, while in the commission of a felony, has in his possession or under his control an unlawfully manufactured firearm shall be punished by imprisonment in the state prison for not less than 10 years.

Whoever transports an unlawfully manufactured firearm into the Commonwealth to unlawfully distribute, sell, or transfer possession of a firearm or firearm parts to a prohibited person, shall be punished by imprisonment in the state prison for not more than 20 years.

Whoever transports an unlawfully manufactured firearm into the Commonwealth to unlawfully distribute, sell or transfer the weapon to a prohibited person and the firearm is subsequently used to commit severe bodily injury or murder, shall be punished by imprisonment in the state prison for up to life imprisonment.

Upon conviction of this section, the courts shall notify the appropriate federal authorities of potential violations of federal manufacturing and transfer laws.