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Legislation as Filed

Please note: Below you will find the legislation as filed by Governor Patrick. After being filed, bills are sent to the Massachusetts legislature where they may be amended or altered.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 10 of chapter 66 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word "request", in line 62, the following words:- , but the executive director of the criminal history systems board, or his agent, may disclose records pertaining to persons who own or possess rifles, shotguns, firearms, machine guns, large capacity weapons or large capacity feeding devices, as defined in section 121 of chapter 140, to licensees under section 122 of chapter 140 to comply with section 131E of chapter 140.

SECTION 2. The second paragraph of section 123 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- No person licensed under section 122 shall sell, rent or lease, to another person, other than to an exempt person under subsection (c) of section 131E, more than 1 rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device in any 30-day period.

SECTION 3. Section 128A of chapter 140 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences:- Any sale or transfer conducted under this section shall comply with section 131E and shall take place at the location of a dealer licensed under section 122, who shall transmit the information required by this section for the purchases and sales by utilizing the electronic verification link established by the executive director of the criminal history systems board. A licensed dealer may charge the seller a fee not to exceed $25 for each sale or transfer electronically submitted on behalf of the seller to the criminal history systems board.

SECTION 4. Section 131E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after subsection (b) the following subsection:-

(c) No person, other than an exempt person as defined in this subsection shall purchase, rent or lease more than 1 rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device in any 30-day period.

This subsection shall not apply to the following persons and uses:

  • Any law enforcement agency or authority;
  • Any branch of the United States military, including the National Guard;
  • Any persons in any branch of the United States military, police officers or other peace officers who are acquiring firearms for the purposes of performing their official duties or when duly authorized by their employer to purchase them;
  • Any licensed watch, guard or patrol agency or their licensed employees for the purposes of performing duties in the course of employment under sections 22 and 25 of chapter 147;
  • A federal, state or local historical society, museum or institutional collector open to the public;
  • Any person who purchases, rents or leases a rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device and then exchanges it for another rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device provided by a licensed dealer within a 30-day period; and
  • A firearms surrender program authorized by and in compliance with section 131O.

Upon receipt of a record of a sale, rental or lease of a rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device from a licensee as required under section 123 or a person without a license under section 128A, the executive director of the criminal history systems board, or his agent, shall determine whether a person has purchased, rented or leased more than 1 rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device in any 30-day period in violation of this subsection. If a person has purchased, rented or leased in violation of this subsection, the executive director of the criminal history systems board, or his agent, shall forward any records demonstrating the relevant acquisition history to the colonel of the state police or his agent, the prosecutor, and the chief of police in the city or town in which the person resides or where the second rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device was obtained in violation of this subsection.

A non-exempt person who purchases, rents or leases more than 1 rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device in any 30-day period shall be punished by a fine of not more than $1,000, or by imprisonment for not more than 2 ½ years, or both, for a first offense; and for any subsequent offense shall be punished by a fine of not less than $1,000 and not more than $5,000, or by imprisonment for not more than 2 ½ years in a house of correction or not more than 5 years in the state prison, or by both such fine and imprisonment.

Any licensed dealer under section 122 or any other individual who sells, rents or leases a rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device to a non-exempt person under this section, having sold, rented or leased a rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device to the person within the previous 30 days or with actual knowledge that the person has purchased, rented or leased a rifle, shotgun, firearm, machine gun, large capacity weapon or large capacity feeding device within the previous 30 days, shall be punished by a fine of not more than $5,000, or by imprisonment of not more than 2 ½ years, or both, for a first offense; and for any subsequent offense shall be punished by a fine of not less than $1,000 and not more than $10,000, or by imprisonment for not more than 2 ½ years in a house of correction or not more than 5 years in the state prison, or by both such fine and imprisonment.

SECTION 5. Chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after section 18C the following section:-

Section 18D. Use of a firearm while committing a violent misdemeanor; punishment

Whoever, while in the commission or attempted commission of a misdemeanor that has as an element the use, attempted use, or threatened use of physical force against the person of another, has in his possession or under his control a firearm, rifle, or shotgun, shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not more than 10 years, or in the house of correction for not more than 2 ½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

SECTION 6. Subsection (1) of Section 58A of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the words "ninety-four C,", in line 17, the following words:- or any violation of paragraphs (a), (c), or (h) of section 10 of Chapter 269, or.

SECTION 7. Subsection (3) of said section 58A of said chapter 276, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- Subject to rebuttal by the person, in a case involving any felony offense that has as an element the use, attempted use, or threatened use of physical force against the person of another and involves the use of a firearm, it shall be presumed that no condition or combination of conditions will reasonably assure the safety of any other person or the community if the judicial officer finds that there is probable cause to believe that the person committed the offense.