PETITION OF:

SECTION 1. Section 121 of chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended, in line 1, by striking out the figure “131P” and inserting in place thereof the following figure:— 131Q.

SECTION 2. Said section 121 of said chapter 140 of the General Laws, as so appearing, is hereby amended by adding the following definitions:—
“Ballistic sample”, a shell casing of a bullet or shot discharged from a specific, identified weapon.
“Caliber”, the caliber of ammunition a particular weapon is designed to discharge.
“Certificate of compliance”, a document issued by the department of state police certifying that a ballistic sample has been secured from a weapon by said department for entry into the ballistic identification database maintained by the criminal history systems board and identifying the weapon by make, model, caliber, serial number and weapon type in accordance with the provisions of section 131Q.
“Make”, the make or brand name under which a weapon is marketed and which is displayed on such weapon.
“Manufacturer”, any person, firm or corporation engaged in the business of manufacturing weapons or ammunition therefor for the purpose of sale or distribution.
“Model”, the model name or number assigned by the manufacturer and under which the weapon is marketed.
“Serial number”, the unique serial number assigned to the firearm by the manufacturer as required by federal law.
“Shell casing”, that part of ammunition capable of being used in a weapon that contains the primer and propellant powder to discharge the bullet or shot.
“Weapon type”, shall identify a particular weapon as either a rifle, shotgun or firearm and whether it is a large-capacity weapon.

SECTION 2. The first paragraph of section 123 of said chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following clause:—
Twenty-second, That no licensee shall sell or otherwise transfer ownership of any weapon received on or after July 1, 2003 to any purchaser in the commonwealth unless such transaction or offer is in compliance with the provisions of section 131Q and regulations established thereunder.

SECTION 3. Chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section:—
Section 131Q. (a) Any weapon transferred or delivered to any person in the commonwealth by a manufacturer or wholesaler on or after July 1, 2005 shall be accompanied by a ballistic sample discharged from that weapon. Such ballistic sample shall be enclosed in a properly marked and sealed container in accordance with rules and regulations established by the executive director of the criminal history systems board; provided, however, that a properly marked container shall identify the weapon from which its contents was discharged in terms of, but not limited to, its make, model, caliber, serial number, weapon type and the date on which the sample was so discharged. The manufacturer shall be responsible for ensuring that a ballistic sample is properly identified and packaged with each weapon so transferred or delivered from which such sample was discharged.
(b)(i) Any person licensed under section 122 who receives a weapon from a manufacturer or wholesaler on or after July 1, 2005 that is not in compliance with subsection (a) shall, within 10 days, either: (i) return the weapon to the manufacturer and notify the manufacturer of the requirement to provide a ballistic sample in compliance with this section and regulations established hereunder; or (ii) notify the department of state police of the manufacturer’s noncompliance with subsection (a) and such regulations and cause said department to secure a ballistic sample from such weapon in a manner provided by such regulations; and, upon securing a ballistic sample, the department of state police shall issue the licensee a certificate of compliance.
For the purposes of this paragraph, a weapon shall be deemed to be in compliance with subsection (a) if it is accompanied by a marked and sealed container in accordance with rules and regulations established by the executive director of the criminal history systems board and if, based upon inspection of the exterior of such container, the licensee has no reason to presume that such container does not contain a ballistic sample that matches the identifying information communicated thereon.
(ii) Any person licensed under section 122 who receives a weapon on or after July 1, 2005 from a person other than a manufacturer, wholesaler or another person licensed under section 122 that would not be deemed to be in compliance with subsection (a) if received from a manufacturer or wholesaler shall, within 10 days, either: (i) submit the weapon to the manufacturer for the purpose of having it returned back to the licensee in compliance with subsection (a) and regulations established hereunder; or, if, and only if, the manufacturer refuses to accept delivery of such weapon for said purpose (ii) notify the department of state police of the manufacturer’s refusal and cause said department to secure a ballistic sample from such weapon in a manner provided by such regulations; and, upon securing a ballistic sample, the department of state police shall issue the licensee a certificate of compliance.
(iii) Any person licensed under section 122 who transfers a weapon, and ownership thereof, received on or after July 1, 2005 for which a ballistic sample or certificate of compliance is required to be procured under the provisions of paragraph (i) or (ii) to another person so licensed shall include in the container with such weapon the ballistic sample received from the manufacturer or the certificate of compliance issued by the department of state police. Such person to whom such weapon is transferred shall retain such sample or certificate with the weapon until the weapon is transferred to another person.
(iv) Any person licensed under section 122 who transfers a weapon, and ownership thereof, received on or after July 1, 2005 for which a ballistic sample or certificate of compliance is required to be procured under the provisions of paragraph (i) or (ii) to any person other than another person so licensed shall within 10 days forward to the executive director of the criminal history systems board in such manner to be prescribed by said executive director the ballistic sample received from the manufacturer or the certificate of compliance issued by the department of state police.
(c) On and after July 1, 2005, the criminal history systems board shall operate an electronic database containing information relevant to the identification of all shell casings and the weapons from which they were discharged for which ballistic samples are required to be submitted to said board pursuant to the provisions of subsection (b). Said board shall retain all ballistic samples forwarded to it as required under this section.
(d) On and after July 1, 2005, the department of state police shall provide services to persons licensed under section 122 for the collection of ballistic samples as required under paragraphs (b)(i) and (b)(ii). Upon completion of the ballistic sample collection procedure required hereunder, the department of state police shall provide the licensee with a certificate of compliance certifying that a ballistic sample has been secured by said department. Such samples and information relevant to the identification of all shell casings and the weapons from which they were discharged shall be forwarded to the criminal history systems board.
(e) The secretary of the executive office of public safety may establish regulations to carry out the provisions of this section.