PETITION OF:

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In the Year Two Thousand and Seven.

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An Act establishing a new license and firearm identification card for pepper spray.

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. Notwithstanding the provisions of sections 129B and 131 of chapter 140 of the General Laws, any person residing or having a place of business in any city or town may submit to the chief of police or police commissioner in such city or town an application to purchase and possess chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate and the chief of police or police commissioner may issue if it appears that the applicant is a suitable person a license to purchase and possess such materials unless the applicant:—
(1) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of: (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;
(2) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;
(3) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of 5 years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;
(4) is at the time of the application less than 21 years of age;
(5) is an alien;
(6) is currently subject to:
(a) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or
(b) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or
(7) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
The chief of police or police commissioner shall, within 72 hours from the date of application either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing.

SECTION 2. There shall be no application fee for said license.