PETITION OF:

SECTION 1. Section 121 of Chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after paragraph 12 the following:—

(a) "Projectile" means that part of ammunition that is, by means of an explosion, expelled through the barrel of the gun.

(b) "Shell casing" means that part of ammunition that contains the primer and propellant powder to discharge the projectile.

SECTION 2. Section 123 of Chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after clause Twenty-first the following clause in line 230:—

Twenty-second, that on or after January 1, 2009, a licensee shall, within ten days of delivering to a person a firearm or rifle that is received by the licensee on or after such date, forward to the Massachusetts State Police, for transactions of guns within Massachusetts but outside of the Boston city limits, a sealed container enclosing the projectile and shell casing from such firearm or rifle as required by section 131Q either (a) as received from the manufacturer or (b) obtained through participation in the program operated by the department of state police in accordance with subsection three of section 131Q together with all reports required by section one hundred and twenty three of this chapter. For transactions of guns within the city limits of Boston the same requisite information and materials shall be sent to the Boston Police Department.

SECTION 3. Chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after section 131P the following section:—

Section 131Q. (1) On or after January 1, 2009, any manufacturer or wholesaler of firearms or rifles that ships, transports or delivers a firearm or rifle to any person in the commonwealth shall, in accordance with rules and regulations promulgated by the executive office of public safety, include in the container with such firearm or rifle a separate sealed container that encloses:

(a) a projectile discharged from such firearm or rifle;

(b) a shell casing of a bullet or projectile discharged from such firearm or rifle; and

(c) any additional information that identifies such firearm or rifle, projectile and shell casing as required by such rules and regulations.

(2) A gunsmith or dealer in firearms licensed under section 122 shall, within ten days of the receipt of any firearm or rifle from a manufacturer that fails to comply with the provisions of this section, either:

(a) return such firearm or rifle to such manufacturer or wholesaler, or

(b) notify the department of state police of such noncompliance and thereafter obtain a substitute sealed container through participation in a program operated by the department as provided in subsection three of this section.

(3) The executive office of public safety shall, no later than October 1, 2008, promulgate rules and regulations for the operation of a program that provides a gunsmith or dealer in firearms licensed under section 122 with a sealed container enclosing the items specified in subsection two of this section. The program shall, at a minimum:

(a) be operational by January 1, 2009;

(b) operate in at least three regional locations within the state; and

(c) specify procedures by which such gunsmith or dealer in firearms is to deliver a firearm or rifle to the regional program located closest to his or her place of business for testing and prompt return of such firearm or rifle.

(4) Upon receipt of a projectile and sealed container as required by clause twenty-second of section 123, the State Police or Boston Police Department shall cause to be entered in an automated electronic databank pertinent data and other ballistic information relevant to the identification of the projectile and shell casing and to the firearm or rifle from which they were discharged. The automated electronic databank shall be operated and maintained by the State Police, in accordance with rules and regulations issued by the executive office of public safety adopted after consultation with the Federal Bureau of Investigation and the United State Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to ensure compatibility with national ballistic technology.

(5) Any person, firm, or corporation who knowingly violates any of the provisions of this section shall be punished, in the case of a rifle or firearm that is not a large capacity weapon, by a fine of not less than $500 and not more than $5000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person, firm, or corporation who knowingly violates any of the provisions of this section shall be punished, in the case of a rifle or firearm that is a large capacity weapon, by a fine of not less than $1000 and not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person, firm, or corporation who knowingly violates any of the provisions of this section after having been previously convicted of a violation of this section shall be punished, in the case of a rifle or firearm that is not a large capacity weapon, by a fine of not less than $1000 and not more than $10,000, or by imprisonment for not less than one year and not more than ten years, or by both such fine and imprisonment. Any person, firm, or corporation who knowingly violates any of the provisions of this section after having been previously convicted of a violation of this section shall be punished, in the case of a rifle or firearm that is a large capacity weapon, by a fine of not less than $5000 and not more than $10,000, or by imprisonment for not less than two and one half years and not more than ten years, or by both such fine and imprisonment. The sentence imposed upon such person shall not be reduced to less than one year for a second or subsequent offense if the weapon is not a large capacity weapon, nor less than two and one half years for a second or subsequent such offense if the weapon is a large capacity weapon, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection.