The Commonwealth of Massachusetts
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PETITION OF:
J. James Marzilli, Jr.
Susan C. Fargo
Michael E. Festa
Ellen Story
Alice Hanlon Peisch
Alice K. Wolf
Gloria L. Fox
Karen E. Spilka
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In the Year Two Thousand and Seven.
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An Act to restrict the issuance of licenses to carry firearms. |
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 121 of chapter 140 of the General
Laws, as appearing in the 1998 Official Edition, is hereby amended by striking
out the definition of “Conviction” and inserting in place thereof the following
definition:—
“Conviction”, a finding or verdict of guilt or a plea of guilty, whether or not
final sentence is imposed, or a continuation without a finding after a finding
of sufficient facts to warrant a finding of guilty.
SECTION 2. Section
131 of said chapter 140, as so appearing, is hereby amended by striking out
subsection (d) and inserting in place thereof the following subsection:—
(d) Any person residing or having a place of business within the jurisdiction
of the licensing authority or any person residing in an area of exclusive
federal jurisdiction located within a city or town may submit to such licensing
authority or the colonel of state police, an application for a Class A or Class
B license to carry firearms, or renewal of the same, which such licensing
authority or said colonel may issue if it appears that the applicant is a
suitable person to be issued such license, and that the applicant has a good,
specific and compelling reason to fear injury to his person or property, or may
issue a license limited to the carrying of firearms for use in sport or target
practice only, subject to such restrictions expressed or authorized under this
section, unless the applicant:
(i) 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 one year; (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;
(ii) 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;
(iii) is or has been under treatment for or confinement for substance or
alcohol abuse 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 five 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;
(iv) is at the time of the application less than 21 years of age;
(v) is an alien;
(vi) 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 208 or chapter 209A or a similar order issued by another
jurisdiction; or
(vii) is currently the subject of an outstanding arrest warrant in any state or
federal jurisdiction.
(viii) has not successfully completed a firearms safety course of at least
twenty hours, including a minimum of four hours of practical shooting
instruction at a firing range that has been approved by the secretary of public
safety or his designee.