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:
(1) any law enforcement agency or
authority;
(2) any branch of the United States
military, including the National Guard;
(3) 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;
(4) 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;
(5) a federal, state or local
historical society, museum or institutional collector open to the public;
(6) 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
(7) 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.
