By Mr. Rush of Boston, petition (accompanied by bill, House, No. 5019) of Michael F. Rush (with the approval of the mayor and city council) for legislation toimpose certain penalties for the illegal possession and use of firearms in thte city of Boston. The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Michael F. Rush

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In the Year Two Thousand and Eight.

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An Act Relative to Illegal 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. Notwithstanding any general or special law to the contrary, whoever except as provided or exempted by statute, knowingly has in his possession or knowingly has under his control in his place of resident or place of business in the city of Boston a fire arm, loaded or unloaded, as defined in section 121 chapter 140 of the General Laws without (i) having effect a license to carry firearms issued under section 131 of chapter 140 of the General Laws or (ii) having in effect a license to carry firearms issued under section 131F of said chapter 140 or (iii) or having complied with sections 129C and 131G of said chapter 140 shall be punished by imprisonment in the state prison for not less than 2 ½ years nor more than 5 years or for not less than 18 months nor more than 2 ½ years in jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended nor shall any person convicted under this act be eligible for probation, parole, work release or furlough or receive any declaration from his sentence for good conduct until he shall have served 18 months of such sentence, provided, however, the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, grant to an offender committed hereunder a temporary release in the custody of a relative, to visit a critically ill relative, or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced hereunder shall neither be continued without a finding nor placed on file.

No person having in effect a license to carry firearms for any purpose issued under sections 131 or 135F of said chapter 140 shall be deemed to be in violation of this act.

Whoever after having been convicted of a violation of this act or subsections (s), (b) and (c) of chapter 269 of the General Laws in the city of Boston commits a like offense or any other of said offenses, in the city of Boston, shall be punished by imprisonment in the state prison for not less than 5 years nor more than 7 years; for a third such offense, by imprisonment in the state prison for not less than 7 years nor more than 10 years and for a fourth such offense, by imprisonment in the state prison for not less than 19 years nor more than 15 years. The sentence imposed upon a person, who after convicted of an offense under said subsection (a), (b) and (c) of said chapter 269, in the city of Boston shall not be suspended, nor shall any person so sentenced be eligible for probation or receive any deduction from his sentence for good conduct.

Upon conviction of a violation of this act or said section 10 of said chapter 269, in the city of Boston, the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth. The firearm or article so confiscated shall by the written authority of the court be forwarded by common carrier to the colonel of the state police, who, upon receipt of the same notify said court or justice hereof. The colonel may sell or destroy the same, except that any firearm which may not be lawfully sold in the commonwealth shall be destroyed and in the case of a sale, after paying the cost of forwarding the article, shall pay over the net proceeds to the commonwealth.

SECTION 2. This act shall take effect upon its passage.