SENATE, No. 1401

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1401) of Richard T. Moore for legislation to prohibit the confiscation of lawfully owned firearms during a state of emergency. Public Safety and Homeland Security.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT prohibiting the confiscation of lawfully owned firearms during a state of emergency

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. Chapter 140 of the Massachusetts General Laws shall be amended by adding the following section;

Section 129E. Prohibiting the confiscation of lawfully owned firearms.

No law enforcement officer, person acting as a law enforcement officer, or other public official shall confiscate or attempt to confiscate any lawfully carried or lawfully owned firearm, rifle or shotgun in this state during a declared state of emergency.

Whoever violates the provisions of this section shall be subject to a civil fine of not less than $500 nor more than $5,000 for each firearm, rifle or shotgun confiscated or by imprisonment in a state prison for not more than ten years or by imprisonment in a house of correction for not more than two and one-half years