By Mr. Timilty, a petition (accompanied by bill,
Senate, No. 1421) of James E. Timilty for legislation to
establish the Massachusetts armor piercing law. Public
Safety and Homeland Security.
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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 General Laws is hereby amended by inserting after section 132 the following section: -
Section 133. MASSACHUSETTS ARMOR-PIERCING LAW
A. Definitions
As used in this chapter--
(1) The term "person" and the term
"whoever" include any individual, corporation, company, association,
firm, partnership, society, or joint stock company.
(2) The term
"importer" means any person engaged in the business of importing or
bringing firearms or ammunition into the
(3) The term "manufacturer" means any
person engaged in the business of manufacturing firearms or ammunition for
purposes of sale or distribution; and the term "licensed
manufacturer" means any such person licensed under the provisions of this
chapter.
(4)(a) The term "ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for
use in any firearm.
(b) The term "armor piercing ammunition" means--
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
(c)
The term "armor piercing ammunition" does not include shotgun shot
required by Federal or State environmental or game regulations for hunting
purposes, a frangible projectile designed for target shooting, a projectile
which the Attorney General finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the Attorney General
finds is intended to be used for industrial purposes, including a charge used
in an oil and gas well perforating device.
(5) The term "Attorney General" means
the Attorney General of the
B. It shall be unlawful -
(1) for any person to manufacture, import, or possess armor piercing ammunition, except that this paragraph shall not apply to -
(a) the manufacture, importation, or possession of such
ammunition for the use of the
(b) the manufacture or possession of such ammunition for the purpose of exportation; and
(c) any manufacture, importation, or possession for the purposes of testing or experimentation authorized by the Attorney General;
(2) for any manufacturer or importer to sell or deliver armor piercing ammunition, except that this paragraph shall not apply to -
(a) the sale or delivery by a manufacturer or importer of
such ammunition for use of the
(b) the sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;
(c) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Attorney General.
C. Whoever violates the provisions of this section shall be sentenced to the state prison for any term of years, but not less than ten years.