| By Mr. Barrios, a petition (accompanied by bill, Senate, No. 1335) of Jarrett T. Barrios for legislation relative to completing the assault weapon ban. Public Safety and Homeland Security |
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 2002 Official Edition, is hereby amended by inserting after the figure “(31)”, in line 58, the following words:-
“, as appearing in such act on September 13, 1994”.
SECTION 2. Section 123 of said chapter 140, as so appearing, is hereby amended by striking out clause “Sixteenth” in its entirety.
SECTION 3. Chapter 140 of the General Laws is hereby amended by inserting after section 129C the following section:-
Section 129C 1/2. Any person or entity that inherits an assault weapon or large capacity feeding device or is the beneficiary of a trust containing an assault weapon or a large capacity feeding device, from a person or entity that lawfully owned, possessed or controlled, such weapon or device on and after September 13, 1994, may sell, transfer or deliver the assault weapon or large capacity feeding device to a licensed dealer or to another if the transferee is legally permitted to purchase or take possession of such weapon or device. Such weapon or device may not be subsequently sold, transferred or delivered within the commonwealth to another person, except through inheritance, except to a licensed dealer who may transfer the weapon or device again only to another dealer without the commonwealth.
Whoever violates this section shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than 1 year in the house of correction nor more than 10 years in state prison, or by both such fine and imprisonment.
SECTION 4. The secretary of the executive office of public safety shall promulgate regulations requiring the criminal history systems board to designate and track inherited assault weapons and large capacity feeding devices and to maintain a database of such weapons and devices to further the purpose of section 3.
SECTION 5. Section 131M of chapter 140, as so appearing, is hereby amended by striking out the words “that was not otherwise lawfully possessed on September 13th 1994”, in lines 2 and 3, and inserting in place thereof the following:-
“Except as provided in section 129C ½”
SECTION 6. The provisions of section 3 shall take effect one year following enactment.